Terms and Conditions of Services

Our terms and conditions which all customers have to agree to are as follows:

These terms and conditions relate to all our hosting plans.

Where the context admits: "We" includes Game Server Hosting, (GSH) or GameServerHosting.com.au. "You" includes the person purchasing the Services or any party acting on the customer's instructions. "Web Services" means the area on the Server allocated by us to you for use by you for web site/s, email, voice, game servers, hosting or any other use.

In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this Agreement:

1. Web Services
1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1.2 You represent, undertake and warrant to us that you will use the Web Services allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
1.2.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
1.2.2 you will not upload, post, link to or transmit:
(a) any material which we consider unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane, racist or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.2.3 you will not use services for sending bulk unsolicited email from our network. Nor will you use bulk email for any type of advertising purposes period.
1.2.4 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory, if unsure you should contact us and get written permission.
1.2.5 any file that that is uploaded to your web disk space is for the operation and management of your Web Services only.
1.3 We reserve the right to remove any material which we deem inappropriate from your Web Services without notice to you.
1.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
1.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
1.6 You shall procure that all activities within game and voice servers are in accordance with applicable legislation.
1.7 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be managed by anyone under the age of 18 years.
1.8 You may NOT through any method available change the configuration of your server to change the specified details laid out in your hosting plan. This includes changing your slot count or tickrate. Such activities will be deemed as abuse of resources, and may result in your services being canceled with no refund.
1.9 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
1.10 You may not use your game hosting space for the hosting of any other files that are outside the use of your game server.
1.11 You are not permitted to use your game server for anything that is outside of the normal use of game servers. Your game server must be used for multiplayer , we reserve the right to shut it down.
1.12 Source TV broadcasting, and the use of bots is restricted on our services. You may use bots from time to time, but your are not permitted to run servers constantly with bots. Source TV may be used to take demo or broadcast to a single source, like a broadcast server, for a single game, but Source TV is not permitted to run constantly.
1.13 We reserve the right to shut down game servers that consume excessive system resources.
1.14 We reserve the right to alter the price of disk space, hosting plans, Data transfer and any of our products at any time without notice to you.

2. Service Availability
2.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
2.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 1 day you will be notified of the reason.
2.3 We only support the most current versions of games. Games or versions of games that support or encourage gaming with illegal copies of the game are not permitted or supported.

3. Payment
3.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of provision of the Services.
3.2 We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
3.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 4.4.
3.3 All payments must be in AUD.
3.4 If your payment is declined for any reason, your Web Services will be suspended and you may be liable for administration fees.
3.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Web Services to you.

4. Termination And Refunds
4.1 We shall be entitled to suspend the Web Services and/or terminate this Agreement forthwith without notice to you If you:
4.1.1 fail to pay any sums due to us as they fall due.
4.1.2 break any of these terms and conditions.
4.1.3 are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
4.2 No refunds will be made under any circumstances for Web Services if any terms or conditions within this agreement are breached.
4.3 We reserve the right to suspend the Web Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.
4.4 You may cancel the Services at any time. To do so you must request cancellation of the Web Services at least 48 hours before the new billing cycle. The request must made in writing and include your account username and password. We do not give pro rata refunds for canceled services and you agree to finish the term of your billing cycle.
4.5 During the first 7 days of new Web Services, You are entitled to a refund if you are not totally satisfied with the Web Services, however an administration fee of $20 AUD may be deducted from the refund. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services.
4.5.1 Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable on this basis.
4.5.2 You will not be entitled to a refund on this basis if you have previously held an account with WebMagic.com.au.
4.6 Where payment has been made by credit or debit card, any refund will only be issued to the same credit/debit card or PayPal account.
4.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Services and to remove all data located on the Server.

5. Indemnity
5.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

6. Limitation Of Liability
6.1 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, subject always to subclause 8.2.
6.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
6.3 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.
6.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
6.5 In no event shall we 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.

7. Law
7.1 This Agreement shall be governed by and construed in accordance with Australian law and you hereby submit to the non-exclusive jurisdiction of the Australian courts.

8. Headings
8.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

9. Entire Agreement
9.1 These terms and conditions contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. We reserve the right to alter these Terms & Conditions and our Acceptable User Policy without consent or agreement from our customers.