Terms & Conditions of Service

1. Introduction

Ecosite Web Hosting is an Australian-based provider of domain name registration, website hosting and email hosting services. The following policy sets out the complete Terms and Conditions for use of any and all services provided by Ecosite Web Hosting.

These terms are designed to ensure a fair and safe environment for all our customers. By accessing or using any part of our services, you agree to be bound by and comply with these Terms and Conditions.

2. Definitions

For the purposes of this policy, the following definitions apply:

• “Company” or “We” or “Us” or “Our” refers to Ecosite Web Hosting, the provider of the domain name registration, website hosting, email hosting, and related services as outlined in this document.
• “Client” or “You” refers to the individual or entity that purchases or uses our services, including domain name registration, web hosting, or any other services provided by the Company.
• “Services” refers to all the products and services provided by Ecosite Web Hosting, including but not limited to domain name registration, web hosting, email services, website building tools, and any other related services offered by the Company.
• “Account” refers to the account created by the Client to access and use our services. This account contains the Client’s personal information, billing details, and preferences for the services.
• “Domain Name” refers to the internet domain name registered or transferred through our services by the Client. It includes the unique name registered within the Domain Name System (DNS) which is used to identify a website.
• “Website” refers to the online site that is hosted on our servers, including all files, databases, and other components that make up the site.
• “Content” refers to all text, images, videos, files, and other materials that the Client uploads, posts, or otherwise makes available through our services.
• “Third-Party Services” refers to any products or services provided by a company other than Ecosite Web Hosting that may be used in conjunction with or as part of our services. This can include domain registrars, software providers, payment processors, and others, however, this list is not exhaustive.
• “Uptime” refers to the amount of time during which our services are operational and accessible. Uptime is typically expressed as a percentage of the total available time over a defined period.
• “Billing Cycle” refers to the regular interval at which the Client is billed for the services provided. This could be monthly, annually, or any other period as agreed upon by the Client and the Company.
• “Terms” or “Terms and Conditions” refers to the rules, obligations, and guidelines outlined in this document that govern the use of our services.
• “Agreement” refers to the entire agreement between the Client and the Company, including these Terms and Conditions, any service-specific terms, and any other agreements or policies referenced herein.
• “Force Majeure” refers to events beyond the control of either party that may prevent them from fulfilling their obligations under this agreement, such as natural disasters, acts of war, terrorism, or government actions.

3. Acceptance of Terms

By accessing or using any of the services provided by Ecosite Web Hosting, you agree to be bound by these Terms and Conditions, as well as any other guidelines, policies, or rules that may apply to specific services. This is a legally binding agreement between you (the Client) and Ecosite Web Hosting.

3.1. Binding Agreement

Use of our services signifies your acceptance of these Terms and Conditions in full. If you do not agree with any part of these terms, you must not use our services. Continuing to use our services after any changes are made to these terms also indicates your acceptance of the updated terms.

3.2. Eligibility

To use our services, you must be at least 18 years of age, and have the legal capacity to enter into binding contracts. By accepting these terms, you confirm that you meet these requirements. If you are using our services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms and Conditions.

3.3. Modifications to Terms

Ecosite Web Hosting reserves the right to modify or update these Terms and Conditions at any time. Any changes will be effective immediately upon posting to our website, and we will notify you of significant changes via email or through your account. It is your responsibility to review these terms periodically. Your continued use of our services after any changes are posted constitutes your acceptance of the new terms.

3.4. Termination of Agreement

If you violate any part of these Terms and Conditions, or if we believe that your actions may cause harm to us, our clients, or third parties, we reserve the right to terminate or suspend your account and access to our services without notice. Upon termination, you must immediately cease all use of our services. Unless otherwise specified, no refunds will be provided.

4. Our Services

4.1. Website Hosting

We offer website hosting services that allow you to store your website’s files on our servers and make them accessible to users via the internet. Our hosting plans vary in features, including storage capacity, bandwidth, and server resources, to meet the diverse needs of our clients.

• Types of Hosting:
  • Shared Hosting (cPanel Hosting): Multiple websites are hosted on the same server, sharing resources. This is a cost-effective solution suitable for small to medium-sized websites.
  • Virtual Private Server (VPS) Hosting: A more powerful option where your website is hosted on a virtual server that simulates a dedicated server environment, offering more control and resources.
• Server Uptime
  We strive to maintain a high level of server uptime, ensuring that your website is available to visitors as much as possible. Our uptime guarantee is 99.9%, however, due to unforeseen circumstances beyond our control such as technological failures, power outages or other external factors, there may be temporary disruption to the service on occasion, but this is typically very rare.
• Server Backups
  A limited number of backups are retained at our datacentres for data redundancy and security purposes. However, clients should not rely solely on these backups to protect their data stored on our servers. Refer to “Backups” for more information on available backup service options.
• Support
  Our technical support team is available to assist you with any hosting-related issues, including server performance, security, and troubleshooting.

4.2. Domain Name Registration

We offer domain name registration services that allow you to secure a unique web address (e.g., yourname.com) for your website. We provide access to a wide variety of domain extensions, including popular options like .com, .com.au, .au, .net, and .org, as well as country-specific and other extensions.

• Domain Management: Through your account, you can manage your domain names, including renewals, DNS settings, and WHOIS information. It’s essential to keep your registration information accurate and up-to-date to avoid disruptions in service.
• Renewal and Expiration: Domains must be renewed annually or for a longer period, depending on your selection. We will notify you of upcoming renewals, but it is your responsibility to ensure that your domains are renewed before their expiration dates to prevent loss of ownership.
• Domain Transfers: We provide the ability to transfer your domain names to and from our services. Transfers are subject to our transfer policies and may involve additional fees.

4.3. Business Email Hosting

We offer business email hosting services through Microsoft 365, providing you with a professional and reliable email solution. Some email packages includes access to Microsoft’s suite of productivity tools, such as Outlook, Word, Excel, and more, depending on the plan you choose.

Email Features

• Custom Domain Email: Create professional email addresses using your domain name (e.g., [email protected]).
• Large Mailbox Storage: Enjoy ample storage space for your emails and attachments, with options to upgrade if needed.
• Access and Sync: Access your email from any device using Microsoft Outlook or other email clients. Your emails, contacts, and calendar are synchronized across devices, ensuring you stay connected and organized.

Security and Compliance

Microsoft 365 offers robust security features, including spam and malware protection, data encryption, and compliance with industry standards to protect your business communications.

Support

Our team provides support for setting up and managing your Microsoft 365 email accounts, including troubleshooting, migration from other email services, and integration with your existing systems.

4.4. SSL Certificates

Secure your website with SSL certificates, which encrypt data transmitted between your site and its visitors, building trust and improving your site’s search engine ranking.

4.5. Website Backups

Regularly backup your website data with our automated backup solutions, ensuring that your files and databases are safe and recoverable in case of a disaster. Backup packages are available for purchase through your account or by contacting us directly.

5. Account Setup and Management

5.1. Account Setup

On engaging the services of Ecosite Web Hosting, all customers are provided with access to the online client portal. The portal allows clients to manage all of their products and services held with us.

5.2. Contact Information

Clients are responsible for ensuring that all contact information in their client profile is up to date at all times. This ensures that you receive any communications from us regarding invoices, domain name renewals and other important service notifications.

5.3. Security

Clients must ensure that access to their online portal is protected with a strong password consisting of a combination of upper and lowercase letters as well as special characters. Password sharing should be avoided as this could jeopardise the security of your account. If you require additional people to have access to your online portal, you can request additional users to be added to your account.

6. Billing and Payment Terms

6.1. Invoice Terms

With the exception of initial domain registration or hosting purchases, all invoices are subject to 14-day payment terms. 

6.2. Accepted Methods of Payment

Invoices must be paid using a valid Australian Credit Card or Debit Card. A card processing fee may apply for some premium credit cards. Effective July 1, 2021, payments via Bank Transfer are no longer accepted.

6.3. Initial Billing

Full payment upfront is required when making an initial purchase of any domain name or hosting products. No services will be established or domains registered until a successful payment has been made using a valid Australian Credit Card or Debit Card. On initial sign-up, clients may choose to save their card details for future automatic payment processing. By saving your details, you agree to your card being automatically debited when future invoices are due. (See Automatic Billing & Direct Debits).

6.4. Automatic Billing & Direct Debits

Our systems have been designed to automatically process payments after the initial service has been established. This helps simplify renewals and prevent unwanted disruptions to your services with us.

6.5. Secure Payment Processing

Credit card and/or debit card details are securely processed through our external payment processor, Eway. For security reasons, no card details are retained by Ecosite Web Hosting. Eway employs industry-standard 256-bit encryption technology to protect customer card details against fraud or from being intercepted during transactions between the merchant (Ecosite Web Hosting) and the payment processor (Eway). Eway utilises a proprietary payment token system to connect your saved payment information with your Ecosite Web Hosting account for direct debits.

If you elect not to save your payment information, you will be responsible for ensuring that payment is manually processed for any invoices by the due date to avoid disruption to your web hosting, email hosting or domain services.

6.6. Cancellation & Refunds

Domain Names

Domain names are registered for a full term of at least 12 months. No refunds are available for domain name registrations if you choose to cancel or not renew a domain. If you do not wish to renew a domain name, please contact us at least 30 calendar days prior to the renewal date to prevent automatic renewal of the domain name for another 12-month term.

Website Hosting, Email Hosting & SSL Certificates

Website and email hosting services are billed either monthly or annually and are non-refundable once purchased. SSL certificates are similarly non-refundable. Should you choose to cancel your website hosting service, you must provide a minimum of 30 calendar days’ notice. Please note, no prorated refunds are provided for cancellation of an active hosting plan before the end of the subscription term.

6.7. Failure to Pay

Failure or refusal to pay for services rendered, including any incidental late payment fees, may result in immediate termination of service at the discretion of Ecosite Web Hosting and the matter being referred to the appropriate agencies for retrieval. You will be responsible for any legal costs incurred by us in recovering the debt.

7. Use of Our Services

When you use the services provided by Ecosite Web Hosting, it’s important that you follow the guidelines outlined below to ensure a safe and reliable experience for all. These guidelines help protect both you and our community from misuse and from harmful or illegal activities.

7.1. Acceptable Use

• Lawful Purposes
  You agree to use our services only for lawful purposes. This means you cannot use our services in any way that violates local, state, national, or international laws or regulations. This includes, but is not limited to, infringing on intellectual property rights, engaging in fraudulent activities, or distributing harmful content like viruses or malware.
• Prohibited Content
  You may not use our services to host, display, upload, or transmit any content that:
  • Is illegal, abusive, harmful, or threatening.
    • Promotes violence, hatred, or discrimination.
    • Involves pornography of any kind, obscene or sexually explicit material, or material that depicts child abuse or child exploitation.
    • Infringes on the intellectual property rights of others, such as copyrighted material, trademarks, or patents without permission.
  • Is misleading or deceptive, including phishing schemes, false advertising, or impersonation.
• Resource Usage
  Our services are shared among many clients, and it’s important to use resources like bandwidth, storage, and server processing power responsibly. You agree not to overburden our servers or engage in activities that could disrupt the performance of our services for others. If your usage exceeds what is considered normal or reasonable, we may ask you to reduce your usage, upgrade to a higher plan, or take other actions to ensure the stability and quality of service for all clients.

7.2. Prohibited Activities

• Hacking and Unauthorized Access
  You must not attempt to gain unauthorized access to any part of our services, other clients’ accounts, or our servers. This includes activities like hacking, password mining, or attempting to bypass any security measures we have in place.
• Spamming and Unsolicited Communications
  You may not use our services to send spam, bulk email, or other forms of unsolicited communications. This includes using your domain name or email accounts hosted by us to send large volumes of unwanted messages or advertisements.
• Network Abuse
  Any form of network abuse, such as DDoS (Distributed Denial of Service) attacks, port scanning, or the deployment of botnets, is strictly prohibited. These activities can harm the performance and security of our network and impact other clients.
• Misrepresentation
  You must not misrepresent yourself, your organisation, or your business in any communications or content hosted through our services. This includes pretending to be someone else, using false contact information, or misleading others about your identity or purpose.

7.3. Security and Protection

• Account Security
  You are responsible for maintaining the security of your account, including keeping your password confidential and ensuring that your account information is up-to-date. If you suspect any unauthorised use of your account, you must notify us immediately so we can take appropriate action.
• Data Protection
  You are responsible for ensuring that any data you collect, process, or store using our services complies with applicable data protection laws, such as GDPR or CCPA. You must also take appropriate measures to protect any sensitive or personal information stored on our servers.
• Server Security
  Ecosite Web Hosting employs proactive anti-malware measures on its servers to assist in the prevention of DDOS attacks, hacking attempts and malicious code injections to websites hosted by us. Automated daily security scans regularly check for malware and provide real-time notifications of any potential cybersecurity threats. However, clients also maintain responsibility for mitigating any potential security risks by ensuring their websites are properly maintained (See Website Maintenance).
• Website Maintenance
  Clients maintain full responsibility for managing and maintaining any websites stored on our servers. This may include but is not limited to WordPress software updates, plugin updates, theme updates and security patches.
• Backups
  With the exception of our paid backup services, it is ultimately your responsibility to ensure that you have up-to-date backups of your website, data, and other critical information stored on our servers. We strongly recommend regularly backing up your content to avoid data loss in case of an unexpected event. With the exception of paid backup services provided by us, Ecosite Web Hosting will not be held liable for any loss of data stored on our servers.

7.4. Consequences of Violations

• Suspension or Termination
  If you violate any part of these guidelines or engage in activities that we believe are harmful to our services, other clients, or the public, we may suspend or terminate your account. This can happen without prior notice, depending on the severity of the violation. Suspension may also occur if payment is not received for invoiced services. In the event of permanent account termination, Ecosite Web Hosting reserves the right to permanently delete all data from its servers without recovery.
• Legal Action
  In cases of serious violations, we may take legal action against you, including seeking damages, reporting the violation to law enforcement, or cooperating with investigations by authorities.
• Restoration of Service
  If your account is suspended or terminated due to a violation, we may, at our discretion, restore your account if the issue is resolved to our satisfaction. Restoration may be subject to additional fees or conditions.

7.5. Reporting Violations

• How to Report
  If you become aware of any misuse of our services or any violation of these guidelines, please report it to us immediately at [email protected]. We take all reports seriously and will investigate any potential violations.

8. Limitation of Liability

We strive to provide reliable and high-quality hosting services, but sometimes unexpected events can cause unplanned interruptions or problems. In the event that our services become unavailable or do not perform as expected, we want to clarify the extent of our responsibility:

8.1. Service Uptime

While we do our best to ensure that our services are always available and functioning properly, we cannot provide a 100% guarantee that there won’t be any interruptions, delays, or errors. Such occurrences are typically quite rare, however, we promise to do our best to minimise the impact of any service interruptions on your business.

8.2. Limited Liability

If something does go wrong, our responsibility is limited to the amount you have paid us for the services during the time the issue occurred. This means that we are not liable for any losses or damages that go beyond what you have paid us, including things like lost profits, data loss, or other financial losses.

8.3. Third-Party Services

Sometimes, we rely on other companies to provide parts of our services (like domain name registrars or server providers). We cannot be held responsible for any issues caused by these third parties, but we will do our best to help resolve any problems if they arise.

8.4. Force Majeure

Ecosite Web Hosting will not be held responsible for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure is caused by events beyond our reasonable control. These events may include, but are not limited to:

• Natural disasters (such as earthquakes, floods, hurricanes, wildfires)
• Acts of war or terrorism
• Civil unrest or riots
• Government actions or regulations (including lockdowns, trade restrictions, or other interventions)
• Epidemics or pandemics
• Power outages or failures of the internet or telecommunications networks
• Strikes, labour disputes, or industrial actions
• Any other events that could not have been reasonably anticipated or controlled

During the period in which a Force Majeure event is ongoing, our obligations under these Terms and Conditions will be suspended. We will make reasonable efforts to mitigate the impact of the event and resume our services as soon as possible. If the Force Majeure event continues for an extended period, either party may have the option to terminate the affected services.

9. Indemnification

We ask that you take responsibility for how you use our services. This means:

• Your Responsibility
  You agree that if anyone else takes legal action against us because of something you did while using our services (like violating someone’s rights or breaking the law), you will cover the costs. This includes paying for any damages, legal fees, and other expenses that result from the action.
• No Harm to Us
  If you use our services in a way that causes harm to others or to us, you agree to protect us from any claims or losses. This means you will step in and handle the situation, including covering any costs that come up.

By using our services, you agree to these terms and accept responsibility for your actions while using our platform. This helps us maintain a safe and fair environment for everyone.

10. Privacy & Confidentiality

Ecosite Web Hosting will always maintain confidentiality of your personal information unless we are required by law to provide these details to a regulatory or legal authority. Your information will never be shared with any third party except to the extent required to facilitate provision of our services to you.

11. Disclaimer

If any clause or part thereof of this agreement is void, illegal or unenforceable, it may be severed without affecting the enforceability of all other provisions detailed in this agreement.