1300 734 660  
Call and speak to us today!  

Terms & Conditions

MD Web Hosting Pty. Ltd. will hereby be referred to as "we", us", "our". The customer will be referred to as "customer", "you" or "I".

1.1 Account Setup

1.1.1 Eligibility

• Our services are only made available to individuals who can form legally binding contracts. Without limiting the following, our services are not available to suspended or ineligible customers. This includes 3rd parties who make use of a suspended customer's website or the services contained therein.


• Persons under the age of 18 require parent or guardian supervision, or some other agent who is at least 18 years authorised to represent you.


• You warrant that all actions that you make are done so in good faith and that you have no knowledge of your actions infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.


• If you do not qualify, please do not use our services.

1.1.2 Cleared Funds

• We will set up your account only once payment has been cleared, and our payment partners have screened your order for fraudulent activities.


• You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment of the card to +61 1300 659 100 before your account is activated.


• If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address which is not at the domain you are signing up under.

1.1.3 Self Service

• We are not responsible for maintaining or authoring your website. Once your account has been set up, it is entirely your responsibility to create your site. If this seems difficult we have several Web Design packages available.

1.1.4 Assigning Products

• Once ordered, products and services cannot be assigned across separate accounts. If required you may merge all duplicate accounts into one account.

1.1.5 Primary Account Holder

• Only the authorised person listed on the account entered at sign-up will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with an email address and password which is required to access My Account for billing and technical support.


• You are required to login before we support your account. Once logged in, requests received from your account will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone.


• MD Web Hosting may also verify your identity by asking security questions as described in our privacy policy. The client agrees to provide this information before assistance can be provided to them.

1.1.6 Change of Ownership

• If you wish to change the legal ownership of a whole account (and all products and services under it) there is a AU$99.90 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to fax MD Web Hosting a signed letter which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership on the account.


• Changing the legal ownership of an account does not include updating the legal registrant information for a .au domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.


• If the primary account holder cannot be contacted:
  - A corporation or business should send a transfer request on their company letterhead, faxed or mailed to MD, as well as filling out the 'Change of Nominated Account Holder: Corporations' Form
  - An individual should send a copy of relevant divorce/marriage/death certificates and/or signed statutory declarations (documents required will depend on circumstances), as well as filling out the 'Change of Nominated Account Holder: Individuals' Form

1.1.7 Domain Names

• Domain names are usually invoiced 14 days prior to their expiry and will be renewed on the invoice due date assuming that payment has been received and applied to the invoice. If you do not wish to renew your domain, please submit a request to remove it from your account at least five business days prior to the renewal so that you are not rebilled for the domain. If you do wish to renew your domain names, please make payment on the invoice(s).


• Even if you have received an invoice and/or funds have been removed from your account, this is not confirmation that your domain has been renewed in your name. It remains entirely your responsibility to ensure that legal ownership is vested in your name. This includes taking reasonable steps to make sure that the renewal has been successful.


• You must inform us immediately if your domain has not been renewed or risk losing legal ownership.


• MD will not be liable in any way whatsoever if a domain renewal is not successful and the customer has not not exercised due diligence to rectify this, in line with our limitation of liability set out below in this agreement.


• In the case of gTLDs, a domain is sometimes recoverable after expiry by paying eNom USD$160 to remove it from RGP (redemption grace period) status. In all situations you agree to pay the RGP recovery fee in full if you wish to recover the domain.

1.1.8 Price Locked

• You will be charged the same price for your domain name renewal as when you signed up. The pricing is locked in by our billing system.

1.2 Payment

• 1.2.1 The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis.


• If you want to cancel your account, you must follow our official cancellation procedure.


• 1.2.2 All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of MD.


• 1.2.3 Your account will not be created or work performed until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services.


• 1.2.4 We reserve the right to change and refuse payment methods to clients at our sole discretion.

1.2.5 Administration Charges

• If you have made an over payment on your account and require a refund, you will receive a refund, minus a AU$5.00 administration charge, to cover our bank fees and company administration.


• If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of AU$22.00 and suspend your account.


• Dishonoured cheques will attract an administration charge of AU$30.00.


• If you submit a domain registration or transfer order to another company as well as submitting the same registration or transfer to MD, you will be charged a AU$22.00 administration fee when requesting a refund. You must allow us an opportunity to fulfil the submitted order.


• You agree to be subject to whatever other administration charges are applicable to the circumstances. These are listed in our 'Other Charges' section. These charges are incorporated as part of this agreement.

1.2.6 Payment Options

1.2.6a PayPal Payments

• If you have signed up using PayPal subscription your PayPal account will be rebilled on the due date of future invoices. Our system generates and emails you an electronic invoice when your domain and/or services are due for renewal. It is your responsibility to keep Your PayPal Account current and make sure it has sufficient funds.

1.2.6b Credit Card Payments

• If you have signed up using a credit card your credit card will be rebilled on the due date of future invoices. Our system generates an electronic invoice 10 days prior to your domain and/or service renewal date.

• 1.2.7 Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in your credit card account we reserve the right to add AU$1.00 per failed transaction to your account to cover our transaction fees. We also reserve the right to change your billing method from automatic credit card payments to manual payments where the user is required to login and make payment.


• 1.2.8 You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.


• If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a AU$50.00 administration fee applies per chargeback request.

1.3 Accurate Customer Details

• 1.3.1 You agree to keep your contact details accurate and up-to-date. If your details change, you must contact us as soon as possible to notify us.


• MD may suspend or cancel an account if customer information is false or inaccurate.


• 1.3.2 You agree to inform us of any changes within five days of any changes occurring, or risk being in breach of this agreement.

1.4 Suspension

• 1.4.1 We reserve the right to suspend your account, including all your domain names, if you have an outstanding invoice or account or if your account is in dispute, or as part of a dispute resolution procedure.


• If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it, including your domain names.


• 1.4.2 MD does not offer free support resources for suspended accounts. See Cancellations below for more information.


• 1.4.3 MD shall continue to rebill a suspended account as normal notwithstanding that you may not be able to access any products or services.


• 1.4.4 If your account remains unpaid for 45 days your information will be passed onto a collections agency for debt recovery. You will be charged the account balance plus a 25% premium and GST. Your information may also be given to legal practitioners and credit agencies if proceedings are initiated or debts remain unpaid.


• 1.4.5 We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where MD Web Hosting has been given misleading or false information regarding the type of web site to be hosted.


• 1.4.6 We reserve the right to seek and claim damages and losses from suspended accounts. We may use whatever legal means necessary to recover any outstanding debts.

1.5 Cancellation

• 1.5.1 MD Web Hosting reserves the right to cancel your account at any time. Without limiting the following, we will cancel your account or transfer any domain name registration at our discretion to:
  - Protect the stability of the registry
  - Comply with applicable laws, government rules or requests of law enforcement
  - Comply with our upstream service providers
  - Avoid liability, civil or criminal, on the part of MD, as well as its affiliates, subsidiaries, officers, directors and employees


• 1.5.2 MD also has the right to cancel your account if we find that you have been engaging in:
  - Deceptive, improper or misleading conduct
  - Providing false information
  - Extortion
  - Harassment, abuse or swearing
  - Unlawful activities
  - Conduct that breaches this agreement


• If you have paid for a year's access and received a free domain name, the domain name will remain the property of the registered owner.


• 1.5.3 Requesting a cancellation:
  - Login to MyAccount (found in the top menubar of our homepage)
  - Submit a ticket to the Service Removal department. All other requests to cancel your account are not considered official, and you will be redirected to the cancellation form to finalise your request.
  - Ensure your account is paid in full, else the cancellation will not be successful.
  - You must provide at least 7 days notice prior to your service renewal date if you do not wish it to renew


• Once you have cancelled your account, MD shall offer no more free support resources for domain names, web hosting, SSL, or any other services or products whatsoever.


• 1.5.4 If you have cancelled your account with MD and would like to reactivate your account, you will need to place a new order.


• 1.5.5 If you downgrade to a lower package (remove features from your current server setup) a AU$22.00 charge applies per change.

1.6 Spam and Leeching

• 1.6.1 We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy at our sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.


• 1.6.2 We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.


• Alternatively, you agree to pay MD liquidated damages of AU$1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, including any 3rd party accounts you hold as part of our reseller programs.


• 1.6.3 The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a clean up charge at the discretion of MD Web Hosting. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. running an online store.

1.7 Publisher and author of web site

• 1.7.1 MD does not create or publish web sites and is not the publisher or author of any web site you host or create. As the publisher, author, or reseller, it is your responsibility to ensure your web site(s) do not breach our terms and conditions or interfere with the server functions for other users. If your site, content or actions interferes with server functionality, causes network connectivity issues or attracts any form of distributed denial of service attacks (collectively, a 'service interruption event') whether on purpose or otherwise, then MD reserves the right to charge you for cleanup fees, loss of revenue, and other direct expenses caused by the service interruption event as applicable. MD reserves this right irrespective of whether you have explicit knowledge of the service interruption event or not. It remains entirely your responsibility to not host content that may have the potential to cause service interruption events.


• 1.7.2 MD is not a web site publisher and is not responsible for or endorse the content hosted by or activities performed by you whilst using our services or by any sites you host.


• 1.7.3 MD provisions our web site builders and other related software to clients to allow them to create and publish web sites. The client agrees the web site and material they design and publish, will not breach our terms and conditions and they are the sole publisher and author of their web site.


• 1.7.4 From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. MD Web Hosting is this instance does not become the web site publisher and/or author and is making these changes by instruction of the Primary Account holder.

1.8 Improper Content

• 1.8.1 All products and services provided by MD Web Hosting may only be used for lawful purposes. The customer agrees not to host materials or engage in activities as set out below. We reserve the right to refuse service based on these conditions.


• 1.8.2 MD does not endorse any web site content hosted on our network and the content remains the property of the web site owner.


• 1.8.3 You must not engage in any of the following activities:
  - Defame embarrass, harm, abuse threaten, slander or harass third parties
  - Use any RC bots
  - Use any proxy servers or other servers
  - Hack sites or run malicious scripts
  - Post pornographic material, particularly illegal child-pornography (however, adult or R-rated content is acceptable)
  - Post material which encourages unlawful behaviour by others, such as hate crimes or terrorism
  - Run any sort of hate/extremist sites
  - Engage in spamming
  - Breach copyright, trademarks, servicemarks or patents. This includes the posting of Warez or pirated software on your service, or linking to such material even where such material is not controlled by MD.
  - Engage in actions which are prohibited by the laws of Australia and/or foreign territories in which you conduct businesses
  - Post material which is tortuous, vulgar, obscene or invasive of the privacy of a third party


• 1.8.4 This is not an exhaustive list. Other activities deemed improper, illegal or dangerous may also breach this agreement.


• 1.8.5 If your web site is suspended and/or hosts any of the unacceptable material as set out above, we reserve the right to charge a clean-up fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of AU$79.90 per hour (minimum 1 hour).


• It will remain your responsibility to resolve the issues after we inform you of the breach.

1.9 Support

• 1.9.1 You have read and understood and are bound by our Support Policy. Our support policy outlines our support procedure, free support and extended support, as well as types of support we offer and their use.


• 1.9.2 If you are experiencing difficulties or issues with any services or products, you are required to notify us of the issue immediately so we may resolve the issue.


• 1.9.3 If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue.


• 1.9.4 We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters. You must allow a reasonable time period for your issues to be resolved.

1.10 Resource Usage

• 1.10.1 Users may not attempt any of the following:
  - 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, scripts, FTP, PHP, HTTP, Mail, etc.
  - Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  - Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  - Run any software that interfaces with an IRC (Internet Relay Chat) network.
  - Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
  - Any activity which causes the server to crash / restart
  - Check their email more than every 3 minutes.

1.11 Backups and data loss

• 1.11.1 Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times.


• 1.11.2 We are not liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.


• 1.11.3a We offer managed daily backups for certain clustered Australian hosting packages, a complete list of which can be found on the website. MD will make an attempt in good-faith to store at least one daily backup of the customer's data at all times, subject to the following exclusions and limitations:
  • Use of this service is entirely at the customer's risk. The service does not in any way diminish, extinguish or modify any of our rights under clauses 1.17: Indemnification; 1.18: Disclaimer; and 1.19: LIMITATION OF LIABILITY.
  • Hardware, network or software failure may limit, block or frustrate our ability to store or retrieve past, current and future backups, either temporarily or permanently.
  • Compressed files and archives of all types are not archived.
  • The solution is suitable for static web-pages; active, open or frequently changing files (such as databases) may not copy successfully, or may be corrupted beyond recovery upon their retrieval.
  • The solution is not a replacement for an off-site data backup, nor does it represent an adequate disaster recovery strategy. As a condition of use the customer must still maintain their own local complete copy at all times.
  • MD will make attempts in good-faith to restore a copy as close to the date as requested by the customer as possible. However, the date and age of data cannot be guaranteed.
  • We reserve the right to age out and cleanse data as frequently as required


• 1.11.3b Customer is entitled to one free restore a month. Further restores will be charged at the applicable rate listed in 'Other Charges'.

1.12 Updated package versions

• 1.12.1 From time to time, we may update our packaged plans. When we do so the version number shown on the plan will change.


• Customers on previous plan version numbers will not be automatically upgraded to the newest version of the plan. Customers on previous plans will keep the features of their current hosting package.


• 1.12.2 If a customer wishes to upgrade to the newest plan, a AU$22.00 administration fee will apply. Your service may also need to be transferred to another server to take advantage of the newer features.

1.13 Bandwidth Usage/Disk Space

• 1.13.1 It is your responsibility to upgrade your account and monitor your account usage.


• 1.13.2 You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer's responsibility to ensure they do not exceed their assigned limits.


• 1.13.3 Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the additional resource usage.


• 1.13.4 Unused transfer in one month cannot be carried over to the next month.

1.14 Free Domain Name

• 1.14.1 Customers who register a domain name and package it with 12 months of web hosting at sign-up are eligible for a free domain name.


• 1.14.2 Customers who select the following low and mid tier plans are entitled to a free .com, .net, .org, .info or .biz domain:
  - Business and higher (Linux Hosting)
  - Personal and higher (Windows Hosting)
  
  
• 1.14.3 Customers who select a high tier package are entitled to any one (1) domain, including .au domains:
  - Premier and Ecommerce (Linux Hosting)
  - Business, Premier, Ecommerce (Windows Hosting)
  


• 1.14.4 The free domains are registered for the minimum registration period. After this period has elapsed you will be charged the renewal cost at the current domain registration rate.


• This offer is valid for new customers.


• You will be required to pay 1 year in advance to qualify.


• Transfers of domain names are not part of this offer.

1.15 Special Offers

• 1.15.1 From time to time, MD may hold special offers, promotions, discounts or prizes. Customers may be eligible for discounts off the cost of hosting, domains, or other products and services offered by MD. They may also be given vouchers, physical items or other rewards.


• 1.15.2 Offers usually have an expiry date or some other condition which, when met, makes the offer null and void. These conditions can be changed by MD at its discretion and at any time. MD will not be obligated to provide the special offer and the reward or discount contained within once the offer is expired.


• 1.15.3 Some offers will be valid only for new customers, and other offers may be redeemed by all new and existing customers. If not specified by the offer, then all customers are eligible. However, other restrictions as listed in this section may apply.


• 1.15.4 Some offers are a discount off the cost of hosting or some other product or service. Unless otherwise specified, such discounts are redeemable only once at the time of purchase. Once the initial payment cycle of the product or service has gone through one full cycle, then the normal rate (which was set at the time of purchase) shall be applied for all subsequent payments. If you do not wish to continue the service after the initial discounted period then you may cancel your service. However, if you do not follow our cancellation procedure outlined in clause 1.5.2 you will be charged for another payment cycle. Not submitting a cancellation request indicates your acceptance and willingness to be bound to another payment cycle. Therefore, MD shall provide no refund whatsoever for subsequent payment cycles if a timely cancellation request is not submitted.


• 1.15.5 Some offers provide customers with a voucher for the products or services of a 3rd party, a physical asset or other such item that has a cash value, or could be liquidated into cash. Once the asset, item or voucher has changed hands, then no refunds for products or services will be provided in any circumstance whatsoever, even if any other refund provision which may be included in this agreement has been satisfied.


• 1.15.6 It is your responsibility to ensure that your postal address and contact details are kept up to date. MD's obligations with respect to delivery of a special voucher, tangible item or other item with a cash value are terminated at the time MD posts the item. We accept no responsibility for no delivery, incorrect delivery or damage in transit of such goods. Should your voucher for the products or services of a 3rd party be one that can be transmitted electronically, then our obligations with respect to delivery end when our email is submitted into our information system.


• 1.15.7 Some offers may have additional terms and conditions attached to them. By redeeming the offer, you agree to be contractually bound by these additional terms and conditions. Should any term and condition specific to that offer be inconsistent with the provisions contained within the Special Offer clauses, then the specific terms shall prevail to the extent of the inconsistency.


• 1.15.8 MD shall not be obligated to fulfill the conditions of the special offer if you have not satisfied the terms and conditions of the offer, this agreement, or other policies to which this agreement refers to, whether innocently, purposefully or otherwise, or if you have not followed the redemption instructions faithfully.


• 1.15.9 MD shall not fulfill the conditions of a special offer where a customer has cancelled their product or service and then reapplies for a similar product or service with the express intent of claiming the special discount, reward or offer. If we find evidence of such activity after you have claimed your offer then we reserve the right to bill the value of the offer to your account. If you have received a physical item then we shall bill you the equivalent cash value or liquidated value of the item.


• 1.15.10 MD shall not apply special offers retrospectively. If you have purchased a product or service in the period leading up to an offer, and we subsequently issue a special offer or discount for the same or similar products or services, then you shall have no right in claim to whatever discount, reward or offer is issued. A special offer is valid only from the moment it becomes live and available by viewing to the general public, or from when we inform customers via sms of our offer.


• 1.15.11 If you have an existing web hosting package with more than a month of service paid in full remaining, and we issue an offer providing a discount or voucher for purchasing a hosting package for a certain length of time, then you can use the offer on your existing package provided that:
  (i) You must see out any months that have been already been paid in full before you start receiving the discount. E.g., If you have 'x' months remaining, and the offer requires a pre-payment for 'y' months, then your service length will become x + y months
  (ii) Any months that were paid in full before the offer are not eligible for a pro rata discount. Only periods of time subsequent to the original service are discounted.
  (iii) You must purchase the same hosting package, or a hosting package that has the same monthly cost.
  (iv) If you choose to purchase a hosting package with a normally higher monthly fee than that of the package you are on now, then you may redeem the discount only if you first pay the difference pro-rata between the higher end package and the package you are on currently for the remaining time period of your original service, rounded down to the nearest day. This pro rata adjustment is calculated at the standard rate (not the discounted rate provided in the offer).


• E.g., If you have 'x' days remaining on package1, and the offer requires a payment for 'y' days, and you wish to upgrade your hosting to a higher end package (package2), then you shall pay the difference pro-rata between package2 and package1 for x days at the standard rate , plus pay in full for y days of package2 at the discounted rate, and your service length will become x + y months


• 1.15.12 MD reserves the right to change the conditions of the offer while it is running. These could include the conditions of redemption, the type of offer, the prize or discount offered, and any other substantive terms. If you have redeemed the offer before the change, then you shall be entitled to the offer as if the old conditions were still operative. However, if you have already redeemed a discount or prize, and then the value of that discount or prize increases or changes, then you have no right in claim to any additional value or discount.


• 1.15.13 MD may advertise a special prize, voucher, or other 3rd party supplied item as a special offer. However, if that item becomes unavailable, out of stock, discontinued, or if the effort in obtaining the item is too great, then MD reserves the right to supply you with a credit to your account equal to the liquidated value of the 3rd party item instead. Any credit to your account cannot exceed 100% of the value of the product or service purchased which made you eligible for the special offer.

1.16 Price Change

• 1.16.1 We reserve the right to change prices listed on MD's website.


• 1.16.2 If we change the price of a product or service, then you will continue to be rebilled at the rate you signed up with, and only new customers will be charged at the new rate. However, if you reorder a product or service, or order a new product or service, or downgrade/upgrade your plan, then you will be billed at the new rate.


• 1.16.3 The exception to clause 1.16.2 is where fluctuations in the AUD exchange rate or other factors beyond MD's control work to increase the cost of a service. In these circumstances MD reserves the right to increase the price charged of both new and existing products and services as applicable.

1.17 Indemnification

• 1.17.1 The customer agrees it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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. The customer furthermore agrees to defend, indemnify and hold us harmless against liabilities arising out of;
  (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MD Web Hosting;
  (2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) any breach of any representation or warranty provided herein
  (4) any negligence or wilful misconduct by you
  (5) any allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets
  (6) any defective products sold to customers from MD's server.


• 1.17.2 By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.


• 1.17.3 This indemnification is in addition to any other indemnification required of you elsewhere in this agreement.


• 1.17.4 Should MD be notified of a pending law suit, or receive notice of the filing of a law suit, MD may seek a written confirmation from you concerning your obligation to indemnify MD. Your failure to provide such a confirmation may be considered a breach of this agreement.

1.18 Disclaimer

• 1.18.1 MD Web Hosting will not be responsible for any damages your business may suffer.


• We provide no warranties, express or limited, for services we provide, nor do we guarantee your web site or applications will work error free on our servers. This includes implied warranties of merchantability or fitness for a particular purpose. As such, we are not responsible for loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery and any service interruptions caused by MD Web Hosting and its employees.


• 1.18.2 We do not guarantee uptime or service availability nor do we guarantee that services will be uninterrupted, timely, secure, or error free, or that defects will be corrected.


• 1.18.3 Should any part of this disclaimer be made invalid by relevant legislation (such as the Trade Practices Act) then the remaining part shall still be in force.

1.19 LIMITATION OF LIABILITY

• 1.19.1 IN NO EVENT SHALL MD WEB HOSTING BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF MD WEB HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


• 1.19.2 Some states or territories may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or territories, MD's liability is limited to the full extent permitted by law. You agree that in no event shall MD's maximum aggregate liability exceed the total amount paid by you for the particular product or service in dispute purchased from MD.

1.20 Force Majeure

• 1.20.1 A force majeure is defined as Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster even if caused by global warming, i.e., negative human activities that contribute to the destruction of the biosphere), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone service.


• 1.20.2 Where a Party is unable, wholly or in part, by reason of force majeure, to carry out any obligation under this Agreement, and that Party: (a) gives each other Party prompt notice of that force majeure including reasonable particulars, and, in so far as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; (b) uses all possible diligence to remove that force majeure as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations.


• 1.20.3 If after a period of six months, the force majeure has not ceased, the Parties shall meet in good faith to discuss the situation and endeavour to achieve a mutually satisfactory resolution to the problem.


• 1.20.4 The requirement that any force majeure must be removed with all possible diligence does not require the settlement of general strikes, lockouts or other labour disputes or claims or demands by any government on terms contrary to the wishes of the Party affected.

1.21 Online Fraud

• 1.21.1 In compliance with the Privacy Act, we are permitted to share your personal details with competent authorities when there is proof of fraudulent or criminal activities.

1.22 Transferring your accounts to other servers

• 1.22.1 MD reserves the right to transfer any or all of your hosting accounts to any other server, where:
  (i) the server your account resides on has suffered hardware or software errors; or
  (ii) your activities interfere or have the potential to interfere with other users; or
  (iii) your server has been decomissioned; or
  (iv) we consider your bandwidth usage to be unacceptable or interfering with the performance of our network infrastructure, notwithstanding that you may be within your quota; or
  (v) when performing a mass migration.


• 1.22.2 As part of a server migration we may also have to change your operating platform or the versions of any other software you may have been using on the previous server. It is your responsibility to ensure that your site is compatible with the new software.


• 1.22.3 We have servers in both US and Australia datacentres, and your account/s may be transferred to and from either data-centre.


• 1.22.4 You agree that your quota or disk-space or other features may change as a result of the migration. You will continue to pay the same price as what you were paying before the migration.


• 1.22.5 We will update customers about server migrations on our server status page or via email. If you are not using our nameservers then it is your responsibility to update your private name servers after a migration.

1.23 Changes to the Terms and Conditions

• 1.23.1 MD Web Hosting reserves the right to revise its terms and policies from time to time without notice. Updates will appear on the company website Legal section. By continuing your services you agree to these revisions.


• 1.23.2 However, if we revise our terms in a way that impacts you both materially and detrimentally (and you have more than a month's worth of hosting paid in full remaining on your account), you may request a refund for services. Price changes in line with inflation, exchange rate movements, price increases from our suppliers or other factors beyond our direct control would not trigger this clause.


• 1.23.3 Refunds shall be provided for whole months only; parts of a month shall be rounded down. They cannot be given for products or services MD has purchased from 3rd party providers (such as domain names, SSL, etc).

1.24 Governing Law

• 1.24.1 This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Australia and the State of Victoria, as if the Agreement was a contract wholly entered into and wholly performed within the State of Victoria. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the Australian Court for the South Eastern district of Victoria, or if there is no jurisdiction in such court, then in a state court in Melbourne, Victoria. You consent to the personal and subject matter jurisdiction of any state or Federal court in Melbourne, Victoria in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.

1.25 Entire Agreement

• 1.25.1 You agree that this Agreement including the policies it refers to (i.e., our Refunds Policy, etc) constitute the complete and only Agreement between You and MD regarding the Services contemplated herein.

1.26 Severability

• 1.26.1 You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

1.27 Third Party Beneficiaries

• 1.27.1 Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

1.28 SLA and Hosting Environment

• 1.28.1 MD is a budget hoster and does not offer a Service Level Agreement. We will provide service on a 'best effort' basis, but do not guarantee, warrant, or make statements to the effect that your product or service will be available over a certain period of time or that emails will be deliverable. Use of the service is at your own risk. Before signing up for services you should make an informed decision as to whether the services offered align with your business needs and your level of risk.


• 1.28.1 From time to time MD may make changes to the hosting environment. These changes might include (but are not limited to) O/S or component updates, modifications to the LAMP stack (Linux, Apache, MySQL, PHP/Perl), changes to firewall rules, changes to the security profile, or other changes as necessary to increase the stability or security of the service. These changes may impact on certain functionalities, break scripts, or degrade the performance of your site. While we will attempt to address these issues if possible, we are not responsible for the impact this may cause on any scripts, programs or functionality that your site relies on.

1.29 Specific Clauses

• 1.29.1 The following terms are specific to the service or product to which they apply: Clauses 30 and 31 apply specifically if you are operating a dedicated server. Clause 32 applies if you are using a VPS. Clauses 33, 34 and 35 apply to Domain names. Clauses 36, 37, 38 and 39 apply to hosting packages. Clause 40 applies if you are using an ID Protect service. Clause 41 applies if you are using a marketing or SEO product. Clause 42 applies if you are using a Custom Web Design service. Clause 43 applies if you are using a Google Adwords voucher. Clause 44 applies to our SMS service.


• 1.29.2 This in no way implies that the previous clauses do not apply. To remove all doubt, Clauses 1 through 28 apply to all our customers irrespective of the product or service purchased.

Dedicated Server

1.30 Server Locations

• 1.30.1 All MD Webhosting dedicated servers are located in the USA.

1.31 Dedicated servers

• 1.31.1 No refunds are available for customers using dedicated servers or co-location services. Please read our refunds policy for more information.


• Payment must be made by the due date on the invoice to avoid account suspension or termination.
  


• 1.31.2 Dedicated servers are billed on a month to month contract and must be cancelled a minimum of 15 days prior to the end of the current billing cycle by filling out our cancellation form and agreeing to the cancellation terms.
• It is your responsibility to ensure we have received and confirmed your cancellation request. Dedicated servers users understand, agree and accept our datacentre's acceptable use policy and terms and conditions (which is available upon request).
  


• 1.31.3 If you do not elect to have Server Management from MD Web Hosting, you will be solely responsible for software upgrades, optimisation, configuration and resolving technical issues.
  


• 1.31.4 Provisioning of your dedicated server may take between 1 - 5 business days depending on availability. Once your dedicated server order has gone into production, no refunds can be provided. If you cancel your order before it is provisioned, you will be charged a AU$110.00 administration fee per server, to cover our bank charges, fraud screening, administration costs, etc.


• We endeavour to have your server online as quickly as possible. Any variation to your dedicated server, including upgrades, require 7 days notice in advance. Our datacentre may also charge MD Web Hosting a fee for upgrading servers, which will be passed onto our customers. This cost will be disclosed before upgrading your server. Depending on the datacentre work load there may be delays in machine upgrades, provisioning, maintenance, etc.


• 1.31.5 Payment of your dedicated server is required on the due date. MD Web Hosting expects payment in advance for services. If payment for your dedicated server is not made within 7 days of the invoice due date, we reserve the right to decommission your server and/or charge a late payment fee of AU$22.00 .

Virtual Private Server

1.32 VPS

• 1.32.1 If you do not elect to have VPS Server Management from MD Web Hosting, you will be solely responsible for software upgrades, optimisation, configuration and resolving technical issues.


• 1.32.2 Payment of your virtual private server is required on the due date. MD Web Hosting expects payment in advance for services. If payment for your virtual private server is not made within 7 days of the invoice due date, we reserve the right to decommission your server and/or charge a late payment fee of AU$22.00 .


• 1.32.3 Content as described by clause 1.8.3 is prohibited from being stored on our Virtual Private Servers. If you are in breach of this clause the account may be suspended. The VPS plans must also not be used for the following purposes:
  (1) Game servers
  (2) IRC servers
  (3) Proxy servers


• 1.32.4 Our normal procedures for cancellations (1.5) and payments (1.2) apply.


• 1.32.5 We provide a method to backup the data residing in your VPS. However, in line with clause 1.11 it remains entirely your responsibility to backup your data and store it in a secure, off-site location.

Domain Name

1.33 Domain Terms

• 1.33.1 You agree to follow our domain transfer procedures when performing a domain name transfer, otherwise MD will not transfer your domain name.

1.34 Australian Domains

• 1.34.1 .au Domains are covered by this clause.


• 1.34.2 We are an auDA accredited registrar. Anyone registering a domain through MD shall be bound by the Registrant Agreement and Registrant Warranty.


• Registrant Agreement


• Registrant Warranty


• 1.34.3 Australian domain name resellers shall be bound by the MD Domain Reseller Agreement. All resellers will appear on auDA's reseller database.


• MD Web Hosting Domain Reseller Agreement

1.35 Other Domains

• 1.35.1 .com, .net, .info, .biz, .org, .mobi, .co.uk, .org.uk, and any other domain we offer are covered by this clause.


• 1.35.2 We are an official reseller of Enom Domain Name Services. By registering domain names through MD Web Hosting you agree and are bound by the following agreements.


• Registration Agreement


• Transfers


• Dispute Policy

Web Hosting

1.36 Web Site Builder

• 1.36.1 1 x Web Site Builder licence for Site Studio or SiteBuilder 4 (at our discretion) is included free of charge on the Full Featured packages. Site Studio does not include the shopping cart addon.


• 1.36.2 1x eShop Web Site Builder licence is included free of charge on the eShop and eBusiness packages. The eShop web site builder requires Internet Explorer 5.2 for Windows or higher to operate. It will not work using another browser or operating system.


• 1.36.3 If you have upgraded from a package with our paid web site builder to a package with free web site builder, no refund will be given on the web site builder licence fees.


• 1.36.4 The Ecommerce packages are only available on the Linux hosting platform and not on Windows or other hosting platforms.

1.37 Microsoft Frontpage Extensions

• 1.37.1 Microsoft Frontpage 98 extensions are not supported by our systems, as Microsoft has removed support for this version. Frontpage Extensions 2000+ are supported.

1.38 Using your cPanel Backup Function

• 1.38.1 The backup function in your control panel uses high server resources and may cause the server to become less responsive, affecting the web site performance for other users. You agree to only perform backups of your site (databases, web space, etc) using the backup function in your hosting control panel between the off peak hours (Offpeak is classified between 11.30pm Australian Eastern Standard Time and 7am Australian Eastern Standard Time).


• Using the backup function outside of these times may result in your account being suspended.


• 1.38.2 This function is described in various parts of the site as "Instant Data Backup". These backups are managed completely by the customer and independently from MD.

1.39 Security

• 1.39.1 We may introduce new security measures from time to time to help prevent malicious use and attacks on our servers.


• 1.39.2 No shell or remote desktop access will be provided on any shared hosting servers for security reasons.


• The hosting control panel provided will in most cases provide a shell alternative to the task you wish to perform. e.g. Administer a MySQL database. Shell and remote desktop access is available on our dedicated server packages.
  

1.40 ID Protect

• 1.40.1 We are a reseller of eNom “ID Protect” services. By using this service you are bound by their terms and conditions.


• eNom ID Protect Agreement

1.41 Marketing and SEO Terms

• 1.41.1 The terms in this section apply to these products:
  (i) Search Activator
  (ii) Search Optimiser
  (iii) Search Commander (Basic, Advanced, Extreme)
  (iv) Google Ad Pro
  (v) Marketing Performance Bundle
  (vi) Google Megapack
  (vii) Services or products with different names but described as having equivalent functionality to another marketing product that MD offers


• 1.41.2 Marketing and SEO services are available as add-ons to webhosting in the order form. These add-ons are covered by 1.41.1(vii).


• 1.41.3 Search Commander and Google Ad Pro products are prepaid for a 3, 6 or 12 month period. Search Optimisers and Search Activators are a one off charge.


• 1.41.4 The AU$99.00 'gift voucher' for migrating from the Search Optimiser to the Search Commander is valid only if:
  (i) The voucher is redeemed within three months from the date of purchase of the Search Optimiser.
  (ii) Steps in the Optimiser report are followed faithfully.
  (iii) Your website has not had major alterations and updates in the period after the Optimiser report is initially purchased which warrants a new report being generated.


• The voucher will be presented as a partial refund of your Commander service after purchase.

1.41.5 No Guarantees

• While MD and its agents will make every good faith effort to offer the services described in each package for the purposes described therein, we can make no guarantees, express or implied about;
  (i) Any chance of your website appearing higher up in non-paid search results, whether for certain keywords or combinations thereof, or otherwise
  (iii) Any chance of your website appearing higher up in paid targeted search results (sponsored links) both in the top and side sponsored sections of the Google website, whether for certain keywords or combinations thereof, or otherwise
  (iii) The likelihood that certain advice provided in reports (Search Optimiser reports, Search Commander reports or Google Ad Pro reports) will improve or optimise your website position
  (iv) Any increases in search engine traffic or flow
  (v) The likelihood that any search engine traffic flowing from search engines as a result of our advice will purchase your products and/or services
  (vi) The chance of your website appearing in any search engine index by a specific time, or at all


• All statements promoting or describing any marketing service are statements of a mere possibility only.

1.41.6 Refunds

• Generally, once you have prepaid for a marketing product or service, the fee is non-refundable. The value contained within the product or service is a form of intellectual property provided by MD or its agents for a specific purpose. This intellectual property forms an opinion, and is not necessarily a description of a true state of affairs.


• If MD or its agents do not make a good faith effort to provide what is contained in the product or service as described by our website, and you have prepaid for a 6 month service with more than a month remaining, then you have the right to request a refund for the remainder of services. All refunds shall be rounded down to the nearest month. It would be your onus to prove our lack of good faith or due diligence.

1.41.7 Payments

• Search Optimiser and Commander reports can be paid with whatever payment method MD usually offers. However, Google Ad Pro and the Marketing Performance Bundle can be paid only with a valid credit card. The card must not expire for the duration of the time you wish to use our services. If you are issued a new card or the expiry date on the card changes, you must inform us as soon as is possible, else your Google Ad campaigns will cease to function. It remains entirely your onus to ensure that sufficient funds are contained within your credit card account for any ad campaigns that you run.

1.41.8 Google Ad Pro

• The fee for the Google AdPro as described by the website does not represent the entire cost of the service. Additional fees shall be payable to Google for advertising campaigns, and are calculated on a per click basis. Billing for your Google account is set up directly with Google. This allows you to easily change your advertising budget and limits to suit your needs.

1.41.9 Cancellations

• If you do not require the products or services provided after the 6 month contract has lapsed, then you must follow our standard cancellation procedures as described by Clause 1.5.2 of this agreement. Make sure that you provide at least 7 days notice prior to your service renewal date, else you will be charged the full renewal amount with no option of refund.

1.41.10 Limitation of Liability

• In line with Clause 1.18, MD and its agents will not be liable for the damages as described for using our marketing products or services.

1.42 Custom Web Design

• 1.42.1 These terms apply to customers who order a web design service requiring the skill, input or knowledge of our web designers.


• 1.42.2 When you sign up for your web design service, you will be presented with a contract for services. This contract shall stipulate the consideration to be supplied by both parties, the terms of service, and additional matters of importance. We will send the contract to you via fax, e-mail or by letter. You must sign and date the contract and return it back to MD via fax or letter.


• 1.42.3 We shall not begin work on your project until you have signed our contract for web design services. If you do not agree to the terms and conditions you may request a refund for any monies which were paid to MD, less any bank or credit card processing fees. If you sign the contract then no refunds shall be permitted except as allowed by the terms of the contract.


• 1.42.4 You may request to see a copy of the terms and conditions before any monies are paid to MD. To do this, contact our support office during business hours and ask for a web designer.


• 1.42.5 Payment or part-payment of your web design service does not entitle you to immediate or near immediate delivery of those services, nor do we guarantee that works will commence after a certain amount of time. At certain times our web designers will have considerable work loads and will be unable to attend to your matters until all the backlog clears. Your work shall be placed in a queue and attended to in due course. If you are concerned about the turnaround time for services performed then it is your responsibility to contact our web designer and make enquiries before you make payments and/or sign a contract for services.

1.43 Google Adwords

• 1.43.1 Promotional credit must be applied to a new AdWords account within 15 days of creating the account and is valid only for new Google AdWords customers with self-managed signup accounts. Advertisers will be charged for advertising that exceeds the promotional creit. Advertisers will need to suspend their ads if they do not wish to receive additional charges beyond the free credit amount. Subject to ad approval, advertisers must have a valid registration and accept the Google AdWords Program standard terms and conditions. The promotional credit is non-transferable and may not be sold or bartered. Offer may be revoked at any time for any reason by Google Ireland Limited or its affiliates. One promotional credit per customer. Advertisers with self-managed signup accounts are subject to a Ten Australian Dollar (AUD $10) activation fee. Expires 30/06/2008.

1.44 SMS (Short Message Service)

• 1.44.1 These terms apply to any customer who orders an SMS product.


• 1.44.2 Once ordered, unused SMS credits will expire after six months.


• 1.44.3 MD provides log files containing your SMS activity, including the date and time messages were sent, whether the message reached the SMSC gateway successfully, and the content of the message. However, the log files do not provide confirmation that the message reached the intended recipient(s) successfully. Once the message has passed from our service provider's gateway to the applicable carrier servicing the recipient, we have no control over the success or failure of delivery.


• 1.44.4 We make no guarantee that your message will reach your intended recipient despite deduction of credit/s from your account, or that your message will reach the recipient after a certain amount of time has lapsed.


• 1.44.5 The MD SMS service is not fit for any particular purpose, including (but not limited to) medical applications, emergency services or commercial use. We limit our liability in the manner set out by clause 1.19.1.