Terms of Services (TOS) and Acceptable Use Policy (AUP)

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND ALL RELATED SERVICES. We maintain this web site as a service to our customers, and by using our site and services you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain services or products from this site.

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PLACE AN ORDER OR PURCHASE ON OUR SITE. PLEASE CONTACT US IF YOU REQUIRE FURTHER CLARIFICATION.

Preamble

Luminous Hosting provide carrier independent web hosting and related services. We reserve the right to cancel or terminate your account and related services if it is determined that a breach of our policies has accured.

Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Service and Acceptable Use Agreement ("Agreement", "Terms of Use", "TOS", "Acceptable Use Policy", "AUP", "Policy") with respect to our site and services (the "Site", "Services", "Products", "Terms and Conditions"). This Agreement constitutes the entire and only agreement between us, hereinafter ("We" ,"Our", "Us", "Luminous Hosting", "Service Provider") and you, hereinafter ("Customer", "Client", "You", "Your"), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and all Products or Services provided by, or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site and Services.

The customer agrees to abide by, accept and comply with the following conditions:

• Domain Name Registration and SSL Certificates. Luminous Hosting make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has, or they have, been registered. Ignoring this point is done so at your own risk.

  You cannot and do not have any right to bring claim against us or our associates in relation to being refused to register a domain name. The ability to accept or deny any naming or govern it's usage lay with the naming authority.

  We are under no obligation to keep a domain name's status active unless full payment for that domain has been received by us.

  Luminous Hosting provide no warranties, implied or otherwise, as to the nature and functionality of an SSL certificate.

  Pricing for SSL certificates is subject to change at any time and without notice to the customer. We will not alter the pricing structure during the period your current SSL certificate term is active. It will be introduced in the next billing cycle.

  We do not provide technical support for SSL certificates other than to offer installation for you.

• Service Delivery. We aim to provide a 60-90 minute turnaround on all new account orders during business hours. Depending on workload and payment verification procedures, your delivery time may vary. Prior to provisioning your new service we may need to do the following:

  1. Confirm payment amount and authenticity.
  2. If paying by bank transfers or cheques allow sufficient time for funds to clear. Please note that dishonored cheques will incur a $55 processing fee.
  3. Direct Deposit funds will need to be proven with a transaction receipt from your financial institution prior to account provision.
  4. Request further information to confirm you are paying for services through legitimate means.

• Payment of Accounts. No credit terms will be given. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including, but not limited to, any shipping, processing and setup fees and applicable taxes.

• Non-Payment. All payments are due in full on the anniversary date. Failure to remit payment for services within the anniversary cycle or date is a violation of the Terms Of Services.
  A late fee of 10% will be incurred for failure to remit payment for services on or before the anniversary date. Failure to remit payment for five (7) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Failure to remit payment for services within fourteen (14) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.

• Termination of Service. Luminous Hosting strive constantly to offer services and products of the highest quality and intergrity. We reserve the right to terminate accounts without prior warning if you:

  • Intentionally engage in acts of defamatory, harmful, anti-social or disrespectful behaviour towards Luminous Hosting or it's clients which in any way causes a denial-of-service to other users or which results in a negative effect in the performance of our services.
  • Are acting on behalf of, or in connection to, any organisation listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
  • Operate, or are connected with web sites that host content related to: Hate Sites. Pornographic Material. Spam or Unsolicited Email Operation. Illegal Software or Game Networks. Discriminatory Acts. Terrorist Organisations and Associated Activities.

• Customer Support. Support will be offered during the hours of 8am to 9pm, 7 days a week. All support requests must be initiated through our ticketing system located at http://luminoushosting.com.au/myaccount/support.php to allow appropriate logging and response. To help us serve you more efficiently we require you to provide us with:

  • Your account details (username and password), including domain name.
  • A detailed description of the issue you are having. Taking particular attention to anything that you may have altered or edited leading up to the issue/error. Please consider that the more honest you are with us about this fact, the quicker your issue is likely to be resolved.
  • What measures you have attempted to resolve the issue.

  We do not provide support, technical or otherwise, for situations or events that are born from actions you may have taken which result in locking yourself out of, or restricting access to, your own hosting account. Luminous Hosting place failed login restrictions on our servers to minimise the likelihood of malicious brute force attacks. These restrictions are as follows: After 5 failed login attempts the "access point ip address" is logged and a temporary server wide login ban is put in place. A permanent ip address ban is enforced when 4 blocks of 5 attempts are exhausted without a successful login. This measure is designed uphold the integrity of all shared accounts hosted on a particular server.

  Customer support issues not covered by the direct operation of your hosting account will be subject to our standard freelance rates and charges fee structure.

• Content Managed System(CMS) Installation. We provide installation of Content Managed Sytems as a value added service to our customers. We do not warrant, guarantee or offer support in the provision of this service to you, whether implied, verbal or otherwise.

  CMS installation is limted to the install of the default system itself and will not include any design layout or customised setup.

  You understand that by requesting support outside of this agreement will incur a service fee as outlined in the Luminous Hosting standard contract Rates and Charges.

• Freelance Rates and Charges.
  1. Freelance Support, Technical and Fault Troubleshooting: $95.00 p/hr.
  2. Web Coding Development and Support: $110 p/hr.
  3. General Web Development and Design: $95 p/hr.

• Acceptable Use. As a member of our hosting network community, you must use your Internet hosting account responsibly and ethically. Each Luminous Hosting customer is responsible for the activities of its users and, by accepting service from Luminous Hosting, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.

• Unsolicited Commercial or Bulk Email (spam). It is strictly forbidden to engage the services of Luminous Hosting for the purpose of sending bulk unsolicited email. This includes but is not limited to the sending of commercial and business promotional emails (spam), flyers, announcements, petitions, political or religious bulk email.

  Sending of such material on shared hosting accounts is a serious problem which can compromise the deliverablility of all web site accounts residing on a server. Without warning, spam complaints are commonly logged and registered through the appropriate governing institution by unhappy email recipients. The IP address of the offending server is logged and then "blacklisted". As a direct result, all server accounts are blocked from sending email through to the majority of the commercial email service providers.

  Such messages may only be sent to those who have explicitly requested it. Violations of this nature will result in immediate account termination.

• Client Data Backup and Loss. Luminous Hosting perform backups of Shared Hosting Server (Standard Hosting and Reseller Plans) content on a daily basis. We make every effort to insure that these backups are valid. Backup arrangements for your client content for any frequency other than the standard backup frequency listed above must be made by written contract and acceptance by us and any such contract will be subject to premium monthly charges. We assume no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at Luminous Hosting.

  You are responsible for backing up any dedicated, co-located or Virtual Private Server without a written contract and we assume no responsible for content published to or stored on any dedicated server, co-located server or Virtual Private Server. These servers are leased and maintained by the customer and because the customer has full control over all aspects of these servers, we assume no liability in the operation or reliability of these servers other than hardware failure. Luminous Hosting assumes no liability for lost content resulting from events occuring outside our control. These include but are not limited to: Excessive and unforseeable acts of God, Events arrising from acts of terrorism.

  Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Luminous Hosting Servers, or of any database maintained on any server operated by us in the event we are unable to restore customer content from backup. AT NO TIME SHALL LUMINOUS HOSTING ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

• Data usage Monitoring. It is your sole responsibility to monitor all bandwidth and data storage usage on your hosting account/s. If all allocated resource limits are exceeded during any one month your account will automatically be deactivated by our system. You have three (3) options available to correct this: 1. Wait for the next rollover month for account reactivation 2. Upgrade your account to a larger capacity hosting plan with greater resource allocation 3. Purchase additional data storage and/or bandwidth allocation. Unused data portions do not acrue to a following month.

• Guarantee and Return Policy. Luminous Hosting provide a service guarantee as an act of good business will. Please refer to our 30 day hosting guarantee page for a more accurate description and consideration.

• Canceling your Hosting Account. If you want to cancel your web hosting account please be aware that you must officially and formaly cancel by logging into your account area and submitting a cancellation request!

  We require a minimum of fourteen (14) days written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of services. Failure to supply the requisite fourteen (14) days written notice of cancellation will result in a full billable cycle prior to cancellation. No refund will be granted after the anniversary date has been invoiced.

  If you have a recurring billing cycle set up with a third party payment gateway, such as Paypal, you must cancel your service by logging into the respective administration interface/console to avoid further charges.

  Permanent Data Removal. Please be aware that all data will be deleted from our servers 7 days after an account has been cancelled and will not be retrievable after that point unless prior arrangement has been made with Luminous Hosting and the appropriate fee paid.

• High System Resource Use. Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. Any one site found impacting on the performance of other clients accounts and/or utilizing in excess of 10% of total server system resources at any particular time shall be suspended. In such an event, Luminous Hosting will adhere to the following procedures:

  1. Notification via electronic mail and temporary account deactivation.
  2. Account deactivation for 48 hours (any two consecutive days).
  3. Permanent cancellation of your account.

  NOTE: Web hosting accounts are not to be used for storage purposes.

• Service Uptime. Please refer to our Service Level Agreement Page.

• Personal Web Hosting Account. Customers on shared hosting accounts may not resell space on their account. Personal shared hosting accounts are to be used by the primary account holder only and therefor must not offer, onsell or in any way receive financial compenation for the provision of web hosting space provided to third parties under any circumstances. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads derived from the act of owning and managing a website service.

• Fraud. By creating a user account, you confirm that the information provided when joining is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Luminous Hosting in its sole discretion. If your account has been revoked, Luminous Hosting reserves the right to refuse application or readmission to engage our services.

• Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

• Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

• Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

• Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

• Nontransferable. Your right to use the Site and related services is not transferable. Any password, account or right given to you to obtain information or documents is not transferable and may only be used by the original service applicant. You may apply to have your account transferred to another holder but in doing so realise a processing fee of $55 will apply. Acceptance of transfer will be at the discretion of Luminous Hosting.

• Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

• Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

• Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

• Third-Party Services. We allow access to or advertise third-party merchant and affiliated sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

• Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

• Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

• Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

• Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

• User Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

• Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE COURT CLOSEST TO SHIRE OF STRATHBOGIE, VICTORIA OR THE MAGISTRATES DISTRICT COURT FOR THE STATE OF VICTORIA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT SHIRE OF STRATHBOGIE , VICTORIA OR THE DISTRICT OF STRATHBOGIE/SHEPPARTON/BENALLA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Luminous Hosting, in the State of Victoria, Australia. As such, the state trading laws of Victoria will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

• Lapsed Accounts and Abandonment. In order to keep Luminous Hosting contact or Subscribed Member (the "Member") roster current, if a Member does not access his or her contact account for a period of 24 months or more, Luminous Hosting may, in its sole discretion, de-register such Member's account. Luminous Hosting will endeavor to notify a Member of Luminous Hosting’s intent to de-register such Member's account by notice to such Member's provided email address at least 60 days prior to deactivation. If the Member fails to respond to such email notice within 30 days after the day it is sent from Luminous Hosting, such Member's account will be de-registered as noted above. Therefore Luminous Hosting strongly recommends that all Members keep their accounts and contact data current and active. While Luminous Hosting desires to prevent active accounts from being terminated prematurely, Luminous Hosting has no obligation to maintain accounts that appear to Luminous Hosting to have been abandoned. Each Member agrees that failure to access his or her account for 12 months or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.

• Verify Members' Address. Luminous Hosting reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from Luminous Hosting.