what is unwired?

These Hosting Terms apply to your use of our web hosting, and other related services offered on our hosting site http://www.unwired.com.au/unwired/additional/hosting.php (the Hosting Services). These Hosting Terms apply in addition to our standard Terms and Conditions, located at http://www.unwired.com.au/terms/terms.php. When using the Hosting Services you need to comply with both our standard Terms and Conditions (and for the purposes of the standard Terms and Conditions, the Hosting Services will be considered a 'Service') and these supplementary Hosting Terms. If anything in these Hosting Terms conflicts with the standard Terms and Conditions, these Hosting Terms will prevail in relation to Hosting Services.

Your use of the Hosting Services indicates your acceptance of these terms, and has the same force and effect as if you had actually signed these terms.

In these terms:

• 'you' and 'your' means the customer (you!), who activates an account for the Hosting Services with us;
• 'we', 'our' and 'us' means Unwired Australia Pty Limited;
• 'Hosting Services' means the web hosting and associated services we have agreed to provide to you under the plan you have chosen;
• 'Mission Control' means the Unwired website that you may use in order to configure various features of your web site or email service; and
• 'Supplier' means a supplier who may provide us with the system platform that supports the Hosting Services.

The Hosting Services are provided to you from data centres deployed by Unwired around Australia. The quality of your Hosting Services will not be affected by the location of the data centre.

We will assign you a logon name ("VS number") and password in order to access Mission Control. You will then be provided with the Web and Email Services applicable to the hosting level or product(s) you select in the Mission Control panel.

We will regularly archive (daily) your data onto backup mechanisms for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will endeavour to restore your data from the last known good archive. If you would like to take advantage of our data backups, you need to make sure that your data files are accessible to us at the time this backup is carried out (i.e. your files aren't locked or in use during this time) and you agree that where this is not the case, your data will not be backed up.

In the unlikely event of corruption of all of our archives, or if an old archive is used to restore data, you may need to upload your data to your web site. So that you may do this, we strongly suggest you maintain a recent copy of your data at your premises at all times. We aren't liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from our backups.

We use, and you agree that we may use, spam and virus filters (which may use third party equipment or services) to monitor and filter email traffic between our hosting equipment and the Internet. You agree that we are not liable for any loss or damage that may result from the use of these spam or virus filters.

We need to perform scheduled maintenance on our web hosting servers from time to time. We always attempt to perform scheduled maintenance at times which will affect the least number of our customers. If our scheduled maintenance requires the Hosting Services to be offline for more than 30 minutes, we will attempt to give you prior warning by posting details via Mission Control.

It may sometimes be necessary for us to carry out unscheduled maintenance in order to fix an urgent problem. If we need to carry out any unscheduled maintenance that results in the Service being offline for more than 30 minutes, we will post details via Mission Control as soon as is reasonably possible after we have carried out that maintenance.

1. You may be entitled to receive certain warranties from us in relation to the Hosting Services under federal, state or territory legislation, including the Trade Practices Act 1974. Nothing in these Hosting Terms is intended to limit any non-excludable warranties or remedies you may be entitled to under federal, state or territory legislation.
2. Except as expressly set out in these Hosting Terms, including paragraph (a) above, all express or implied warranties, representations, statements, terms and conditions relating to these Hosting Terms or their subject matter are excluded. In particular, we can't warrant that:
   (i) the Hosting Services will be uninterrupted or effort free;
   (ii) the Hosting Services will meet your requirements (other than as expressly set out in these Hosting Terms); or
   (iii) the Hosting Service will be free from external intruders (e.g. hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Hosting Services or the Systems of Unwired or its Supplier.
   
3. If any non-excludable condition or warranty is implied into these Hosting Terms under any federal, state or territory legislation, including the Trade Practices Act 1974, if we are able to limit your remedy for breach of such a condition or warranty, then our liability for breach of that condition or warranty will be limited to one or more of the following, at our option:
   (i) in respect of goods: the replacement of the goods, the supply of equivalent goods or the payment of the cost of replacing the goods or acquiring equivalent goods; and
   (ii) in respect of services: the resupply of the services or the payment of the cost of the resupply of the services.
   

   All other liability for loss or damage of any kind, whether that damage is incurred under contract, in tort (including negligence), under any statute or otherwise arising from or relating in any way to these Hosting Services, is limited in aggregate (the total amount for which we will be liable) for any and all claims, to the hosting fees payable by you in the previous month.

4. Except as we have expressly set out in these Terms, we exclude our liability for indirect and consequential loss or damage of any kind. This may include, but isn't limited to, loss or corruption of your data, your loss of revenue or profits or your failure to realise expected profits or savings. We limit our liability in this way, whether liability is incurred under a contract, in tort (including negligence), under any statute or otherwise arising from or relating in any way to these Hosting Terms and/or their subject matter.
5. You agree that, to the extent permitted by law, we have no liability to you arising out of the consequences of unauthorised attacks on or other breaches of security of the Hosting Services, or the data you place on the Hosting Services.

These Hosting Terms are between you and us, and you agree that the Supplier is not a party to these Hosting Terms. For this reason, any claim you believe you may have in relation to our supply of the Hosting Services must be against us, and not the Supplier. To the extent permitted by law, you agree that the Supplier has no liability to you (in contract, tort (including negligence) or otherwise) in relation to supply of the Hosting Services, or any delay or failure to supply the Hosting Services, and you agree not to sue or make any claim against the Supplier in relation to the provision of the Hosting Services. If the supplier is liable to you under any non-excludable warranty, to the extent permitted by law the Supplier limits its liability to you in the manner set out in paragraph 9.1 above.

1. You warrant that:
   (i) you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from our hosting server does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
   (ii) you will keep secure any passwords used with the Service;
   (iii) you hold and will continue to hold the copyright in the data you upload, or you are licensed and will continue to be licensed to use the data you upload. You are solely responsible for dealing with anyone who access your uploaded data;
   (iv) you will comply with all relevant directions and orders issued by the Australian Broadcasting Authority, Australian Communications Authority or the Australian Competition and Consumer Commission from time to time;
   (v) you will comply with all other laws and regulations, including (but not limited to) the Telecommunications Act 1997, the Privacy Act 1988, the Broadcasting Services Act 1992 and the Trade Practices Act 1974;
   (vi) you will comply with the Internet Industry Codes of Conduct and Practice; and
   (vii) you will comply with all applicable laws, regulations, standards and codes relating to privacy.
   
2. You agree to indemnify and defend us for all costs; expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
   (i) your breach of these terms;
   (ii) your use or misuse of the Hosting Service;
   (iii) the use or misuse of the Hosting Service by any person using your account; and
   (iv) publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your service.
3. Your liability for loss or damage of any kind, whether that damage is incurred under contract, in tort (including negligence), under any statute or otherwise arising from or relating in any way to these Hosting Services, is limited in aggregate (the total amount for which you will be liable) for any and all claims, to the hosting fees payable by you in the previous month.

Our charges are set out on our website (and are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities). By giving you reasonable prior notice, we may update these charges from time to time, subject to any fixed pricing commitments that we provide to you. After this period of notice, your use of the Hosting Services indicates your acceptance of any new or amended charges.

If your Hosting Services are not subject to a fixed pricing commitment, and you do not wish continue receiving the Hosting Services after the price change, you may terminate your Hosting Services in the manner described in section 12 below. If you do not elect to cancel your Hosting Services you must pay all Hosting Services charges, traffic and/or storage charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option you select. Hosting Services charges will appear on your monthly Unwired invoice. All monthly web hosting plan charges are payable a month in advance, all additional charges are payable a month in arrears. Payment terms are the same as per the Standard Terms and Conditions.

If you decide to cancel your Hosting Services you will cease receiving those services from the date of notification. If we receive notice of your cancellation before we process your next Unwired invoice, you will not be charged for the next month of Hosting Services. If we receive notice of your cancellation after processing that invoice, the charges will still appear in that invoice and we will subsequently provide you with a credit for the same amount in the following invoice. If you wish to cancel your Hosting Services, this must be done online via the Cancellation request at http://www.unwired.com.au/unwired/additional/hosting.php.

1. It may be necessary for us, from time to time, to suspend, disconnect or deny your access to the Hosting Services without notice. This may happen if:
   (i) there is a serious technical failure, or modification or maintenance involved with the Hosting Service, provided that we will use reasonable endeavours to procure the resumption of the Hosting Services as soon as reasonably practicable; or
   (ii) you breach any provision in these Hosting Terms (including failure to pay charges due), or do, or allow to be done, anything which, in our reasonable opinion, may have the effect of jeopardising the operation of the Hosting Service ("Interference"), until the breach or Interference (if capable of remedy) is remedied.
2. Except where there is an extended period of suspension due to a technical failure, modification or maintenance, you will still be liable for all charges due throughout the period of suspension.
3. If possible, we will use reasonable efforts to notify you prior to any period of suspension or if we disconnect your Hosting Services. If we are unable to do this, we will use our reasonable efforts to advise you by telephone or other means after we have suspended or disconnected your Hosting Services. If your account has been suspended or terminated due to your breach of these Hosting Terms, reactivation of your account will be at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.

14.1 We may, without notice to you, remove all or part of your data upon being made aware of:
(a) any claim or allegation; or
(b) any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.

14.2 You acknowledge that we have no obligation to monitor the content of your data, and are not liable for such content.

14.3 We may, acting reasonably, remove any of your data from the Hosting Services if, by reason of the content on that site or domain, or activity through it:
(a) an outside party or outside device disrupts or attempts to disrupt the Hosting Services; or
(b) our IP addresses are under the threat of being placed on a spam blacklist or other similar blacklist.

We may vary these Hosting Terms or any information contained on our website at any time. If a variation is substantially to your detriment, we will make reasonable efforts to notify you of the change (usually by posting a notice on Mission Control, or emailing your nominated account) and we will allow you the option of terminating the Hosting Services without penalty.

Please note that terms relating to the amendment of pricing are covered under section 11 (Charges).

You agree to grant us a licence to use and reproduce all your data in order to fulfil our obligations under these Terms. This data may include all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of your web sites or emails.

If you request Unwired to register a domain name on your behalf, these additional terms will apply.

1 If you have requested us to register a .com, .net, .org, .biz, or .info domain name (TLDs or Top Level Domains) on your behalf, you agree that you have read and accepted the TLD Policy applicable to .com, .net, .org, .biz and .info domain names issued by the registrar MelbourneIT Limited located at http://www.melbourneit.com.au/policies/gtldtermcond.php3.

2 You agree that in the event of a dispute about a TLD, you will submit to and are bound by the Uniform Domain Name Dispute Resolution Policy (UDNDRP) located at http://www.melbourneit.com.au/policies/gtlddispute.php3 and the Rules for UDNDRP located at http://www.melbourneit.com.au/policies/gtldrules.php3.

3 If you have requested us to register a .com.au, .id.au, .net.au or .org.au domain name (2LDs or Second Level Domains) on your behalf, you agree that you have read and accepted the published policies applicable to 2LDs issued by the registrar MelbourneIT located at http://www.melbourneit.com.au/policies/aupolicy.php.

4 You agree that in the event of a dispute in registering a 2LD or about a 2LD after registration you will submit to and are bound by the .au Dispute Resolution Policy (auDRP) and any variations to it from time to time bind Unwired. The auDRP can be viewed at http://www.auda.org.au/policy/.

5 In registering or renewing a domain on your behalf, we are acting as a reseller of the registrar, MelbourneIT.

6 You agree that by maintaining the registration of a domain name after changes or modifications to the applicable policies become effective, you are confirming your continued acceptance of these changes and modifications.

7 You agree that you must pay for any registration or delegation charges in advance at the Unwired Domain name list price. You understand that you cannot register a domain name without paying for it in advance. We are not obliged to provide you with information or assistance in respect of the domain name until we have received payment of our domain name charges.

8 We make no representation and give no warranty about your chosen domain name being available for registration or use by you.

9 You expressly authorise and direct us to:
(a) be nominated as authorised billing contact for your domain name with the domain name registrar; and
(b) renew your domain name registration upon receipt of renewal notification from the domain name registrar and invoice you for the relevant charge in accordance with Unwired's list price from time to time.

10 In respect of 2LDs, you acknowledge that we are not liable for any loss or damage resulting from non-renewal of your domain name if you have failed to provide the appropriate warranty in respect of your continued eligibility to hold the domain name.

11 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of these Domain Name Terms, or our negligent act or omission.

About these supplementary terms

These supplementary terms apply to your use of our web hosting and other related services. These terms apply in addition to Unwired's standard Acceptable Use Policy (AUP), located at http://www.unwired.com.au/terms/aup.php. When using our web hosting services, you must comply with both the AUP and these supplementary terms. You should also be aware that you may need to comply with the conditions of use of other networks if you gain access to those networks outside our Services.

Changes to these supplementary terms

We may need to amend these supplementary terms from time to time, in which case we will make reasonable efforts to notify you of any changes (for example, by posting a notice on our website or sending you an email).

Things you mustn't do in relation to our web hosting services

In addition to the prohibited uses outlined in our AUP, when using our web hosting services you must not:

1. do anything that causes or may cause third party service providers to place Unwired's internet protocol (IP) addresses on a blacklist and/or block those IP addresses;
2. send any electronic chain letters;
3. distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists; or
4. post or transmit any content that is illegal, detrimental to the Unwired network, our Services or any of our customers.

In addition, if you use our Services in any way that we reasonably determine is illegal, detrimental to the Unwired network, our Services or any of our customers, or if we are directed to do so by the Australian Broadcasting Authority under a takedown notice in accordance obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended), we may suspend or terminate your access without notice or remove any information, material, software, or other content stored on our system in our sole discretion. This may include material that is (or would be) RC, R or X rated. We may also provide information to any relevant authorities. If we do any of these things we will notify you as soon as reasonably practicable.

What happens if there is a complaint regarding content on a website hosted by us?

From time to time, Unwired receives complaints from third parties regarding unacceptable uses, allegedly being conducted by subscribers to or users of our web hosting services. We will make reasonable endeavours to resolve such complaints by working with the particular subscriber who is the subject of the complaint (the Subscriber). Our complaints process set out here does not apply to complaints that are the subject of a court order or proceedings or where we reasonably believe that we must take urgent action without reference to the Subscriber.

If we are unable to resolve the complaint by working with the particular subscriber, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, as a condition of using our web hosting services, you authorise us to provide your email contact details to third party complainants in the event that a complaint is made regarding the content you post on a website using our web hosting services.

You have a right to complain to the Australian Broadcasting Authority if you become aware that a web site hosted by us contains content that is prohibited, or could potentially be prohibited. For further details about making a formal complaint to the Australian Broadcasting Authority, please visit http://www.aba.gov.au.