Before you join us, take a moment to read our terms and conditions of service. We want you to understand them so that you know upfront what we offer and what we don’t offer. If you have any questions after reading this please contact us to make sure you are clear before you join!
Important – Summary of what we will not host:
In order to keep our servers fast for all users, we do not allow the following resource intensive scripts:
- IRC Server (Egg Drops)
- Game Server
- CGI Chat scripts
- PHP Shells or similar
- Free email with auto signup
- Any script using excessive amounts of resource or negatively impacting other users
- Any script that could be assessed as abusive in our sole judgement
Keeping your scripts efficient so they do not impact other users is your responsibility. Although we rarely apply this rule, we reserve the right of sole judgement in assessing any script or code as a problem.
SPAM / Unsolicited email
WD3 has an absolute zero tolerance policy in regards to spam or the sending of unsolicited email. All new accounts are heavily monitored for the protection of both yourself and other WD3 Users. If you have any further questions or concerns, please don’t hesitate to contact us.
Conditions of service
WD3 provides web hosting, email, and web development services. WD3 reserves the right to suspend or cancel any client’s access to any portion or all of WD3 services, when WD3 deems that the account has been used inappropriately. WD3 reserves the right to refuse service and/or access to its servers to anyone.
WD3 prohibits sites engaged in illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. and Australian laws, selling and/or distributing illegal contraband. Internet abuse including but not limited to spamming – mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a $500 dollar clean up fee.
WD3 also prohibits systems abuse including, but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts.
WD3 plans allow a specific amount of transfer per month (for further information refer to your plan details). Standard hosting plans and above can purchase additional bandwidth at $5.00 per gigabyte.
The determination of what is “adult content” and prohibited shall be solely made by WD3.
Should a policy violation occur, WD3 reserves the right to terminate the account without notice and without any refund. The policy violating client will be held responsible for any damages to WD3’s system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee.
Web site content
The client is responsible for keeping a copy of their most current web site files as backup on their own system (not on WD3 servers). WD3 is not responsible for any lost files, information, or data.
Should any data need to be recovered from WD3’s backup tapes, there will be a charge of $100. WD3 does not guarantee to possess the most current copy of a client’s website.
The client understands that system updates occur in real-time and as queued batch processes. WD3 reserves the right to modify the processing times at any time without notice. If a client or WD3 support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system. WD3 reserves the right to move your account to a new server if deemed necessary.
Free customer support is provided via email through the client’s control panel contact forms. Technical support emails will be answered within 24 hours. Billing enquiries will be answered within two business days. Client agrees not to spam Support and to remain courteous in all communication. WD3 does not provide website design, custom programming and scripting, or web site consulting services as part of free customer support, nor do we provide consulting or assistance with website design, programming or scripting via free support.
The maximum amount we are liable for any claim, or group of claims, is the retail cost of the renewal and/or hosting.
For any day, if downtime exceeds 60 minutes, we will credit your account proportionately for the time that the server was completely unusable upon request. The duration of the period for which the server is unavailable will be at our sole discretion.
You are responsible for maintaining a working email address in our billing system so that we are able to contact you.
The maximum amount we are liable for any claim, or group of claims, is the retail cost of the registration or renewal and/or hosting.
All services are provided on a prepayment basis.
Service is activated only after receipt of payment.
Credit card payment is authorized and assessed in real time.
Once an order is successfully submitted, the client is subject to WD3’s refund policy.
Any one-time setup fee is non-refundable.
All monetary transactions will occur in Australian ($AUD) dollars.
No bills or invoices will be sent by postal mail or fax.
Payment is due every year (12 months) for clients who choose annual prepayment, or every anniversary quarter (3 months) for clients who choose quarterly prepayment. WD3 reserves the right to change pricing schedules at any time. Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not pro-rated.
Late payments will incur a $10 processing charge.
Renewal notification and billing schedule
Renewal notification is emailed to the billing contact seventeen (17) days prior to the end of the billing cycle. Credit card renewals will be charged the day before the renewal date. If renewal payment is not made on or before the renewal date, the website and email service may be interrupted which will result in loss of email and website downtime until payment is received.
Credit card failures
In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card everyday until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of ‘successful charge’ will be sent to the billing contact via email. If the credit card continues to fail and the billing cycle ends, the account will be suspended, and then canceled after period of 30 days expires. New accounts will be canceled if a credit card payment fails. Subsequently repudiated credit card payments will be treated as failure to make initial payment. If a credit card payment is repudiated, WD3 will retain everything associated with the account, including domain registration until payment is received. We will send you an email to the billing email address on file before we charge your card.
WD3 reserves the right to charge a processing fee for each credit card failure.
WD3 will not in any way be held responsible for any loss of data (including email) due to the downtime or deletion of any account under these circumstances.
For new accounts, hosting refunds will be given on request for thirty days (30 days) after initial subscription and will result in immediate account cancellation. For new accounts, the set up fee charges are non-refundable, and support costs may be be assessed as set up fees if an account is cancelled in the first 12 months. If WD3 terminates an account due to policy violations, there will be no refund. The fees for additional features (including domain registration and web development) are non-refundable. We will refund based on unused quarterly periods.
WD3 reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a $500 clean-up fee. WD3 reserves the right to delete any policy violating web site content without notice.
Customers can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the client’s control panel contact forms.
If the client requests cancellation, their account will be terminated at a specified date or immediately. If the client specifies immediate account termination, WD3 reserves the right to delete web site contents without notice.
Client agrees to defend, indemnify and hold harmless WD3 against any liabilities arising out of defective products sold to customers from WD3 servers, personal injury or property damage caused by products or services sold or distributed from WD3 servers, any material that infringes or allegedly infringes on the rights of a third party available from WD3 servers, and any material that libels or allegedly libels a third party available from WD3 servers.
WD3 is not responsible for any damages to any client’s business. WD3 makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of WD3’s web hosting and email service is at the client’s sole risk. WD3’s services are provided on an “as is, as available” basis.
WD3 does not guarantee that our services will be uninterrupted or error free. WD3 will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.
In no circumstance will WD3 be liable for any claims resulting from the use or inability to use WD3’s services – including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to WD3 servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.
WD3 reserves the right to revise our policies at any time.