1.1 These General Terms & Conditions apply to the services provided by GreenAnt Network (GreenAnt, we, us, our) to you as a user and customer of our services (you, your).
1.2 Your Contract with us for each Service is made up of:
These General Terms & Conditions;
Any relevant Service Terms;
Our Acceptable Use Policy; and
1.3 The documents listed above supersede all prior arrangements (whether written or oral) in relation to their subject matter.
1.4 We may change the terms of your Contract by giving you notice of the change and posting new versions of any online terms on this page. If you continue to use the Service after that notice period, you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:
the change will benefit you or have a neutral impact on you, we may make the change effective immediately and without advance notice;
the change is required to comply with any law or requirement of any regulatory body (including ICANN, auDA or any other domain name regulatory body), we will provide a reasonable period of notice not exceeding 3 days;
for all other changes, we will give you at least 30 days' notice.
2. Supply of Services
2.1 We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Service is terminated in accordance with the Contract. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of the Service or as a result of a change to the conditions of supply by that supplier.
2.2 Monthly contracts will roll on a monthly basis without notice to you. Fixed contract period Services (other than a month-to-month contract) will automatically roll over for a further fixed contract period on the date notified to you by our reminder notice.
2.3 If your fixed contract period Service is to be auto-renewed, we will notify you of, and provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or "do not renew" advice in time, we will auto-renew the Service to ensure it continues uninterrupted. Your Service will be renewed for the same duration at the then current applicable charges published on our website.
2.4 Nothing in the Contract transfers to either party any intellectual property rights ("IPR") owned by the other party existing prior to the commencement of the Services. All IPR in the materials produced by us in connection with the Services (including websites, designs, information, reports and data) other than your pre-existing IPR, are and will remain owned by us. We grant you a perpetual, irrevocable, non-exclusive, royalty-free licence to use those materials for your internal business purposes (but not to disclose them to third parties unless otherwise agreed in writing).
3. Provision of Secure Access to GreenAnt Systems
3.1 You must keep all login details secure and confidential at all times and must not disclose them to anyone else (except those of your employees who need to know them for the purposes of their employment).
3.2 You agree that you are totally responsible for all actions of the people (if any) to whom you provide your login details (whether knowingly or not, and whether directly or indirectly) while they obtain access to our systems using those login details, and that we are entitled to treat instructions provided by those people through such access as instructions originating from you.
3.3 You must notify us immediately of any breach of security or unauthorised use of your login details to access our systems. We will not be liable for any loss you incur due to any unauthorised use of your login details.
4. Your Obligations
4.1 You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:
Responding promptly to our communications in relation to the Services; and
Providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Services.
4.2 You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to us, any content that you upload to your Service, and merchant services agreements between you and the relevant financial institutions.
4.3 You indemnify us from and against any and all liabilities incurred by us in connection with our:
Use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you; or
Compliance with any directions or instructions by you in relation to the provision of the Services.
5. Fees and Payments
5.1 You must pay us the Services fees as described and by the due date specified in any invoice sent to you or as required at the time of purchase. Yearly subscriptions are payable within 30 days of invoice issue and monthly subscriptions are payable within 7 days of invoice issue.
5.2 Upon provision of a credit card account, you authorise us to automatically debit your nominated credit card for all charges on issuance of a valid invoice. To minimise service disruption due to credit card expirations, our billing systems will automatically attempt to update the expiry date of your credit card when necessary to process payments, however we do not guarantee this will be successful. We remind you that it is your responsibility to ensure your credit card details are kept up to date at all times.
5.3 Monthly, quarterly or bi-annual fees are not refundable if your Service is terminated part way through a payment period.
5.4 Unless the Service Terms provide differently, and with the exception of the 14 Day Money Back Guarantee, if you terminate a fixed period contract (annual or longer) before the end of its term, you will be charged an early termination charge equal to 6 months' fees or the fees for the rest of the contract term, whichever is the lesser (Early Termination Fee). If you have prepaid fees for the fixed period contract and there is greater than 6 months remaining, on request, you will be refunded the balance of the prepaid fees minus the Early Termination Fee. Refunds are not available for domain names. -Let me know if you think this is what our formal policy should be. Realistically we'd probably be
5.5 Without prejudice to our other rights and remedies under this agreement, if any Services fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made (including any interest charged on overdue amounts, calculated at the daily rate of 10% per annum). -
5.6 If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you.
5.7 Some customers nominate to transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within their account. In the event that there is an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on the account for a continuous 12 month period. -I think we should take this out
6.1 Either party may terminate this Contract immediately by notice in writing to the other party if:
the other party commits a material breach which cannot be remedied, of its obligations under the Contract;
the other party commits a remediable material breach of its obligations under the Contract but fails to remedy that breach within 14 days of being required to do so in writing by the first party; or
an insolvency event occurs with respect to the other party.
6.2 If we terminate a Service for a reason set out in 4.1, we shall also be entitled to immediately cease any of our other Services to you.
6.3 If you wish to terminate your account, you can cancel your account by sending an email to firstname.lastname@example.org outlining the services you wish to cancel. Otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period.
6.4 Where the Contract does not state expressly that the Services are to be provided for a minimum fixed period or, following the expiry of such a period if specified and where renewal of a further fixed period has not occurred, either party may terminate the Contract on 30 days' written notice to the other.
7. Money Back Guarantee -
7.1 Only new purchases (excluding renewals) of the products listed below are eligible to participate in the 14 Day Money back Guarantee program. Products and Services covered by the Guarantee, are:
Cloud Hosting These should line up with our product categories
cPanel Hosting - not applicable
7.2 In order to claim a refund:
You must send an email to email@example.com within 14 days from the date that the service was provisioned as defined by the invoice creation date. You will then be provided with an acknowledgment receipt with a unique identification number. If you do not receive the acknowledgement receipt, your request has not reached our system and you should either resend your email or call us immediately.
Upon receipt, the request will be vetted for eligibility. If the request is determined to be ineligible, the request will be treated as a standard cancellation.
If the request is deemed eligible, you agree to provide us 10 working days to resolve any issue you may have with the Service. If you remain dissatisfied with the outcome at the end of the consultation process, we will provide a full refund of the Services fees.
Refunds will be made to either the credit card used in the original transaction or by way of direct deposit to a nominated bank account. Under no circumstances will cheques be issued.
7.3 The 14 Day Money Back Guarantee does not apply if the Service has been:
discounted by greater than 20% from the normal published web prices; or
upgraded within the past 3 months, irrespective of whether a pro-rata credit was applied or not.
7.4 Should the Service purchased be part of a product and/or service bundle that includes components that are ineligible for the Guarantee, only the eligible components in the bundle will be considered for refund as part of the Guarantee.
8.1 If you are not the customer, you warrant that you have the power and authority to enter into this Contract on behalf of the customer and will indemnify us for any breach of the Contract by the customer.
8.2 We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.
8.3 You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so. this is reasonable
8.4 All terms and warranties which might otherwise be implied by any legislation, the common law, equity, trade, custom or usage or otherwise in to the Contract, are expressly excluded to the maximum extent permitted by law.
8.5 If any goods or services supplied pursuant to this agreement are supplied to you as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation ("the Acts"), you will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which is so conferred by the Acts. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, we limit our liability to:
in relation to goods - the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or, the repair of the goods or payment of the cost of having the goods repaired;
in relation to services - the supplying of the services again; or the payment of the cost of having the services supplied again as in each case we may elect.
9.1 Nothing in the Contract excludes or limits either party's liability under or in respect of:
Any fraud or other criminal act;
Personal injury or death caused by the negligence, breach of contract or other wrongful act or omission of that party; or
Any other liability that cannot be excluded by law.
9.2 To the maximum extent permitted by applicable law, neither party is liable for:
any indirect, special or consequential loss or damage, any loss of profit, revenue or business opportunities, loss of or damage to data or loss of goodwill arising out of or in connection with the Contract (whether or not the loss or damage may reasonably be supposed to have been in the contemplation of the parties as at the date the Contract was formed as a probable result of any act or omission);
any loss or damage to the extent such loss or damage is caused or contributed to by the other party's negligence, breach of contract or other wrongful acts or omissions; or
any claim made 6 months or more after the circumstances giving rise to the claim first became known by the claimant or could, with reasonable diligence, have become known by the claimant.
9.3 Each party's aggregate liability for any loss or damage in connection with the provision of the Service, which is not excluded or limited under this clause 6 is limited to the charges paid by you in respect of the Services for the preceding 12 months to any such claim.
10.1 Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.
10.2 Neither party may assign its rights or obligations under this Contract without the written consent of the other party which consent will not be unreasonably withheld; provided, however, that we may assign this Contract to a successor in connection with any merger, acquisition, or sale of all or substantially all of our business or assets to which this Contract relates.
10.3 We are free to sub-contract any of our obligations under the Contract, but such sub-contracting will not release us from our liabilities under the Contract.
10.4 The Contract is to be interpreted in accordance with the laws of the State of Victoria.
11. Additional Information
11.1 For further information on your ICANN Registrant Rights, see this link
Privacy, Security and Data Ownership:
GreenAnt respects your privacy and is committed to its protection. We are bound by the Australian Privacy Principals of the Privacy Act 1988(Cth).
2. How GreenAnt is Different
As opposed to most internet services, GreenAnt believes that you have the right to control your data use and privacy. therefore:
we do not use your information for marketing
we do not sell your information to third parties
we do not track usage apart from where necessary to solve network problems or improve your service
we do not respond to requests for your information from any third party and refuse to provide user details unless expressly required by warrant
we will inform users of any requests for your information
you retain all rights to your information, including copyright and redistribution rights
3. Why and When GreenAnt Collects Your Information
GreenAnt collects the information you give us either online or by email, post, facsimile, face to face, over the phone. In most cases, the personal information GreenAnt will collect from you is the personal information required in order to provide services to you, and also for ongoing management and support of those services.
This information may include your full name, mailing address, phone number, email address, ABN, facsimile number and other relevant additional details.
If required by your chosen payment method, we may also collect your payment details such as your credit card number or bank account details.
4. How GreenAnt Uses Your Information
We collect and use your personal information to deliver our services to you. This will include provision to you of sales and technical support, billing and credit control, renewal notices, maintenance notices, system changes and other functions relevant to your services with us.
As a domain name registrar, we are required by ICANN (the Internet Corporation for Assigned Names and Numbers) to make available the personal information we collect from you when you apply to register any generic top level domain names (eg., com, net, org, biz, info and name) to the public on a publicly accessible database known as the WHOIS database. This obligation also applies to some of the country code top level domains including the .au domains.
The public policy behind this requirement is that the personal details of domain name licence holders should be freely available to all other users of the Internet. This public policy is adopted by the domain name industry as a whole. The requirement means, however, that GreenAnt will not be able to control how members of the public may use the information made available on these publicly accessible databases.
In addition, ICANN has another mandatory requirement that all its accredited registrars make the WHOIS database of personal information for com, net and org available for bulk downloads by third parties who have entered into a bulk access agreement with GreenAnt.
Where you purchase a digital certificate through us, we are required by the provider of those certificates to collect personal information from you to pass back to that provider (other than your payment details, which we hold internally).
5. Disclosure of Your Information to Third Parties
We do not disclose your information to third parties (except where expressly required by law)
6. Accuracy / Access
You may access and update the personal information we provide to the registries in respect of your domain name licence at any time.
If you believe that GreenAnt may hold other personal information about you that is inaccurate, or you wish to change or update any of the personal information you have provided, please email our Privacy Officer at firstname.lastname@example.org
The transfer of information across any media may involve a certain degree of risk, and the Internet is no different. However, helping you to keep your information secure is very important to GreenAnt.
At GreenAnt we treat your data with the utmost security and use a range of technologies and policies including firewalls and access controls and restrictions to ensure that your data is secured not only from access and visibility but also from unauthorised alteration or erasure.
You can also use simple precautions to help protect your security, such as protecting against the unauthorised use of your username or password or other authentication ID.
Acceptable Use Policy:
1. Unacceptable Uses
1.1 Breach of Law: You must not use our Services, attempt to use the Services or allow the Services to be used for any acts which may or do in fact result in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation). These include:
Actual or possible damage to property or injury to any person, including harassment, menace or stalking of a person;
Publishing, downloading or transmitting any Prohibited Content or Potentially Prohibited Content. This includes content which is or would be classified RC, X18+ or R18+ by the Classification Board.
Publishing, downloading or transmitting Restricted Content, that is content that is likely to be considered unsuitable for minors without using appropriate warnings and/or labelling systems for that content;
Publishing or transmitting material which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality; or which is obscene or defamatory, or which would be considered by a reasonable person to be, offensive or abusive;
To engage in any misleading or deceptive business or marketing practice;
Providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
Infringement on the rights of a third party including intellectual property rights and moral rights.
1.2 Impeding our Services: You should not use our Services in such a way that impedes our supply of services to other customers including:
making or receiving transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;
undertake acts that waste resources or prevent other users from receiving the full benefit of our services;
manipulating or bypassing our content usage limits;
undertake activities which cause or may cause third party service providers to place GreenAnt's IP addresses on a blacklist and/or block those IP addresses;
soliciting subscribers to become subscribers of other competitive services.
1.3 Spam and Malware: You must not use our Services, attempt to use our Services or allow our Services to be used for spamming or malware including:
end email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
providing a capability on a site which permits third parties to send spam;
In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data;
To access or use systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you.
1.4 You agree to GreenAnt's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
1.4 Military: We so not permit the use of GreenAnt services for military personnel or for the purpose of producing or procuring weapons or equipment used for the suppression of human expression.
2. Complaint Procedure
2.1 If we receive complaints from third parties regarding unacceptable uses, allegedly being conducted by customers or their users. We will make reasonable endeavours to resolve such complaints by working with customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where we reasonably believe that we must take urgent action without reference to the customer.
2.2 If we are unable to resolve the complaint by working with customers, our policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, you authorise and direct us to provide to third party complainants your email contact details for the purposes of resolving such disputes.
3.1 We may monitor your account to determine our Acceptable Use Policy is being followed but will respect your privacy.
3.2 If we believe that your use of the Service may break the law or that you have not complied with this policy we may:
warn you by email (but we are not obliged to do so);
suspend your access to the Service;
terminate your account without notice; and/or
notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
3.3 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:
where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the customer data is illegal, offensive, objectionable or in breach of a third party's rights;
if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended);
if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).
3.4 You agree that you will have no claim against us in respect of any action reasonably taken in our implementation of the terms of this Acceptable Use Policy, and you indemnify us against any claim by your end user arising out of our actions.
Domain Service Terms:
1. Domain Name Registration Agreement
1.1 Registration Agreement:
This Registration Agreement is submitted by you (being an individual or entity), the applicant for, and on registration, the licence holder of a domain name to GreenAnt for the purpose of becoming the licensee of a particular domain name.
This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. You agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.
1.2 Rules of Registration:
A registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you, even if we have accepted your payment for registration. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active. The customer of these other services will continue to be billed in accordance with the relevant terms and conditions.
2. TLD Specific Terms
2.1 The following provision apply to this Registration Agreement depending on the TLD space of the domain name.
.com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement
.org.au and .asn.au can only be registered by a "non-commercial organisation". The domain name you register needs to have a solid relationship to the organisation to which it represents.View the .au Domain Registrant Agreement
.id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant's personal name or otherwise closely connected to the registrant. View the .au Domain Registrant Agreement
.com and .net domain names are not restricted and can be registered by anyone. View the .com, .net Domain Registrant Agreement
.biz, .org and .info domain names are not restricted and can be registered by anyone. View the .biz, .org, .info Domain Registrant Agreement
New gTLD domain names include a number of generic spaces (.photography, .technology, .club etc.) and certain geographical names (.kiwi, .melbourne etc.). Eligibility restrictions may apply to each space — please check on our website and the New gTLD Domain Registration Agreement for further information. View the New gTLD Domain Registration Agreement
.nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them - there are no restrictions on .nz domain names. View the .nz Domain Registrant Agreement
.uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them - there are no restrictions on .uk domain names. View the .uk Domain Registrant Agreement
.mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.
.cn domains can no longer be registered in Australia. This information is for reference purposes only. View the .cn Domain Registrant Agreement
3. ICANN Mandated Terms and Materials
3.1 GreenAnt provides registrar services for gTLD domain name spaces. We are required to incorporate mandatory terms consistent with ICANN rules and materials into our Terms and Conditions. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to be bound by them:
4.1 All whois privacy applications are subject to the relevant requirements and policies of Domain Privacy Services Pty Ltd and are based on your agreement to the terms of these services upon sign-up. By applying for and using Whois Privacy Services either directly or through a third party of private registry authority, you understand and agree to all policies, both provided and referred by Domain Privacy Services Pty Ltd.
5. SSL Certificates
5.1 Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.
5.2 GreenAnt provisions digital certificates via the Certification Authority, Geotrust. If you are purchasing or renewing a digital certificate or seal, you agree you accept the relevant terms and conditions of GeoTrust which is located at http://www.geotrust.com/resources/repository/legal/.
Specific Products and Services Terms:
1. Web Hosting and Email
1.1 There are no excess bandwidth charges for websites and emails, however, malicious use of bandwidth will be investigated and may result in a warning and suspension of accounts. Should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
1.2 Any site that results in the rapid creation of large volumes of files (thousands), will be considered possibly malicious or infected and will be subject to review and possible suspension.
1.3 Running standalone, automated server-side processes is not permitted, including, but not limited to any daemon;
Running any bittorrent application, tracker or client;
Participating in file sharing or other peer to peer sharing activity without permission;
Executing any script for longer than 180 seconds;
Executing any database query that takes longer than 30 seconds to complete;
Specifying cron tasks that execute more frequently than every 300 seconds.
1.4 You acknowledge and accept that it is your responsibility to register, maintain and renew any supplied domain name associated with another registrar or reseller separate from GreenAnt. Should the supplied domain name expire or fail for any reason causing the functioning of the service to be affected, you agree that you will remain liable for any ongoing Service fees.
1.5 We will setup and provision your desired email address mailboxes using the supplied domain name and notify you once this has completed. If you wish to add or remove Mailboxes from the supplied domain name, you must contact us to provision such changes. Creation/deletion/modification of Mailboxes may take up to 3 business days to process. Additional charges may apply to add mailboxes to your service.
1.6 Standard email and web hosting services do not include data migration support. You acknowledge and accept that it is your responsibility to backup and migrate data between this service and any other email hosting facility. You agree that we are not responsible for any data loss that may occur during the provisioning of this Service or data migration to/from this Service.
1.7 You warrant that:
you have all necessary rights to any software, services or data you may use with this service; and
your access and use of this service will not infringe any applicable laws or regulations or third party's intellectual property rights.
2. Virtual Private Server
2.1 Acceptable Use: You and your end users must abide by the terms of our Acceptable Use Policy. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.
2.2 You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $10/GB to the nearest whole GB.
2.3 The following activities are expressly prohibited:
Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;
Running standalone, automated server-side processes including but not limited to any daemon.
Running any bittorrent application, tracker or client;
Participating in file sharing or other peer to peer sharing activity
Executing any script for longer than 180 seconds;
Executing any database query that takes longer than 30 seconds to complete;
Specifying cron tasks that execute more frequently than every 300 seconds.
2.4 Service Levels: GreenAnt warrants that your uptime availability will be at least 99.9% except where failure results from:
Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
Your act or omission or that of a person under your direction or control;
scheduled maintenance completed within the notified maintenance window;
a requirement, direction or any other order issued by an authority with jurisdiction over the service;
unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.
2.5 The uptime service level is not met if:
Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
Latency across the our network exceeds 120 milliseconds, for longer than 300 seconds.
2.6 As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:
Outage (in hours) Service Credit (percentage of monthly fees)
<0.7 – 7.210%
<7.2 – 14.420%
<14.4 – 21.640%
<21.6 – 28.860%
2.7 Processing of your claim will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the relevant incident.
2.8 At your request, GreenAnt will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If GreenAnt reasonably determines that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.
2.9 Support Services: Your service is defined as "unmanaged" unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.
2.10 Your obligations include:
Documentation and prompt reporting of all errors or malfunctions of the hardware or software to us;
Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore systems to the original configuration and you will be responsible for restoration of data.
Maintaining security of your network and applications;
Performing the role of "system administrator" which includes collection of tasks related to utilising system software;
maintaining users, websites, email setting; configuration of databases; uploading content and any and all associated programming.
2.11 You acknowledge:
Operating systems, together with any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular function;
Technical support is limited to hardware and network failures, unless you have purchased VPS administrator support. Support relating to software or code is a billable professional service with a minimum charge of 1 hour.
2.12 We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience.
3. Sandstorm Services
3.1 Sandstorm Services include applications developed by a variety of open-source developers. We provide no warranty in respect of the stability or security of the particular applications.
3.2 We encourage users to backup their Sandstorm Grains to prevent loss of data due to inadvertent deletion.