You must agree to the following terms and conditions
to be able to use the services of 1 Motive
Allowed content
1 Motive does not allow storage and/or display of the
following material on its servers. This includes uploading
to web sites, or transmitting by any material (by e-mail,
uploading, posting or otherwise).
Adult Sites: We prohibit any adult (pornographic) web-sites
on our servers, including paedophile sites, sites linking
to pornographic sites (outside links) and even pornographic
advertisements on your own site. Illegal use: 1 Motive
services may not be used for illegal purposes, or in support
of illegal activities. Gambling Websites: Gambling sites
(online casinos, betting and similar) are prohibited from
being hosted on our servers.
Copyright or trademark infringement: Use of the 1 Motive
service to transmit any material (by e-mail, uploading,
posting, hot linking, directly linking or otherwise) that
infringes any copyright, trademark, patent, trade secret
or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted software.
Distribution of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer systems
are prohibited. Such an offence will result in the immediate
termination of the offending account.
Spamming
Spamming (sending unsolicited commercial or bulk emails)
using our servers is strictly not allowed. Sending spam
emails which include links to a web site hosted on one
of our servers is also forbidden. We reserve the right
to suspend or terminate any site that is linked to from
spam emails. To protect our servers we may impose limits
on the number of emails sent within a particular time
frame from our servers.
Usenet Spamming: We have a zero tolerance policy for
the use of our network for the posting of messages or
commercial advertisements, which violate the rules, regulations,
FAQ or charter of any newsgroups or mailing list. Commercial
messages that are appropriate under the rules of a newsgroup
or mailing list or that are solicited by the recipients
are permitted.
Server Use
We want to allow our customers to use our servers the
best way, but in order to protect other users, we may,
temporarily or not, suspend a site if this site slows
down our servers or uses too much bandwidth. In this case,
we will try to find a solution together with the customer.
You may not use your site to publish material, which
1 Motive determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy,
"material" refers to all forms of communications
including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, and logos),
executable programs, video recordings, and audio recordings.
The following constitute violations of 1 Motive terms
and conditions
Illegal use: 1 Motive services may not be used for illegal
purposes, or in support of illegal activities. 1 Motive
reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing.
Harm to minors: Use of the 1 Motive service to harm,
or attempt to harm, minors in any way, including, but
not limited to child pornography. Threats: Use of the
1 Motive service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property. Harassment: Use
of the 1 Motive service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of the 1 Motive service to make
fraudulent offers to sell or buy products, items, or services,
or to advance any type of financial scam such as "pyramid
schemes" and "chain letters." Forgery or
impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person
by using forged headers or other identifying information
is prohibited.
Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM): Use of the 1 Motive service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate termination
of the offending 1 Motive account.
Unauthorized access: Use of the 1 Motive service to access,
or to attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security measures
of 1 Motive’s or another entity's computer software
or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption
or loss of data, is expressly prohibited and the offending
account is subject to immediate termination.
Server maintenance
We might have, from time to time, to upgrade our servers
or replace an old server with a new one. We reserve the
right to suspend access to such server during the required
time to do the upgrade or exchange the server. In this
event, the users are sent an e-mail at least 24 hours
before the due date and time for upgrade.
Banned Scripts
The following scripts and programs are banned from our
servers due to resource manipulation / server misuse:
Flat file CGI based forums / message boards such as UBB,
iKonboard and UlimateBB
IRC (Internet Relay Chat) scripts or bots
Eggdrops
Proxy Servers
The Anonymizer
Formmail scripts earlier than Matt Wright’s v1.92
script
Spamming / hacking / cracking script
Backups
1 Motive will back-up your data on a regular basis; however,
it is recommended that you keep an independent backup
of all data stored on your virtual server as we are unable
to restore individual files on request.
Technical Support
1 Motive provides technical support to our customers via
a support ticket system. We limit our technical support
to our area of expertise. 1 Motive provides support related
to your web site physical functioning. 1 Motive does not
offer technical support for application specific issues
such as PHP or CGI programming, html, script installation
or any other such issue unless previously agreed.
Modification
We may modify any of these terms and conditions contained,
at any time and in our sole discretion, by posting a change
notice or a new agreement on our site. Your continued
participation now, or within thirty (30) days following
the posting notice of any changes in these terms and conditions,
will constitute a binding acceptance by you of such rules,
changes or modifications. If any modification is unacceptable
to you, your only recourse is to terminate your account.
Uptime Guarantee
We have an availability guarantee of 99.5% availability
per month. If this is not met, we will, on request, credit
your hosting with 1 day for each hour your site is down,
up to a maximum credit of 30 days in any calendar month.
Payment
The client agrees at the time of signing up as a client
of 1 Motive to make in full, payment of the first months
hosting charges and any ongoing monthly service fees if
monthly plan is selected or full annual payment of hosting
charges if annual plan is selected for provision of Web
and Email Hosting Services.
The Starters plan includes 2 GB of data transfer which
is included per month with a 50mb website storage. Account
exceeding this data transfer may purchase more bandwidth
through the control panel.
The business plan includes 10 GB of data transfer which
is included per month with a 200mb website storage. Account
exceeding this data transfer may purchase more bandwidth
through the control panel.
The Advanced plan includes 50 GB of data transfer which
is included per month with a 1000mb website storage. Account
exceeding this data transfer may purchase more bandwidth
through the control panel
Payment can be by money order, direct deposit or credit
card, monthly accounts can only be paid by credit card,
yearly accounts can be paid by Money Order, Credit Card
or Direct Deposit and they will receive an invoice by
postal mail or electronic mail no less than two (2) weeks
prior to the due date of the invoice.
For clients that have chosen to pay by credit card payment
will automatically be deducted from the client's nominated
credit card account on, or within 7 days of, client's
account due date on an annual or monthly basis as nominated
by the client. If an alternate payment method is required,
it is the client's responsibility to contact 1 Motive
and provide notification to this effect.
Where an invoice becomes more than 14 days overdue, the
client's service will be automatically deactivated pending
payment. A re-activation fee will be applied to the client's
account in addition to any outstanding amounts. Reactivation
of service will only occur where the full amount, including
reactivation fee(s), is paid.
1 Motive reserves the right, in its sole discretion,
to deactivate the client's Web Hosting account(s) upon
an indication of credit problems including, but not limited
to, delinquent payments
Cancellation and Refund
Cancellation of any selected hosting plan will be accepted
up to 48 hours after registration of any username and
passwords are supplied to the client. Twenty dollar ($20)
cancellation fee applies after 48 of the username and
password been supplied.
If the client is wishing to receive a refund on the basis
that the service supplied is different to the service
outlined in the select plan, its must occur it must occur
within 30 Days of receiving a username and password. All
refunds after 30 Days are void.
Domain Registration
1 Motive provide no warranty or guarantee that the domain
name applied for will be available for registration by
you, the client. Registration and ongoing use of a domain
name are bound by the relevant naming authority's policies
and procedures. You, the client, agree to irrevocably
waive any claims against 1 Motive that may arise resulting
from the decision of a naming authority to refuse to register
a domain name.
In the circumstances that 1 Motive did not register you
domain name, you accept that it is your responsibility
to ensure that your Domain Name Licence is renewed furthermore;
1 Motive will accept no responsibility or liability for
the renewal of your domain name under these circumstances.
Should 1 Motive undertake the renewal of a domain name
on your behalf where the original registrar for the domain
is different to 1 Motive registrar of choice, the successful
renewal of the domain by 1 Motive will be dependant on
you agreement to transfer the domain to our registrar
of choice.
Domain registration applications will only be processed
upon payment for this service and 1 Motive accepts no
responsibility for delays in domain registration where
the delay results from a third party. Requests for cancellation
of domain registration will be accepted up to 48 hours
after registration of the domain by our registrar. Fees
apply for cancellation of a registered domain.
Requests to transfer ownership of a domain name to a
different entity will be accepted by 1 Motive however,
1 Motive is bound by the relevant policies of the appropriate
naming authority. Fees apply. Official Policy Documentation
for the ".au" domain name space can be located
at www.auda.org.au
1 Motive Registrar of Choice for ".au" domain
name registrations and renewals is NetRegistry, contact
details can be located at www.netregistry.com.au All ".au"
domain registrations and renewals are bound by NetRegistry's
Internet's policies in addition to any conditions stated
in these Terms & Conditions and policies published
by auDA
1 Motive Registrar of Choice for all TLD (.com, .net,
.org, .biz, .info) domain registrations and renewals is
NetRegistry, details accessible at www.netregistry.com.au.
All TLD domain registrations and renewals are bound by
NetRegistry's policies in addition to any conditions stated
in these Terms & Conditions and any policies published
by the relevant naming authority.
Credit Cards
We are happy to accept Visa, MasterCard and Australian
Bankcard cards for payment. We use various fraud prevention
methods to protect ourselves, our merchant account, our
bank and the customer who owns the credit card being used.
This includes tracking the IP number and ISP of the person
who is using the credit card.
If anyone attempts to obtain service using a fraudulent
or unauthorized credit card, your hosting account will
be terminated without warning. We reserve the right to
place an 'account suspended' page on your IP, and we will
cooperate with authorities to report the incident and
the information used to obtain the account, including
your domain name. You will be liable for all charges related
to the event, including but not limited to bank fees,
amounts charged back, and 10% administration fee.
If you have received a credit card statement with our
name on it, and did not order our services, please contact us immediately. Your credit card statement
will be billed as 1 Motive
Interruptions to Service
1 Motive takes no responsibility for any delay, malfunction,
non performance, or other degradation of performance of
any of the Services caused by or resulting from any alteration,
modifications or amendments due to changes and specifications
requested or implemented by the Client whether or not
beyond the Services already supplied.
In the event of total systems failure resulting in the
disruption of service to the Internet from 1 Motive Servers,
1 Motive will endeavour to repair and reinstate the service
within 24 hours of detection depending on the severity
of the failure.
If failure is caused by the Client or any agent or customer
of the Client to whom access to 1 Motive Servers was given,
the Client shall pay all costs to reinstate and/or repair
the Client server.
Indemnification
The customer agrees that it shall defend, indemnify, save
and hold 1 Motive harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's
fees asserted against 1 Motive, its agents, its customers,
officers and employees, that may arise or result from
any service provided or performed or agreed to be performed
or any product sold by customer, its agents, employees
or assigns. The customer agrees to defend, indemnify and
hold harmless 1 Motive against liabilities arising out
of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with
1 Motive's servers; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and
(4) any defective products sold to customer from 1 Motive's
server.
Disclaimer
1 Motive will not be responsible for any damages your
business may suffer. 1 Motive makes no warranties of any
kind, expressed or implied for services we provide. 1
Motive disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by 1 Motive, its employees,
suppliers, customers or any third party. 1 Motive reserves
the right to revise its policies at any time.
Contacting Us
Should you have any question or complaints about our terms
and conditions you are free to contact the 1 Motive Head
Office on 1300 880 233
