Agreements – Eleven Two Studios

select which agreement you want read

hosting service agreement

All the terms and conditions related to the your hosting service. Make sure you read it thoroughly.

Hosting Privacy Policy

Your privacy is the most important to us. Know more about how we deal with your data.

Acceptable Usage Agreement

To always deliver the best service, we all need to do our parts. This agreement assure that our clients share the same great host we all love.

Hosting Service Level Agreement

Read the SLAs to learn about our uptime guarantees and downtime credit policies.

Web Hosting Agreement

When you signup for a hosting service within Eleven-Two you agree with this Web Hosting Agreement.

This Web Hosting Agreement is between Eleven-Two and the person/persons who use our website hosting and / or domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Services

Eleven-Two agrees to provide the services stated for the price agreed at any given time. The invoiced amount related to the hosting service will describe the specific arrangements regarding the service, price, length of contract, description of service and all related details not covered by this document.

Terms

All Clients are responsible for monitoring their storage space and bandwidth transfer each month. Clients who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If Clients continue to go over, we will do everything possible to fix the problem. We do hold the right to ban accounts for continuous problems. If Clients sign up for an account and cancel it within the first month they will still be charged for the full first month.

Payments

Renewal notices are emailed three days before the actual renew date in your account. If you’re using a credit card / Stripe you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received by the due date a $10 fee will be added. Eleven-Two reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.

YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Eleven-Two to request for termination of services. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless cancelled beforehand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Eleven-Two cannot refund any payments made before.

All annual payments are non-refundable once the 30-day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

Cancellation and Early Termination

Clients must acknowledge that the amount of the services bought is based on the Client’s agreement to pay the fee for the initial term or renewal term.

Server Abuse

Any attempt to undermine or cause harm to a server or Client of Eleven-Two is strictly prohibited.

Eleven-Two will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to Eleven-Two, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – Eleven-Two has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Eleven-Two to be unacceptable use of our services including abuse of server resources.

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. You are responsible for and should evaluate your web-based applications and scripts on a regular basis to ensure they are kept up to date and secure.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Disk Space Abuse

Eleven-Two will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space, contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Eleven-Two client account.

Bandwidth Abuse

The intention of Eleven-Two is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 48 hours to remedy the problem. Failure to do so will result in you being billed for the overages.

Traffic will go unmonitored until you reach the amount of quota allocated to your specific plan. Eleven-Two will be the sole arbiter as to what constitutes a violation of this provision.

AUP

Clients agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Clients agree that Eleven-Two hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Eleven-Two notice to the Client that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Client agrees to cooperate with Eleven-Two reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Eleven-Two and Client regarding the interpretation of the AUP, Eleven-Two commercially reasonable interpretation of the AUP shall govern.

Client Information

Client represents and warrants to Eleven-Two that the information he, she or it has provided and will provide to Eleven-Two for purposes of establishing and maintaining the service is accurate. If Client is an individual, Client represents and warrants to Eleven-Two that he or she is at least 18 years of age. Eleven-Two may rely on the instructions of the person listed as the Primary Client Contact on the Order with regard to Client’s account until Client has provided a written notice changing the Primary Client Contract.

Unsolicited Email & Spamming

Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in account cancelation. Eleven-Two takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, your account may be deleted.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the news group or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If you use the services of another provider to promote a website hosted by or through Eleven-Two (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.9% Uptime Guarantee

(1.) COVERAGE – This 99.9% uptime guarantee applies to any Client in good financial standing with Eleven-Two at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – Eleven-Two endeavors to have the content of your website available for http access by any party in the world 99.9% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss fromEleven-Two to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Eleven-Two’s online ticketing system.

Eleven-Two’s administrators will determine the end of the downtime by a traceroute to Eleven-Two servers outside the Eleven-Two network.

(3a.) SHARED HOSTING CREDITS – In the event that your website is unavailable for less than 99.9%, Eleven-Two will credit the following month’s service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

– 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee

– 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee

– 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee (3b.)

Credit shall not be provided to YOU in the event that you have any outage resulting from:

– scheduled maintenance as posted from time to time at Eleven-Two communication channels,

– your behavior or the performance or failure of your equipment, facilities or applications,

– circumstances beyond Eleven-Two’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,

– You breaking any agreement policy in Eleven-Two’s ‘Terms & Conditions and AUP’ causing a machine to fail as a result.

Technical Support Boundaries

Eleven-Two provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

Unlike many hosting companies We do our best to help with scripts, templates and programming languages. However, under no circumstances is Eleven-Two obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.

CGI Scripts

Each shared web hosting account comes with its own CGI-BIN. You are free to use any CGI scripts you wish; however, we reserve the rights to disable any CGI script that affects normal shared server operation without prior notice.

Indemnification

Client agrees to indemnify and hold harmless Eleven-Two, Eleven-Two’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Client’s services in violation of applicable law or the AUP by Client or any person using Client’s log on information, regardless of whether such person has been authorized to use the services by Client.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Eleven-Two AGAINST LIABILITIES ARISING OF:

(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Eleven-Two’s SERVER.

(2) ANY MATERIAL SUPPLIED BY THE Client INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY

(3) COPYRIGHT INFRINGEMENT AND

(4) ANY DEFECTIVE PRODUCTS SOLD TO Client FROM Eleven-Two’s SERVER.

Disclaimer of Warranties

Eleven-Two does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Eleven-Two disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.

Limitation of Damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Eleven-Two and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by Client for the three months’ service.

Suspension of Services/Termination

Client agrees that Eleven-Two may suspend services to Client without notice and without liability if: (i) Eleven-Two reasonably believes that the services are being used in violation of the AUP; (ii) Client fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Eleven-Two reasonably believes that the suspension of service is necessary to protect its network or its other Clients, or (iv) as requested by a law enforcement or regulatory agency. Client shall pay Eleven-Two reasonable reinstatement fee if service is Eleven-Two following a suspension of service under this subsection.

The Agreement may be terminated by Client prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Eleven-Two fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Client’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Eleven-Two prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Client is overdue on the payment of any amount due under the Agreement; (ii) Client materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Eleven-Two describing the violation in reasonable detail; (iii) upon one (1) days notice if Client’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Client violates Section 5 (Client Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If you break our terms of service/acceptable usage policy, we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However, in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example, if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

Request for Client Information

Client agrees that Eleven-Two may, without notice to Client, (i) report to the appropriate authorities any conduct by Client or any of Client’s Clients or end users that Eleven-Two believes violates applicable law, and (ii) provide any information that it has about Client or any of its Clients or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Backup Copy

Although our servers backups all data automatically, Eleven-Two is not responsible for any content or info hosted.

Client agrees to maintain a current copy of all content hosted by Eleven-Two notwithstanding any agreement by Eleven-Two to provide backup services.

Client agrees to contact Eleven-Two to request any partial or full backup of their hosted content.

Clients are entitled to access their files and database through their Control Panel, FTP or any other options made available by Eleven-Two.

Changes to Eleven-Two’s Network

Upgrades and other changes in Eleven-Two’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Client’s hosted content and/or applications.

Although we will try our best to inform you in advance of any considerable change that may impact your service, Eleven-Two reserves the right to change its network in its commercially reasonable discretion, and Eleven-Two shall not be liable for any resulting harm to the Client.

Notices

Notices to Eleven-Two under the Agreement shall be given via electronic mail to the e-mail address posted for Client support. Notices to Client shall be given via electronic mail to the individual listed as the Primary Client Contact on the Order.

Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Client may change his, her or its notice address by a notice given in accordance with this Section.

Force Majored

Eleven-Two shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Eleven-Two’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing/Law Disputes

The Agreement shall be governed by the laws of the State of New South Wales, exclusive of its choice of law principles, and the laws of Australia, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent.

The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.

This Agreement may be amended only by a formal written agreement signed by both parties or through clickwrap on Eleven-Two website.

The terms on Client’s purchase order or other business forms are not binding on Eleven-Two unless they are expressly incorporated into a formal written agreement signed by both parties or through clickwrap on Eleven-Two website. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its rights under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.

The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.

There are no third party beneficiaries to the Agreement. Neither insurers nor the Clients of resellers are third party beneficiaries to the Agreement. Clients may not transfer the Agreement without Eleven-Two’s prior written consent. Eleven-Two’s approval for assignment is contingent on the assignee meeting Eleven-Two’s credit approval criteria. Eleven-Two may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.

All files stored on Eleven-Two’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limited to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

Cancelation of Service

Eleven-Two reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be prorated and paid by Eleven-Two if we institute our right of cancelation. Any violation of policies which results in extra costs billed to YOU.

Promotional Rates & Special Offers

Eleven-Two may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month’s payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.

Intellectual Property Rights

Material accessible to you through Eleven-Two’s services may be subject to protection under Australia or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Eleven-Two or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Eleven-Two network. If YOU use a domain name in connection with Eleven-Two or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Clients may not use the Eleven-Two network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Eleven-Two will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,

(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and

(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any Client orders, and for handling any Client inquiries or complaints arising there from.

YOU are also responsible for the security of any Client credit card numbers and related Client information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

Static & Dynamic Content Caching

YOU expressly

(i) grant to Eleven-Two a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Eleven-Two under this Agreement and

(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

Eleven-Two shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Eleven-Two. Eleven-Two reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

YOU agree to pay Eleven-Two prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Eleven-Two price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Eleven-Two reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Eleven-Two to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Eleven-Two) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Eleven-Two as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Eleven-Two will reinstate YOUR domain name registration solely at Eleven-Two’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to Eleven-Two

YOU agree to pay Eleven-Two prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Eleven-Two price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

– No response from the Registered Name Holder or Administrative Contact

– Domain name in Registrar Lock Status

– Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

Eleven-Two reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Eleven-Two to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Eleven-Two) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Eleven-Two as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Eleven-Two will reinstate YOUR domain name registration solely at Eleven-Two discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain away from Eleven-Two

Eleven-Two reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

– No response from the Registered Name Holder or Administrative Contact

– Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change

– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Eleven-Two will not be held liable for the failure of a domain name transfer for any reason.

Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

Lawful Purpose

Eleven-Two reserves the right to refuse service to anyone. YOU may only use Eleven-Two server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limited to material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials as such described above is left entirely to the discretion of Eleven-Two management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Eleven-Two may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Sydney, Australia and any dispute will be litigated or arbitrated in Sydney, Australia. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Sydney courts. IN NO EVENT SHALL Eleven-Two’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

PRIVACY STATEMENT

Eleven-Two follows the strict guidelines of our client Privacy Policy. Please make sure you understand this statement fully.

Hosting Privacy Policy

When you signup for a hosting service within Eleven-Two you agree that you will follow this Privacy Policy.

We understand that privacy online is important to our users, especially when conducting business. This statement governs our privacy policies with respect to those users of our hosting and / or make use of the various services offered by Eleven-Two (collectively, “Services”).

“Personally Identifiable Information”

Refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number and email address. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.

What Personally Identifiable Information is collected?

We may collect basic user profile information from all of our users. We collect the following information but not limited to: the names, addresses, phone numbers and email addresses of our users, the nature and size of the business, and the nature and product/s that the intends / contracts with Eleven-Two. All information collected directly by us can be requested contacting us.

What organizations are collecting the information?

In addition to our direct collection of information, our third party service vendors (such as credit card companies, contractors and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our clients. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from our clients. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.

How does Eleven-Two use Personally Identifiable Information?

We use Personally Identifiable Information to customize the site and hosting services, to make appropriate service offerings, and to fulfill buying and selling requests. We may email our clients about research or business opportunities or information related to the subject matter of the service. We may also use Personally Identifiable Information to contact clients in response to specific inquiries, or to provide requested information.

With whom may the information may be shared?

We do not share any client information to any affiliated agencies and / or third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.

How is Personally Identifiable Information stored?

Personally Identifiable Information collected by Eleven-Two is securely stored and is not accessible to third parties or employees of Eleven-Two except for use as indicated above.

Collection of information from the client area

All information entered during the ordering process and from within the client area, is encrypted by use of an SSL certificate. You are free to change any information we have on file which relates to your account with us.

Collection of credit card information

All credit card information entered into the client area or order forms is encrypted by use of an SSL certificate. Credit card information is encrypted, transmitted and stored at our credit card gateway provider. We do not store credit card details on our network and any details obtained are entered into a secure form, which is then encrypted and cannot be viewed in full.

Hosted data stored on our servers

All files, databases and emails hosted on our servers remain your property. We will only access this data for troubleshooting purposes at your request.

Data transmitted to and from your hosting account is not encrypted, unless you have acquired, installed and configured an SSL Certificate. You are responsible for all data stored on your account and agree that you will not store private or financial information on our servers without encryption or security measures in place to protect such information. Our servers are protected by firewalls, intrusion detection and malware scanners, however best practice security measures (such as using secure passwords) still need to be employed on your end.

We reserve the right to remove files which do not comply with our Service Agreement.

Data Storage

All data on your hosting account is stored and backed up in Australia. No account data is sent or stored outside of Australia, apart from what you make publicly available to download via HTTP/HTTPS, IMAP/POP, FTP traffic or third party services such as CDN, Load Balancers etc.

Passwords and login information

Client area and hosting account passwords can only be recovered to the registered email address on your account. Email account passwords are encrypted and can only be reset from the hosting control panel. We do not provide passwords over the phone.

Changes to this privacy policy

We reserve the right to change this policy anytime. You may be notified of substantial changes by any contact info you have provided.

NO GUARANTEES

While this privacy policy states standards for maintenance of data, and while efforts will be made to meet the said standards, Eleven-Two cannot guarantee data integrity. There may be factors beyond our control that may result in disclosure of data. Consequently, Eleven-Two offers no warranties or representations as regards maintenance or non-disclosure of data.

Contact information

If you have any questions about this policy or about this web site, please feel free to contact us by emailing [email protected]

Hosting Acceptable Usage Policy Agreement

When you signup for a hosting service within Eleven-Two you agree that you will follow this Acceptable Usage Policy.

This AUP (Acceptable Usage Policy) governs the use of Eleven-Two’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Eleven-Two regarding the interpretation of this AUP, Eleven-Two’s interpretation, in its reasonable commercial judgment, shall govern.

The following is the entire Acceptable User Policy (‘AUP’) agreement between Eleven-Two and the personal or corporate account holder. Eleven-Two provides World Wide Web Hosting, web design and script installation. Eleven-Two has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Eleven-Two’s general policy is to act as a provider of Internet presence. Eleven-Two reserves the rights to suspend or cancel a customer’s access to any or all services provided by Eleven-Two when we decide that the account has been inappropriately used.

What is Appropriate Usage?

Eleven-Two is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

Eleven-Two is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. Eleven-Two uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

Disk Space

If you use your services consistently with the terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.

Eleven-Two Customers may not initiate the following (below), if any customer does Eleven-Two may terminate the account with no refund. Depending on the situation there will/won’t be warnings sent.

Use 25% or more of system CPU resources for longer than 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any file sharing, bittorrent or other P2P network services, client or server software.
Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc

Bandwidth

In most cases, if you use our services consistently with our terms of Service, visitors to your website will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has.

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Email Storage

We do not provide Email servers within our Hosting servers. We may recommend you a third-party application and provide you services related to this application but we are not responsible for any loss or damage of any kind, or for damages that could happen nor to provide support related to this third-party application if not agreed otherwise.

Unlimited

Unlimited email accounts, sub-domains, FTP accounts and in some cases domains may be advertised. This is subject to how much disk space your account has. So you can create as many emails, sub-domains etc as you want as long as it’s within your disk space limit.

Offensive Content

You may not publish or transmit via Eleven-Two’s service any content that Eleven-Two reasonably believes:

1. constitutes child pornography;
2. constitutes pornography;
3. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
4. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
5. is defamatory or violates a person’s privacy;
6. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
7. improperly exposes trade secrets or other confidential or proprietary information of another person;
8. is intended to assist others in defeating technical copyright protections;
9. clearly infringes on another person’s trade or service mark, patent, or other property right;
10. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
11. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Eleven-Two;
12. is otherwise malicious, fraudulent, or may result in retaliation against Eleven-Two by offended viewers;

Eleven-Two does not accept material such as:

a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.

b) Content ‘published or transmitted’ via Eleven-Two’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Eleven-Two.

Eleven-Two can terminate service for any of the above reasons and it’s at Eleven-Two’s sole discretion to issue a refund

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial Email

Bulk commercial email, mailing lists and email reflectors are allowed on Eleven-Two’s servers, however we do allow a maximum of 500 emails per hour per account. For any emails sent from your Eleven-Two account you must adhere to the following rules:

1. Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
2. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
3. You may not obscure the source of your email in any manner.
4. You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Eleven-Two service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Eleven-Two service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Eleven-Two’s services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

1. you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
2. you are otherwise permitted by established United States copyright law to copy the work in that manner.

Eleven-Two will terminate the service of repeat copyright infringers.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Eleven-Two network.

Disclaimer

Eleven-Two is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Eleven-Two network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Eleven-Two and its customers) without express authorization of the owner of the system or network;
monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the Eleven-Two network.
Use of Eleven-Two’s network in a way that unreasonably interferes with Eleven-Two’s other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

Service Level Agreement

When you signup for a hosting service within Eleven-Two you agree that you will follow this Service Level Agreement. This service level agreement applies only to hosting services as provided by Eleven-Two.

Objectives

This agreement sets out the minimum level of service that Eleven-Two is required to meet and the corresponding penalties for not meeting such levels. Our objective is to provide a continuously operating service that is well beyond the minimum levels specified.

Uptime

The target up-time for primary services is 99.9% each month.

Support

All support requests will be handled as soon as possible. Email / ticket support is provided during standard office hours.

Performance

All services are continuously monitored to ensure rapid response to any faults which may occur. Monitoring is carried out on all primary services. Monitoring feedback is provided upon request.

Service Level Guarantee

The service level guarantee will be measured by Eleven-Two and is based on the up-time.

If Eleven-Two determines that primary services were unavailable for period exceeding the maximum allowable under the prescribed up-time target, and extending for a continuous duration of 1 hour or more per instance, upon the customer’s request, Eleven-Two will credit the customers monthly invoice the prorated charges of one (1) day of the Eleven-Two services fee for each consecutive hour, up to a maximum of 14 days per month.

To receive credit if this guarantee has not been met, the customer must contact Eleven-Two within 30 days of the end of the month for which credit is requested.

Definition of Terms used

Primary services: Network availability, Operating system, Web server, Database servers.

Up-time: the total percentage of hours each month not affected by down-time.

Down-time: the total duration each month for which the primary services are not operating at a reasonable level. Down-time does not include periods for which the primary services are not operating as a result of scheduled outages or outages which can reasonably be determined as resulting from the customers actions.

Customer: Persons to whom the client has authorised access to the web hosting for the purposes of configuration, testing or development or those persons authorised/requested to act on behalf of the client.

Scheduled outages: From time to time upgrades to hardware and or software may be required. Such upgrades will be performed outside of business hours. The client will be notified as far as practicable in advance of such upgrades. Scheduled outages under normal conditions should not exceed 5 hours per year. Under normal conditions the client will be advised via the Eleven-Two technical news mailing list no less than 24 hours in advance of any scheduled outage.

Client: The company or individual so named on the web hosting order or hosting agreement.

select which agreement you want read

hosting service agreement

Hosting Privacy Policy

Acceptable Usage Agreement

Hosting Service Level Agreement

Web Hosting Agreement

Hosting Privacy Policy

Hosting Acceptable Usage Policy Agreement

Service Level Agreement

CONTACT

[email protected]

+61 0424 359 620

select which agreement you want read

hosting service agreement

Hosting Privacy Policy

Acceptable Usage Agreement

Hosting Service Level Agreement

Web Hosting Agreement​

Hosting Privacy Policy

Hosting Acceptable Usage Policy Agreement

Service Level Agreement

CONTACT

[email protected]

+61 0424 359 620

Web Hosting Agreement