Our Terms & Conditions
Terms & Conditions
THE GEEK TEAM ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy (“AUP”) agreement between THE GEEK TEAM (“GT”) and the personal or corporate account holder (“YOU/YOUR/Customer”). THE GEEK TEAM provides Web Hosting, Email Marketing, and Web Development. THE GEEK TEAM has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. THE GEEK TEAM general policy is to act as a provider of Internet presence. THE GEEK TEAM reserves the rights to suspend or cancel a customer’s access to any or all services provided by THE GEEK TEAM when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of THE GEEK TEAM is strictly prohibited. THE GEEK TEAM will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to THE GEEK TEAM, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – THE GEEK TEAM has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers.
Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by THE GEEK TEAM to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE
THE GEEK TEAM will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on THE GEEK TEAM servers. Websites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of THE GEEK TEAM Management (“MANAGEMENT”), with or without prior notice. If YOU do not qualify for a free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (“PLAN”). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. THE GEEK TEAM will be the sole arbiter as to what constitutes a violation of this provision.
The intention of THE GEEK TEAM is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not qualify for a free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. THE GEEK TEAM will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation. THE GEEK TEAM takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving an e-mail, YOU must not send that person any further messages. NOTE – If YOU use the services of another provider to promote a website hosted by or through THE GEEK TEAM (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
TECHNICAL SUPPORT BOUNDARIES
THE GEEK TEAM provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is THE GEEK TEAM neither obligated to help YOU in the installations of new application modules, templates and/or programming languages nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any applications that are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however, we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with THE GEEK TEAM. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web-based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
We recommend you backup your website files and databases on a regular basis. The backups we take are for disaster recovery purposes i.e for server restoration purposes only. Individual web hosting accounts will not be backed up for the purposes of data restoration. YOU are advised to have YOUR own backup locally or elsewhere other than within THE GEEK TEAM’s servers.
THE GEEK TEAM assumes no responsibility for failed backups, lost data, or data integrity.
EMAIL SERVER ABUSE
If YOU violate THE GEEK TEAM policies persistently in email activities, YOUR account will be suspended and deleted.
BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can, however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. THE GEEK TEAM reserves the right to change prices at any time unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify THE GEEK TEAM to request for termination of services. All payment is in AUD currency. THE GEEK TEAM will bill each client $30 per returned cheque and per credit card chargeback received. All THE GEEK TEAM accounts are set up on anniversary billing cycles. YOUR particular billing cycle corresponds to the plan length that was initially chosen at setup. YOUR account will automatically be renewed at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. Please contact Customer Care via an eTicket in your Client Area should you wish to change your billing cycle.
CANCELLATION OF SERVICE
THE GEEK TEAM reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by THE GEEK TEAM if we institute our right of cancelation. Any violation of policies which results in extra costs will be billed to YOU (i.e. transfer, space, etc.). All of THE GEEK TEAM’s PLANS are backed by a 30-day money-back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR plan contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees, and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if THE GEEK TEAM is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to the card used by the Customer after the 30th day. All account cancelations must be done via eTicket at YOUR hosting account Client Area. Phone or email requests will not constitute acceptance of any cancellation.
PROMOTIONAL RATES & SPECIAL OFFERS
THE GEEK TEAM may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions, which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through THE GEEK TEAM’s services may be subject to protection under copyright laws, or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use THE GEEK TEAM or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through THE GEEK TEAM network. If YOU use a domain name in connection with THE GEEK TEAM or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use THE GEEK TEAM network with an 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 a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crashes a host or network. THE GEEK TEAM will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly (i) grant to THE GEEK TEAM a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by THE GEEK TEAM under this Agreement and (ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP ADDRESS OWNERSHIP
THE GEEK TEAM shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by THE GEEK TEAM. THE GEEK TEAM reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION, TRANSFER OR RENEWAL
YOU agree to pay THE GEEK TEAM prior to the effectiveness of the desired domain name registration, the then-current amount set forth in THE GEEK TEAM price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. THE GEEK TEAM reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from THE GEEK TEAM to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by THE GEEK TEAM) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to THE GEEK TEAM as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. THE GEEK TEAM will reinstate YOUR domain name registration solely at THE GEEK TEAM discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer of domain to THE GEEK TEAM
YOU agree to pay THE GEEK TEAM prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in THE GEEK TEAM price schedule for the initial transfer request of the domain name.
YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
THE GEEK TEAM reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from THE GEEK TEAM to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by THE GEEK TEAM) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledges that the domain name registration shall be transferred to THE GEEK TEAM as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. THE GEEK TEAM will reinstate YOUR domain name registration solely at THE GEEK TEAM discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer of domain away from THE GEEK TEAM
THE GEEK TEAM reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and THE GEEK TEAM will not be held liable for the failure of a domain name transfer for any reason.
THE GEEK TEAM does not ship any product or service at any stage.
THE GEEK TEAM reserves the right to refuse service to anyone. YOU may only use THE GEEK TEAM server for lawful purposes and 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 Australia, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of THE GEEK TEAM management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that THE GEEK TEAM may disclose any and all YOUR 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.
Regardless of the place of accepting this agreement, YOU agree that for purposes of venue this contract is entered in Victoria, Australia, and any dispute will be litigated or arbitrated in Victoria, Australia. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Victorian courts. IN NO EVENT SHALL THE GEEK TEAM’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD THE GEEK TEAM HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, AND CLAIMS, INCLUDING REASONABLE LAWYER’S FEES ASSERTED AGAINST THE GEEK TEAM, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE GEEK TEAM AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH THE GEEK TEAM’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM THE GEEK TEAM’S SERVER.
THE GEEK TEAM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. THE GEEK TEAM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. THE GEEK TEAM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED THE GEEK TEAM AND ITS EMPLOYEES. THE GEEK TEAM RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF THE GEEK TEAM MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.
THE GEEK TEAM follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
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