Freesites Terms and conditions of use.
Access and use and payment for the freesites website and system are subject to the following terms and conditions. If you use the site, your use will constitute your acceptance of the below terms & conditions from the first time you create your account.
Your web site is free. Use of the system to create and edit your website is also free. Hosting of your domain name is payable by credit card only. Your card will be debited on the 1st of each month. The business name "Mediatwo Web" will appear on your credit card statement. All payments are in advance. If any transaction fails, then your access to freesites will be suspended after 10 days and 2 attempts to collect payment, and will not be reinstated until payment is collected.
Site designs are licensed to you at no charge while your site remains on our server under the Freesites system. No design templates are allowed to be transferred away from our servers to be used elsewhere, either for your site if you move away from Freesites or another site not hosted by us.
Upon joining, account setup is on average completed within 1 hour during normal work hours, slightly longer on weekends and public holidays. if you have us register your domain, you will be charged for the 2 year domain registration ($60) plus a pro-rata hosting fee for each day remaining in the month with a min of $5 if after the 20th of the month. If you have your own domain already then you will just be charged the pro-rata hosting fee for each day remaining in the month. Should your account end prior to the 2 year term or registration, your domain will expire at either at the one or 2 year anniversary, depending which is the first to occur after account termination.
Monthly hosting fee is subject to change. If extra hosting features are required, such as mail box access, hosting fee will rise by $2 per month per email box. The initial freesites hosting fee is based upon the freesites system and the web space allowing for that only. FTP access is prohibited for security reasons.
There can be no refund for domain name registration, as once a domain is registered, then it cannot be un-registered, and we have already paid the fee to the domain registrar to register the domain, so choose your domain wisely.
To avoid handing over domains that have been paid for with stolen credit card numbers, we will not give out the domain password or transfer it to another registrar for a period of 12 months from the domain registration.
2. SITE CONTENT:
You may use your site for any purpose you wish, however if the content is illegal, then it is likely that we - as the hosting provider - will be contacted by the authorities to have the site taken down. We can also choose to remove your site if we consider the content is illegal or offensive. This includes but is not limited to any form of animal cruelty or any practise that we consider to be animal cruelty. "Cruelty" includes but is not limited to rodeos, animal circuses, bullfighting and any practise where animals are used for unnatural purposes. Adult related content is generally acceptable.
The Freesites system is set up to allow you to edit your own site pages. it's developed to be as easy to use as possible. It does require that you know how to use a computer and basic computer skills will be necessary. For the low monthly fee, there is no phone or personal email support, we provide all support via the forum so everyone can benefit from our help and replies. The creation of pages, entering of content, insertion of images is all very basic and if your computer skill level prohibits you from being capable of this, then Freesites is not for you. You would need to employ a web developer to create your site for you. The whole point of Freesites is that you create your own site instead of paying someone else to create it for you. You will be expected to be able to resize your images BEFORE uploading them, and NOT resizing them on the page. This will have 3 main benefits for you. 1. you will upload them quickly. 2. they will download quickly for your visitors. 3. they will look good. - images resized on a page look bad.
There is system usage support available via the built in forum, where questions are answered every day by support staff members. Support staff are notified of new posts to the forum via email. Faster response times will be seen during normal business hours.
We do not make you stick to a long term contract, you can terminate your account any time you like with the built in account termination feature. There will be no hosting refunds if you request it before the end of the billing period because of the fees and time involved with the refund process and the payment debit process already charged to us by our bank.
4a. Payment terms. Accounts unpaid for two consecutive months will be considered in default and as a result, Freesites at its discretion, may suspend the account causing termporary removal of the website. Removal of such does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
5. Design Credit. Freesites reserves the right to include a discrete link back to www.freesites.com.au from the client's website stating “Powered by Freesites” or similar. This credit is to remain on the site
6. Intellectual Property. The client retains IP of the site. Unless design copyright is signed over to the client, Freesites retains copyright of any design that is created by Freesites, excluding elements formed directly from client’s logo or branding imagery or facets of their corporate identity. The Client can use and re-use the design elements created for the site in an unlimited fashion for the site and any other graphical online internet-displayed purposes only. Styles and designs created in the production of the Website design may not be used in other material for the client’s advertising unless permission is given by Freesites. An extra design fee will be due for the multiple use of design features. The client accepts that they do not have exclusive rights to any regenerative code used in the development of the Website. Sale of the website by the owner transfers the use of the site only but the copyright remains with Freesites.
7. Post-Placement Alterations. Freesites cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once uploaded and live. Such alterations include, but are not limited to additions, modifications, or deletions.
8. Indemnity. The Client agrees to indemnify Freesites from any and all claims resulting from the Client’s use of Freesites’s services which cause damage to the Client or a third party, including any direct, indirect or consequential damages, loss of data resulting from delays, non-delivery or interruption in service or for actions resulting from unauthorised hacking into any Website or online database created by us, or from the misuse of any content management system provided by us. The Client acknowledges and agrees that Freesites cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond the control of Freesites.
You indicate acceptance of these terms and conditions of service by placing an order with Freesites Hosting. These terms and conditions will not be varied for individual customers.
1 SOFTWARE LICENCE AND RIGHTS
1.1 In relation to Freesites's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Freesites Hosting a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Freesites Hosting any right, title, interest or intellectual property rights in the Customer Software or the Content.
1.2 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Freesites Hosting Software or Content Management Software.
1.3 Freesites Hosting may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Freesites Hosting shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
2 SERVICE LEVELS AND DATA BACKUP
2.1 Freesites Hosting shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Freesites Hosting makes no warranties or representations that the Service will be uninterrupted or error-free and Freesites Hosting shall not, in any event, be liable for interruptions of Service or downtime of the server, deleted or corrupted files or lack of services due to human error.
2.2 Freesites Hosting carries out data backups for use by Freesites Hosting in the event of systems failure. Freesites Hosting do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Freesites Hosting accepts no responsibility for data loss or corruption. Freesites and Media Two urge all customers to keep backups of any files they upload to their website on their own systems.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Freesites's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
10.1 The Customer warrants and represents to Freesites Hosting that Freesites's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Freesites Hosting as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Freesites shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Freesites Hosting and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Freesites Hosting arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.2 The entire liability of Freesites to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Freesites be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Freesites Hosting had been made aware of the possibility of the Customer incurring such a loss, or any loss resulting from human error.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 Freesites Hosting shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be deleted.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
15 DATA TRANSFER
15.1 Web hosting accounts include a certain amount of data transfer according to package chosen or applicable, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included, or until the next month period commences.
15.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
16 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
17 WEBSPACE USAGE
Web space is available for genuine Website content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
18 MAIL BOXES
Mail boxes not accessed for 100 days or more will be deleted from the system.
19 Parked Domains
There is an allowed maximum of 3 parked domains per account. extra domains may be parked at $1 per month per domain.
These terms are subject to change without notice.