1. ACCOUNT SETUP / EMAIL ON FILE

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with GoMedia, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. GoMedia is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

2. CONTENT

All services provided by GoMedia may only be used for lawful purposes. The laws of Australia apply.

The customer agrees to indemnify and hold harmless GoMedia from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

GoMedia services, including all related equipment, networks and network devices are provided only for authorized customer use. GoMedia systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of GoMedia system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. GoMedia may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3. ZERO TOLERANCE SPAM POLICY

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

GoMedia reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

GoMedia reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of GoMedia.

4. PAYMENT INFORMATION

You agree to supply appropriate payment for the services received from GoMedia, in advance of the time period during which such services are provided. You agree that until and unless you notify GoMedia of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account\’s invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies GoMedia of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via email ([email protected]). Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. We require cancellation request to be confirmed (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of GoMedia, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify GoMedia of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by GoMedia. GoMedia reserves the right to bill your credit card or billing information on file with us. GoMedia provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to GoMedia for services rendered. Access to the account will not be restored until payment has been received.

It is the customer\’s responsibility to notify our sales team via email at [email protected] after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and GoMedia cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain\’s renewal.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact [email protected].

GoMedia reserves the right to change the monthly payment amount and any other charges at anytime.

5. BACKUPS AND DATA LOSS

Our server backup service is run everyday and records are kept of the previous day, week and month. This service is provided to you as a courtesy, GoMedia is not responsible for files and/or data residing on your account. You agree to take full responsibility for your files and data on your account and to maintain all of your own appropriate backup of files and data. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by GoMedia.

6. CANCELLATIONS AND REFUNDS

GoMedia reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via email [email protected]. GoMedia gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you\’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7A. RESOURCE USAGE

User may not:

1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8. Run cron entries with intervals of less than 15 minutes.
9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

Users are strongly recommended to:

1. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
2. To help reduce usage, do not force html to handle server-side code (like php and shtml).
3. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7B. INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

7C. BACKUP LIMIT

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8. BANDWIDTH USAGE

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9A. MONEY BACK GUARANTEE

On dedicated servers and collocation no full refund will be honored — the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of GoMedia\’s managed shared, VPS, and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

GoMedia will not activate new orders or activate new packages for customers who have an outstanding balance with GoMedia. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by GoMedia in writing.

Unfortunately though refunds are not available for domain name registrations, renewals and transfers. This is due to the administrative costs associated with each of these processes.

9B. UPTIME GUARANTEE

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of GoMedia dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server that may differ from the uptime reported by other individual services. To request a credit, please contact [email protected] with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10. RESELLER: CLIENT RESPONSIBILITY

Resellers are responsible for supporting their clients. GoMedia does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. GoMedia will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11. SHARED (NON-RESELLER ACCOUNTS) / SEMIDEDICATED SERVERS

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12. DEDICATED SERVERS

GoMedia reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. GoMedia reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact [email protected] if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13. PRICE CHANGE

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on GoMedia.com.au, and the right to increase the amount of resources given to plans at any time. This includes the amount of support (both technical and design) provided.

14. REFUND POLICY

At GoMedia we strive to deliver products and services that will meet your needs and keep you satisfied.

We do understand though that sometimes you can change your mind, and given this we like to offer a 30 day money back guarantee on hosting purchases you make with us from the date of purchase.

A couple of pretty fair exclusions to a full 30 day refund include the following:

• Refunds are not available for domain name registrations, renewals and transfers. This is due to the administrative costs associated with each of these processes. View list of domain price list.
• Refunds will not be given for any quality customisation work done by one of our staff; including, yet not limited to logo design, header design, theme customisation, social media management, website development, website design, app development, branding, brand management, website customisation and content management.
• You also may like to know that GoMedia’s refund policy is in addition to your statutory rights under the Trade Practices Act and similar laws.
• In some cases, if required we may need to request written authorisation in order to fully process product refunds.
• If you would like any more information or have any questions regarding our refund policy, please don’t hesitate to contact our team here at GoMedia.

15. COUPONS

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

16. WEBSITE SUPPORT PACKAGES

In order to utilise your support package you can either email us directly via [email protected] or create a ticket from within your GoMedia client area.

You have an allocated amount of hours per month depending on your support package. Each ticket that requires support by our team is classified as a support session. The time it takes to complete your support request will then be deducted from your monthly hours.

If general support is requested that does not fall under ‘Website Management’, such as but not limited to account management, website has crashed, billing or general enquiries, then no time will be deducted from your monthly hours.

Please note that support sessions are currently set at a minimum of 30 mins. So for example, if your tasks takes 10 mins, 30 mins will be taken out of your allowable hours for the month. Although if your tasks takes 35 mins, only 35 mins will be taken out of your allowable hours.

Additional hours are able to be purchased at a price depending on your current package plan and how many additional hours are required.

The Website Management package plans are a recurring payment, which is automatically charged each month. The payment amount is dependent on the package term you are currently on.

There are currently no refunds on unused hours, it is also not currently possible to carry unused hours over to following months. The support hours are reset each month with a successful renewal.

Cancellation can be made at any time after the original agreed upon term. Special cancellation arrangements can be made if cancelling prior to the end of an agreed upon term.

17A. INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold GoMedia harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney\’s fees asserted against GoMedia, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless GoMedia against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with GoMedia; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from GoMedia\’s server.

17B. ARBITRATION

By using any GoMedia services, you agree to submit to binding arbitration. If any disputes or claims arise against GoMedia or its subsidiaries, such disputes will be handled by an arbitrator of GoMedia\’s choice. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator\’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

18. SECURITY POLICY

When purchasing from GoMedia Group your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology. 256-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre [email protected]

19. DISCLAIMER

GoMedia shall not be responsible for any damages your business may suffer. GoMedia makes no warranties of any kind, expressed or implied for services we provide. GoMedia disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by GoMedia and its employees.

20. Approval of Final Work

While GoMedia takes all care to avoid errors, GoMedia accepts no responsibility for typographical errors, spelling mistakes, colours, images, copy errors or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork including images and colours. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has been accepted or gone to print due to oversights by “The Client’s” proof reading, colour outcomes, image quality .etc.

21. Privacy Act Disclaimer

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data. GoMedia does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the Privacy Act. If you have questions about the security of your data, you should contact [email protected].

In no event will GoMedia, its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, developments, or any user content, user websites or other materials accessed or downloaded through the services, even if GoMedia is aware or has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, GoMedia’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to GoMedia for the services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

22. Intellectual Property and Data Usage

GoMedia retains full ownership of design concepts and materials it produces. GoMedia has the right to create & retain a record of the completed projects by digital, photographic or other means & to use such material for publication, advertising or promotional purposes without client approval including all work undertaken through partner or retainer relationships. All work created by GoMedia or its employees remain the property of GoMedia, & GoMedia retains copyright & intellectual property rights including sketches, concepts and source files, documents or other means associated to a project or service delivered by GoMedia.

Unless the client requests otherwise, GoMedia retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

GoMedia reserves the right to use stock images, files, design material, icons and other free third part created files in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of GoMedia, all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. For additional usage, price will be assessed as needed.

23. Website Credit

“The Client” agrees to allow “GoMedia” to place a small credit on printed material exhibition displays, advertisements and/or a GoMedia Logo on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow “GoMedia” to place websites and other designs, along with a link to the client’s site on “GoMedia’s” own website for self promotional purposes.

24. DISCLOSURE TO LAW ENFORCEMENT

GoMedia may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

25. CHANGES TO THE TOS

GoMedia reserves the right to revise its policies at any time without notice. If you any questions or want more information about GoMedia’s business practices or TOS, please Contact Us.

Graphic design, strategy, website design and development, internet marketing and associated services are all highly creative and subjective art forms. As such GoMedia take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the GoMedia cannot be held responsible for variations between expectation and outcome.