General policies

Last updated 2017/09/29 (September 29th, 2017)

Section 1What do we do with your information?

When you purchase something from our company, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse any of our websites or services, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. From within the hub, you’re able to unsubscribe from general email marketing. Our newsletter (of which you’d either have signed up for in person, during the onboarding process or on our home page) can be unsubscribed from by using the link in the email footer.

Section 2Consent

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, or arrange for service delivery or a billing change, we imply that you consent to our collection of that information to be used for that specific purpose only. If any information needs to be stored under applicable legislation, it will be held accordingly.

If we ask for your personal information for a secondary reason, such as marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. All of our direct marketing methods offer an opt-out process.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at support@inksystems.com.au or mailing us at:

Ink Systems Pty Ltd
Attn: Private Compliance Officer
P.O. Box 1483
Dee Why 2099
NSW Australia

Section 3Disclosure

We may disclose your personal information if we are required to do so by law or if you violate our Terms of Service.

Section 4Our hardware, your data

Our systems & your information is located on hardware that is owned & operated by Ink Systems Pty Ltd. We control the environment and ensure that your data remains safe.

A large portion of our infrastructure is situated in Australia. Other hardware is located within New Zealand, Singapore, parts of Europe, the UK & USA. The individual locations of our platforms are available on each product page (ie. Business hosting) towards the bottom of the accordion.

Payment:

If you choose to pay using a credit card, the details aren’t stored with us, but are stored directly with Stripe, our token-based merchant gateway. It is encrypted according to the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data will be stored for at least as long as is required under applicable legislation/s.

All current payment gateways adhere to the standards outlined by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands including Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help to ensure the secure handling of credit card information by our company & platforms, as well as our carefully selected service providers.

Section 5Third-party services

In general, the third-party providers that we utilise will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. They, like us, also need to adhere to applicable legislation, guidelines & regulations.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. Where possible, we utilise providers who go no further than asking for what’s required from a compliance standpoint.

With these providers, we recommend that you read their privacy policies to ensure you understand the manner in which your personal information will be handled. If you have any concerns, please don’t hesitate to contact them directly for clarification. We’re here to help too if they’re unable to resolve your query.

In particular, it’s important to keep in mind that certain providers may be located in or have facilities that are located in different jurisdictions than yourself or us. This means that if you choose to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Australia and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, as well as Australian legislation.

Once you leave our company’s website or are redirected to a third-party website or gateway, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements, although we do make a conscious effort to only reference websites that we believe to be trustworthy.

Section 6Security

To protect your personal information, we take reasonable precautions and follow industry standards and best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is transmitted to Stripe, our merchant gateway provider, and is never stored with us. Once the card’s first payment has gone through, the details remain with Stripe to make future transactions easier. You’re welcome to remove that data from Stripe at any time via the hub. Although no method of transmission over the Internet or electronic storage can be guaranteed to be 100% secure, we and our financial partners follow all PCI-DSS requirements and implement additional widely accepted industry standards in addition to offloading credit card information.

Section 7Cookies

We use several different cookies across our website/s to provide a better user experience.

You are able to view these through your browser and can opt-out if you’d prefer, however this does tend to cause issues with viewing the website’s content without issues. We’ve tried to make it as compatible as possible, so please let our development team know if you find a problem.

Section 8Age of consent

By using this site, you represent that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence to use this site.

Section 9Changes to this privacy policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.

If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of the information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

We’re an Australian-owned private company with no plans to become anything else, however if our company was to be acquired or merged with another company, your information may be transferred to the new owners so that we/they can continue to sell products and services to you. You would receive advance warning of this eventuality, and would have easy options to move elsewhere before the settlement date.

Questions and contact information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact our Privacy Compliance Officer at support@inksystems.com.au or by mail at the below address.

Ink Systems Pty Ltd
Attn: Privacy Compliance Officer
P.O. Box 1483
Dee Why 2099
NSW Australia

Updated 2017/09/29 (September 29th, 2017)

A large portion of the services rendered by us are electronic services which we deliver to you online. This includes domain names, SSL certificates, hosting accounts, spam filtering and virtual servers, as well as other services – with most of these services, following payment of a prepaid term the service is then automatically delivered to you via email, with management access provided via web interface/s or other system/s.

We render design & development services online too, with the handover occurring upon receipt of the balance payment, at which point we provide all graphics, files, databases & documentation online. In the case of website design & development, this will typically be done via a “ready-to-go” web hosting account.

Our consulting, IT management and contracting services are provided either remotely (via appropriate methods, ie SSH, RDP, etc) or on-site by employees and/or representatives of our company. All hardware and most software & licensing fees applicable to this type of work require up-front payment, with labour being invoiced at the completion of works, or at various stages throughout, depending on the project’s complexity and duration.

Some orders will require hardware to be dispatched to you for your own installation (please ensure there are no special technical or environmental requirements before proceeding with self-installation) or ahead of your scheduled visit from one of our staff or representatives. In these eventualities, we utilise reputable freight companies with consignment tracking, signature on delivery and insurance to the full value of the consignment. Due to these stringent requirements, sometimes we will pass freight fees on to you. While we continually strive to deliver hardware promptly, sadly some delays are out of our control.

Most regular communications between our company and you is via email – this includes support ticket communications, emails, invoices, quotations, project updates and the like. Sometimes we may contact you via telephone, post or person – this can be due to a need for clarification, an apparent inability to contact you, or for operational/financial reasons (ie. to recover owed monies, etc).

If you have any questions about the above, you are welcome to email us at support@inksystems.com.au

Last updated 2017/03/06 (March 6th, 2017)

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, you must provide a clear explanation of the reason for the refund being required and it must be deemed acceptable by our Management team.

Non-returnable items:

  • Gift vouchers
  • Downloadable software products
  • IT services / subscriptions (VoIP, IT Consulting, etc)
  • Domain names (except where possible under registry exemptions)
  • SSL certificates (except where possible under Certificate Authority exemptions)
  • Setup fees
  • Cancellation fees

To complete your return, we require an invoice or proof of purchase.

Refunds (if applicable)

Once your request for refund has been received, you will receive an email confirmation of this from our team.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at support@inksystems.com.au

Sale items (if applicable)

Only regular priced items are potentially eligible to be refunded – unfortunately sale items cannot be refunded.

Shipping

If anything requires posting, you should send it to:

Ink Systems Pty Ltd
P.O. Box 1483
Dee Why 2099
NSW Australia

Electronic/digital service returns all need to be discussed via email to our team.

Domain name information

Click here to view ICANN’s information surrounding Registrants’ Benefits and Responsibilities.

Click here to view ICANN’s information surrounding Registrants’ Education.

Hosting & server policies

Last updated 2017/03/23 (March 23rd, 2017)

These terms govern your subscription of online hosting or a virtual/physical server provided by Ink Systems Pty Ltd.

As used in these terms, “Ink Systems Pty Ltd” means Ink Systems Pty Ltd and “Client”, “you”, or “your” means you. By ordering a service, you acknowledge that you have read these terms, and agree to them and all policies listed on our website. As referred to in these terms, “site” refers to a web address on the internet and “Ink Systems Site” refers to our website located at https://www.inksystems.com.au.

Section 1 – Appropriate use of the service

Ink Systems Pty Ltd provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

  • Client content
    The client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Ink Systems Pty Ltd server in connection with Client’s use of the Services which:

    • violate any state, federal or foreign laws or regulations
    • infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Ink Systems Pty Ltd or any third party
    • are defamatory, slanderous or trade libelous, threatening or harassing content of any type
    • file sharing music, software, bit torrents, video or pictures that contains copyright
    • proxy server software (any type) used to hide users IP or cache content
    • are discriminatory based on gender, race, age or promotes hate
    • contain any type of pornography or illegal drugs or substances (pornography may be hosted on virtual or physical servers on a case-by-case basis)
    • violate any Ink Systems Pty Ltd policy posted on the Ink Systems Site including, but not limited to, our Acceptable Use and Privacy Policy
    • contain viruses or other computer programming defects which result in damage to Ink Systems Pty Ltd, it’s servers or any third party
  • Disk space & data transfer
    The Client may occupy only the amount of disk space allocated to their package on the Ink Systems Pty Ltd server/node and utilise no more than the network data transfer that is allocated to their package by Ink Systems Pty Ltd.
    Additional fees will be charged for exceeding the disk space and/or network quota allowance of your package; alternatively, you may be raised to a higher package if your usage is repeatedly higher and it becomes more cost-effective for you to upgrade package. We will notify you by email if such a change is required.
  • Spam email
    Client shall not use our Services for the emailing of chain letters, junk mail, spam email, bulk emails (with more than 500 recipients, except where agreed prior with our Support team), advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process (see Spam Act 2003). Client also shall not engage in any unsolicited email practices using Ink Systems Pty Ltd Servers or other infrastructure, or otherwise, that mentions or reference any domain hosted on Ink Systems Pty Ltd servers or parked on Ink Systems Pty Ltd DNS servers.
  • Server loads
    Client agrees that any hosting account that uses excessive CPU or Memory resources (50% or more of their allocated resources) for a sustained period of time (10 minutes or more) may be suspended at any time without notice (we provide notice where possible, however if a site is unable to be controlled, the account will be suspended). Ink Systems Pty Ltd reserves the right to terminate accounts that are repeatedly using excessive resources at any time after prior warning has been given. Ink Systems Pty Ltd will offer to backup the clients data and send the backup archive to a destination server of their choice via FTP.
  • Licensed software
    Where Client uses third-party commercial software that requires a licence for usage, Client agrees to only use software to which they hold a current and appropriate licence.
  • Back-up files and processing
    Ink Systems Pty Ltd takes all reasonable steps to safeguard the Ink Systems Pty Ltd Servers and the data contained there-in, however Ink Systems Pty Ltd will not be responsible for any loss of Client data or DNS records stored or intended to be stored on the Ink Systems Pty Ltd Servers and/or back-up platforms. The Client will not be entitled to any form of compensation from Ink Systems Pty Ltd in the event of loss of data. You as the client are responsible for your own backups. Whilst Ink Systems Pty Ltd actively performs a variety of backups daily, there may be times when the backups fail or become unavailable. As such the final responsibility for all your data stored on Ink Systems Pty Ltd Servers is ultimately your own. By acknowledging these terms when ordering your service, you free Ink Systems Pty Ltd from any legal action in the event of data loss and agree that you will not be entitled to any form of compensation for said loss.
  • Software update
    The client agrees that applications and scripts installed using Installatron or Softaculous, or uploaded are the responsibility of the client and must be kept up-to-date. Failure to do so may expose Ink Systems Pty Ltd servers to possible exploits. Costs to restore services may be recovered from the client of the site initially affected.
  • Termination
    Ink Systems Pty Ltd reserves the right to refuse service to anyone. Ink Systems Pty Ltd, in its sole discretion, may immediately terminate these terms if Client engages in any of the foregoing. To report any unacceptable behaviour by a third party using the Services, please contact abuse@inksystems.com.au

Section 2 – Domain names

  • Domain name applications
    Domain Name Registrations are for the period of: .au – 2 years, gTLD – 1-10 years. Domain names are subject to availability and as per policy of the respective Domain Name Registry. The client agrees to accurately provide all details to the best of their knowledge to assist with the application, and confirms that they will not provide false information in order to gain registration of a domain name.
  • Domain name transfers
    Domain Name Transfers can only be processed with the Domain Name Password (known as Auth-Info for .au & EPP for gTLDs). Australian Domain names (.au) due to expire within 90 days will not be automatically renewed upon transfer however will invoice for renewal 21 days ahead of expiration, while gTLD domain names will be renewed for a further 1 year period upon transfer. The clients accept that domain name transfers will be rejected if the domain name has been recently registered or transferred within the last 30 days or is in Domain Locked status. Domain Transfers will also be rejected if the Client Authorisation email sent by the registry is not responded to.

Section 3 – Payment obligations

  • Service fees
    Ink Systems Pty Ltd shall either (i) debit the Client’s credit/debit card (when such information is provided by the Client), or (ii) produce an invoice which will be delivered to the Client by email with additional payment methods. All new accounts must be paid prior to the new account becoming active on our servers. Domain name registration/transfer fees must be paid upfront before the domain name will be registered or transferred. Ink Systems Pty Ltd accepts no responsibility for domain names registered by another party prior to the Client paying the outstanding amount. On-going invoices will be issued twenty-one (21) days prior to the due date. A reminder will be issued seven (7) days before the due date. The 1st overdue notice will be issued one (1) day after the due date. The 2nd overdue notice will be issued seven (7) days after the due date. The 3rd overdue notice will be issued fourteen (14) days after the due date. The account will be automatically suspended twenty-one (21) days after the due date, and a notice will be issued advising of the suspension. Ink Systems Pty Ltd shall be entitled to immediately terminate this Agreement fourty-two (42) days after non-payment or from failure to make timely payments, and permanently delete the account data. If Client terminates this Agreement in accordance with Section 5 hereunder, Client shall be responsible for any outstanding fees owed to Ink Systems Pty Ltd and agrees to pay any and all fees incurred by Client. Because the Services are provided on a pre-paid basis, unless a contract is in place, Client will be responsible for Service fees incurred each cycle regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, and the Client’s service is on a monthly billing cycle, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Ink Systems Pty Ltd for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. For example, if the Client’s account is cancelled at any point in an annual billing cycle, the Client will be entitled to a refund of any unused months minus one (1) month.
  • Late payments
    Any payment not received for services will not incur a late payment fee. Customer shall pay to Ink Systems Pty Ltd any expenses incurred under the direct instruction of the customer, such as hardware procurement costs and software licencing fees. Should payment fail to be made by the customer for such or similar costs, Ink Systems Pty Ltd reserve the right to commence debt recovery and/or legal proceedings to recoup the expenses and costs, including costs incurred during the recovery of such fees (ie. debt collection fees, solicitor fees).
  • Taxes
    Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services. Ink Systems Pty Ltd bills GST (Goods and Services Tax) inclusively across all invoices, and quotes inclusively.
  • Domain names
    If Client chooses to register a domain name(s) through Ink Systems Pty Ltd, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Ink Systems Pty Ltd does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Under special circumstances, there is a chance that an account credit can be provided if Ink Systems Pty Ltd are able to cancel a new domain registration/transfer/renewal under an exemption in domain registry conditions however this should not be relied upon. Domain name registration fees must be paid up front. Ink Systems Pty Ltd accepts no responsibility for domain names registered by another party prior to the Client paying any outstanding amount.
  • Refunds
    Web hosting customers of Ink Systems Pty Ltd are eligible for a 30 day full money back guarantee. Should the customer choose to take advantage of the 30 day money back guarantee, all monies the customer paid for their hosting services will be refunded to them. If the customer paid for their services via credit/debit card, the monies will be returned to the card of payment. If the customer paid for their services via PayPal, the monies will be returned through PayPal – this tends to result in the monies being returned to the PayPal payment source. If the customer paid for their services via another means (BPAY, EFT, etc), Ink Systems Pty Ltd will discuss a refund method with the customer.

Note: this policy does not apply to domain names or SSL certificates.

Section 4 – Customer liability and indemnification

  • Liability
    The parties agree that in no event shall Ink Systems Pty Ltd be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Ink Systems Pty Ltd from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.

Section 5 – Terms, termination & reinstatement

  • Terms & termination
    Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation. Sections 3 – 8 shall survive termination or expiration of this Agreement.
  • Suspension
    If Ink Systems Pty Ltd suspends any type of account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within twenty-one (21) business days of suspension upon approval from Ink Systems Pty Ltd and the receipt of full payment of balances due.
  • Termination
    If a Client terminates their account, Ink Systems Pty Ltd will disable and remove the account(s) the day the client specifies the cancellation to take place and all archives of the clients website(s) and files will be removed. Should the client be in arrears for 42 days or more, as per section 2, the clients site(s) may be terminated without further notice and Ink Systems Pty Ltd will not maintain or provide an archival copy of the Clients Web site(s) or files of any type. It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.

Section 6 – Taxes

  • Taxes
    Client will pay and indemnify and hold Ink Systems Pty Ltd harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

Section 7 – Disclaimer of warranty

  • Warranty
    The services, the Ink Systems Pty Ltd site, including without limitation, all products and services displayed or offered on the Ink Systems Pty Ltd site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. Ink Systems Pty Ltd disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Ink Systems Pty Ltd specifically disclaims any warranty that:

    • the services will be uninterrupted or error-free
    • defects will be corrected as soon as possible
    • there are no viruses or other harmful components
    • the security methods employed will be sufficient

Section 8 – Limitation of liability

  • Limitations of liability
    In no event shall Ink Systems Pty Ltd be liable for damages resulting from loss of data, profits, use of the Ink Systems Pty Ltd site or any Ink Systems Pty Ltd products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Ink Systems Pty Ltd cumulative liability exceed an amount greater than one hundred dollars ($100.00).

Section 9 – Miscellaneous

  • Notices
    Any notices or communication under this Agreement shall be through email and shall be deemed delivered to the party receiving such communication at their registered email address. If posting correspondence to Ink Systems Pty Ltd please use the following address details:Ink Systems Pty Ltd
    PO Box 1483
    Dee Why NSW 2099

Section 10 – Agreement

  • Agreement
    If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Ink Systems Pty Ltd. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of Australia, except with regard to it’s conflict of law rules. This Agreement and Ink Systems Pty Ltd’s policies are subject to change by Ink Systems Pty Ltd without notice. Continued usage of the Services after a change to this Agreement by Ink Systems Pty Ltd or after a new policy is implemented and posted on the Ink Systems Pty Ltd Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Ink Systems Pty Ltd Site for any changes or additions.

Last updated 2017/03/23 (March 23rd, 2017)

An Acceptable Usage Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used.

Ink Systems Pty Ltd’s AUP aims to clearly outline the purposes for which our customers cannot utilise our hosting services and position data on our servers.

This Acceptable Usage Policy (AUP) is an integral part of the policies to which each customer agrees to abide by when signing up for an account with our company. Any violation of this AUP will be deemed a violation of our policies.

We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.

In order to protect our company’s reputation and responsibilities, and guarantee state-of-the-art and reliable hosting services to all our customers, as well as privacy and security for all users, we hereby outline the following AUP rules and conditions to come into effect for each customer signing up for a hosting/server account with our company:

Section 1 – System abuse

Any customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account suspension or termination. Examples include, but are not limited to the following:

  • Unauthorised access, use, probing, or scanning of our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the system and broadcast attacks, forging of any TCP/IP packet header or similar modifications.

  • Any attempt at doing harm to a server or a customer of our services:

    Ink Systems Pty Ltd will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by an Ink Systems Pty Ltd customer unauthorised by the account/computer owner. Such attempts include, but are not limited to the following: ‘Internet scamming’ (tricking other people into releasing their passwords, banking details, etc.), password robbery, security hole scanning, running proxies, proxy lists and any kind of proxy scripts, introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer does or does not belong to Ink Systems Pty Ltd services. The fraud will be subject to actions based on the nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.

  • Background operations/programs on servers:

    ‘Background process’ is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, among others.

    Background processes are not permitted on any of our shared hosting servers, as they tend to lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide high-quality service to all our customers, we cannot permit any background processes to be executed and impede the performance of our network.

  • Excessive use of system resources:

    In order to ensure higher server performance and quality of hosting service, all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, memory usage, inodes, processes, disk I/O, disk space and network traffic. If a hosting account exceeds the allowed amount of system resources, the account owner will typically be granted some grace, however will then be notified to take remedial action in order to reduce the usage, or if the usage is expected then upgrade to a suitable package. If such action is not promptly taken by the owner, the account will be suspended unless an alternative workaround is agreed beforehand with our Support team (PHP restrictions, tighter resource controls, etc).

    If any hosting account is found to be causing degradation of one of our servers and/or our network’s performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. We will take all reasonable steps to contact the customer before taking such action, where possible. Ink Systems Pty Ltd will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing a server degradation.

Section 2 – Spam

Spamming is prohibited (see Spam Act 2003). Users may not utilise our web hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as “spam” or “spamming”).

Spamming is a violation of federal law and will be interpreted as an infringement. Ink Systems Pty Ltd will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilisation of our network or our e-mail services for sending the unsolicited bulk or messages.

Spamvertising is prohibited. ‘Spamvertising’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.

If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.

’E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3rd party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).

‘Unsolicited message’ is a message that is sent against the privacy policy of a website, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertising. For your information, spamming generally includes, but is not limited to the following

  • Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;

  • Sending of junk mail;

  • Use of distribution lists that include people who have not given prior explicit permission to be involved in such a distribution process;

  • Excessive and repeated cross-posting;

  • E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libellous or obscene material, or material of any nature that may be deemed offensive;

  • E-mailing of age-inappropriate communications or content to anyone under the age of 18.

Section 3 – Inappropriate or unlawful content

Content published or transmitted via Ink Systems Pty Ltd’s services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network’s services.

The user of our services is not permitted to post online content or have links to content that:

  • is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against Ink Systems Pty Ltd by offended viewers;

  • promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.

  • represents pornography – any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites (except where explicitly agreed with our Support team; ex. child pornography and other federally illegal forms of pornography);

  • represents infringement on copyright, patents, trademarks, trade secrets, or third party’s intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is not uploaded in compliance with its license agreement or is not freely available for distribution.

Section 4 – Copyrights

Copyrighted material must not be placed on customers’ accounts without the explicit permission of the copyright owner or a person explicitly authorised to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

Section 5 – Corrective actions

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.

We will disable the customer’s account if we deem necessary, at our sole discretion. Upon closing of the customer’s account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms’ section that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer’s account, if we find, at our own discretion, sufficient evidence on the customer’s side.

Closed accounts due to repeated violations will not be re-activated unless unique circumstances apply. A backup may be requested, however it may be subject to certain fees imposed according to the breach of these AUP terms. The fee will be determined by the type and frequency of the violations.

Section 6 – Reporting violations

If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our web hosting system, please contact us immediately. Our team will investigate the situation and provide you with full assistance. You may email abuse@inksystems.com.au to report such an incident.

Section 7 – Revisions

We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our other policies.

Last updated 2017/10/22 (October 22nd, 2017)

Section 1 – Coverage and terminology

This Service Level Agreement (SLA) applies to you (“customer”) if you currently hold an account with any of the Web Hosting or Server services from Ink Systems Pty Ltd (the “Services”) and your account is current (i.e., not past due) with Ink Systems Pty Ltd.

As used herein, the term “Uptime” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer’s service is available for access by third parties via expected protocols and ports (ie. HTTP via port 80), as measured by Ink Systems Pty Ltd.

Section 2 – Service level

Ink Systems Pty Ltd strives to achieve a variety of uptimes as a minimum across our services.

Personal hosting: 99.95%
Business hosting: 99.95%
Email hosting: 99.99%
Reseller hosting: 99.90%
Managed WordPress hosting: 99.99%
SHOUTcast hosting: 99.90%
Virtual servers: 99.99%
Dedicated servers: 99.99%
Colocation: 99.99%

Section 3 – Remedy

Except under the conditions mentioned in the next section below, if the uptime of customer’s service is less than the guaranteed amount, Ink Systems Pty Ltd will issue a credit to customer according to the following tables.

Services with 99.99% SLA:

Service uptime

Downtime in an average calendar month

Credit percentage

99.99% to 100%

0 to 4 minutes 23 seconds

0%

99.95% to 99.99%

4 minutes 23 seconds to 21 minutes 54 seconds

10%

99.90% to 99.95%

21 minutes 54 seconds to 43 minutes and 49 seconds

20%

99.80% to 99.90%

43 minutes and 49 seconds to 1 hour 27 minutes 39 seconds

35%

99.80% or below

more than 1 hour 27 minutes 39 seconds

50%

Services with 99.95% SLA:

Service uptime

Downtime in an average calendar month

Credit percentage

99.95% to 100%

0 to 21 minutes 54 seconds

0%

99.90% to 99.95%

21 minutes 54 seconds to 43 minutes 49 seconds

10%

99.80% to 99.90%

43 minutes 49 seconds to 1 hour 27 minutes 39 seconds

20%

99.50% to 99.80%

1 hour 27 minutes 39 seconds to 3 hours 39 minutes 8 seconds

35%

99.50% or below

more than 3 hours 39 minutes 8 seconds

50%

Services with 99.90% SLA:

Service uptime

Downtime in an average calendar month

Credit percentage

99.90% to 100%

0 to 43 minutes 49 seconds

0%

99.80% to 99.90%

43 minutes 49 seconds to 1 hour 27 minutes 39 seconds

10%

99.50% to 99.80%

1 hour 27 minutes 39 seconds to 3 hours 39 minutes 8 seconds

20%

99.00% to 99.50%

3 hours 39 minutes 8 seconds to 7 hours 18 minutes 17 seconds

35%

99.00% or below

more than 7 hours 18 minutes 17 seconds

50%

The credit will be calculated based on the monthly service charge for the affected Services that the affected client is paying – it takes in to account any applied discounts.

Section 4 – Maintenance procedure

  • Ink Systems Pty Ltd will, where possible, announce any scheduled maintenance at least 24 hours ahead of time to the customer
  • Ink Systems Pty Ltd reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.

Section 5 – Conditions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of service Uptime caused by or associated with circumstances beyond Ink Systems Pty Ltd’s reasonable control, including, without limitation needed for provision of this SLA:

  • acts of any governmental body
  • war
  • insurrection
  • sabotage
  • armed conflict
  • embargo
  • fire
  • flood
  • strike or other labor disturbance
  • interruption of or delay in transportation
  • availability of or interruption or delay in telecommunications or third party services
  • virus attacks or hackers
  • failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts)
  • inability to obtain raw materials, supplies, or power used in or equipment
  • failure of access circuits to Ink Systems Pty Ltd’s Network or it’s upstream providers;
  • scheduled maintenance and emergency maintenance and upgrades;
  • DNS issues outside the direct control of Ink Systems Pty Ltd;
  • issues with FTP, POP, IMAP, Microsoft Exchange or SMTP customer access;
  • false SLA breaches reported as a result of outages or errors of any Ink Systems Pty Ltd’s measurement system;
  • customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, PHP, ASP.Net, etc), any negligence, wilful misconduct, or use of the Services in breach of Ink Systems Pty Ltd’s Terms of Service and Acceptable Use Policy;
  • e-mail or webmail delivery and transmission;
  • DNS (Domain Name Server) Propagation
  • outages elsewhere on the Internet that hinder access to your account. Ink Systems Pty Ltd is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Ink Systems Pty Ltd will guarantee only those areas considered under the control of Ink Systems Pty Ltd, ie their network links, servers and platforms

Section 6 – Credit request and payment procedures

Each request in connection with this SLA must include customer’s account name and the dates and times of the unavailability of customer’s service and must be received by Ink Systems Pty Ltd within ten (10) business days after customer’s service was not available. If the unavailability is confirmed by Ink Systems Pty Ltd, credits will be applied within two billing cycles after Ink Systems Pty Ltd’s receipt of customer’s credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Ink Systems Pty Ltd and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Uptime of customer’s service.

Note: Credits are not refundable and can be used only towards future billing charges.