Use of Network Dynamics’ services constitutes acceptance and agreement to the terms and conditions below, they are designed to protect and benefit all clients. The TOS is designed to ensure quality service and performance for our customers and to maintain the integrity our our infrastructure.
Acceptable Use
All services provided by Network Dynamics 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 Local law is prohibited. We reserve the right to refuse sites promoting things that violate the laws of other countries as well.
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Examples of prohibited content or links include (but are not limited to): IRC software; pirated software; hacking programs or archives; warez sites; distribution of music files or any other material in which the account holder does not own the copyright; porn spamming software; adult sites; game servers (dedicated game server programs). Network Dynamics will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Domain Name Registration, Renewal & Transfers
Upon registering a gTLD domain, you must also agree to the terms set out in the ICANN Registrants’ Benefits and Responsibilities document. ccTLD domains are governed by their respective domain authorities as follows; AU – www.ausregistry.com.au NZ – www.dnc.org.nz UK – www.nominet.org.uk
Domain name registrations, renewals and transfers are not refundable.
Server Resources
Any website that uses a high amount of server resources (including but not limited to, CPU, memory usage and network resources) can be suspended without notice, and then may be given an option of either upgrading their service or reducing the resource needed to an acceptable level.
Email Marketing/Mass Email
Our servers are not designed for newsletter or mass email campaigns. Our shared server environment is setup to allow 200 outbound emails per hour for each hosting account. Any account sending mail in excess of our limits, may have outbound email limited or blocked. Dedicated servers are not restricted to this limit.
Hardware, Equipment, and Software
You are responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Network Dynamics Services. Network Dynamics makes no representations, warranties, or assurances that the client’s equipment will be compatible with Network Dynamics services.
Backups and Data
Network Dynamics provides free daily backups for all client accounts within our network, however for added security we advise that you download local copies of critical data. We accept no responsibility for any data loss or corruption.
Full cPanel backups must be downloaded to your computer as any full cPanel backups stored on the server for longer than 7 days will be automatically removed from your account.
We retain a full backup of cancelled or terminated accounts for a maximum of 14 days. Should you require this data, a $99 data recovery fee is payable.
Account Security
It is your responsibility to maintain secure passwords and keep all software, installations, plugins and themes up to date. Any account which is compromised or contains malware or spam scripts may be taken offline or have infected files sent to quarantine.
In the event of an account taken offline or files sent to quarantine, you may contact us for more information so we can provide recommendations or assistance at our discretion. You may then wish to resolve the issue yourself or employ a third party to do this for you.
Suspension, Cancellation and Termination
Network Dynamics reserves the right to suspend or cancel an account holder’s access at our sole discretion. Of your breach of our terms and conditions we reserve the right to deactivate and/or remove your account from our servers immediately.
For security purposes, all service cancellations must be submitted via the client area. If you do not know your login details, you can request a password reset here. Any outstanding invoices must be paid in full before a cancellation will be processed for the requested service.
Network Dynamics reserves the right to terminate and delete all data (including backups), for any services which remain unpaid for a period of 60 days or longer.
Network Dynamics reserves the right to request annual payment for any account suspended 3 times within 12 months or with more than 20 failed credit card transactions.
Billing and Refunds
Establishment of this service is dependent upon receipt by Network Dynamics of payment of stated charges. Our billing and refund policy forms part of our terms of service.
Migrations from other hosts
Hosting accounts will be migrated from your old host free of charge, unless we believe there will be extra steps outside of our normal migration procedure, which may increase the time taken to migrate the account. We reserve the right to refuse or quote for a migration which we deem as being outside of our normal migration procedure.
Hosting accounts migrated from other hosts containing malware, malicious scripts, viruses, bots, trojans or any file we deem harmful to our network, may be suspended until either the client or ourselves have removed such files.
Before migration, we will advise of any actions or considerations you may need to undertake in relation to the hosting account, email accounts or DNS settings – either on our network or on your existing network you are moving from.
We will endeavour to complete migrations with minimal disruption to service, however we accept no responsibility for events outside of our control, which may lead to issues that need to be addressed – This includes, but is not limited to DNS propagation, software incompatibility, data corruption, email settings, actions of your old provider.
Service Availability
We shall endeavour to provide continuing availability of services and server stability, but we shall not, in any event, be liable for service delays and interruptions or down time of the server, outside of our Service Level Agreement (SLA).
Liability and Indemnity
You agree to indemnify and hold harmless Network Dynamics, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use ofNetwork Dynamics services, including but not limited to your violation of this Agreement.
Incident Reports
Outages;
For downtime greater than 60 minutes, we will issue an incident report outlining the nature of the incident and steps taken to resolve and prevent repeat occurrences. For downtime less than 60 minutes, we will update our twitter feed with relevant information and notification of a resolution.
Website hacking or defacement;
Network Dynamics offers a “best effort” Incident report for website hacking or defacement. We do not guarantee to monitor for such issues, however we have employed security software to disable malicious code or files uploaded to your account to help protect against further hacking or defacement. If we detect and issue, we will contact you and provide information as to the cause and best method of resolution.
As you are given the freedom to upload files to your account, you also have the freedom to unknowingly upload vulnerable or malicious files. Malicious files will be scanned and quarantined by our malware scanners, however there is no such scan for a vulnerable file.
Firewalls, brute force and intrusion detection methods are used on our servers, however it is your obligation to ensure that best practice security measures are followed ie) strong passwords, software kept up to date.
Should you discover a hacking or defacement related issue before we do, please open a support ticket or send an email to support@networkdynamics.com.au so that we may investigate further. After our investigations, we will issue an incident report outlining what has occurred and how to prevent it from reoccurring in the future.
Dedicated Server Management
Dedicated servers within our network;
Dedicated servers within our data centre environment are covered by our SLA. All dedicated servers which include our optional management service are monitored 24/7 for CPU, memory, load, disk space, network traffic and uptime. In the event that we identify an issue, we will rectify and let you know if required.
Server management includes 24×7 monitoring and 1 hour of scheduled or ad-hoc maintenance per month. Maintenance or repairs outside of the included 1 hour are billed at $149/hour.
Dedicated servers outside of our network (ie. on client’s or 3rd party network);
Dedicated servers outside of our data centre environment not covered by our uptime SLA’s.
We require full FTP and SSH access to servers hosted outside of our network in order to manage, maintain and attend to any issues which may arise. If we do not have sufficient access to the server, you agree to provide access upon our request.
Server management includes 24/7 monitoring for CPU, memory, load, disk space, network traffic and uptime, plus 1 hour of scheduled or ad-hoc maintenance per month. Maintenance or repairs outside of the included 1 hour are billed at $199/hour, unless stated in a service schedule or support contract.
Anti-Bribery and Corruption
Network Dynamics will not engage in corrupt business practices;
We will implement measures to prevent bribery and corruption by any director, employee, contractor or other party representing Network Dynamics;
We will, at a minimum, comply with all applicable laws, regulations and standards or, where internal policies require a higher standard, will apply and comply with such higher standard;
Network Dynamics prohibits the giving and receiving of gifts in connection with our operations which go beyond common courtesies associated with general commercial practice. This is to ensure that the offer or acceptance of a gift does not create an obligation or cannot be construed or used by others to allege favouritism, discrimination, collusion or similarly unacceptable practices by Network Dynamics.
Any gift, entertainment or other personal favour or assistance offered, given or received which has a value above A$50 must be recorded in the Gift and Entertainment Register if the gift is accepted. If a gift offered to a Network Dynamics employee or contractor is refused it shall only be entered on the register if the grounds for refusal were concerns that the gift/entertainment was excessive or likely to (or be perceived as likely to) improperly obtain/retain a business advantage.
TOS Updates
We reserve the right to revise, amend and modify the Network Dynamics Terms of Service at any time.
Questions
If you would like further information or have any questions regarding our terms of service, please do not hesitate to contact us using our contact us form or call 1300 768 249.