Terms of Service

The use of services from Yarra Valley Hosting constitutes agreement to these terms.

1 Definitions

1.1.  “Customer” means the person or entity who ordered services provided by Yarra Valley Hosting Australia.

1.2.  “Customer Service” means the relationship between Yarra Valley Hosting Australia staff and the Customer, with the purpose of assisting the Customer with a question they have asked.

1.3.  “eTicket” refers to a secure electronic message sent by the Customer to Yarra Valley Hosting Australia via Client Portal for assistance or for any questions they may have with any Service(s).

1.4.  “Registry” refers to person(s) or entity(ies) responsible for providing registry services. These services include customer database administration, zone file publication, DNS and DNSSEC operation, marketing and policy determination in regards to a top level domain name. A Registry may outsource some, all, or none of these services. Different registries exist for different TLDs.

1.5.  “Service”, "Service(s)" or "Services" means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, and VPS. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Yarra Valley Hosting Australia has sent after the Customer requests the service. The specific details of the Services can be found by logging in to Client Portal or on our website.

1.6.  “Synergy Wholesale” means Synergy Wholesale Accreditations Pty Ltd.

1.7.  "Yarra Valley Hosting", "Yarra Valley Hosting Australia", "Company" or "Business" means Yarra Valley Hosting trading as Yarra Valley Hosting and its Related Body Corporate.

1.8.  “Client Portal” refers to Yarra Valley Hosting Australia’s customer account, billing and management portal, available online at https://yarravalleyhosting.com.au/whmcs/login

1.9.  "We", "our" or "us" refers to Yarra Valley Hosting.

1.10.  "You" or "your" refers to the person or entity who ordered services provided by Yarra Valley Hosting Australia.

2. Acceptance

2.1.  The Customer signified acceptance of our Terms of Service, as well as our Acceptable Use Policy, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement, when they submitted their order to Yarra Valley Hosting Australia for Services, and that order was accepted.

2.2.  The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.

3. Communication

3.1. The Customer agrees to receive emails and/or SMS messages directly relating to the Service(s) provided, as well as marketing and promotional emails and/or SMS messages from Yarra Valley Hosting Australia to the email address and/or telephone number registered to their account. The Customer can unsubscribe from marketing and promotional emails and/or SMS messages only. 

3.2.  The Customer may opt-in to receive email and SMS notifications from our Service Status system in relation to their Service(s). This subscription can be modified at any time by the Customer through Client Portal and is disabled by default.

3.3.  Customers with eligible services may receive service specific notifications (including, but not limited to suspension notices) via SMS to their mobile device if a mobile number is present in Client Portal.

3.4.  If the Customer does not want to receive these mandatory service-specific emails and/or SMS messages (where applicable), they are required to cancel all active Services and close their Account, in accordance with Section 11 of this policy. The Customer may, however, opt-out from receiving marketing and promotional emails and/or SMS at any time by disabling them in Client Portal.

4. Availability of Services

4.1.  While Yarra Valley Hosting Australia will endeavour to provide continuous availability of all Service(s) to the Customer, Yarra Valley Hosting Australia will not be liable for any Service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).

4.2.  Scheduled maintenance will be performed at a time which is deemed suitable by Yarra Valley Hosting Australia, and should it require any Services to be offline for greater than thirty (30) minutes, Yarra Valley Hosting Australia will post details of the scheduled maintenance at least two (2) days prior.

4.3.  Unscheduled maintenance will be performed as required by Yarra Valley Hosting Australia , and should any Service(s) be offline for greater than thirty (30) minutes, Yarra Valley Hosting Australia will post details of the maintenance and any updates until it has been completed. Details of these events can be found at http://status.Yarra Valley Hosting.com.au. If you wish to receive notices by email and/or SMS, please subscribe to service status notifications through Client Portal.

5. Domain Names

5.1.  The Customer acknowledges that whilst Yarra Valley Hosting Australia is not an ICANN and auDA accredited Registrar, any domain name registration, transfer or renewal will be processed through Synergy Wholesale.

5.2.  The Customer acknowledges that they have read, and agree to any applicable Registrant Agreement before purchasing any Domain Name(s) from Yarra Valley Hosting Australia.

5.3.  The Customer acknowledges that all Domain Name(s) are non-refundable once the order has been accepted and processed by Yarra Valley Hosting Australia.

5.4.  Yarra Valley Hosting Australia does not warrant or guarantee that a Domain Name registration, transfer or renewal will be approved by the Registry, irrespective of whether the invoice for the Domain Name(s) has been paid. The Customer should take no action in respect of the requested Domain Name(s) until they have been notified by Yarra Valley Hosting Australia that the Domain Name(s) have been successfully processed and the Customer has verified the action through public WHOIS lookup.

5.5.  The registration and on-going use of the Domain Name(s) are subject to the relevant naming authority’s terms of service and any applicable Registrant Agreement. The Customer is responsible for ensuring awareness of these terms and that they are adhered to.

5.6.  The Customer waives any right to make claim against Yarra Valley Hosting Australia in respect to a decision made by any Registry or Regulatory Body to refuse registration, renewal, transfer or continued use of a Domain Name.

5.7.  The Customer acknowledges that Yarra Valley Hosting Australia is not obligated to renew a Domain Name if the Customer has;

a)     Not confirmed to Yarra Valley Hosting Australia that the domain name is to be renewed, 

b)     or the invoice for renewal has not been paid in full, 

c)     or it is determined that the Customer does not satisfy the eligibility criteria to continue holding the Domain Name licence.

In these circumstances, Yarra Valley Hosting Australia will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via Client Portal and it is the Customer's responsibility to confirm that the renewal request has been successfully processed in full.

5.8.  Domain Name registration, renewal or transfer may be declined by Yarra Valley Hosting Australia if the Customer is in breach of the Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer has other unpaid invoices in their Account.

5.9.  It is the Customer's responsibility to ensure that the Registrant, Technical and Administrative contact information is kept up to date on every domain name. As per registry-registrar policy and agreements, Yarra Valley Hosting Australia will use the Registrant contact information to advise the Customer of any pending expiry, renewal or transfer requests relating to the domain name.

5.10.  Should the Customer choose to terminate all Service(s) with Yarra Valley Hosting Australia, but does not transfer a Domain Name to another registrar, the Customer agrees that Yarra Valley Hosting Australia may contact the Customer after the Account closure to advise of any domain name expiry, renewal or transfer request.

5.11.  The Customer warrants that Yarra Valley Hosting Australia is authorised to act as the Designated Agent to approve any changes made to registrant contact details on behalf of the old or new registrant for any generic top-level domains governed by ICANN.

5.12.  The Customer acknowledges that Enabling ‘ID protection’ on any generic top-level domain governed by ICANN is not considered a material change to the registrant data given that as per ICANN requirements the Registrar holds all original registrant data.

5.13.  The customer acknowledges that Yarra Valley Hosting Australia will reset all Domain Transfer EPP Passwords upon successful completion of any inbound transfer.

5.14.  Customers may choose to apply for a .au direct domain name using a drivers licence, passport or medicare card to verify their Australian presence. If a customer chooses to supply eligibility information using one of these methods, all information is submitted via a secure web form and the data is securely transmitted to Document Verification Service (DVS) for validation. At no point do we store the data entered into the form, we’re only advised if the validation check passes or fails.

5.15.  The Customer acknowledges that each individual validation check to DVS referred to in Section 5.14 costs $1.00 AUD.

5.16.  The Customer acknowledges that in the event where a refund is required for a domain name licence cannot be issued because we were unable to validate the customers eligibility information we will deduct any fees incurred for each DVS validation check.

5.17.  In the event where a Customer chooses to verify their eligibility for a direct .au domain name using a drivers licence, passport or medicare card, the Customer warrants they are authorised to provide any personal information presented and consents to that information being checked with the document issuer or official record holder via a third party system.

5.18.  The Customer acknowledges that placing a pre-order for a domain name does not guarantee the domain name licence will be allocated to them when Yarra Valley Hosting Australia attempts to capture the domain name.

5.19.  The Customer acknowledges that Yarra Valley Hosting Australia will issue a full refund for a pre-order transaction that has not been captured within 30 days after attempting to capture the domain name.

6. Customer General Warranties and Undertaking

6.1.  The Customer warrants that any information supplied to Yarra Valley Hosting Australia is true and correct and will be kept current and up to date via Client Portal.

6.2.  The Customer warrants that they will keep all passwords and sensitive information in a secure location and this information is not shared with any other party.

6.3.  The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Yarra Valley Hosting Australia, its staff, agents or affiliates, which has not been expressly stated in this agreement.

6.4.  The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their Account and/or Service(s). These matters should be referred to the Australian Federal Police for investigation as soon as possible.

7. Yarra Valley Hosting Australia General Warranties and Undertaking

7.1.  Yarra Valley Hosting Australia shall not be liable to the Customer for harm caused by or related to the Customer's Service(s) or inability to utilise the Service(s) unless caused by gross negligence or wilful misconduct.

7.2.  Yarra Valley Hosting Australia shall not be liable to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.

7.3.  Notwithstanding anything else in this agreement, the maximum aggregate liability that Yarra Valley Hosting Australia, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.

7.4.  Yarra Valley Hosting Australia does not warrant that:

a)     Any Service(s) provided will be uninterrupted or error free;

b)     The Service(s) will meet your requirements, other than as expressly set out in this agreement;

c)     The Service(s) will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service(s) or any Yarra Valley Hosting Australia system.

7.5.  Yarra Valley Hosting Australia does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.

7.6.  In no event will Yarra Valley Hosting Australia be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

7.7.  Third party services engaged by the client through cPanel including but not limited to SEO and web design tools are done so at the Customer(s) own undertaking. Yarra Valley Hosting Australia does not provide any express or implied warranty on the quality of their product(s) nor the outcomes expected and is under no obligation to extend support for externally managed or purchased products.

8. Accounts and Billing

8.1.  The Customer agrees to a month to month contract term for Service(s) unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Service(s) with an agreed term), or otherwise agreed in writing. The month to month contract for Service(s) is automatically renewed each month in perpetuity subject to cancellation by the Customer.

8.2.  Monthly Service(s) are established as part thereof, signifying the beginning of a new month denotes commitment till the end of that monthly period.

8.3.  In relation to fees for Service(s):

Fees for Service(s) ordered by the Customer shall begin on the date of the initial order and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.

The order date of any Service(s) will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, SSL certificates, et cetera) for that particular Service.

Unless stated otherwise, fees are due in advance of the billing cycle and will be invoiced to the Customer ten (10) days prior to the due date by default. If a credit card is stored in the Account it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, et cetera) to be rectified before the due date.

Fees for domain names with automatic renewals enabled are due immediately and any stored credit card will be charged prior to processing the renewal at the registry.

8.4.  In relation to fees for upgrades to Service(s):

Upgrades ordered by the Customer on the billing anniversary date will be billed for a full cycle and will continue each cycle on the anniversary date, unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, et cetera).

Upgrades ordered by the Customer after the billing anniversary date will be prorated to the next anniversary date at the full monthly cost. Future fees will appear as the new plan from your existing anniversary billing date.

Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If a credit card is stored in the Account it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, et cetera) to be rectified before the due date.

Additional fees may be payable for upgrades where manual work is required by Yarra Valley Hosting Australia to process the upgrade request.

8.5.  In relation to fees for downgrades to Service(s):

Downgrades will be processed when the request is received from the Customer, unless otherwise specified in the request.

An Account credit will be issued to the Customer’s Account for the difference of any prorated prepaid amount minus the cost of the new plan prorated on the chosen cycle.

Additional fees may be payable for downgrades where manual work is required by Yarra Valley Hosting Australia to process the downgrade request.

8.6.  Fees for one-off Service(s) including, but not limited to, dedicated IP addresses, SSL certificates, instant data blocks and instant disk blocks, are due within seven (7) days of the invoice being issued.

8.7. All published prices are inclusive of any government taxes and charges unless otherwise noted.

8.8.  Any unpaid invoices in the Customer's Account must be paid in full before new Service(s) will be provisioned.

8.9.  Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.

8.10.  Service(s) with unpaid invoices that are more than seven (7) days past the due date will be automatically suspended, with full payment for all outstanding invoices required before the Service(s) can be reactivated.

8.11.  Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Restoration of terminated Service(s) is subject to Yarra Valley Hosting Australia’s Terms of Service.

9. Payments by Credit Card

9.1.  In the event a new Service is ordered by the Customer with payment via credit card, this credit card information may be stored against on the Customer's Account and may be used for future automatic invoice payments.

9.2.  Where a credit card number is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days prior to the due date of the invoice.

10. Refunds

10.1. The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by one of Yarra Valley Hosting Australia’s suppliers:

Domain names; SSL certificates; Google Workspace; and Software licences.

10.2. A full method, if the order was placed within forty-five (45) days of the date that the refund was requested for any of the following Service(s): refund will be provided to either account credit or returned to the original payment

a)     Any shared cPanel web hosting Service; 

b)     Any shared WHM (Reseller) web hosting Service; 

c)     Any dedicated email hosting Service; and

d)     Any VPS hosting Service.

10.3. A pro rata refund will be provided to account credit only if the refund request was made more than forty-five (45) days after the order was placed for any of the following Service(s):

a)     Any shared cPanel web hosting Service;

b)     Any shared WHM (Reseller) web hosting Service;

c)     Any dedicated email hosting Service; and

d)     Any VPS hosting Service.

10.4.  The Customer will not be entitled to a refund if any of Yarra Valley Hosting Australia’s Terms, Policies and Agreements have been breached by the Customer.

10.5.  All other refunds will be processed at the sole discretion of Yarra Valley Hosting Australia, in-line with the Australian Competition & Consumer Commission's published policies and guidelines. More information can be found at http://www.accc.gov.au/consumers/consumer-rights-guarantees.

11. Cancellation

11.1.  The Customer can request cancellation of their Account or any Service(s) for any reason by logging in to Client Portal and submitting a cancellation request. For security reasons, we will not accept cancellation requests by any other method.

11.2.  Any prepaid fees for Service(s) past the current billing month will be refunded in accordance with the Refunds subsection of this agreement once a refund request has been made by the Customer. This can only be done by submitting an eTicket through Client Portal.

11.3.  The Customer agrees to pay any outstanding invoices upon cancellation of their Service(s).

11.4.  If the Customer requests cancellation of a Service after the invoice for the renewal of the Service has been paid, a refund will be issued in accordance with the Refunds subsection of this agreement.

12. Suspension and Termination of Service(s)

12.1.  Yarra Valley Hosting Australia may suspend or terminate Service(s) if:

The Customer is found to be in breach of any policy including but not limited to the Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement;

a)     The Customer has become insolvent or bankrupt;

b)     The Customer has unpaid invoices.

12.2.  Yarra Valley Hosting Australia may decide at its sole discretion to advise a Customer that their Account and/or Service(s) will be terminated by giving fourteen (14) days written notice, and any applicable refunds will be processed as per the Refunds subsection of this agreement.

12.3.  If a Customer’s Account is closed for any reason, or any Service(s) suspended or terminated, the Customer must pay all outstanding invoices by the due dates.

12.4.  If a web hosting, dedicated email hosting or VPS Service is suspended or terminated for any reason, Yarra Valley Hosting Australia is under no obligation to provide the Customer with a copy of any data associated with the Service(s). Yarra Valley Hosting Australia may provide the customer with a backup of the data, if it is available, for a fee of $199.95.

13. Data Management

13.1.  It is the Customer's sole responsibility to maintain regular offsite backups of their data. The Customer will not hold Yarra Valley Hosting Australia liable for incomplete, out of date or corrupt data recovered from backups and archives.

13.2.  For shared cPanel web hosting, shared WHM (Reseller) web hosting and dedicated email hosting Service(s), Yarra Valley Hosting Australia makes every reasonable effort to backup and archive the Customer’s data on a regular basis for the sole purpose of disaster recovery. Yarra Valley Hosting Australia does not take automated system backups of Virtual Private Server (VPS) Service(s) or any other Service(s) unless explicitly stated.

13.3.  In the event of hard disk failure or data corruption of a shared cPanel web hosting or dedicated email hosting server, Yarra Valley Hosting Australia will restore data from the last known verified archive. If backup and archived data appears to be corrupt, the Customer should be prepared to upload all of their data to their Service(s) from their own copy or an off-site backup; and re-create all mailboxes, databases, FTP accounts, et cetera.

13.4.  If the Customer requires Yarra Valley Hosting Australia to supply a backup of their data for an active shared cPanel web hosting, shared WHM (Reseller) web hosting or dedicated email hosting Service, for any reason or purpose that is not the direct fault of Yarra Valley Hosting Australia, a fee of $49.95 per Service will be payable by the Customer before the data will be made available. Services in a suspended, cancelled or terminated state within Client Portal are not considered an active Service.

13.5.  Yarra Valley Hosting Australia is under no obligation to maintain a backup of the Customer’s data following the suspension or cancellation of the Service for any reason.

13.6.  Yarra Valley Hosting Australia holds no responsibility for any issues which arise during the use of third party services including but is not limited to Acronis, Softaculous and Installatron. Issues which occur as a result of failed upgrade attempts by the Customer are outside the control of Yarra Valley Hosting Australia.

13.7.  The Customer has read this far and is eligible for a discount for reading the Terms of Service. Please use the coupon smartcustomer when placing your order which will give you ten percent off your first invoice for any Yarra Valley Hosting Australia product, for any billing period. This coupon can only be used once per customer.

14. Use of Identity

14.1.  The Customer agrees that the use of any Yarra Valley Hosting Australia logo or company information is within approved marketing guidelines.

14.2.  Yarra Valley Hosting Australia agrees not to use a Customer name, logos or information without prior written consent of the Customer.

15. Governing Law

15.1.  The Customer agrees to abide by all local, state and federal laws pursuant to the Service(s) delivered by Yarra Valley Hosting Australia.

15.2.  The Customer agrees that these and all Yarra Valley Hosting Australia Terms, Policies and Agreements are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

16. Changes

16.1.  Yarra Valley Hosting Australia may amend our Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.

16.2.  Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service. If you have any questions about this agreement please contact our Customer Care team via admin@yarravalleyhosting.com.au

 

Acceptable Usage

1. Definitions 

1.1. “CloudLinux” means server-side software that monitors resources to ensure operation within set limits. 

1.2. “Customer” means the person or entity who ordered services provided by Yarra Valley Hosting Australia. 

1.3. “Customer Service” means the relationship between Yarra Valley Hosting Australia staff and the Customer, with the purpose of assisting the Customer with a question they have asked. 

1.4. “eTicket” refers to a secure electronic message sent by the Customer to Yarra Valley Hosting Australia via Client Portal for assistance or for any questions they may have with any Service(s). 

1.5. “Legacy Service” or “Legacy Service(s)” means any Economy, Business, WHM Multi or other Service added from time-to-time that is not currently offered for purchase by new and/or existing Customers through any of Yarra Valley Hosting Australia’s Service procurement channels. 

1.6. “Server Management Jobs” refers to an agreed and assigned configuration task completed by Yarra Valley Hosting Australia technical support team members. These can include, and are not limited to, custom software installations, MySQL configuration, firewall rule configuration, hardware firewall geo-blocking, configuring CloudLinux limits, modifying PHP extensions or installing, configuring or removing Apache modules.

1.7. “Service”, "Service(s)" or "Services" means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, any Legacy Services, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, Self Managed VPS, and Fully Managed VPS services. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Yarra Valley Hosting Australia has sent after the Customer requests the service. The specific details of the Services can be found by logging in to Client Portal or on our website. The specific details of any Legacy Services can be found by logging in to Client Portal. 

1.8. "Yarra Valley Hosting", "Yarra Valley Hosting Australia", "Company" or "Business" means Yarra Valley Hosting and its Related Body Corporate. 

1.9. “Client Portal” refers to Yarra Valley Hosting Australia’s customer account, billing and management portal, available online at https://yarravalleyhosting.com.au/whmcs/login 

1.10. "We", "our" or "us" refers to Yarra Valley Hosting). 

1.11. "You" or "your" refers to the person or entity who ordered services provided by Yarra Valley Hosting Australia. 

2. Acceptance 

2.1. The Customer signified acceptance of this Acceptable Use Policy, as well as our Terms of Service, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement, when they submitted their order to Yarra Valley Hosting Australia for Services, and that order was accepted. 

2.2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed. 

3. Unacceptable Content and Material 

3.1. The Customer may not publish, transmit, distribute or store any content or material on Yarra Valley Hosting Australia’s servers or network that Yarra Valley Hosting Australia believes: 

3.1.1. Constitutes child pornography; 

3.1.2. Is excessively violent or incites, threatens or implies violence; 

3.1.3. Contains harassing content or hate speech; 

3.1.4. Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state; 

3.1.5. Is defamatory or violates a person’s privacy; 

3.1.6. Creates a risk to a person’s safety, health or security; 

3.1.7. Compromises national security or interferes with an investigation by any law enforcement agency; 

3.1.8. Improperly exposes trade secrets or any other confidential or proprietary information of another person or business; 

3.1.9. Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents; 

3.1.10. Clearly infringes on another person or businesses trade mark, patent or property; 3.1.11. Promotes illegal drugs or violates import or export laws; 

3.1.12. Relates to illegal gambling or firearms trafficking;

3.1.13. Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or to Yarra Valley Hosting Australia; 

3.1.14. Is otherwise malicious, fraudulent, or may result in retaliation against Yarra Valley Hosting Australia by offended viewers. 

4. Prohibited Use 

4.1. Shared cPanel web hosting Services may not be used for the following purposes: 

4.1.1. For storage of backup archives nor any data which is not directly related to and accessible through the website itself. 

4.2. Shared WHM (Reseller) web hosting Services may not be used for the following purposes: 

4.2.1. For storage of backup archives nor any data which is not directly related to and accessible through the website itself. 

4.3. Services, including but not limited to shared cPanel web hosting Services, Dedicated Email hosting Services, Virtual Private Servers (VPS) and Fully Managed VPS, may not be used for any of the following activities: 

4.3.1. IRC scripts or bots; 

4.3.2. Proxy scripts or anonymous browsing utilities; 

4.3.3. Image or file hosting scripts (similar to Photobucket, Rapidshare, etc); 

4.3.4. IP scanners; 

4.3.5. Pirated software or “warez” sites; 

4.3.6. Banner advertisement services; 

4.3.7. Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes); 

4.3.8. Hacker focussed sites, archives or programs; 

4.3.9. Sale of any controlled substance without having the appropriate permits; 

4.3.10. Sites promoting illegal activities; 

4.3.11. Any game servers (such as Counter Strike, Half Life, etc); 

4.3.12. Any VoIP service primarily associated with game server communities (such as TeamSpeak); 

4.3.13. Any other purpose that Yarra Valley Hosting Australia have deemed as unacceptable. 

4.4. Fully Managed VPS Services are limited to 10 Server Management Jobs per calendar month. Unless explicitly referenced in Client Portal or our website, any and all other VPS Services do not include complimentary Server Management Jobs. Customer indemnifies Yarra Valley Hosting Australia for any and all changes made as part of a Server Management Job. 

5. Security 

5.1. The Customer acknowledges that they are solely responsible for what is hosted from and stored in the Service and/or Legacy Service. 

5.2. The Customer agrees to keep all PHP and CGI scripts up to date with the latest release or stable versions as directed by the publisher or developer. Failure to do this may result in security vulnerabilities leading to your Service being compromised, defaced or destroyed. 5.3. The Customer warrants that their Service usernames and passwords will be kept in a safe and secure location at all times, and that they will not use dictionary words or consecutive strings as a password. 

5.4. The Customer agrees to keep all file and folder permissions set correctly. If you are unsure of what permissions should be set, please login to Client Portal and use the Permission Fixer. 

5.5. Customers with VPS and/or Fully Managed VPS Services are required to: 

5.5.1. Ensure the VPS and/or Fully Managed VPS is secured as soon the Service has been provisioned by Yarra Valley Hosting Australia; 

5.5.2. Install firewall software (we recommend CSF); 

5.5.3. Perform security audits and updates of system software on a regular basis; 

5.5.4. Change the root password on a regular basis; 

5.5.5. Perform any other maintenance that is required on the VPS and/or Fully Managed VPS Service on a regular basis. 

6. Excessive Resource Usage 

6.1. CloudLinux CPU core, RAM allocations, I/O usage, Processes and inodes count limits apply to all shared cPanel web hosting Services, including Legacy Services. Any Service which exceeds these limits will automatically display a “503 Service Temporarily Unavailable” message to all visitors until the resource usage falls below the assigned limits. Information on the limits assigned to a particular Service can be found on the Yarra Valley Hosting Australia website or by logging into Client Portal 

6.2. For all shared cPanel web hosting Services, including and not limited to SELECT, Starter+, Freedom+ and Premier+ and Shared WHM (Reseller) web hosting Services, the Customer may not: 

6.2.1. Perform any task which unreasonably consumes server resources leading to degradation of the shared hosting server environment for other Customers; 

6.2.2. Consistently utilise the resource allocations as set within CloudLinux to a level at or near to complete utilisation for any singular resource type; 

6.2.3. Perform any task which generates excessive IO load; 

6.2.4. Consume large amounts of system memory; 

6.2.5. Consume more than the allocated inode limit assigned to the Service, where 1 file equals 1 inode; 

6.2.6. Execute a script which takes longer than 180 seconds to complete; 

6.2.7. Operate a script which does not close MySQL connections upon completion; 

6.2.8. Run any server-side or stand-alone processes or daemons; 

6.2.9. Run cron entries with intervals less than 15 minutes;

6.2.10. Use PHP includes that call the full URL instead of a local file (eg. include(http://domainname.com/file.php) instead of using include(“file.php”)); 

6.3. For all VPS Services, including and not limited to Self-Managed or Fully Managed VPS Services, the Customer: 

6.3.1. May not use more than 75% total utilisation of all available vCPU cores for more than 300 seconds; 

6.3.2. May not have a sustained read or write speed of more than 1,000Kb/s over a 300 second period; May not have a sustained network throughput (in or out) of more than 10Mbit/s over 300 seconds; 

6.3.3. Should ensure that they have sufficient physical memory to run all applications and does not continuously use swap space, which causes high IO consumption. 

6.4. Any emails older than 30 days that are stored within the ‘Trash’ or ‘Spam’ folder on any Service may be permanently deleted automatically. 

6.5. Yarra Valley Hosting Australia reserves the right to suspend any Service(s) utilising excessive network resources, and reserves the right to charge excessive usage fees for excessive usage. Yarra Valley Hosting Australia may make reasonable attempts to notify the Customer at the time of suspension, however, notification is not guaranteed and the Customer should ensure they are compliant with all policies at all times. 

6.6. Exemptions to elements of our Excessive Resource Usage policy may be granted on a case-per-case basis in consultation with our technical operations team. For further information, or to request exemption to specific elements, please contact our technical support team.  

7. Backups 

7.1. The Customer warrants they will maintain their own local or off-site backup of their Service data at all times. 

7.2. As per the Terms of Service, Yarra Valley Hosting Australia will not be held liable for data loss under any circumstances and it is the Customer's sole responsibility to ensure that they have a backup of all data. 

7.3. For all VPS and/or Fully Managed VPS Services, the Customer acknowledges that it is their sole responsibility to ensure that the backup space and/or solution has been correctly configured and formatted, and that backups are actively being taken, even if Yarra Valley Hosting Australia staff completed the initial setup and configuration of the VPS and/or Fully Managed VPS Service. 

8. Spam and Bulk Email 

8.1. The Customer warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam). 

8.2. The Customer may not use any purchased email list for individual or bulk email sending. 8.3. Yarra Valley Hosting Australia assigns a limit to outbound emails per domain, per hour on all Service(s). Any Customer who attempts to send more than the allowed and allocated amount will receive an undeliverable message for up to one (1) hour after the limit has been reached. All email over the limit will be discarded. The limits that have been assigned to a Service can be found on the Yarra Valley Hosting Australia website or by logging into Client Portal. 

8.4. Yarra Valley Hosting Australia reserves the right to remove any domain from its outbound mail filtering cluster for any customers on SELF-MANAGED VPS services with the ‘Complete Security Suite’ addon that has been detected abusing the service. 

8.5. The Customer agrees that all mailing list applications, including but not limited to Mailman, will have no more than 4,000 individual email addresses per list per domain. 

8.6. The Customer warrants that all mailing lists used are “opt-in” by the recipient, and all recipients in the list have consented to being on the list. 

8.7. The Customer warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list. 

8.8. The Customer warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003, the United States CAN-SPAM Act 2003 and any other relevant Spam-related legislation that may be created or amended from time to time.  

9. Non-compliance and Remedy 

9.1. Any Services that are found to be in breach of this policy but have not caused any known inconvenience to other Customers will result in an email notification being sent to the Customer asking for changes to be made in order to comply with this policy. The Customer is required to acknowledge this email and advise Yarra Valley Hosting Australia what actions have been taken to remedy the breach. Failure to comply may result in the Services being suspended without additional warning. 

9.2. Any Service(s) that are found to be in breach of this policy that have caused issues and/or degradation of service for other Customers will result in immediate suspension followed by an email notification requesting changes be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed to remedy the breach. 

9.3. Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension followed by an email notification requesting changes be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed to remedy the breach, and a reactivation fee has been paid in full. 

9.4. Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach will result in immediate suspension followed by an email notification advising that the Service(s) must be moved to another provider immediately. Yarra Valley Hosting Australia will supply the Customer with a backup archive of their files if available, and termination of the service and all backup data will occur within seven (7) days. If the Customer does not respond to this notice, the Service(s) may be terminated without further notification. 

9.5. Suspension notification emails (as detailed in 9.1 to 9.4) will be sent to the nominated account holder email address, and the Customer warrants that, in line with the Terms of Service, this address will be kept current and up to date. We recommend using an externally hosted email address to ensure continued delivery of important service information and notifications. 

9.6. Yarra Valley Hosting Australia may, from time to time, use alternate and/or additional notification methods to communicate with the Customer. 

9.7. The Customer will be solely liable for any fees or charges that are paid by Yarra Valley Hosting Australia to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy. 

9.8. As per the Terms of Service, the Customer will not be entitled to a refund if any of Yarra Valley Hosting Australia's Terms, Policies and Agreements have been breached. 

9.9. The Customer has read this far and is eligible for a discount for reading the Acceptable Use Policy. Please use the coupon smartcustomer when placing your order which will give you ten percent off your first invoice for any Yarra Valley Hosting Australia product, for any billing period. This coupon can only be used once per customer. 

10. Changes 

10.1. Yarra Valley Hosting Australia may amend our Acceptable Use Policy at any time. Changes to this agreement will become effective upon their publication to our website.

10.2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service. If you have any questions about this agreement please contact our Customer Care team via email at customercare@Yarra Valley Hosting.com.au.

Privacy Policy

1 Definitions

1.1.  “Customer” means the person or entity who ordered services provided by Yarra Valley Hosting Australia.

1.2.  “Customer Service” means the relationship between Yarra Valley Hosting Australia staff and the Customer, with the purpose of assisting the Customer with a question they have asked.

1.3.  “eTicket” refers to a secure electronic message sent by the Customer to Yarra Valley Hosting Australia via Client Portal for assistance or for any questions they may have with any Service(s).

1.4.  “Registry” refers to person(s) or entity(ies) responsible for providing registry services. These services include customer database administration, zone file publication, DNS and DNSSEC operation, marketing and policy determination in regards to a top level domain name. A Registry may outsource some, all, or none of these services. Different registries exist for different TLDs.

1.5.  “Service”, "Service(s)" or "Services" means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, and VPS. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Yarra Valley Hosting Australia has sent after the Customer requests the service. The specific details of the Services can be found by logging in to Client Portal or on our website.

1.6.  “Synergy Wholesale” means Synergy Wholesale Accreditations Pty Ltd.

1.7.  "Yarra Valley Hosting", "Yarra Valley Hosting Australia", "Company" or "Business" means Yarra Valley Hosting trading as Yarra Valley Hosting and its Related Body Corporate.

1.8.  “Client Portal” refers to Yarra Valley Hosting Australia’s customer account, billing and management portal, available online at https://yarravalleyhosting.com.au/whmcs/login

1.9.  "We", "our" or "us" refers to Yarra Valley Hosting.

1.10.  "You" or "your" refers to the person or entity who ordered services provided by Yarra Valley Hosting Australia.

2. Why and when we collect your information 

2.1. Yarra Valley Hosting Australia collects the information you give us either online or by email, post, facsimile, face to face, over the phone or through our partners, agents, resellers or affiliates. In most cases, the personal information Yarra Valley Hosting Australia will collect from you is the personal information required in order to provide Service(s) to you. This information may include your full name, postal address, telephone number, email addresses, ABN or ACN, facsimile number, date of birth and other relevant details. 

2.2. We also collect your payment details such as your credit card number for provision of Service(s). 

2.3. Yarra Valley Hosting Australia makes use of cookies on all our website properties. A cookie is a small piece of data given to your web browser by our server in order to store information about preferences you may have set. Cookies are also used to track certain interactions with our website and to provide a more personalised experience. You can disable cookies by turning off said functionality in your web browser. Please bear in mind that this may result in the experience becoming degraded. 

2.4. Customers can choose to apply for a .au direct domain name using a drivers licence, passport or medicare card to verify their Australian presence. If customers choose to supply eligibility information using this method, all information is submitted via a secure web form and the data is securely transmitted to the document issuer for validation. At no point do we store the data entered into the form, we’re only advised if the validation check passes or fails. 

3. How do we use your information 

3.1. We collect and use your personal information to deliver Service(s) to you. This includes the sales and technical support component of the Service(s), accounts and billing, maintenance

3.2. As an accredited domain name registrar, we are required to make available the personal information we collect from you when you register, transfer or renew a domain name to a publicly accessible database known as a WHOIS database. The reasoning behind this is that the personal details of registrants should be freely available to all other users of the Internet. This is something that is adopted by the industry as a whole. This does mean we are unable to control how others may use this information accessed from the publicly accessible database. 

3.3. As per regulatory requirements, all accredited domain name registrars must make the WHOIS database available for bulk downloads by third parties who have entered into appropriate agreements with us. 

3.4. We also may use your information to measure interactions with our Service(s), website or products; and to further develop or improve said Service(s), websites or products. Your personal information may also be used for marketing or promotional purposes. If you do not wish to receive any marketing communication you can opt-out and stop future delivery by following the instructions in the communications sent to you which will highlight the appropriate process, or by contacting our Customer Care team via email to admin@yarravalleyhosting.com.au.

3.5. Any telephone conversations you have with us may be monitored or recorded in order to facilitate staff training and for verification purposes. You will always be informed prior to any telephone conversation, and by continuing with the telephone call you are granting approval. 

3.6. Where you purchase Service(s) or products from us that are provided by a third-party (such as SSL certificates, SEO services, et cetera) we are required to collect and disclose your personal information to these providers in order for the Service(s) or products to be rendered. 

4. Disclosure of your information to third parties 

4.1. Any information you supply to Yarra Valley Hosting Australia or any of its related entities may be shared within the group of related entities to facilitate provisioning, maintenance and continued use of Service(s) or products. Each and every related entity shares the same commitment to protecting your personal information. 

4.2. Your personal information may be provided to third parties in order for Service(s) or products to be rendered. This includes supplying web hosting or email hosting Service(s), domain name registration, renewal or transfer and other auxiliary Service(s) such as SSL certificates, SEO services and third-party offerings. 

4.3. We may supply your personal information to third parties in order to provide continued support, sales, billing and administrative functions. 

4.4. Yarra Valley Hosting Australia and all of its related entities maintain strict contracts and agreements with all third party vendors and suppliers that contain privacy and confidentiality provisions which are consistent with the Australian Privacy Law obligations. 

5. Rights and Control of your information 

5.1. You may access the personal information we store by viewing your Account. 

5.2. In the event that you wish to change, modify or update your personal information, this can be achieved by completing the relevant change processes from within your Account. 5.3. The information posted on the publicly accessible WHOIS database can be updated via the appropriate functions from within your Account. 

5.4. In the event that you believe we may hold other personal information about you that is inaccurate, or you wish to change, modify or update this information you have provided, please contact our Customer Care team via email to admin@yarravalleyhosting.com.au for further 

6. Keeping your information secure 

6.1. The transfer and continued retention of any information involves a certain degree of risk irrespective of the circumstances. As such, we take account security very seriously, and keeping your information secure is very important to us. 

6.2. As such, we treat all your data with the utmost security and use a variety of technologies, policies and applications to ensure your data is secured not only from external access, but also from unauthorised access or modification. This includes and is not limited to the use of firewalls, brute-force protection mechanisms, advanced and continually reviewed access controls and restrictions. 

6.3. Your continued use of basic information security protections (such as ensuring strong passwords are set and that these are changed regularly and not shared with anybody) will also help to protect your security and personal information. 

7. Retention of data 

7.1. We will retain your personal data while your account is active and for a period of time after your account is closed to ensure we’re able to deal with any compliance, regulatory or tax issues. 

8. Acceptance 

8.1. The Customer signified acceptance of this Privacy Policy, as well as our Terms of Service, Customer Service Policy, Acceptable Use Policy and any applicable Registrant Agreement, when they submitted their order to Yarra Valley Hosting Australia for Services, and that order was accepted.

9. Changes

9.1. Yarra Valley Hosting Australia may amend our Privacy Policy at any time. Changes to this agreement will become effective upon their publication to our website.

9.2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service. If you have any questions about this agreement please contact our Customer Care team via email at admin@yarravalleyhosting.com.au