Terms of Service

Professional Web Solutions (“we”, “us”) provides hosting and email, domain registration and website design and programming products and services together with such other services as are agreed between us and the customer (“the Services”). The terms and services outlined below are intended to be read in conjunction with our Acceptable Use Policy, Billing Policy and Privacy Policy. By using any Professional Web Solutions’ products are services, you are agreeing to the terms and conditions laid out herein including those contained within external links to related documentation.

By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all Professional Web Solutions accounts. They set out the basis on which we offer our services and should be read carefully.

Professional Web Solutions reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.

Services

Professional Web Solutions will use reasonable efforts to supply a continuous service. However, Professional Web Solutions is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. Professional Web Solutions is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.

You agree that Professional Web Solutions is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. Professional Web Solutions is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of the law.

Professional Web Solutions’ customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.

From time to time Professional Web Solutions or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. Professional Web Solutions will give as much notice as possible and shall try to keep this work to the period specified in the notice. Professional Web Solutions accepts no liability whatsoever arising from such a suspension of the service.

Domains

You agree and understand that we are not the domain registrar therefore we do not have our own nominet tags or NIC tags.

We register domains through a partner company. We do not place your details on the whois output of the domain due to legal reasons however if you commit any sort of illegal activity we reserve full right to provide the appropriate personnel with your details. If you wish to have your details displayed upon the whois output please contact us and we will be glad to assist you.

Server, Resource and Staff Abuse

You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients’ accounts.

If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.

If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.

Denial of Service (DOS) attacks directed at Professional Web Solutions, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.

Professional Web Solutions reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers’ overall health and performance.

If you are in any way disrespectful towards any member of the Professional Web Solutions staff we have full right to terminate your account with us without any refund.

Back-ups

Professional Web Solutions will use reasonable efforts to protect and backup data for clients on a regular basis, however, Professional Web Solutions does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of the Services.

You agree and understand that any back-up which Professional Web Solutions may carry out will not include any media files. These include (but are not limited to) mp3, mpeg, wmv or any other video/audio files.

Account Security

You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.

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 strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.

Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.

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 authorised 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.

You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

You agree and understand that users who violate systems or network security may incur criminal or civil liability. Professional Web Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services

JailShell Access – We can provide ssh access on Linux shared hosting packages but for security reason the access is restricted to specific IP’s only. In order to avail the services you must have a local network connection with static ip address or else every time you will have to contact our support team to white list your current IP address.

Termination

We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 7 days written notice to you.

We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to Professional Web Solutions within 7 working days.

Disclaimer of liabilities

Professional Web Solutions disclaims all liabilities in connection with the following :

(a)loss of material uploaded;

(b)incompatibility of the Services with any of the Customer’s equipment, software or telecommunications links;

(c)technical problems including errors or interruptions of the Services;

(d)unsuitability, unreliability or inaccuracy of the Services;

(e)computer viruses of any kind obtained by the Customer in the course of using the Services;

(f)any security breaches whatsoever affecting the Customer’s Account.

In no event shall Professional Web Solutions be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.

Nothing in this Clause 20 excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.

Subject to Clause 20.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.

We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

Professional Web Solutions will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

The Customer agrees that it shall defend, indemnify, save and hold Professional Web Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Professional Web Solutions, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.

Our Complaints team will be more than happy to investigate any potential breech of this policy and rectify it as required. You can register concern with our complaints department using any of the means identified below, or by submitting a ticket to the complaints department via our support system in your client area.

E-Mail(Preferred)

help@professionalwebsolutions.com.au

TraditionalMail

Professional Web Solutions
Complaints Department
1 Parkville Boulevard
BALDIVIS   WA   6171