Terms and Conditions

MASSIVE HOSTING acts as a neutral provider of web hosting services to the global Internet. MASSIVE HOSTING may suspend services provided to you or cancel your account if determined that you have violated MASSIVE HOSTING policies. MASSIVE HOSTING is required to enforce the Acceptable Use Policies of our upstream network providers. These include, but are not limited to: UUNet, Sprint, and AT&T.

LAWFUL PURPOSE

MASSIVE HOSTING may refuse service to anyone. You may use MASSIVE HOSTING services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. MASSIVE HOSTING will make the decision as to whether materials violate its policies.

SPECIFIC ACCEPTABLE USE POLICIES UNAUTHORIZED USE

MASSIVE HOSTING will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. This includes "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a MASSIVE HOSTING customer, whether or not the attacked account or computer belongs to MASSIVE HOSTING, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

MASSIVE HOSTING may deny use of *.MASSIVE HOSTING.com third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a *.MASSIVE HOSTING.com third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within MASSIVE HOSTING's sole discretion.

ZERO TOLERANCE

If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation.
MASSIVE HOSTING may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees!
This policy is to promote proper Internet etiquette.

PAYMENT POLICIES

All major credit cards are accepted.
Processing is done via 3rd party International Creditcard merchant.

Please be aware that the processing and overall pricing is done in US-Dollars.

Initial Fees
Payment of the setup fee and first period's charges are required for MASSIVE HOSTING to activate your service.
Setup fees are non-refundable.
Fees for domain name setup, renewal, or transfer are non-refundable.

MASSIVE HOSTING will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made in three days. If the card is again declined and you have not provided alternate valid credit card information, MASSIVE HOSTING will cancel your order. Please note that services will not be activated until payment is received.

Payment by check will only be allowed for payment periods 12 months. Service for check paying customers will only be activated after your check clears bank processing.

Monthly Recurring Charges
You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service. For instance, if you started service on the 15th of the month, your billing due date will be on the 15th each month thereafter.

When paying by credit card, we will automatically charge your credit card on the first day of your billing cycle which may be 1 or 12 months. Your account will be suspended if three attempts to charge the card are declined. MASSIVE HOSTING will notify you by email if your account is suspended, so that you may provide us with another credit card.

 

CANCELLATION

MASSIVE HOSTING reserves the right to cancel your service at any time.
If your account is cancelled because you have violated MASSIVE HOSTING usage policies, no refund will be paid.

You may cancel your service at anytime by sending an email to billing@MASSIVE HOSTING.com.au
Please include the username, password, domain name and the email address you used to sign up for service so we can verify your identity.
When you cancel your account, you forfeit any unused portion of your service for which you have pre-paid.
MASSIVE HOSTING does not provide refunds for monthly services or yearly services ( after the first 7 days grace period) !
You will not receive a refund for time that your account resided on our servers, unless your cancellation is made within the first 7 days of the account sign-up.
After the initial first week of grace period no refund will be given !

Refunds will only be given for full, pre-paid yearly services within the first 7 days of your subscription .

MASSIVE HOSTING reserves the right to deduct US $85 for administration costs of the total yearly charge.
If you are due a refund, MASSIVE HOSTING will send a check or refund your credit card within 30 days of cancellation receipt.

Setup fees, when applicable, are non-refundable. You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, and an IP address, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed.
We apply a $50.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We also reserve the right to report your unpaid balance to credit reporting agencies as well as ISP/web host information services
You may also cancel your account using fax or regular mail.
Any accounts cancelled must include:

· Account name
· The primary contact’s valid signature
· Reason for cancellation
· Last four digits of the credit card or Checking account number on file

The customer is responsible for all money owed on the account from the time it is established to the time that cancellation has been confirmed by MASSIVE HOSTING.

Transferring your domain away from MASSIVE HOSTING does not mean your account is automatically cancelled. You must notify MASSIVE HOSTING to cancel your account, using one of the methods listed above.

PRICING POLICY

MASSIVE HOSTING will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle.

If you signed up for MASSIVE HOSTING under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services.

MASSIVE HOSTING may change package features and specifications at its discretion.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold MASSIVE HOSTING harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MASSIVE HOSTING, 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. Customer agrees to defend, indemnify and hold harmless MASSIVE HOSTING against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MASSIVE HOSTING's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from MASSIVE HOSTING's server.

DISCLAIMER

MASSIVE HOSTING will not be responsible for any damages customers or their enterprises may suffer. MASSIVE HOSTING makes no warranties of any kind, expressed or implied for services we provide. MASSIVE HOSTING disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by MASSIVE HOSTING and its employees. MASSIVE HOSTING reserves the right to revise its policies at any time.

LIMITATION OF LIABILITY

In no event shall MASSIVE HOSTING be liable to customer for any damages resulting from, or related to, any failure or delay of MASSIVE HOSTING in providing access to the internet under this agreement. MASSIVE HOSTING makes no warranties of any kind, expressed or implied for services we provide. MASSIVE HOSTING disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall MASSIVE HOSTING be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if MASSIVE HOSTING has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in MASSIVE HOSTING services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. MASSIVE HOSTING’s liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to MASSIVE HOSTING hereunder. MASSIVE HOSTING will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by MASSIVE HOSTING and its employees by its own negligence or customers errors or omissions. MASSIVE HOSTING reserves the right to revise its policies at any time.