| Boutique Host | Terms of Service and Acceptable Use Policy |

Terms Of Service (TOS)

Boutique Host ("The Company"), agrees to furnish the following services to the Subscriber ("The Customer"), subject to the following TOS (Terms of Service).

Use of Boutique Host Service constitutes acceptance and agreement to this Terms of Service (TOS), as well as Boutique Host's Acceptable Use Policy (AUP). All provisions of this contract are subject to the TOS and AUP. At various times, the Company may change either the TOS or AUP upon notification of the Customer. Changes shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the State of Qld, applicable to contracts enforceable in that state.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our services for illegal activities. Therefore, the Customer agrees that the Company may disclose any and all customer information, including assigned IP numbers, account history, account use, etc., to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition, Boutique Host shall have the right to terminate all service set forth in this Agreement.

Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated. Customer is aware that the Company may prospectively change the specified rates and charges from time to time, with prior notification to the customer. Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals, including but not limited to, rates charged to company by its suppliers. Any changes by the Company will be communicated to the Customer.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. The Company follows an advanced payment schedule. Payments are due on the date of signup each month for each month's service. All customers (both monthly and bi-annual plans) will be automatically enrolled in recurring billing. Please be sure to keep your billing information updated. The above applies to all accounts and services provided by Boutique Host. The above applies to all accounts and services provided by Boutique Host.

Payments and Fees: Payments for all services must be made to the Company via credit card. By agreeing to the TOS, the Customer is authorizing all applicable payments and fees. Acceptance to service (including the TOS and AUP) constitutes the electronic signature of the Customer. Electronic signatures via the secure order form are the equivalent of written consent by the Customer to pay all service fees and charges. The Customer agrees to keep the credit card on file up to date and accurate (including expiration date and card number). Service will be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Boutique Host may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refunds and Disputes: All set-up fees made payable to Boutique Host are non-refundable. Any overcharges or billing disputes must be reported within 60 days of the time the dispute occurred via the on-line support module (trouble ticket system). If you dispute a charge to your credit card issuer ("charge back") that, in Boutique Host's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Boutique Host an "Administrative Fee" of $20.

Cancellations: All cancellations must be submitted via the on-line support module (trouble ticket system). The Customer must send all applicable account information to cancel. Cancellation of any service plan within 14 calendar days of activation will result in a full money-back guarantee of the cost of the service plan. Set-up fees are non-refundable. All cancellations requested for monthly service plans after 14 days will result in a 50% refund for the current month's charges. Service will be terminated within 48 hours of written consent being received by the Company.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Customer further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury. Some causes beyond the direct and exclusive control of the Company are, but not limited to; Hardware Failures, Network Outages, Service Provider Issues, etc.

New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. All domain name registration fees (as furnished by the Company) must be paid by the Customer.

Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Boutique Host, will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. All domain transfers are subject to the Company's registration fees. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

E-mail Support Boundaries: Boutique Host, provides technical support to our customers via an on-line Trouble Ticket system. The Company limits its technical support to its area of expertise. The following are the guidelines for providing support: Boutique Host provides support related to the Customer's sites housed on the Company's servers. Boutique Host does not offer technical support for application specific issues, such as cgi programming, html or any other such issue. In addition to the on-line trouble ticket system, many answers are available in the FAQ section of the web site. Please refer to http://www.boutiquehost.com/cgi-bin/kb.cgi. Lastly, the help files in the program you are using may have the answers to your questions.

Uptime Guarantee: Customers are guaranteed 99.95% uptime each month (approximately 21.6 minutes of downtime is allowed based on an average month) when being hosted with "plan four" and "plan five". Customers are guaranteed 99.9% uptime on plans one to three. Predetermined percentage refunds will be applied based upon total downtime for the month. Downtime refunds are made on an individual basis per customer. Customer must submit a trouble ticket for any downtime issues. Total downtime for the month is calculated using the sum total of all trouble tickets for an individual customer. Percentage refunds are offered based on the following uptime percentages:

99.95% or above = 0% discount (or 99.9% for plans one to three)
99.8% - 99.94% = 5% discount
99.7% - 99.79% = 10% discount
99.6% - 99.69% = 15% discount
Lower than 99.6% = 25% discount

The percentage off applies to a monthly hosting charge. Monthly customers will receive the credit toward the subsequent month of hosting. Bi-annual customers will receive the credit on their next renewal date (credit will be applied toward the calculated value of one month of hosting service - calculated value can be computed by dividing the bi-annual hosting fee by six). Customers may also use the credit toward other services offered by the Company.

Spam Policy:

SPAM and Unsolicited Commercial Email (UCE): Boutique Host maintains a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Boutique Host may not use or permit others to use our network to transact in UCE. Customers of Boutique Host may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Boutique Host's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Boutique Host will initiate an immediate investigation (within 48 hours of notification). During the investigation, Boutique Host may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Boutique Host may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Boutique Host reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Boutique Host will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Boutique Host personnel must spend to investigate the matter.

As our reseller Customers are ultimately responsible for the actions of their clients over the Boutique Host network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Network

IP Address Ownership: If Boutique Host assigns the Customer with an Internet Protocol (IP) address for Customer's use, the right to use that Internet Protocol address shall belong only to Boutique Host, and the Customer shall have no right to use that Internet Protocol address except as permitted by Boutique Host in its sole discretion in connection with the Services, during the term of this Agreement. Boutique Host shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Boutique Host, and Boutique Host reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. Therefore, you must use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we reserve the right to revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"), without additional charges being incurred. Boutique Host will monitor the Customer's bandwidth and disk usage. Boutique Host does offer additional bandwidth and disk usage for an advertised fee. Boutique Host shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Boutique Host's sole and absolute discretion. If Boutique Host takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Boutique Host will charge the customer's credit card on file as per the current advertised prices.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Boutique Host Network. Violations of system or network security may result in civil or criminal liability. Boutique Host will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host, server, or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

Boutique Host is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our TOS or AUP to monitor or police Internet-related activities.

First violation: Any User, which Boutique Host determines to have violated any element of the Terms of Service or Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Boutique Host's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Boutique Host determines to have committed a second violation of any element of the Terms of Service or Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network (resellers), or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: Boutique Host reserves the right to suspend network access to any customer if in the judgment of the Boutique Host network administrators the customer's account/server is the source or target of the violation of any of the other terms of the TOS or AUP or for any other reason which Boutique Host chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account(s) was/were suspended.

Boutique Host reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Boutique Host must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. Resellers will be held responsible for the actions of your clients in the matter described on these terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Boutique Host wishes to emphasize that in agreeing to the Boutique Host Terms of Service (TOS) and Acceptable Use Policy (AUP), customer indemnifies Boutique Host for any violation of the Terms of Service (TOS) and Acceptable Use Policy (AUP) that results in loss to Boutique Host or the bringing of any claim against Boutique Host by any third-party. This means that if Boutique Host is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Boutique Host, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Please keep all contact information up to date.

A waiver by the Company of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Customer shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Boutique Host takes no responsibility for any material input by others and not posted to the Boutique Host Network by Boutique Host. Boutique Host is not responsible for the content of any other websites linked to the Boutique Host Network; links are provided as Internet navigation tools only. Boutique Host disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund, as well as possible fines.

Responsibility for Content: You, as Boutique Host's customer, are solely responsible for the content stored on and served by your Boutique Host server.

Acceptable Use Policy (AUP)

Use of Boutique Host Hosting Service constitutes acceptance and agreement to Boutique Host Hosting's AUP as well as Boutique Host Hosting's TOS (Terms of Service)

IMPORTANT NOTICE: *All Setup Fees and Domain Registration Fees To Boutique Host Hosting Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Boutique Host Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Boutique Host Hosting account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Boutique Host Hosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Boutique Host Hosting's AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
Boutique Host Hosting intends to provide its customers access to everything the Internet has to offer. While Boutique Host Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Boutique Host Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of Boutique Host Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your shared or reseller site to publish material, which Boutique Host Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Boutique Host Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@boutiquehost.com

VIOLATIONS OF Boutique Host Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

Illegal use: Boutique Host Hosting's services may not be used for illegal purposes, or in support of illegal activities. Boutique Host Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the Boutique Host Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the Boutique Host Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Boutique Host Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Boutique Host Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of Boutique Host Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Boutique Host Hosting account.

IMPORTANT NOTICE:

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Boutique Host Hosting account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Boutique Host Hosting service is in violation of this AUP.

Usenet SPAMing: Boutique Host Hosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of the Boutique Host Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Boutique Host Hosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Boutique Host Hosting account is subject to immediate termination.

Collection of personal data: Use of the Boutique Host Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of Boutique Host Hosting service for any activity which affects the ability of other people or systems to use Boutique Host Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another account host or individual user. Interference with or disruption of other account users, services or equipment is prohibited. It is the Member's responsibility to ensure that their account is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Boutique Host Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Boutique Host Hosting services could result in suspension service.

Third Party Accountability: Boutique Host Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Violation Of Boutique Host Hosting Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. Boutique Host Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance

Boutique Host Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one subscriber may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space, bandwidth and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Boutique Host Hosting systems or networks. Boutique Host Hosting reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF THE BOUTIQUE HOST Hosting AUP

Boutique Host Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@boutiquehost.com.

If available, please provide the following information:

The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Boutique Host Hosting may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

Boutique Host Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).


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