Terms and Conditions
 

1.      AGREEMENT. In this Web Hosting Service Agreement ("Agreement") "you" and "your"  refer to each customer, "we", us" and "our" refer to Webextreme Pty Limited.. "Services" refers to the services provided by us and our affiliates, including our web hosting services via our professional affiliates. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such services or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

2.      FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable except those fees covered by the "30 Day Money Back Guarantee". As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services. By submitting to this Agreement, you represent that the statements you have made in are true and you will not use our Services for any unlawful purpose. 

3.      BILLING. If you have purchased a package that is billed monthly your credit card will be charged every month on the day you first purchased ANY products. If you have purchased a package that is billing yearly your credit card will be charged every year on the day you first purchased ANY products. The first date in which you purchase ANY products is your Billing Anniversary Date. Any subsequent recurring charges will be billed to your credit card on that date. Amounts will be prorated to align your charges with your Anniversary Date.

4.     CANCELLATION.If you do not wish to renew your Monthly or Annual Service agreement you must cancel your account by entering a ticket to our Billing group ie This e-mail address is being protected from spam bots, you need JavaScript enabled to view it  .
All cancellations must be requested via a "ticket" by selecting the option "billing" when using our ticketing system and subject cancellation . Cancelling an account does not equal "refunding" an account. A cancellation refers to the removal of user materials from our systems and the deactivation of services. You will be required to pay any outstanding charges owed. Domain Name Registrations CANNOT be cancelled. As the purchaser of the Domain Name you are the Domain Name's owner until the term of the Domain Name's registration has expired.

5.      BILLING DISPUTES AND BANK CHARGE BACKS. All Bank Disputes and Bank Issued Charge Backs result in the complete cancellation of your account. All Bank Disputes and Charge Backs are reported to the issuer's Credit Agency. Charge Backs result in the forfeiture of all Webextreme Pty Limited. services AND the purchaser's Domain Name. You will be charged a $60.00 reactivation fee in order to reactivate your account after a Bank Charge Back.

6.      SERVICE CHANGES. You are allowed to change your Web Site Hosting package at any time for FREE with up to 4 changes per annum. Any extra changes will be charged $19.99 per alteration.

7.      BILLING FOR ADDITIONAL BANDWITDH USAGE. Webextreme Pty Limited. customers are allocated a set amount of bandwidth with their hosting service depending on the package level purchased. If you exceed the amount of file transfer you will be restricted on any further file transfers. As user you are agreeing to monitor the total usage over the calendar month and regulate the usage according to limits set within selected plans. Additional bandwidth can be configured on request or upgrade to package level. All account upgrades must be requested via a "ticket" by selecting the option "general" when using our ticketing system and subject upgrade.

8.      ILLEGAL USE. Webextreme Pty Limited. Affiliate servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. In the event that there is any unlawful use of affiliate servers we reserve the right to deactivate your account forthwith. It is your responsibility to ensure that all material transmitted by our affiliate  servers is for lawful for purposes only.

9.       SECURITY. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

10. SERVER ABUSE. Any attempts to undermine or cause harm to a Webextreme Pty Limited. affiliate server or customers are strictly prohibited. This includes the abusive sending of unsolicited e-mail, also known as "Spam."

11. CUSTOMER CONDUCT. You are solely responsible for the contents of your transmissions through Webextreme Pty Limited. Affiliate Servers. Your use of the Webextreme Pty Limited. service(s) is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through Webextreme Pty Limited. Affiliate Servers; (2) not to use Webextreme Pty Limited. for illegal purposes; (3) not to interfere or disrupt networks connected to the Webextreme Pty Limited. Affiliate servers; and (4) to comply with all regulations, policies and procedures of networks connected to Webextreme Pty Limited. Affiliate Servers. You agree not to transmit through Webextreme Pty Limited. service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use and enjoyment of the Webextreme Pty Limited. service(s) or another entity's use and enjoyment of similar services. Webextreme Pty Limited. may, at its sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions

12. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS. You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. . It is also Webextreme Pty Limited. policy to terminate the privileges of customers who commit repeat violations of copyright laws.

13. ACTIONS TAKEN BY Webextreme Pty Limited.. Your failure to meet or follow any of the Terms and Conditions set forth by Webextreme Pty Limited. is grounds for account deactivation.

14.  MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail.

15. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

16. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products and services offered by Webextreme Pty Limited. or 3rd Parties or other information to add security or to enhance your identity on the Internet.

By accepting these Terms and Conditions and by using Webextreme Pty Limited. Services you agree to our stated Privacy Policy.

17.  LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our professional affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or e-mail service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

18. FAULTS WITH YOUR ISP You are responsible for any problems which may arise as a result of faults or problems with your internet service provider. We will provide 24 hour access to our affiliate servers except if there are problems with our affiliate servers which are beyond our control.

19. SET UP ASSISTANCE We will provide assistance at set up free of charge for a maximum of 1 hour. Thereafter we will provide assistance but will require that you first provide us with evidence that you have your own hardware checked by your IT consultant and that your ISP is free of faults.

20. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.

21. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate our Services, including but not limited to our web hosting services, without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

22. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

23. DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein.

24. REVOCATION. You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.

25.  RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to host your website or register you for other Services, or to terminate the Services we provide you within thirty (30) calendar days from receipt of your payment for such services. You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your website or register you for other Services.

26. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. E-mail notice shall be sent to you at the e-mail address you have provided in your registration application or as updated from time to time.

27. ENTIRETY. You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.

28. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.

PRIVACY POLICY

1.      Privacy
 Webextreme Pty Limited. provides many different services to it's visitors, members, and customers. This policy states the company-wide Privacy Policy with regard to data collection practices.
By visiting Webextreme Pty Limited, becoming a registered member or  customer of any service, or participating in promotions, contests, etc. you hereby provide your consent to the terms of this Privacy Policy, and are aware that our policy may change over time. Personally identifiable information can be used to directly identify an individual. Webextreme Pty Limited. requires personal information to be collected in order to create your account.
The personal information collected from our members and customers, or anyone that submits their personal information, is used to create and maintain the services requested. This includes corresponding with our members and customers by e-mail, postal mail, or phone. This correspondence is for the purpose of keeping our members and customers up to date with important system announcements and updates, and also for offering relevant third party opportunities via e-mail.
 Unsubscribe procedures from non-account maintenance notifications are posted at the bottom of each e-mail..

2.      Sharing of Information Collected by Webextreme Pty Limited 
 Webextreme Pty Limited. does NOT share the personal information of our customers with third parties without the specific consent of the customer. Webextreme Pty Limited.s FREE WEB HOSITING is supported by advertising placed on our member's FREE WEB SITE. There is NO ADVERTISING on our customers' PAID SERVICES. Webextreme Pty Limited. does share data collected from visitors and
 members of the FREE WEB HOSTING service with third party advertisers and advertising agencies so that they may target their advertising and provide better services.
 By registering for Webextreme Pty Limited FREE WEB HOSTING on our site you are consenting that we may share the information you provide to us with a select group of responsible partners. Webextreme Pty Limited. will cooperate, as appropriate, with police, judicialand other law enforcement agencies and disclose personal information and data upon receipt of the appropriate court orders. Webextreme Pty Limited.
reserves the right in the absence of a court order, to release information concerning a member or customer who Webextreme Pty Limited. believes is using its services for illegal activities.

3.      Server Security
 Data collected by Webextreme Pty Limited is stored in secure servers located in the United States. Webextreme Pty Limited  hosting affiliates have security procedures in place to protect the loss, misuse or alteration of information under its control. These security  measures include the necessary protection to prevent, as far as possible, access to Webextreme Pty Limited   databases to parties
 other than Webextreme Pty Limited . The utmost care is maintained to ensure your personal information is not at  risk.

4.      Review, Correction and Deactivation of Membership
 Customers and Members who have submitted personal information may, at any time, review the information relating to them contained in Webextreme Pty Limited databases and edit any incorrect information. To review the information follow the instructions provided
 within your account.
A member or customer may decide at any time to terminate his/her  relationship with Webextreme Pty Limited . Upon termination personal information is
 removed from Webextreme Pty Limited. databases. Please be advised that because of backups, and records of deletions, it may be impossible to delete all information about a citizen without some residual information still remaining.