TERMS OF SERVICE AGREEMENT 
This Agreement shall be construed in all respects in accordance with the laws of the state of Queensland, Australia applicable to contracts enforceable in that state.
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern the use of any services provided by SupplyLink International Pty Ltd. As used in this Agreement, "SupplyLink", "The Supplier", "Supplier" means SupplyLink International Pty Ltd and "Client", “client”, "You", "you", "Your", "your', "Subscriber", "subscriber" means you. By accessing our website and or providing your unique ISP eMail Address and clicking on the "Click to Continue” button during the Order Process you acknowledge that the eMail Address is your electronic signature and authority to proceed with the purchase and have read and understand this Agreement, and you agree to the Terms and all policies posted on this site. As referred to in this Agreement, "Site" refers to a World Wide Web site owned by the Supplier or any other successor Sites owned or maintained by the Supplier.

General

The terms and conditions outlined below are designed to protect and benefit all clients in relation to our web hosting services.  In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the system's resources.

The Client acknowledges it is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for ensuring that the Supplier has an up to date and accurate record of the Client's email address. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of The Supplier's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing may require knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. Domain Name Licence registration and transfer procedures. The client agrees that he or she has the necessary knowledge to create and maintain their web space and the Client agrees that it is not the responsibility of The Supplier to provide this knowledge or support outside matters specific to The Supplier's servers unless otherwise agreed in writing. Fantastico Support provided by each programs site forum.

The Client agrees to use their ISP provided email address as the registered address in any order and Support Centre 'My Details', free addresses like Hotmail, Yahoo, MSN, Google etc., are often blocked by ISP providers and are not a reliable means of communication, however if the Client decides to use a non ISP provided email address they agree the Supplier is not responsible for "lost" emails and the Client agrees to login to the Suppliers Support Centre and view all communications online.

Contents: 
I) Purpose and Overview of the TOS 
II) Specific Violations of the TOS 
III) Security 
IV) Network Performance 
V) Payment Policy 
VI) General Operations 
VII) Violation Reporting 
VIII) Violation Procedures 
IX) Miscellaneous Provisions 

I) PURPOSE AND OVERVIEW OF THE TOS 

The TOS is provided to give our Subscribers and users a clear understanding of what we expect of them while using our services. All users of our services including those who access our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with our TOS.
We support the flow of information and ideas over the Internet and do not actively monitor Subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites. 
However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate the TOS. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of the TOS may result in the suspension or immediate termination of your account without prior notice.

The following are guidelines for the establishment and enforcement of the TOS: 

Ensure reliable service to our customers 
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws 
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information 
Preserve the privacy and security of individual users 
While we are committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. 

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

If you violate the TOS, we reserve the right to suspend or terminate your service without notice. We prefer to advise Subscribers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the TOS will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

II) SPECIFIC VIOLATIONS OF THE TOS 

By using our services you agree not to commit any of the following specific violation of the TOS. The following constitute specific violations of the TOS: 

Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. If illegal content or usage is found, the account will be suspended and/or terminated. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. 

Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography is prohibited. Violation of this policy will result in immediate termination of your service and a report will be made to law enforcement authorities. 

Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited. 

Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is prohibited. 

Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters" is prohibited This also includes any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. 

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of the TOS. The use of anonymous remailers or nicknames does not constitute impersonation. 

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an investigation. During the investigation, we may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate the Subscriber's account. Further, we reserve the 
right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. A second violation may result in an "Administrative Fee" of $100 and immediate termination of your account.

E-mail/News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account. 

Usenet Abuse/Spamming: We have a zero tolerance policy for the use of our service for the posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, 
or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 

Copyright or trademark infringement: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. This also includes intellectual property rights. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Collection of personal data: Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited. 

Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our services or the Internet is prohibited. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. 

This includes, but is not limited to: "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. It is the Subscriber's responsibility to ensure that their account(s) are configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any Subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your account, or if denial of service attacks are originating from your account. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible. 

Distribution of Viruses: Intentional distributions of software or anything that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account. 

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.

IRC networks: It is forbidden to host IRC (Internet Relay Chat) that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately suspended without notice. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. Any user who commits a second violation will be immediately and permanently removed from our network without notice.

Streaming Video and Audio: Streaming Video and Audio is not permitted on our shared servers. If you want to host Streaming content then you can use an external service such as youtube.com or google video. If you need to stream from your server, then please contact sales about a semi-dedicated server, virtual private server, or dedicated server.

Eggdrop Scripts: Eggdrop scripts/bots and IRC bots of any type are not allowed, these are grounds for immediate account deletion.

Adult Material: Adult Material is not allowed. If a website is found to contain adult material, the website will be suspended. Sites that engage in gambling are also not permitted. We reserve the right to clarify the definition of Adult Material at any time. 

Objectionable Material: You may not use our service to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including but not limited to: narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If you unsure if your content is objectionable, please contact us before posting it.

Chinese Forums: Chinese Forums are not allowed on our network. These sites require too much CPU usage. They typically require a dedicated server to run properly so please contact us if you want to run this and we will match a server to your needs.. If they are found on any shared server we will suspend and/or terminate them.

ANIME: Anime websites are not allowed on our network. If an Anime website is found we will terminate the account. These sites are not allowed on our servers because most of them are illegal, and almost inevitably cause server problems.

Demo Accounts: Due to the potential of a security breach, or malicious activity aimed at our network, control panel demo accounts are not allowed. We recommend linking directly to the control panel maker's website for their demo (for example www.cpanel.net).

Use of our service by minors: Persons under the age of eighteen (18) must have permission from their parent/guardian to use our services. By signing up for our service, you agree that you are over the age of eighteen, OR your parent/guardian has permitted you to do so and has read and agreed to the TOS, and has accepted responsibility for any actions you may take as a minor under their custody.

III) SECURITY 

By using our services you agree to adopt adequate security measures to prevent or minimize unauthorized use of your account. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Subscribers will be held responsible for any activity by third parties using their accounts in a way that violates the TOS. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. 

Subscribers who are resellers are responsible for enforcing the TOS to all of their clients. If their clients are found to be violating the TOS, we will suspend and or/terminate the offending site and let the reseller know. It is advisable that you adopt similar or stricter policies than ours. Our Subscribers may use and/or modify a copy of our TOS for use on their website(s).

Subscribers who signup for hosting agree to not hold the Supplier responsible in any way, financially or otherwise, in the event of a catastrophic event that results in data loss. Due to the nature of electrical components it is not possible to guarantee anything with regards to data storage. All that can be done is a best-effort approach to managing risk. We do not backup services for any shared hosting, semi-dedicated, or VPS accounts, however we do offer off-site backups as an optional service and all clients are ultimately responsible for keeping copies of their own data in the unlikely event of a 
catastrophe.

IV) NETWORK PERFORMANCE 

By using our service you agree to abide by this policy. Our services operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. 

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. This may include certain scripts or forums that put excessive use on the SQL server in a way which degrades performance for other users. We reserve the right limit such activities which may include account suspension or termination. Additionally, if your account(s) becomes the target of denial-of-service (DOS or DDOS) or other malicious attacks against the server, we reserve the right to suspend or terminate your service. 

Policy for Unlimited Accounts: Unlimited Accounts do not have a defined limit and are unlimited as described here. For all legal and practical purposes, the word "unlimited", as used in any of our advertising or other material, shall be defined only by these terms of service. Mainly the Web Host Manager will be set using the "unlimited" settings for bandwidth and disk space. These accounts may not to be used to host a large collection of archive files, MP3's, Warez, or media files. An account may not be used to backup your computer, another source, or general storage of any type. All content stored on an unlimited account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your software or files. They are to be used for standard web practices only. This means that all content stored on an unlimited account must be used for “normal” website use. “Un-normal” usage is anything that a shared server would not be able to provide under standard circumstances. If your account requires resources that are not able to be provided by a shared server, we may require you to a plan offering dedicated server resources to your account. If you are unsure of whether your account may violate this policy, please contact us prior to subscribing. We reserve the right to define "normal" on a case-by-case basis.

No shared hosting customer may consume more than 10% of system resources at any time. If an account is in violation of this policy, depending on the severity of the abuse, either a warning message will be sent, or the account will be suspended immediately and a notification message sent. If this should occur, corrective action must be taken by the account holder to have the account unsuspended or the account must be upgraded to a plan offering dedicated server resources.

V) PAYMENT POLICY

Billing Cycle, Invoices, Payments, Add-on Services, Refunds, Cancellation, Rates.

Billing: The Suppliers Billing Cycle for Services is as defined on the Order form and Due Date is the date shown on the invoice. 

Invoices: The Initial invoice is generated upon acceptance of the order and sent to the registered email address, after the initial payment, an invoice is sent approximately 30 days prior to the end of your current billing period. Invoices will be emailed to the Client's registered email address, the registered email address is the address that appears on the Order form and shall be the Clients email address provided by their ISP Internet Service Provider), "Free" email addresses are determined unacceptable. All invoices are available online via the Support Centre where they may be printed, if you require your invoice faxed or posted an additional fee applies.

Payments: May be made by Direct Deposit, Direct Debit or via a Supplier approved 3rd Party Provider to the Supplier Bank Account. Payments made by credit card may be applicable to a processing fee plus a transaction fee as determined by the Supplier. An invoice is deemed to be paid when cleared funds are available for withdrawal from the 3rd Party Provider or are available in the Suppliers Bank account. An account is deemed to be Overdue when it is not paid by the Due Date. Overdue/Late fees are applicable. Overdue accounts are subject to service termination without further notice.

Payment/Subscription: Establishment of this service is dependent upon receipt by the Supplier of payment of stated charges. We require that all Clients use one of selectable payment methods during the Order process including automatically recurring payment subscription through one of our payment processors. Your recurring subscription must remain active at all times for your account to remain activated. Accounts outstanding after the Due Date may have their account placed on Stop Service/Suspended, and Late Fees are applicable. If the Account is made Inactive, placed on Stop Service/Suspended the Client may apply to have their account reactivated/un-suspended by immediate payment of the outstanding amount plus applicable Late and/or Re-Establishment fees by Direct Deposit to the Supplier's Bank Account. Amounts paid will be allocated to Late and Re-Establishment fees first with the balance allocated to invoiced amounts on an oldest first basis. 

Payment: Setup and Installments - eShop Package
The Package amount is calculated as the Setup Fee plus the total of all Installments. Establishment of this service is dependent upon receipt by the Supplier of the Setup Fee. You agree to pay a Setup Fee plus an ongoing monthly Installment for a minimum period of 12 months or if greater the period detailed on the initial invoice created on Signup Date. Payments are required by either Direct Deposit, Direct Debit or Credit Card and may be via an approved 3rd party processor as determined by the Supplier. Payment must be made on or prior to the Due Date of each month, the Due Date being the same day of the month as the initial Installment. Your account details with the 3rd party processor must remain active and current. If an Installment payment fails Your account is deemed to be Overdue and Your account may be immediately suspended and advice issued by email to your registered email address on file with the Supplier. Overdue Fees immediately apply. If the Supplier is not advised within 7 days from the Due Date that the Overdue Installment has been successfully processed, then the Package Amount less Installments paid is immediately due and payable and an Invoice shall be raised by the Supplier and sent to your registered email address.

Overdue Payments: If payment in full is not received within 30 days from the Due Date You further agree to pay the overdue invoice amount plus an Administration fee of $397 plus Collections costs calculated at 25% of the Final Invoice amount plus $50 Collections Setup fee which shall be added to the Invoice and deemed as the Final Invoice plus all reasonable Legal costs associated with the collection of the Final Invoice Amount.

Payment Reseller: If it is a reseller account we may also delete any domains “under” the primary account. Such termination or denial will not relieve a Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. We may allow some users to purchase our services with a one-time payment or subscription that is not automatically recurring. Any such allowance does not forfeit our right to require any such user to activate a recurring subscription at any time. 

Payment Affiliates: Clients may join our Affiliate program via the Support Centre and upon joining are provided with an initial credit to the Affiliate account plus are paid a % for each successful referral/sale, payment is by withdrawal only once the balance reaches the minimum amount of $75.
 
Refunds: We do not offer trial periods or refunds for unused time or pro-rate accounts. If you dispute a charge to your credit card issuer or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of the TOS, you agree to pay us an "Administrative Fee" of $100.

Cancellation General: Cancellation is required to be made in writing by You opening a ticket in the Support Centre, if a recurring subscription You are required to cancel your recurring subscription with the 3rd party payment processor. Our cancellation Policy does not allow us to accept cancellation by any other means. Upon notification that a subscription has been cancelled we may delete the Subscriber’s package from the server and not wait until the end of the billing cycle. We require that a recurring subscription be active at all times and may suspend or terminate the package/account upon notification of  cancellation/termination of the subscription. We will not refund any unused portions of any payment.
Cancellation - Web Hosting Services: Within the first 30 Days of Client Account/Order: Cancellations done within first 30 days from starting the service will be refunded in full less a $50 cancellation fee. The $50 fee is to recover the costs of account establishment and setup of the hosting service. If the cancellation fee exceeds the initial payment made then no fee will be refunded.
After 30 Days: 30 days after the Account/Order is setup on our servers, no refunds are provided.
Domain Names: Domain names are unable to be cancelled after application is made for a new domain name, renewal or transfer and we do not provide a refund.
Cancellation - eShop: Cancellation of the eShop Service may be made at any time provided the Package amount has been paid in full. 
Cancellation of Addons and Upgrades: Once these services have been ordered, they cannot be refunded in part or full.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. The Client is aware that the Supplier may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon the Supplier achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Payment by the Client for the supply of any digital design Service is deemed to be payment for the Service only and does not entitle the Client to any digital design Copyright which may be purchased separately. 

VI) GENERAL OPERATIONS 

Domain Names: In consideration of the Supplier providing web hosting space on it's servers for the purpose of hosting any files related to a Domain Name the Client agrees to initially register and or transfer the registration of the Domain Name to the Supplier's nominated Domain registration service, a Client who requests a Domain Name License and pays the published Rate agrees to host their domain including all files and folders with the Supplier for the period of the License and the Supplier will make application to purchase a Licence for the said Domain with the Supplier being listed as the Administrative, Billing and Technical contacts.
The Client agrees that a per domain administration fee applies to provide and or modify any Domain Name details.

Domain Name Licence and Transfers - New Clients: When the Supplier offers to apply for or transfer a Licence for a client as part of a package then this is a once only FREE offer and the client is required to provide true and correct information in full. To qualify for the Licence, the name must be available and should the application or transfer be rejected by the Domain Name Registrar then the client agrees to pay a reapplication fee to The Supplier.

Domain Name Renewals: Where the Client uses a Domain Name and the Supplier applies for renewal of the Licence the Client agrees to pay an appropriate fee to the Supplier by the Due Date and further to confirm that the Domain Name is renewed and if the Domain Name is not renewed and expires the Client agrees to contact the Supplier by receipted email within 7 days of the expiry date to ensure that the Domain Name renewal application is processed and further the Client agrees that the Supplier shall not be held liable for any loss or damage due to any Domain Name expiry. 
DNS (Domain Name Servers) provided the domain has been ordered via our Order process we will setup the correct DNS to point to our servers however the Client is responsible for any changes to be made to DNS not ordered through the Supplier and should contact their Registrar to arrange any changes.

Add-ons and SSL Certificate: Any add-ons to a Package supplied by a third party may be a breach of our servers security and are therefore deemed to be outside our TOS. An SSL Certificate associated with any domain name hosted by the Supplier must purchased from the Supplier. 

By using our service you agree to the following policy and limitations pertaining to our services. 

Uptime: The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons external to the services provided by the Supplier. Therefore, the Subscriber agrees that the Supplier shall not be liable for any damages arising from such causes. In no event shall the Supplier be liable for any special or consequential damages, loss or injury. The Supplier guarantees server uptime of 99%. Server uptime is defined as the the HTTP process on the server staying in the UP state. If a server has less than 99% uptime per month, a credit may be 
issued to affected customer of the Supplier on an individualized basis according to the duration of downtime. Credits are not given to customers of resellers. Individual or reseller accounts that are suspended for any reason or blocked in the firewall do not qualify for credit.
A Credit may be given in the amounts of 95% - 98% uptime =10% discount, 90 - 94%uptime = 25% discount, 80% - 89% uptime = 50% discount, 0% - 79% uptime = 100% discount and complete details of same must be provided via a Support Centre ticket.

Support Boundaries General: Support is available under the following conditions for all current accounts.
a) The package purchased is not operating as per our specifications
b) The client has a billing issue
c) The client has a sales enquiry - email Sales
d) The client has an enquiry/comment for the attention of Management - email Management
If either a) or b) apply then the following procedure is to be used for Support:
1) Open our Knowledgebase and search for an answer to your question, if the answer is unavailable then proceed to step 2) 
2) Open a Support Ticket and detail the issue
A Fee For Service applies in the following:
1) If the package purchased does not include free cPanel ticket support
2) If a Client opens a Support Ticket and the answer is already available in the Support Centre and the client is advised of same. 
3) If a Client requests our Support to provide a service that can be performed via the Client's individual cPanel available via the Support Centre or eShop Admin Panel.
4) If a Client requires eShop Support after the delivery of the Welcome letter.

We do not offer support for 3rd party applications (e.g. Fantastico) or application specific issues such as cgi programming, html, or any other such issue. We provide a variety of support information and options to our Subscribers. The Supplier is an online business and as such we do not offer free telephone support. Should you telephone our Head Office for Support, fees apply.

Support Boundaries Resellers: We do not provide technical support for your customers, unless an outsourced support subscription has been purchased. 

Issues: Services via the Internet may be unavailable for any number of reasons and we do not tolerate communication that includes abuse and or threats for any reason and clients engaging in this communication which we in our indisputable opinion find offensive may cause the client's account to be suspended and or terminated without notice. 

Internet Protocol (IP) Address Ownership: If we assign a Subscriber an IP address for the Subscriber's use, the right to use that IP address shall belong only to us, and Subscriber shall have no right to use that IP address except as permitted by us in our sole discretion in connection with the services. We shall maintain and control ownership of all IP numbers and addresses that may be assigned to Subscriber by us, and we reserve the right to change or remove any and all such IP numbers and addresses, in our sole and absolute discretion. Our allocation of IP addresses is limited by the policies set forth by ARIN (American Registry for Internet Numbers). These policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the quota for the services ordered by Subscriber on the order form (the "Agreed Usage") and the disk usage  offered for all packages is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account. We may monitor the Subscriber's bandwidth and disk usage. We have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage in our sole discretion. Such corrective action may include the assessment of additional charges, or disconnection or discontinuance of the service. If we take any corrective action under this section, the Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.

Members: You agree that you shall not use any Bonus software mentioned in any of our advertisements for anything other than your own personal use. You may not copy or distribute any of the said software for commercial gain and may not distribute any of the software, modified or unmodified, on a diskette, CD, website or any other medium for use by any other party.

VII) VIOLATION REPORTING 

By using our service you agree to report violations of the TOS to us. Anyone who believes that there is a violation of our TOS should direct such information to us by email immediately. If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation 
E-mail with full header information provides all of the above, as do system log files. 
Other situations will require different methods of providing the above information. We may take any one or more of the following actions in response to complaints: 

Issue written or verbal warnings 
Suspend the Subscriber's newsgroup posting privileges
Suspend the Subscriber's account 
Terminate the Subscriber's account 
Bill the Subscriber for administrative costs and/or reactivation charges 
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations 

VIII) VIOLATION PROCEDURES 

By using our services you understand and agree with the following procedures and policies.
We are under no duty to look at each Subscriber's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

First violation: Any Client, which we determine to have violated any element of the TOS, shall receive an email, warning them of the violation. The service may be subject at our discretion to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.

Second Violation: Any Client that we determine to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation: We reserve the right to suspend network access to any Client if in the judgment of the network Administrator(s) Your account is the source or target of the violation of the TOS or for any other reason which we choose. If inappropriate activity is detected, all accounts of the Client in question may be deactivated until an investigation is completed. Prior notification to the Client is not assured. In extreme cases, law enforcement will be contacted regarding the activity.


IX) MISCELLANEOUS PROVISIONS 

Indemnification: In agreeing to the TOS, You indemnify us for any violation of the TOS that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are sued because of You or Your Clients activity, You will pay any damages awarded against us, plus all costs and legal fees. 

Contact Information: You must provide us with, and keep current, good contact information for yourself including an ISP supplied eMail address and telephone number. If we fail to communicate any information to you due to a non-current, inoperative, or incorrect email address you are still responsible and accountable for any such information we attempted to communicate.

Waiver: A waiver by the Supplier of any breach of any provision of the TOS by You shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. 

Assignment: You shall not transfer or assign the TOS without the prior written consent of the Supplier. The Supplier may assign the TOS at anytime without consent from or notice to Subscriber. The Supplier reserves the right to cancel Your rights under this contract at any time without further obligation.

3rd Party Disclaimer: We take no responsibility for any material input by others and not posted to our website by us. We are not responsible for the content of any other websites linked to us; links are provided as Internet navigation tools only. We disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Disclaimer of warranties: We are not responsible for any damages You or Your business may suffer. We do not make implied or written warranties for any of our services. We deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us.

3rd Party Software and Services: We may provide you access to third party software and/or services ("Third Party Products ") through reseller relationships we have established with certain commercial vendors. The Subscriber understands that product support for Third Party Products is not provided by us, it is by the Third Party Vendor, unless otherwise specified in writing. Neither us nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Subscriber expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from us or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither us nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any 
third party product. Subscriber agrees to observe the terms of any license and/or applicable end-user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and us with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Subscriber agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Third Party Products or that appear during the use of Third Party Products. Subscriber 
further agrees not to reverse engineer, decompile, or disassemble the Third Party Products.

Applicable Law: The law of Queensland governs this agreement.
The parties submit to the exclusive jurisdiction of the courts of Queensland or any competent Federal court exercising jurisdiction in Queensland. The dispute must be determined in accordance with the law and practice applicable in the court.

Disputes: 
(1) If a dispute arises in relation to these Terms of Service or otherwise in relation to services or products you purchase through SupplyLink, a party to the dispute must give to the other party or parties to the dispute notice specifying the dispute and requiring its resolution under this clause Notice of Dispute.
(2) On receipt of a Notice of Dispute each party must negotiate in good faith to resolve the Dispute within 14 days. If the Dispute is not resolved within 14 days then the dispute is by this clause submitted to the Magistrates court.
(3) The Court hearing must be conducted in Beenleigh, Queensland, Australia. 
(4)  Each party must pay its own costs for the hearing and if judgement is awarded with costs the other party agrees to pay all costs.
(5) This clause applies even when the Terms of Service are otherwise void or voidable.

Revisions to the TOS: We reserve the right to revise, amend, or modify the TOS at any time and in any manner. In such case the amended or revised TOS will be posted to our website. Subscriber understands that changes to the TOS shall not be grounds for early contract termination or non-payment. 

Location and Severability: The TOS shall be construed in all respects in accordance with the laws of the State of Queensland Australia. If any part of the TOS is found to be invalid or unenforceable by law, the remainder of the TOS will remain enforceable and in full effect.

Legal: By your accessing this web site you agree and understand that:
Information provided is provided "as is and where is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and freedom from infringement. Should you use or rely upon such information for your own purposes you do so at your own risk and no liability rests with the Supplier.
Given the ever changing nature of the Internet & Computer Industry no guarantee is given as to the accuracy of any information presented, particularly after the date of publication.

All trademarks acknowledged.