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Web Site Hosting

Terms of Service (TOS)

WebMark Designs provide web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to insure this intent is met.

WebMark Designs ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). From herewith in this TOS and AUP, the usage of "us", "we", "our", "ours" shall constitute reference to WebMark Designs, the usage of "you", "your", "they", "them" shall refer to client / customer of WebMark Designs.

Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of WebMark Designs and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.

Commercial Advertising- Email (SPAM): Spamming, or the sending of unsolicited email, from a WebMark Designs server or using an email address that is maintained by WebMark Designs is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. WebMark Designs will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by WebMark Designs about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $1 per email sent and up to a $1000 fine per incident.

Server abuse: Any attempts to undermine or cause harm to any WebMark Designs server or customer of WebMark Designs is strictly prohibited. WebMark Designs holds no responsibility for the use of our clients' accounts. Any account that abuses server resources and is not corrected, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms.

IP Ownership: Customers purchasing Hosting from WebMark Designs do not gain ownership of the IP address assigned to their account.

Contact & Billing Information: You must provide us with, and keep current, good contact information for you. E-mail, telephone contacts and physical address are required. This information can be updated by sending an email to admin@webmarkdesigns.com.au.

Billing, Payments and Fees: Subsequent payments are due on the anniversary date of the service (The Due Date). Services may be suspended on accounts that are not paid in full by or on there due date.

- Additional Fees & Charges:

Service may be terminated on accounts that reach 14 days past due. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. The Customer hereby grants The Company a Lien over any client equipment and or data in the custody, possession or control of The Company for any unpaid fees payable to The Company by the Client pursuant hereto and The Company is hereby authorised and empowered to sell any of the aforesaid to recover all or any such fees or expenses together with interest thereon which remain unpaid in excess of 45 days from the due date.

Disputes and Failure to Pay: All billing disputes must be reported within 30 days of the time the dispute occurred. The Company 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.

Refunds: All payments are NON-REFUNDABLE! All annual plans are NON-REFUNDABLE!

Cancellation: All cancellations must be sent to admin@webmarkdesigns.com.au. While there are no cancellation fees, you must cancel seven (7) days prior to your next billing cycle. Payments made up to your next renewal anniversary date are not refundable. This does not include any added support or service fees you have contracted us to provide. We reserve the right to remove any account without advanced notice for any reason at any time without prior notice.

Liability and Warranty: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. WebMark Designs denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Modifications: These terms may be modified at any time and without notice. All users previous and new clients are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all times. It is our responsibility to provide these policies in a ready and readable form. We may or may not elect to post updates to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats.


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