Terms of Service

eStyles (referred hereinafter as 'eStyles', 'our', 'we' and 'us') is a web hosting business. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to our terms and conditions below.

eStyles reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. eStyles also reserves the right to make any such modifications in an emergency at our sole discretion.

1. User Conduct

Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to eStyles, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. This means that while using the service, you may not:

eStyles reserves to the right to the final decision on what constitutes abuse.

You understand that by placing information on eStyles' servers that such information becomes available to all Internet users and that eStyles has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of eStyles' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through eStyles or on the Internet generally.

Your use of the service is at your sole risk. eStyles is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on eStyles servers.

2. Resource Usage, Adult-Oriented Sites

Users may not initiate the following on our servers:

Users are also required to abide by the following:

3. Unsolicited e-mail (SPAM) and Mailing Lists

We take a ZERO TOLERANCE stance against the sending of unsolicited e-mail, commonly known as spam, from our servers. Any user who sends out spam will have their account terminated immediately without notice, and information will be forwarded to the appropriate authorities.

Each domain is restricted to sending 250 e-mails per hour. If you require a higher limit, we recommend upgrading to one of our VPS services from which you can send an unrestricted number of e-mails. Any subscription based e-mails that are sent from our servers are required to follow standard mailing list rules, including having an unsubscribe facility in each e-mail. If at any time one of our servers are listed on a spam blacklist for any reason and the listing was caused by an e-mail sent from your account, we will disallow any mailing lists to be sent from that domain again. At our discretion, we may suspend or terminate a users account if they continue to send out mailing lists.

4. Support

eStyles support is limited to assisting you with problems and questions relating directly to any service that eStyles provides to you. All support enquiries must be submitted either through our support system on our website, or over the phone using our official support phone number. Any requests placed through other communication methods, such as any un-official phone numbers, via direct e-mails to our staff or via any instant messaging software will not be answered.

We do not provide support for third party applications/scripts, including ones available through Fantastico De Luxe.

5. Indemnification

You agree to indemnify, defend, and hold harmless eStyles 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, eStyles, 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.

6. Refusal or discontinuation of service

eStyles reserves the right to refuse or discontinue service to anyone at eStyles' sole discretion. eStyles may deny you access to all or part of the service without notice if you engage in any conduct or activities that eStyles in its sole discretion believes violates any of the terms and conditions in this agreement. eStyles shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that eStyles has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. eStyles reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. eStyles also reserves the right to refuse refunds in cases where eStyles believes abuse has taken place.

7. Account-Holder Identification Information

You 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 eStyles with 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.

As a client you are responsible for seeing your email address in your profile is kept up to date as it is the only way we send out communications. eStyles cannot be held liable if your service(s) are disrupted or affected due to an invalid e-mail address in your profile.

Our SMS invoice notification feature is provided free of charge and is considered a "best effort" service. SMS messages are unreliable by nature and we cannot guarantee that every message will reach you. In addition to this, some providers such as "3" may not work at all with this service. You should not rely on this service as the primary way to be notified about a new invoice. You are still required to ensure that you have a working, valid e-mail address set for your billing account in our system.

8. Violation of the Terms and Conditions

If you are a reseller, you are responsible for your client's account(s). If one of your clients is in violation of the terms and conditions, we reserve the right to suspend or terminate the account at our sole discretion, depending on the severity of the violation and will inform you at the email address provided to us on signup. If your reseller account is in violation of the terms and conditions, the same rules apply. We recommend either asking all of your clients to read this Terms of Service, or using this Terms of Service as a base to write your own to give to your clients.

9. Payment Policies

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (30 days, 90 days, 180 days, one year) following the date the account was established. Billing will continue until you cancel your hosting account.

All payments must be identifiable by eStyles. Please include your full username, full name or invoice ID in the description of the payment.

All monetary transactions are in Australian dollars unless otherwise stated. Additional features can be added at any time. eStyles reserves the right to change prices at any time.

For the purpose of billing, each account on our website is a seperate billing account. If any of the services under the one billing account are unpaid and overdue, eStyles reserves the right to disable all services under that billing account, regardless of their paid status, until all money owed is collected.

10. Account Cancellation:

If you are cancelling any of your services with us, we require at least 7 days notice prior to your next payment due date, which can be found on your invoice. As a policy, we do not offer credits or refunds for hosting time already paid for unless your account is covered by our 30 day money back guarantee, or as required by law. To cancel your account, please contact us at sales@estyles.com.au.

All outstanding balances must be paid in full at time of cancellation. Cancellation does not void any owed amounts to eStyles.

If we do not receive payment from you and can not get in contact with you then your account will be suspended 1 week after the invoice due date. If we still cannot get in contact with you, your account and all your data will be removed from our servers 2 weeks after your invoice due date. We will not be held liable for lost data due to account termination.

11. Money Back Guarantee

The 30 day period during which you can request a refund of any money paid to us for hosting services starts from the day your hosting account is activated on our servers. Your account will be terminated immediately following your request. The money back guarantee only applies to web hosting accounts and virtual dedicated servers. All domain names are non-refundable. If you have purchased a domain name and web hosting account from us and request a refund within the 30 day time period, we will only refund the web hosting portion of the fees that you paid. Your domain name will remain active in our account and it will still be under your control until it expires. If a domain name is provided free with a web hosting account that you have paid for as a part of a special promotion, we will deduct the retail value of your domain purchase from the refund amount.

12. Banned Scripts

The following scripts are banned from the server because of: a). Poor programming b). Consume too much server resources which degrades performance c). Security issues

A Zero Tolerance attitude will be taken and enforced against any occurrences of these scripts

13. Data Backups

eStyles provides at a minimu weekly backups of all customer data as a courtesy. In the event of a system failure, we will attempt to restore all client data from our most recent backup. However, we provide no guarantee that the backup will be available for use, or that it will be recent. We strongly urge all customers to implement their own backup strategy so that in the unlikely event of a system restore becoming necessary, our customers can be confident that they have a recent copy of their data. eStyles will not be held liable in the event that we cannot restore or provide a backup to you for any reason.

If a copy of a backup is requested by a customer, there will be a $20 processing fee charged to retrieve the backup and provide it to the customer.

14. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with eStyles or any agent or representative thereof, and constitutes the complete and total agreement between the parties. In the event that any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

eStyles reserves the right to change this Usage Policy at any time without prior notification.

By placing and continuing to maintain or place information on eStyles' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

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