Hosting Terms and Conditions

1. Description of Services

Boyd Design is a web presence provider allowing Client's web site to be accessed via Client's domain name (e.g. yourname.com) by anyone with access to a web browser connected to the Internet. Boyd Design provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting."

Web Hosting is not Domain Name registration. The registration of your domain name is a separate item and is not included in or affected by your web hosting service.

2. Authorisation of Charges (Payment of Fees)

Client authorises Boyd Design to charge credit card supplied by Client on the first day of the service period. Payments not received in Boyd Design’s corporate office by the fifth of the month will be subject to service interruption and subsequent reconnect fee of fifty dollars AUD.

The account holder is financially responsible for payment of all charges for services or products furnished to the account holder by Boyd Design or affiliates. As a courtesy, invoices are generated by Boyd Design prior to the service period. The absence or lateness of invoicing does not extend or modify payment terms.
If Client requests additional storage space Client authorises Boyd Design to charge an additional six dollars AUD per fifty megabytes of storage requested per month, or to upgrade to a more appropriate web hosting account.

If verification of Client's supplied credit card information fails requested charge by Boyd Design for initial monthly fees or for any of the monthly fees thereafter Boyd Design reserves the right to refuse, suspend, or cancel service pending Boyd Design's receipt of valid credit card information or payment by other means from Client. Client agrees to notify Boyd Design of any changes to Client's credit card information.

3. Account Cancellation

Account Holder must provide a minimum of 15 days advance notice to Boyd Design to cancel its Internet Services in whole or in part. Cancellations must be received in writing. Acceptable forms of cancellation are email, fax, or postal service. All unpaid charges must be satisfied prior to the return of any equipment.
Boyd Design offers a 15 day Money Back guarantee. If you are unhappy with the service or wish to close out your account you must do so within 15 days of your signup to receive a credit in full. Client is not eligible for any refund after the 15 day evaluation period.

Customers who sign up for the 12 month billing cycle are required to commit to the 12 month term. This is a contract term and any cancellation after the 15 day evaluation period will not receive any credit or refund for unused time of service

4. Content Restrictions

All services provided by Boyd Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Australian federal, state, or local law is strictly prohibited. This includes but is not limited to copyright or trademarked material and material protected by trade secret.

Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may imply sexual content; links to such adult content elsewhere are also prohibited.

Sites that promote any illegal activity, such as Warez sites, are discouraged but not prohibited; links to such materials are discouraged but are allowed. Actual files, including but not limited to pirated software and MP3 files, are strictly prohibited from being stored on Boyd Design's servers.

Examples of unacceptable content include the following: Adult sites, Pirated software, MP3 files or archives.

Boyd Design reserves the right to remove any material from Client's web space that is deemed unacceptable by us. Boyd Design reserves the right to terminate Client's account without refund at our discretion if said material is discovered. Boyd Design is the sole arbiter as to what constitutes a violation of the above provisions.

5. CGI or other mail Application Restrictions

The Client is allowed to freely install CGI applications; however, Boyd Design reserves the right to disable any application that unreasonably affects or interferes with normal server operations. Said situation is highly unlikely.

Client will not install Client's own chatroom of any kind because they tend to be large "system hogs".

6. Spam Policy

Boyd Design servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.

Boyd Design considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred-fifty (150) dollars AUD will be imposed for each Spam policy violation. Boyd Design is the sole arbiter as to what constitutes a violation of the above provisions.

7. Server Abuse

Any attempt to undermine or cause harm to a Boyd Design server or another Boyd Design Client is strictly prohibited.

Any attempt to undermine any Boyd Design web site or a web site of another Boyd Design client is strictly prohibited and may result in immediate termination of services rendered by Boyd Design without refund. Boyd Design is the sole arbiter as to what constitutes a violation of the above provisions.

8. Indemnification

Client agrees that it will defend, indemnify, and hold harmless Boyd Design from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Boyd Design, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

The Client agrees that it will defend, indemnify, and hold harmless Boyd Design against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with Boyd Design’s servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from Boyd Design's servers.

Boyd Design assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one of them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

9. Disclaimer

Boyd Design will not be held responsible for any damages you or your business may suffer. Boyd Design makes no warranties of any kind, expressed or implied, for services rendered. Boyd Design disclaims any warranty or merchantability or fitness for a particular purpose. Boyd Design assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Boyd Design will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Boyd Design.

10. Term

The term of this Agreement will continue until a notice of cancellation by Boyd Design or Client is given, or until terminated under other provisions of this Agreement. Boyd Design reserves the right to terminate this Agreement without cause upon notification to the Client. Boyd Design may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Boyd Design to implement this Agreement is disrupted or terminated for any reason.

11. Presumption of Agreement

By signing up with Boyd Design, be it using Boyd Design's online sign up form or contacting in any way an employee, officer, agent, or director with request for Boyd Design to provide Client services, Client (1) authorises Boyd Design to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; (2) re-delegation and or transfer of domain names and (3) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in a court of law.

12. Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Boyd Design will be entitled to damages, costs, and attorney's fees from the Client.

13. Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted.

Boyd Design may make amendments or modifications to this Agreement at any time. Whenever practical, Boyd Design will notify Client of changes to this Agreement.