Portability Shared Hosting Terms & Conditions

These are the "rules" for Portability shared hosting accounts. In order to make sure our systems run smoothly, we have to set and enforce rules. These rules are here to protect our customers!

What is this?

The "Terms & Conditions" are the rules and regulations that specify the required guidelines for using our shared hosting services. All use of our shared hosting services is subject to these terms & conditions. Please read them carefully and ensure that you understand and agree to all parts. Use of Portability's services implies agreement with these terms & conditions!

Questions?

Any questions regarding this agreement should be sent to Portability's sales department prior to signing up for service.

Shared Hosting Terms of Service

Portability provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Portability services.

End User Agreement

Customers may not sublease, sub host, or give away control of any portion of their Portability space and/or resources (indulging, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated on our website.

Content

All services provided by Portability may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Portability from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Portability server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Portability servers or any other server on the internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links:

Portability will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

Copyright Violations

Portability will respond to all reports of infringement that are formatted in accordance with applicable copyright laws.

System Resource Usage

If Portability's system administration team determines that a customer's account is utilising an unacceptable amount of system resources, Portability may temporarily deactivate the account in question. If Portability's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.

Portability will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analysed individually.

Domain Parking Circumvention

Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option. Clients are free to use any and all of the three chat systems that come pre-installed on all accounts.

Background Running Programs (bots/daemons/monitors)

Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.

Backups

Portability's hosting accounts include a nightly backup service, however these backups are for Portability's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Portability does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Portability's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Support Abuse

At Portability, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service.

Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.

Cron Jobs

We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of CPanel.

IRC (Internet Relay Chat)

We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.

Shell Access

Shell access is provided on an as-needed basis. It does not come enabled on accounts by default. A request for this feature must be sent to technical support before it can be used. The request must include a domain name, username and explanation of why shell access is required. We reserve the right to refuse this service to any customer for any reason.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a Portability server or using a return email address that is maintained on a Portability server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Portability's network also constitutes as a violation of this provision. Portability will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

Server Abuse

Any attempts to undermine or cause harm to a Portability server or customer of Portability is strictly prohibited. Portability will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. Portability will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Portability's discretion). Any accounts and/or servers contained within Portability's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Portability reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Cancellation and Refunds

Customers may cancel at any time. Portablity gives you an unconditional 30 day money back guarantee on our shared hosting service. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Refund requests after 30 days will be refunded on a pro rata basis for any payments made in excess of the next calendar month from the date of signup.

Indemnification

The customer agrees that it shall defend, indemnify, save and hold Portability harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Portability, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Portability against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Portability; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Portability's server.

Disclaimer

Portability will not be responsible for any damages your business may suffer. Portability makes no warranties of any kind, expressed or implied for services we provide. Portability disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Portability and its employees.

Changes to the Terms and Conditions

Portability reserves the right to revise its policies at any time without notice.