Terms of Service
By becoming a client of GCHost, you are indicating that you have read and agree to these terms. Note that we do reserve the right to make changes to these terms at any time without providing you notice.
GCHost.com.au's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.
If you are found in violation of GCHost.com.au's Terms of Service your account will be terminated without notice and you will forfeit all of the monies that have been paid to GCHost.com.au.
Examples of content that is not acceptable on GCHost.com.au's Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Chat software", "Gambling Related", "Copyrighted Mp3's", "Copyrighted software".
You specifically agree to indemnify and hold GCHost.com.au harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.
Warez includes pirated software, ROMS, serials, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
The following practices are forbidden on our servers and will result in immediate cancellation of an account without a refund:
- Reselling account space to a third party.
- Spamming, or the sending of unauthorized commercial emails is prohibited. "Safe lists" and "double optin" may at our discretion be treated as spam. Users found to be spamming will be removed immediately with or without notice and may be charged a service fee; the amount of this service fee is left entirely to the discretion of GCHost.com.au. Additionally, in an emergency you hereby authorize GCHost.com.au to make changes to your site without your consent.
- Representing yourself as an employee with GCHost.com.au or representing your site as owned or operated by GCHost.com.au
- Using account space for storage or backup of files not directly linked to your web site. Our accounts are not for backing up hard drives or storage.
- Any hacking of other sites using our services, denial of service attacks, password theft, and other such acts are strictly prohibited.
Limitation of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.
Although daily backups are made of our clients' sites, you are nevertheless resposible for having a copy of your site on your computer and/or another server. GCHost.com.au is not responsible for files and data residing on your account.
In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising. In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
At this time we do not provide invoices, though when you sign up for a hosting plan you will be charged the quarterly fee for your plan each quarter. This is done automatically, and makes retaining your web hosting service easy and automated. Payments are done through PayPal, our secure payment provider. If a charge is rejected, either by PayPal, your bank, or your credit card provider, you may have your account suspended and/or be required to pay the charge attempted within seven (7) days to avoid having your account deleted.
We reserve the right to cancel or suspend any account at any time without notice or warning. If this is the case, it is our decision whether to give a full refund, a partial refund, or no refund.
You may request a refund within the first 14 days of the time your hosting was initially purchased with us if you are not satisfied with our hosting. However, we may refuse to give you a refund if your account was suspended or cancelled for a violation of this Terms of Service, or if your account was suspended or cancelled by us before you requested a refund for any other reason.
DartServers guarantee its customers 99.9% uptime. Should we fail to deliver 99.9% uptime in a month, you will have the option of requesting a pro-rata refund based on the percentage of downtime. This does not apply to customers that have had their accounts suspended or cancelled.
We have no extra or hidden charges on our accounts other than the setup fee. There are, however, extra charges if you go beyond your hosting plans' data transfer allowance. There is a $3 charge for each Gigabyte of Data Transfer over your hosting plans' data transfer allowance. There is no need to worry about this extra fee, as most customers do not go over their hosting plans' data transfer allowance. If you feel you might go over your data transfer allowance then you can always upgrade your account.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Customer agrees that it shall defend, indemnify, save and hold GCHost.com.au harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against GCHost.com.au, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless GCHost.com.au against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with GCHost.com.au; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from GCHost.com.au's server.