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Stick em Up Hosting Terms and Conditions.

Stick em Up Hosting reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Stick em Up Hosting strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Stick em Up Hosting customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement -
Full payment is required before any hosting service is rendered, which includes renewals. Accounts are billed in advance on an annual basis. Billing will continue until you cancel your hosting account. You may cancel at anytime. We will give clients a prorated refund when they cancel and delete their files from our server.

This only applies to cancellation by the client. If cancellation is done by Stick em Up Hosting due to restrictions violation, there will be no refund. Stick em Up Hosting will only allow for the discount if cancellation is not the fault of the client, as determined by Stick em Up Hosting. All monetary transactions are in Australian dollars. Additional features, upgrades and downgrades can be added at any time. Stick em Up Hosting reserves the right to change prices at anytime, you will of course receive 30 days notice.

Account Cancellation -
You may cancel at anytime. To cancel your account, please email: accounts@gostickemup.com

Indemnification Policy -
You agree to use all Stick em Up Hosting services and facilities at your own risk. Stick em Up Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Stick em Up Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Stick em Up Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Stick em Up Hosting, 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 customer, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Stick em Up Hosting against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with the Stick em Up Hosting server;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from the Stick em Up Hosting server.

Stick em Up Hosting shall be the sole judge of what violates this Policy.

Server abuse policy -
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

No mass email marketing or free email businesses allowed!!
We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

SPAM Policy -
Stick em Up Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Stick em Up Hosting network, by customers or any other users of the Stick em Up Hosting network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Stick em Up Hosting server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Stick em Up Hosting email address or web site URL is prohibited. The use of Stick em Up Hosting servers as a mail drop for responses to activities described above is also prohibited.

If your account is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses. If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@gostickemup.com

Content Policy -
All services provided by Stick em Up Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or City law is prohibited. Also any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Stick em Up Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Stick em Up Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Stick em Up Hosting 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 Stick em Up Hosting servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links -
- Pirated software.
- Hacker programs or archives.
- Warez sites.
- Online gambling.

Stick em Up Hosting does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

Stick em Up Hosting will be the sole arbiter as to what constitutes a violation of this provision.

SSH Policy -
Stick em Up Hosting enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.

CGI Scripts Policy -
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script's list] however we reserve the right to disable any CGI script that affects normal server operation or service to other Stick em Up Hosting customers. You will be notified in 24 hours about offending cgi script.

Stick em Up Hosting is not responsible for scripts that you use in your account. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Stick em Up Hosting provides technical support for the Server & Server related softwares. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Stick em Up Hosting, refer to the script creators web site, help files and forums for help and support.

Traffic Policy -
Stick em Up Hosting allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Stick em Up Hosting customers are discouraged from storing any files that cause excessive traffic on Stick em Up Hosting server. Please contact Stick em Up Hosting for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Stick em Up Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Backups -
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.

The "Backup Manager" is included in each hosting plan and you can use this tool to back your files. If loss of data occurs due to an error of Stick em Up Hosting, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Stick em Up Hosting will attempt to recover the data from the most recent archive for a $75.00 fee.

Support Policy -
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the Stick em Up Hosting support staff to teach you how to use aspects of the tools at your disposal.

Stick em Up Hosting reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions.

 

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