Hosting Policies

Our Hosting Policies, in Plain, Straightforward English.

Preamble

GCom Internet is a wholly owned subsidiary of Graaf Computer Systems Pty. Ltd., and represents the commercial Internet and web hosting operation of that company. Within this document, GCom Internet and Graaf Computer Systems Pty. Ltd. shall be accepted as interchangeable terms, representing the one ultimate commercial entity.

Accounts

All accounts will be payable at the commencement of hosting and thereafter on each monthly anniversary. Apart from exceptions solely at the discretion of GCom Internet, all invoices, receipts and general communications will be forwarded monthly by email. Upon receipt by the Client of an invoice or other demand forwarded by GCom Internet, prepayment of an amount sufficient to bring the account into a credit balance equal to at least one full month's hosting fees will be required. GCom Internet will issue a receipt by email for all payments received from the Client.

For reasons of both security and avoidance of duplicative accounting handling, all invoicing and receipting documentation will be provided only to the primary account holder. A single, off-server administrative and billing email point of contact is required for each hosting account. It is the Client's responsibility to keep GCom Internet advised of any changes to the administrative and billing contact email address. It is the Client's responsibility to ensure that invoices are being received each month and to advise GCom Internet in the event that same is not occurring.

Unpaid accounts will be subject to suspension any time after one month has past without full payment being received for an issued invoice. Unpaid accounts will be subject to full cancellation any time after two months has past without full payment being received for an issued invoice. Suspended accounts will be reactivated only after full payment is received for all amounts outstanding, including a service reconnection fee of $27.50 to cover the costs of associated server and accounting operations. All service fees continue to accumulate while an account is suspended. Fully cancelled accounts will not be reactivated. Suspension and/or cancellation of an account will be at the sole discretion of GCom Internet.

Reseller accounts will be charged at a reduced wholesale rate only while the account is not in arrears. Reseller accounts will be charged at a full non reseller rate upon the issue of an invoice which includes an unpaid balance carried forward from a previous invoice.

Because a sizeable component of our hosting for overseas clients includes goods or services which are delivered, made available, removed from, imported into, installed or assembled in Australia, we are liable to pay 1/11 of all gross web hosting revenue to the Australian Taxation Office under the Goods and Services Tax (GST) legislation. Accordingly, all invoices for both Australian and non Australian residents include a 10% GST component.

The Client agrees that from time to time GCom Internet will send electronic and/or physical mailouts to the Client.

Advanced Payments

At any time, if the Client so desires, the Client may pay an amount to bring the account into a credit balance in excess of one full month's hosting fees. In this case, subsequent invoices forwarded to the Client will be marked as "no payment required", or words to that effect, for so long as the account remains in credit.

GCom Internet will invoice only on a month to month basis, and will not issue invoices for amounts in excess of one one full month's hosting fees.

Refunds and Cancellations

Notification of an account cancellation or modification must be provided by the Client by email to GCom Internet. The Client may cancel or modify their account at any time, but cancellation and modification requests must be received by email at least 7 days prior to the next invoice date of the account to be effective at the end of the current invoice period of the account. Cancellation and modification requests received later than 7 days prior to the next invoice date of the account will be effective at the end of the next invoice period of the account, and no refunds will be provided for partial or reduced usage prior to the end of the next invoice period of the account. GCom Internet will issue a pro rata refund from the end of the effective invoice period of cancellation to the date for which a prepayment has already been received. Under no circumstances will a refund be provided to the Client by GCom Internet for any period for which hosting has already been provided or for the currently invoiced period. If the Client has a balance due at the effective date of cancellation of the account, the balance remains payable as account cancellation does not absolve the Client's existing financial obligations.

Indemnification

The Client agrees to use all GCom Internet services and facilities at its own risk. To the maximum extent permissible by law, GCom Internet specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event, to the maximum extent permissible by law, shall GCom Internet be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The Client agrees that it shall defend, indemnify, save and hold GCom Internet harmless from any and all demands, liabilities, losses, costs and claims, including but not limited to legal fees asserted against GCom Internet, its officers, its employees, its agents and its customers that may arise or result directly or indirectly from any product or service provided or performed or agreed to be provided or performed.

Email and Spam

Email hosting is provided only for domains where all web hosting services are contained within our network, and for domains which have no web presence at all. We do not provide email hosting for domains with web hosting services operating externally to our network. We do not provide secondary only or primary with external secondary email services.

Email hosting accounts are provided strictly for email handling only. The addition of any website content to an account ordered for email only hosting will result in immediate elevation of the account to that of a full web hosting account with an associated increase of the monthly account fee.

GCom Internet takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over its network, or over any other network on behalf of any domain hosted or associated with GCom Internet's web, email or DNS hosting services. Very simply, this means that Clients of GCom Internet may not use or permit others to use its network to transact in UCE, and may not use or permit others to use any external network to transact in UCE on behalf of any domain hosted or associated with GCom Internet's web, email or DNS hosting services. The Client may not host, or permit hosting of, sites or information advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Upon detection or notification of an alleged violation of the spam policy, GCom Internet will initiate an immediate investigation. During the investigation, GCom Internet may restrict the Client's access to the network to prevent further violations. If the Client is found to be in violation of the spam policy, GCom Internet may, at its sole discretion, restrict, suspend or terminate the Client's account. All service fees continue to accumulate while an account is suspended. Further, GCom Internet reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. GCom Internet will notify law enforcement officials if the violation is believed to be a criminal offence.

Clients who violate this policy agree that they will pay research fees not to exceed AU$110 per hour for each hour or part thereof which GCom Internet personnel must spend in investigating the matter. Severe violations of this policy will result in the immediate termination of the Client's account and may incur an administrative fee of up to AU$1500.

We consider UCE or spam to be any email message for which a spam complaint is raised by a message recipient, or a valid SMTP rejection or bounce message is recieved, and where the Client cannot produce proof of double opting in on the part of that recipient.

Quite simply, to avoid any problems or costs, do not spam from, through, or in connection with your GCom Internet account.

GCom Internet's hosting division is in the business of web hosting - not SMTP hosting. It is neither appropriate nor acceptable for our web hosting servers to be used as a point of email origin for anything other than low-level email despatch which is not associated in any with mailing lists. The only automated email applications permitted on our servers are general feedback and online order forms, and this specifically excludes any kind of mailing list sending or management application.

If you have any complaints or comments regarding spam on our network, please direct them via email to .

Content and Use

All services provided by GCom Internet may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian or USA law is prohibited. This includes, but is not limited to, copyrighted material, trademark, intellectual property, material judged to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Client agrees to indemnify and hold harmless GCom Internet from any claims resulting from the use of the service which damages the Client or any other party. GCom Internet will be the sole arbiter in determining violations of this provision.

Pornography and related merchandising is prohibited on all GCom Internet servers. This includes sites that may imply pornographic content, or links to pornographic content elsewhere. GCom Internet will be the sole arbiter in determining violations of this provision.

All services provided by GCom Internet are provided solely for the use of the Client directly. Except in the case of reseller accounts, no onselling, leasing or sharing of services, whether or not for profit, is permitted. Any addon or parked domains applied to any hosting account must be owned by the one and the same Client who owns the primary hosted domain. GCom Internet will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to GCom Internet servers or any other server on the Internet. Links to such materials are also prohibited. GCom Internet will be the sole arbiter in determining violations of this provision.

Examples of unacceptable content or links:

  • Mailing List Sending Software
  • Pirated Software
  • Hacker Programs or Archives
  • Warez Sites
  • Illegal MP3s
  • General Pornography
  • Child Pornography

GCom Internet is in the business of providing primary web hosting services both to resellers and for virtual accounts. We do not allow the use of our services to promote the use of other primary web hosting companies who are our competitors. GCom Internet will be the sole arbiter in determining violations of this provision.

GCom Internet provides shared hosting accounts strictly for web hosting services and ancillary email services only. Storage is not permitted on our servers of any files of any nature not directly and immediately required for the functioning of the Client's website. This policy specifically includes site backups created on our servers, and all such backups must be downloaded to the Client's local storage and then deleted from the server immediately after creation. Any files of any kind found to be in violation of these terms will be subject to immediate removal from our servers without notification. GCom Internet will be the sole arbiter in determining violations of this provision.

GCom Internet's hosting division is primarily in the business of web hosting - not email hosting. Email hosting is considered an ancillary service to web hosting, and the use of our servers for the storage of email archives is not permitted. Clients are required to regularly collect and delete all email stored in all mailboxes associated with hosting accounts. GCom Internet will be the sole arbiter in determining violations of this provision.

Server Abuse

For the benefit of all Clients and to maintain a quality service, GCom Internet reserves the right to suspend any domain without any notice if that domain is found to be using too much of the server's resources and therefore abusing the server. In such an instance it is the Client's responsibility to contact GCom Internet to formulate a strategy to allow the domain to be reactivated. All service fees continue to accumulate while an account is suspended. GCom Internet will be the sole arbiter in determining violations of this provision.

Staff Abuse

Abuse of staff by the Client will not be tolerated via any method of communication or under any circumstances. GCom Internet reserves the right to terminate service to the Client as a result of such abuse. GCom Internet will be the sole arbiter in determining violations of this provision.

Subject to any and all provisions of this document, the Client is free to install server side scripts as required for the operation of its website only so long as the concerned scripts are not included in the following list:

  • Any script which is not updated to the latest secure version.
  • UltimateBBS (all versions)
  • Ikonboard (all versions)
  • YABB and YABB se (all versions)
  • Greymatter (all versions)
  • IRC Egg Drops and IRC related programs. (chat software)
  • Proxy Servers
  • nph-proxy
  • The Anonymizer
  • formmail.pl other than NMS version
  • timthumb.php
  • lstmrge.cgi
  • "Tell a Friend" type scripts
  • Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
  • Any script which processes a massive number of flat files or large flat file databases.
  • Any PHP script which requires a register_globals "on" directive.
  • Any PHP script which requires an allow_url_fopen or allow_url_include "on" directive.
  • Any PHP script which requires access to the exec(), shell_exec() or system() functions.
  • Any script which facilitates the exploitation of our servers in any way.

Any script installed on our servers must at all times be kept up to date by the Client with the latest stable version available from the supplier or developer of the application. Any script which contains a login interface must include suitable brute force protection to efficiently block and refuse dictionary or guessing attacks against the login.

In the case of the Client allowing a script with a reported exploit or vulnerability to remain installed on a server, GCom Internet reserves the right to disable the script, or terminate the site. GCom Internet will be the sole arbiter in determining violations of this provision.

Further to the above, GCom Internet reserves the right to disable any script, or terminate any site, which it considers to be affecting normal server operation or service to other Clients, or which represents a general risk to our servers. GCom Internet will be the sole arbiter in determining violations of this provision.

Chat

GCom Internet does not allow chat rooms to be hosted on its servers under any circumstances. However, the Client is free to link its site to a third party chat provider such as www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

In general, full server backups are made and retained on daily, weekly, and monthly cycles. However, absolutely no guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made only for server restoration purposes in the case of large scale data loss occurring on a server for any reason including but not limited to hardware failure, software failure, server hacking and general data vandalism. The primary purpose of these backups is to protect system and application files related to GCom Internet's server operations. Please take note that it is solely the Client's responsibility to maintain local copies of its web content, email and any associated files including but not limited to scripts, data files, databases and other ancillary files.

The Client acknowledges and agrees that data may be lost or corrupted in connection with the use of the service and acknowledges that GCom Internet shall have no liability to the Client in the event that any or all data is lost or destroyed.

GCom Internet supports a large number of personal and commercial sites, and for reasons of both economy and efficiency it is no longer possible to accept telephone or front counter enquiries as a first resort for any problems which the Client may encounter. On all occasions, without exception, Client support requests must intially be raised by email to . In the unlikely event that GCom Internet is unable to provide an adequate answer by email, the Client will be invited to telephone or visit GCom Internet's offices to discuss the issue more fully. Support requests raised by telephone or front counter contact will not be entertained.

GCom Internet provides support for technical and server related matters only. No support is provided for matters related to site design, search engine optimisation, script installation, debugging or software configuration. It is the Client's responsibility to have, or obtain, a good working knowledge of Internet related tools and procedures. GCom Internet provides technical hosting services and should not be regarded as a general support service.

With the exception of email items created at your server, either via the webmail interface or by other server based applications, you must always use your own local ISP's SMTP server for sending all email.

We do not provide support for issues related to the sending of email via third party SMTP servers.

All hosted domains require full DNS delegation to our DNS servers. GCom Internet does not support external DNS delegation of hosted domains, and does not provide support for issues related to third party DNS delegation.

GCom Internet provides support only to its own direct Clients. For reasons of both security and avoidance of duplicative support handling, no support will be provided to any third party. Support will be provided only to the primary account holder. A single, off-server administrative and billing email point of contact is required for each hosting account.

Overselling (resellers only)

GCom Internet allows its reseller Clients to oversell their server resources, but only so long as GCom Internet feels that a Client's account is not being oversold to an extent which is, or is likely to be, creating a risk of server abuse. For the benefit of all Clients and to maintain a quality service, in such an instance GCom Internet reserves the right to upgrade the account through consultation with the Client. GCom Internet will be the sole arbiter in determining violations of this provision.

Resources (resellers only)

For the benefit of all Clients and to maintain a quality service, GCom Internet reserves the right to refuse service, or discontinue service, to any Client found to be using its account to market or promote unlimited disk space and/or unlimited data transfer hosting accounts. GCom Internet takes this rule extremely seriously and will have no hesitation in enforcing same. GCom Internet will be the sole arbiter in determining violations of this provision.

Additional

GCom Internet reserves the right to refuse service to anyone for any reason not prohibited by law.

GCom Internet reserves the right to terminate service to any Client for any reason not prohibited by law.

GCom Internet reserves the right to modify this document and these policies at any time.

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