Acceptable Use Policy

Fabreeze! Web Hosting, hereafter referred to as "Fabreeze!" provides internet World Wide Web page hosting, DNS hosting services.
Fabreeze! has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services. Fabreeze!'s general policy is to act as a neutral provider of access to the global Internet. Fabreeze! reserves the right to suspend or cancel a customers access to any or all services provided by Fabreeze! when Fabreeze! decides that the account has been used inappropriately.

Specific Acceptable Use Policies
Web sites accounts are to be used by the primary owner only. Customers are not permitted to resell, store, or give away web hosting services off of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, personal ads, and customers who own a Reseller account.

Unauthorized Use of Other People's Accounts or Computers
Fabreeze! will strongly react to any use or attempted use of an internet account or computer without the owner's authorization. Such attempts include tricking other people into releasing their passwords, password cracking, security hole scanning etc... Any unauthorized use of accounts or computers by a Fabreeze! customer, whether or not the attacked account or computer belongs to Fabreeze!, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

Commercial Advertisements with E-mail - Spamming
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail servers. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or contact Fabreeze! for whether advertising is allowed or not. Spamming, or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such.

Bandwidth
Fabreeze! provides quotas for bandwidth usage, these accompany plans which are selected by the user. Fabreeze! May suspend your domains if you exceed your bandwidth quota. You may purchase additional bandwidth or contact Fabreeze! for extra free bandwidth, this free bandwidth will be issued at the sole discretion of Fabreeze!

Payment Policies & Invoicing Procedures
All Invoices are in Australian Dollars Currency (AUD) and are not charged any tax.
Fabreeze! requires payment when creating a new account immediately, unless otherwise stated by the plan or offer.
Fabreeze! may charge credit card fees or fees incurred for the customers choice of payment.

Fabreeze will issue invoices 7 days before they are due to ensure you have plenty of time to pay them. Invoices not paid 7 days after the due date will result in the account being suspended until payment is made.
If you are experiencing difficulty with payment please contact customer.service@fabreeze.net and we can work out a payment plan for you.

The owner of the account is responsible for all charges/invoices accrued right up to the termination of their account. Fabreeze! sells debts off to registered collections agencies who recover funds for their own profit.

Cancellation
Fabreeze! reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. Customers may cancel service any time however no refund is due after 30 day money back guarantee, however customers may apply to Sales for a pro-rata refund, which will be given at our discretion.

Lawful Purpose
Fabreeze! reserves the right to refuse service to anyone. Customers may only use Fabreeze! servers for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Fabreeze! expressly forbids anyone from using Fabreeze! servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, satanic materials. The designation of any materials as such described above is left entirely to the discretion of Fabreeze! management. Fabreeze! is intended for the end user only. Customers cannot sublease, sub host, or give away control of any portion of Fabreeze! resources. Doing so could result in immediate account cancellation.

Indemnification
Customer agrees that they shall defend, indemnify, save and hold Fabreeze! harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Fabreeze!, 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.

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

Adult Related Content
Most LEGAL Adult content is permitted on Fabreeze!'s Servers, all content must be 100% legal and comply with ALL U.S. Laws and statutes.

Backups
The Client is responsible for backingup their own data. Fabreeze! will not be responsible for loss of data. Fabreeze does conduct its own backups howerver access to backedup data will be at Fabreeze!'s discretion and may incurr a fee.

Reseller Accounts
Resellers responsible for every term listed on this page. Not only so, but resellers must also ensure their clients also follow this AUP. Failure to do so, can result in the suspension of both the violating reseller client AND the reseller themselves. Resellers may conduct business as they please, of course in regulation of the law; however resellers may not give away free accounts for any new clients for any period of time. Reason: this attracts clients who have a high risk of violating our TOS and may jeopardize your account.
Resellers must collect identifiable information within 3 days of creating a hosting account on Fabreeze!'s servers.

System Resource Usage
If Fabreeze! discovers that a customer's web site or scripts are using an unacceptable amount of a server's resources including, but not limited to: CPU and Memory Usage, we may suspend or terminate the customer's account without notice. On most occasions we may only suspend/terminate accounts without notice if the client's site is in question is likely to jeopardize the smooth running of Fabreeze! servers. Typically, Fabreeze! will email the customer in question, asking them to reduce the resources they are using.

Billing
The customer understands that they are responsible for paying for any network resources that are used to connect the customer's server/site to the Internet. The customer may request that the customer's server/site be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

30 Day Money Back Guarantee
All accounts come with a 30 day money back guarantee. Should a customer not be happy with his account within the first 30 days of his or her account activation. Fabreeze! will request a reason for cancellation, however this . Customers may not ask for a refund after the first 30 days of their account activation!

Suspension
Fabreeze! reserves the right to suspend network access to any customer if, in the judgment of the Fabreeze! network administrators, the customer's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which Fabreeze! chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines/sites were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers/sites that are suspended for the time the Customer's machines/sites were suspended.

Cancellation
Fabreeze! reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. All fees paid in advance of cancellation are non-refundable if Fabreeze! institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

Indemnification
Fabreeze! wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies Fabreeze! for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to Fabreeze! or the bringing of any claim against Fabreeze! by any third-party. This means that if Fabreeze! is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Fabreeze!, plus costs and reasonable attorney's fees.

Disclaimer of Responsibility
Fabreeze! is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. Fabreeze! disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers and managed servers of Fabreeze! must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. Fabreeze! takes no responsibility for any loss of data, income or anything else that you may incur by using our service.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE AUP BY YOU.

Last Updated 18/04/2009