Terms of Service
You must agree to our web hosting terms of service before you become a member.
All services provided by NICHOLAS BURGE ("NICHOLAS BURGE") 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. This includes, but is not limited to: copyrighted material, material I judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless NICHOLAS BURGE from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to NICHOLAS BURGE servers, or any other server on the Internet. Links to such materials are also prohibited.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, NICHOLAS BURGE WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Payments and Fees
Service will be interrupted on accounts for non-payment . Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of NICHOLAS BURGE. Accounts not paid by due date may be subject to a late fee at the sole discretion of NICHOLAS BURGE.
Any attempt to undermine or cause harm to a server or member of NICHOLAS BURGE is strictly prohibited. As our member you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
I reserve the right to refuse, cancel or suspend service, at our sole discretion.
By the account activation date of each month, NICHOLAS BURGE shall either:
(1) debit the member's credit card (when such information has been provided by the member); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the member, payment shall be remitted to NICHOLAS BURGE by no later than the specified payment due date. NICHOLAS BURGE shall be entitled to immediately terminate this agreement for member's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the member's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, I will send an e-mail notification, at which point I will need to be provided with another credit card account number within 24 hours. If I do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by NICHOLAS BURGE to member, which must be paid by member in order to have use of said services. If member terminates this agreement, member shall be responsible for any and all outstanding fees owed to NICHOLAS BURGE and agrees to pay any and all fees incurred by member. Because the services are provided on a monthly basis, the member will be responsible for service fees incurred each month, regardless of when member provides notice of termination. Thus, for example, if the member provides notice of termination on the 15th day of a particular month, the member will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Failure to Pay
NICHOLAS BURGE may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Limitation of Liability
NICHOLAS BURGE shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from NICHOLAS BURGE servers going off-line or being unavailable for any reason whatsoever. Furthermore, NICHOLAS BURGE shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of NICHOLAS BURGE servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to email@example.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
NICHOLAS BURGE cannot be held liable for system down time, crashes or data loss. I cannot be held liable for any predicated estimate of profits which a member would have gained if their site was functioning. Certain services provided by NICHOLAS BURGE are resold. Thus, certain equipment, routing, software and programming used by NICHOLAS BURGE are not directly owned or written by NICHOLAS BURGE. Moreover, NICHOLAS BURGE holds no responsibility for the use of our member's accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. I reserve the right to remove any account, without advance notice for any reason without restitution, as NICHOLAS BURGE sees fit.
By activating your account with NICHOLAS BURGE, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. I will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Service Uptime Guarantee
NICHOLAS BURGE guarantees 99.9% service (http, https ftp, pop, imap, smtp) uptime on all web hosting plans. Should I fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
|99.9 - 100%||0 to 43.2 minutes||0%|
|98 - 99.8||43.2 mins to 14 hrs 24 mins||10%|
|94 - 97.9||14 hrs 24 mins to 36 hrs||20%|
|90 - 94.9||36 hrs to 72 hrs||50%|
|89% or below||more than 72 hrs||100%|
If the uptime guarantee of a web site is less than 99.9%, NICHOLAS BURGE will issue credit to the hosting member in accordance with the above "Service Uptime Guarantee" credit schedule, with the credit being calculated on the basis of the monthly service charge for the affected service.
Scheduled Maintanence - Our systems will require periodic maintainence and upgrades that may or may not result in services being unavailable for certain periods. This is part of our continuing commitment to providing our members with the highest quality services available.
This Service Uptime Gurantee does not cover Service Downtime caused by problems related to (i) a customer's local area network; (b) customer-provided Internet connectivity or end-user software; or (c) anything inside customer's internal network, including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.
System Resource Usage
In order to ensure speed, relaiblity & server performance over any given time all hosting services are subject to certain resource limitations concerning, but not limited to, server CPU usage, memory usage, database usage, e-mail usage etc. If a hosting account exceeds the allowed amount of system resources, the account owner will be immediately notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner, the account will be suspended. When an excessive CPU usage is detected the account owner may be also suggested to place an order for a CPU upgrade or a service allowing for higher resources. You may refer to the following table below at any given time to determine if your account exceeds the resource limits allocated:
Processor & Memory (CPU/MEMORY) Restrictions
Memory for any given processor 512 MB.
Excess of 15 seconds.
Number of open files should not exceed 64.
Number of simultaneous processes should not exceed 25.
Database (MySQL) Restrictions
30 concurrent MySQL connections.
Queries should not exceed 10,000 per hour.
Email (POP3/IMAP/SMTP) Resitrctions
Files in excess of 15 MB should not be sent via email.
POP3 connections are limited to 60 per hour.
Mailing lists should be throttled to send out no more then 500 e-mails per 60 seconds.
If any hosting account is found to be causing degradation of the server and/or our hosting network's performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. NICHOLAS BURGE will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing server degradation.
File hosting and file storage of any type is strictly prohibited on any and all servers within the NICHOLAS BURGE's network. You MAY NOT use your NICHOLAS BURGE account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like download.com or similar and you may not use your NICHOLAS BURGE account as storage repository for MP3, games, video, audio or music files.
Backups and Data Loss
Your use of the NICHOLAS BURGE service is at your sole risk. NICHOLAS BURGE is not responsible for any and all files and data residing on your account on our servers. NICHOLAS BURGE cannot guarantee that the contents of a web site will never be corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any NICHOLAS BURGE server to which you have an account on. In the case that an account backup is required to be restored from a server backup performed by NICHOLAS BURGE a $15.00 fee will incur.
Termination of Data
For your privacy, all data and files from terminated and cancelled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your NICHOLAS BURGE account.
NICHOLAS BURGE wishes to emphasize that in agreeing to the NICHOLAS BURGE Acceptable Use Policy (AUP) and Terms of Service (ToS), member indemnifies NICHOLAS BURGE for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to NICHOLAS BURGE or the bringing of any claim against NICHOLAS BURGE by any third-party. This means that if NICHOLAS BURGE is sued because of a member's or a member of a member's activity, the member will pay any damages awarded against NICHOLAS BURGE, plus all costs and attorney's fees.
You, as NICHOLAS BURGE's member, are solely responsible for the content stored on and served by NICHOLAS BURGE's server. member acknowledges that web site construction and management is member's responsibility. NICHOLAS BURGE is not responsible for web site management or files lost or damaged by member.
Revisions to This Policy
NICHOLAS BURGE reserves the right to revise, amend, or modify this Policy, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.
Last Modified: 17/02/2012