FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains and websites residing on BLUE PLATYPUS provided servers or affiliates.
1.0 Content
All services provided by BLUE PLATYPUS may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australia Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BLUE PLATYPUS from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related web hosting of any kind is prohibited on all BLUE PLATYPUS servers. This includes sites that may infer sexual content, or links to adult content elsewhere.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, BLUE PLATYPUS WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to BLUE PLATYPUS servers or any other server on the internet. Links to such materials are also prohibited.
We also do not allow sites with political content as ‘hate sites’, Nazi stuff, or sites that propagate political activity against specific races or countries – especially against the Australia.
Examples of unacceptable content or links or usage:
Pirated (cracked) software
Hacker programs or archives
Warez sites
Copyrighted Material (e.g. MP3’s)
Any Site that consumes more than 5% of system resources
Following are a list of sites that will often require more than 5% of our systems resources: Multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files.
We are not saying that your web site cannot contain such files as scripts (just one example), however if at any time they consume 5% or more of our systems resources you might be contacted to resolve the problem or if an emergency – your account would be disabled.
BLUE PLATYPUS will be the sole arbiter as to what constitutes a violation of these terms.
2.0 System Resource Usage and installed Software
In order to ensure reliablity & server performance over any given time all hosting services are subject to certain resource limitations concerning, but not limited to, server CPU usage, memory usage, database usage, e-mail usage etc. If a hosting account exceeds the allowed amount of system resources, the account owner will be notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner, the account may be suspended. When an excessive CPU usage is detected the account owner may be also suggested to place an order for a CPU upgrade or a service allowing for higher resources. You may refer to the following information to determine if your account exceeds the resource limits allocated:
2.1 Traffic Usage
All account plans come with a predetermined amount of traffic allowance. Your account may be suspended automatically by our systems in the case of that the traffic limit has been reached. This is a) to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.
2.1 Email
Spamming, or the sending of unsolicited email, from a Blue Platypus server or using an email address or domain that is maintained on an Blue Platypus machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too.
Further to this the following email (POP3/IMAP/SMTP) restrictions also apply:
- Files in excess of 15 MB should not be sent via email.
- POP3 connections are limited to 60 per hour.
- Mailing lists should be throttled to send out no more then 500 e-mails per 60 seconds.
2.3 Processor & Memory (CPU/MEMORY) Restrictions
- Memory for any given processor 512 MB.
- Excess of 15 seconds.
- Number of open files should not exceed 64.
- Number of simultaneous processes should not exceed 25.
2.4 Database (MySQL) Restrictions
- 30 concurrent MySQL connections.
- Queries should not exceed 10,000 per hour.
2.5 Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. You can use the chat rooms provided through our control panel.
2.6 Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
2.7 IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
2.8 Forums
You will be allowed to install any kind of Forums software. However – many cgi-based applications may use more system resources than like PHP based software. We recommend the use of applications like phpBB or vBulletin forum software. If necessary we will require you to shut down the forum or move to a dedicated server.
2.9 File Hosting
File hosting and file storage of any type is strictly prohibited on any and all servers within the BLUE PLATYPUS network. You MAY NOT use your BLUE PLATYPUS account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specialises in downloads like download.com or similar and you may not use your BLUE PLATYPUS account as storage repository for MP3, games, video, audio or music files.
3.0 Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of BLUE PLATYPUS is strictly prohibited.
4.0 Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
All Sub-Networks, distributive hosting sites and dedicated servers of BLUE PLATYPUS must adhere to the above policies.
5.0 Billing
5.1 Service Fees
By the account or service activation date BLUE PLATYPUS will deliver by e-mail an invoice in accordance with the applicable Service Fees for services rendered for the current service period. When an invoice is delivered to the client, payment shall be remitted to BLUE PLATYPUS by no later than the specified payment due date. If any outstanding amount is not paid by the applicable due date BLUE PLATYPUS shall be entitled to immediately terminate this agreement for failure to make timely payments.
5.2 Account Deactivations
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $52.25 (Including GST) to be paid prior to reactivating the account.
5.3 Cancellation Refunds
We DO NOT refund unused partial Service Fees for Services. All cancellations must be submitted 30 days before the next billing cycle. Only the authorised account holder or a authorised contact may cancel the account. Authorised contacts are appointed only by the account holder. In the event of cancellation, member will automatically be billed for any excess usage during the then-current calendar month.
To cancel an account, the client must submit a cancellation request via a ticket request from the e-mail address listed within our billing system. Client’s can also cancel a product/service via the clients area directly, http://www.blueplatypus.com.au/clients/
5.4 Currency
All prices are quoted in Australian Dollars. We are not responsible for any currency exchange fees of your credit card company or your bank.
6.0 Limitation of Liability
BLUE PLATYPUS shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Blue Platypus servers going off-line or being unavailable for any reason whatsoever. Furthermore, BLUE PLATYPUS shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BLUE PLATYPUS servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
You agree to indemnify, defend, and hold harmless Blue Platypus from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, BLUE PLATYPUS, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Acceptable Uses Policies should be referred to hosting@blueplatypus.com.au
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
7.0 Disclaimer
BLUE PLATYPUS cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. We are currently functioning as a reseller for the web hosting services. Thus, certain equipment, routing, software, and programming used by Blue Platypus are not directly owned or written by BLUE PLATYPUS. We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller – the seller’s ToS apply. Moreover, BLUE PLATYPUS holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Blue Platypus sees fit. We cannot be held liable for links to other sites placed on our systems by clients – the client/owner of a site is responsible for the content and activity of his/her site!
8.0 Backups and Data Loss
Your use of the BLUE PLATYPUS service is at your sole risk. BLUE PLATYPUS is not responsible for any and all files and data residing on your account on our servers. BLUE PLATYPUS cannot guarantee that the contents of a web site will never be corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any BLUE PLATYPUS server to which you have an account on. In the case that an account backup is required to be restored from a server backup performed by BLUE PLATYPUS a $52.75 fee will incur.
9.0 Termination of Data
For your privacy, all data and files from terminated and cancelled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your BLUE PLATYPUS account.
10.0 Service Uptime Guarantee
BLUE PLATYPUS guarantees 99.9% service (http, https ftp, pop, imap, smtp) uptime on all web hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
| Service Availability | Time | Credit |
| 99.9 – 100% | 0 to 43.2 minutes | 0% |
| 98 – 99.8 | 43.2 mins to 14 hrs 24 mins | 10% |
| 94 – 97.9 | 14 hrs 24 mins to 36 hrs | 20% |
| 90 – 94.9 | 36 hrs to 72 hrs | 50% |
| 89% or below | more than 72 hrs | 100% |
If the uptime guarantee of a web site is less than 99.9%, BLUE PLATYPUS will issue credit to the hosting member in accordance with the above “Service Uptime Guarantee” credit schedule, with the credit being calculated on the basis of the monthly service charge for the affected service.
Exclusions
- Scheduled Maintanence – Our systems will require periodic maintainence and upgrades that may or may not result in services being unavailable for certain periods. This is part of our continuing commitment to providing our members with the highest quality services available.
- Outages caused by the actions beyond the control of BLUE PLATYPUS (including, without limitation, acts of any governmental body, war, terrorism, or “Acts of God” (e.g. fire, tornado, flood, earthquake), including but not limited to Scheduled Maintanence or Service Downtime; DOS attacks or other forms of intrusion are excluded from the uptime/downtime calculations, applications, equipment or facilities of a member or acts or omissions by a member; DNS issues not within the control of BLUE PLATYPUSl; and/or member acts, such as token scripts or misconduct or use of the service in breach of the BLUE PLATYPUS terms of service.
- This Service Uptime Gurantee does not cover Service Downtime caused by problems related to (i) a customer’s local area network; (b) customer-provided Internet connectivity or end-user software; or (c) anything inside customer’s internal network, including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.
11.0 Account Activation
By activating your account with BLUE PLATYPUS, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.
FURTHERMORE, BLUE PLATYPUS retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to Blue Platypus, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply BLUE PLATYPUSwith a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
12.0 Notice
**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $52.25 (Including GST) Cancellation fee will apply. ** Also the proper federal (and your local) authorities will be notified of your actions.
Unless specified – none of the web hosting accounts includes the domain name registration fees. The customer is responsible for registering his/her domain name at the registrar of his/her own choice. We recommend http://www.blueplatypus.com.au. This will allow you one-stop support for everything in regards to your web hosting needs.
13.0 Domain Registration
We are an official Reseller for TPPInternet. Domain Registration fees are non-refundable. It is your responsibility to make sure that you have no spelling errors in the domain name when you register it. Please be advised that domain registrations through blueplatypus.com.au are governed by these terms.
**Please note: Domain Name Registration fees WILL NOT be refunded.**
14.0 Revisions to This Policy
BLUE PLATYPUS reserves the right to revise, amend, or modify this Policy, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.
Last Modified: 10th January 2012
Our Mailing Address is:
PO Box 5476
Gold Coast Mail Centre Qld 9726
Australia