Terms and Conditions and
Acceptable Use Policy

Our Clients

It is your responsibilty to keep your billing account financial, if your billing account falls in arrears all services (web/email hosting accounts) associated with it will be suspended until account is settled.
You will be given several email notices prior to your hosting accounts being suspended**

You must keep your email address on your account up to date and monitor it regularly as this is the method we contact you with.

It is advised to use an alternate email address than your account you have hosted with us.

Our web design services are priced and provided with the intention of YOUCHOOSE providing the ongoing hosting and management.   
By using our services, you agree to comply with this Policy. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of Australia's export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Interpretation:The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited.

Email Policy

Mass Mailings: Our Upstream Hosting Provider has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of YOUCHOOSE or our Hosting Providers services.

Mailing Lists: Mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused our Upstream Host's mail servers or their IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be responsible and accountable for any and all charges incurred by YOUCHOOSE by our Hosting Provider as a result.  This charge may be up to and including $1000 plus $600 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Service Level Agreement

Coverage and Terminology: This Service Level Agreement (SLA) applies to you ("customer") if you currently hold an account with any of the Shared Web Hosting services from YOUCHOOSE (the "Services") and your account is current (i.e., not past due) with YOUCHOOSE.

As used herein, the term "Web Site Availability" 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 Web site is available for access by third parties via HTTP and/or HTTPS, as measured by YOUCHOOSE.

Service Level Objective: YOUCHOOSE aims to achieve 100% Web Site Availability for all customers.

Remedy: Except under the conditions mentioned in the next section below, if the Web Site Availability of customer's Web site is less than 100%, YOUCHOOSE will issue a credit to customer according to the following table:

The credit will be calculated based on the yearly service fee devided by a factor of 12 to determine the monthly service fee for the affected Services.

Maintenance Procedure

1. YOUCHOOSE will do its best to announce any scheduled maintenance at least 24 hours ahead of time to the customer.
2. YOUCHOOSE 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.

Conditions: Customers shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

1. circumstances beyond YOUCHOOSE's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability 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) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. failure of access circuits to the YOUCHOOSE's Network or it's upstream providers, unless such failure is caused solely by YOUCHOOSE;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of YOUCHOOSE;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any YOUCHOOSE's measurement system;
7. A 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, etc), any negligence, willful misconduct, or use of the Services in breach of YOUCHOOSE's Terms of Service and Acceptable Use Policy;
8. e-mail or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation.
10. outages elsewhere on the Internet that hinder access to your account. YOUCHOOSE is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. YOUCHOOSE will guarantee only those areas considered under the control of YOUCHOOSE : YOUCHOOSE server links to the Internet, and YOUCHOOSE's servers.

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request via email to YOUCHOOSE. Each request in connection with this SLA must include customer's account name (per customer's control panel login) and the dates and times of the unavailability of customer's Web site and must be received by YOUCHOOSE within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by YOUCHOOSE, credits will be applied at the next billing cycle after YOUCHOOSE Hosting'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 YOUCHOOSE and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.

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