1. General
These Terms and Conditions (“Agreement”) govern the use of the services (“Service”) provided by Host Local (“we”, “our” or “us”). This Agreement represents the whole agreement and understanding between Host Local and the individual or entity who subscribes to our services (“Subscriber” or “you”).
PLEASE ENSURE YOU READ THIS AGREEMENT CAREFULLY. By subscribing to our Service by continuing to use our Service, you agree to and will comply with the terms and conditions set out in this Agreement. Host Local may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Host Local believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party or against applicable law.
Host Local may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting the modified Agreement to this web address (URL): https://hostlocal.com.au/terms/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
2. Services
Host Local offers Subscribers domain name registration, website hosting, and email hosting services for the duration of the service term purchased from Host Local.
Services are provided on the basis of facility and equipment availability. Host Local reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Access to the web and email servers will be terminated upon the expiry of the Service.
Details regarding your account can be found in your account portal at https://secure.hostlocal.com.au/
3. Web Hosting
Hosting plans are available on a month-to-month basis and will be billed in advance accordingly.
All Host Local web hosting services will be billed monthly on the anniversary date of the service commencement.
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. Host Local is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the service anniversary day.
4. Email
Host Local’s email service allows customers to send and receive electronic mail (email) via the Internet. Host Local retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services for other Subscribers and to protect our systems.
As the owner and operator of the systems and other resources utilised to provide services, Host Local has the legal authority to block electronic communications from other entities on the Internet.
Basic email services provided free of charge are done so on a best-effort basis. If you experience email delivery issues as a result of using this free service we strongly recommend making use of our paid business-grade email services.
5. Definition of Unlimited Usage
Host Local definition of “Unlimited”: Host Local does not set an arbitrary limit on the resources a Subscriber may use.
”Unlimited” does not mean: There is no monitoring of bandwidth and resource utilisation.
Host Local hosting is not intended or designed to support the web hosting needs of large businesses or enterprises.
Host Local’s “Unlimited” services are provided as part of a shared hosting environment. Any subscription found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be contacted by Host Local administrators as part of our anti-abuse processes. These Subscribers will then be asked to consider taking up a dedicated server. Continued abuses will result in the account service suspension or termination with 14 days notice.
6. Domain Name Registration
Host Local offers domain name registration and renewal services in partnership with AWS and Instra. Host Local processes registration and renewal services through these respective registrars at its discretion.
You acknowledge and agree that if you choose to transfer the domain name registration to another domain name registrar during the first 6 months of the initial registration, or within 6 months of any successful transfer or renewal of the registration, you may be charged a fee. Host Local is authorised to deny any such transfer requests and will contact you in the event that a transfer request is received.
You acknowledge and agree that Host Local may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorised transfers of your domain name.
Domain names will be automatically renewed while the subscription service remains active and not in arrears.
7. Service Fees / Payments / Invoices
All Host Local fees and charges are quoted and billed in Australian Dollars unless otherwise noted.
Host Local uses an automated payment processing system and only accepts credit card payments. All Subscribers are required to maintain valid credit card information on file for the processing of any applicable service fees. At its sole discretion, Host Local may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
Host Local may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past-due amounts from you, to the extent allowed by law.
Service charges are due at the time of order and on the day of renewal. All billed services must be paid in full.
Invoices for all Host Local services can be found by logging into your account.
Billing enquiries, including disputes, should be brought to Host Local’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended while investigated. You will be subject to chargeback service charges in the event of Host Local incurring charges. Where applicable, Host Local reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.
Accounts will be suspended if their service renewal fees are not paid within 2 working days of the due date. Accounts suspended in this manner can be re-activated upon payment of the overdue amount.
Any applications or requests for services will be declined if payment cannot be successfully processed within 2 working days of an invoice being raised.
Host Local does not charge you any fees relating to the processing of transactions under your account however, your financial provider may still charge you a transaction fee for each payment processed. You will be solely responsible for any such transaction fees.
8. Termination / Plan Change / Refund Policy
Host Local may terminate your Service under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
- Your use of the Service disrupts Host Local business operations or affects any other party
All Subscriber data is removed from Host Local servers for such terminations.
You may request account termination or hosting plan changes at any time by contacting our Customer Service team via our contact information which can be found on the contact page of our website: https://hostlocal.com.au/contact/
When submitting your cancellation request, you must provide the correct username for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
A notice period of 30 days is required for cancellations of services.
Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc.
If your hosting plan includes a free domain name, you may be required to pay an additional Domain Reimbursement Fee to reimburse Host Local for the domain name registration when you do any of the following:
- You cancel your subscription to the hosting plan.
- Your subscription to the hosting plan ends.
- You transfer the domain name to another domain registrar.
Only one refund may be issued for each invoice. Host Local reserves the right to grant or deny any refund requests.
Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
9. Subscriber Responsibility
When you apply to use Host Local services, you will be asked to enter an Email Address and Password. The Email Address and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Email Address and Password you enter from any unauthorised use. IN NO EVENT WILL HOST LOCAL BE LIABLE FOR THE UNAUTHORISED USE OR MISUSE OF YOUR EMAIL ADDRESS AND PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.
10. Prohibited Conduct
Host Local does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the Host Local network or promoting information on websites hosted by Host Local will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Australian (Queensland) laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content, and behaviour prohibited by the Service:
- Content that contains or contains links to: nudity, pornography, adult content, and materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
- Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Host Local account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity, or post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Host Local service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwords of Subscriber Sites (or pages contained therein).
11. Notices
You agree that, unless other instructions are posted on Host Local’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Host Local posted on the Host Local website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
12. Privacy
The Host Local Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of the Subscriber’s personal information. The Host Local Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://hostlocal.com.au/privacy/
Email newsletters will only be sent directly by Host Local. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by Host Local’s designated customer review software provider for customer experience and service feedback.
13. Reservation of Rights
Host Local reserves the right and sole discretion to:
- Censor any website hosted on its servers that is deemed inappropriate.
- Review any account for excessive space or bandwidth utilisation and suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees, for providing fraudulent account information or for fraudulent payment information.
- Terminate any account if the contents of its website result in, or are the subject of, legal action or threatened legal action against Host Local or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Host Local determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
- You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
14. Limitation of Liability
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Host Local makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Host Local is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Host Local.
In no event will Host Local be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Host Local, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Host Local be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted the content that is illegal or promotes illegal conduct.
15. Indemnification
You agree to indemnify and hold Host Local, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Host Local with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
16. Force Majeure
Host Local will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.
17. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
18. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by and shall be construed in accordance with, the laws of the state of Queensland and the federal laws of Australia.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Queensland, Australia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
19. Age of Majority
Host Local does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or that your parent or legal guardian has agreed to accept this Agreement on your behalf.
20. Waiver
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
21. Entire Agreement
This Agreement, as may be updated from time to time and posted at https://hostlocal.com.au/terms/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.