Terms and Conditions

This agreement is to setup the terms and conditions of web hosting between Momentum Hosting (“us/we”) and you (“The Client/Client”).

By use of Momentum Hosting services you are agreeing to the following terms and conditions, if you do not agree with any part of these terms and conditions your sole and only course of action will be to discontinue use of Momentum Hosting (our/we) hosting services.

1. General Use

1.1: Our services may only be used for lawful purposes as outlined in the Acceptable Use Policy.

1.2: You agree to indemnify and hold harmless Momentum Hosting in any legal action which arises as a result of your use of our services, without limitation or exception.

1.3: Momentum Hosting makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold Momentum Hosting responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Momentum Hosting agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate or pro-rata amount, but that no further compensation will be made. Scheduled outings, account suspensions or server maintenance do not count towards our refund policy.

1.4: You agree not to maliciously or intentionally interfere with the proper operation of the system or servers, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access.

1.5: You agree that the security of your account or server is first and foremost your own responsibility. You further agree that if you believe the security of your account or server has been compromised in any way, you will notify Momentum Hosting immediately. You agree that if you become aware of misuse of your account or server, and do not notify Momentum Hosting, you will be held responsible for that misuse.

1.6: You agree that any use outlined as Prohibited in the Acceptable Use Policy will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any and all damages to Momentum Hosting, both monetary and in reputation, as well as hourly labour or support fees for reading and replying the complaints which may arise.

1.7: You agree that we have the right and responsibility to fully co-operate in any legal investigation regarding any aspect of our services, including services sold to you.

1.8: You agree to supply a current and truthful name, postal address, billing address and telephone number for our records. Momentum Hosting agrees not to sell or donate its mailing list to any other company or person.

1.9: You agree that backup of files is your responsibility and that Momentum Hosting is in no way responsible for the loss of, or for saving or returning any data, files or directories stored on the server for/to the Client.

1.10: Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with Momentum Hosting, at our discretion. Criminal or civil prosecution may result in extreme cases.

2. Financial Arrangements

2.1: Client agrees to a monthly or annual contract. Accounts are yearly as agreed to, and signifies such agreement by acknowledgement in account setup form or subsequent written agreement. A month is considered to be a calendar month.

2.2: Applicable fees for a domain name, web hosting account, plus setup charges (if applicable), and registration fees (where applicable), shall be due prior to account activation. With no exceptions.

2.3: This agreement will automatically renew for successive monthly or yearly periods unless cancelled in writing at least thirty (30) days prior to the renewal date. Client will receive an invoice via email or post for hosting charges. Renewal prices are subject to change. Renewal of services by client indicates agreement to contract revisions and revisions to our Terms of Trade and Acceptable Use Policies.

2.4: If an account is not paid in full within 14 days of the due date then we have the right to suspend your account (without notice) until all payments have been received. Accounts that remain unpaid over 30 days past the due renewal date will have their account suspended or cancelled at our discretion, without notice. No exceptions. Charges will accrue while your account is suspended, but not once it is cancelled.

2.5: Momentum Hosting reserves the right, in its sole discretion, to deactivate the Client’s account(s) upon an indication of credit problems including delinquent payments. In such case Momentum Hosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client.

2.6: Momentum Hosting reserves the right to decrease or increase charges at any time. Such increases may be advised at least one month prior to invoicing at our descretion.

2.7: Momentum Hosting reserves the right to transfer billing to a new company on sale of Momentum Hosting. Contracts can be re-negotiated with the new company, and notice will be given.

2.8:- Excess bandwidth or disc space fees will apply on accounts that exceed the data limits.

3. Reselling

3.1: A Client is not allowed to resell the storage and/or transfer services provided by Momentum Hosting unless the express permission of Momentum Hosting is sought and this permission is provided in writing.

4. Hardware, Equipment and Software

4.1: Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Momentum Hosting services. Momentum Hosting makes no representations, warranties or assurances that Client’s equipment will be compatible with Momentum Hosting services.

5. Eligibility

5.1: Client certifies that he or she is at least 18 years of age and has the authority of the company, group or individual they represent to agree to these terms and incur the associated costs.

6. Internet Etiquette

6.1: Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Momentum Hosting. All messages transmitted via Momentum Hosting service(s) should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.

6.2: Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Momentum Hosting is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Momentum Hosting or its customers may utilise.

6.3: Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. Momentum Hosting reserves the right to deactivate the Client’s Server account(s) upon and indication of such activity. In such case Momentum Hosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless Momentum Hosting from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Client’s Server account(s).

7. Limited Liability

7.1: The Client expressly agrees that use of Momentum Hosting service is at Client’s sole risk. Momentum Hosting, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, cannot warrant that the Momentum Hosting Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the Momentum Hosting Server service, unless otherwise expressly stated in this Agreement.

7.2: The Client hereby agrees that any material submitted for publication by Momentum Hosting through Client’s account(s) will not contain anything leading to an abusive or unethical use of the server product(s) or the host server(s). Abusive or unethical materials and uses include, but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.

7.3: The Client hereby agrees to indemnify and hold harmless Momentum Hosting from any claim resulting from Client’s publication of material or use of those materials. Momentum Hosting may or may not give notice before deactivating the use of an account(s) which Momentum Hosting decides is an abusive or unethical use of, or a potentially illegal use of the Server account(s) or host server(s). In such case Momentum Hosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. The Client hereby agrees to indemnify and hold harmless Momentum Hosting for any claim resulting from the submission of illegal materials.

7.4: Under no circumstances, including negligence, shall Momentum Hosting, its officers, agents or anyone else involved in creating, producing or distributing Momentum Hosting Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Momentum Hosting Server services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Momentum Hosting records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Momentum Hosting services.

7.5: Notwithstanding the above, The Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.

7.6: In the case of “Force Majeure” (as defined below), the Momentum Hosting will notify the Client at the earliest opportunity of the circumstances. “Force Majeure” will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of “Force Majeure”. “Force Majeure” means any event or thing outside Momentum Hosting reasonable control, which directly or indirectly causes Momentum Hosting Servers becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond Momentum Hosting reasonable control, which causes a delay or ultimately a failure to perform Momentum Hosting obligations under this Agreement.

7.7: If any term of this agreement becomes illegal, irrelevant or unenforceable, the validity of the remaining terms of this agreement is unaffected.

8. Support

8.1: Client agrees that Momentum Hosting is in no way responsible for providing support for editing or configuring of scripts, web pages, FTP transfer of files, problems that are the responsibility of the customer, or anything else that is not server specific related. Unless otherwise arranged with Momentum Hosting.

9. Indemnification

9.1: The Client agrees that it shall defend, indemnify, save and hold Momentum Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Momentum Hosting, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Momentum Hosting against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Momentum Hosting Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Server.

10. Termination

10.1: This Agreement may be terminated by either party, without cause, by giving the other party thirty (30) days written notice. Notwithstanding the above, Momentum Hosting may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.

10.2: In the event that it becomes necessary for Momentum Hosting to enforce the terms of this agreement Momentum Hosting shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney’s fees.

Acknowledgement and acceptance of this agreement is required for an account to be setup at/by Momentum Hosting. By signing-up for hosting services you indicate that you have read and understand this service agreement in it’s entirety and agree to be bound by it’s content.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.

The parties agree that this agreement shall be governed by and be interpreted according to the laws of the Commonwealth of Australia, and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the State of Queensland, Australia.

Privacy Policy Under current legislation, we are required to provide you with our Privacy Policy. We encourage you to read this, to ensure you are aware of how we protect the personal information you provide to us.