Terms and Conditions

These Terms and Conditions and Acceptable Use Policy (AUP), is an integral part of your Hosting Agreement with Expressnet. If you engage in any of the activities prohibited by this document Expressnet may suspend or terminate your account.

Expressnet reserves the right to modify the Terms and Conditions or the AUP at any time, effective upon posting on the Expressnet Terms and Conditions page

Expressnet maintains daily backups of files and databases to be restored in the event of an Expressnet system failure, however, it is the clients responsibilty to have their own copy of their site and data. Backups are not maintained by Expressnet for client’s use. A client’s request for access to Expressnet’s backup will be at Expressnet’s sole discretion, will be subject to the availability of the required backup and may incur a service fee.

Expressnet reserves the right to refuse service to anyone at any time without being required to specify a reason.

Expressnet may suspend or terminate a client’s account if their usage of server resources is deemed by Expressnet to be excessive.

Expressnet reserves the right to list and link to any customers website hosted on our services.

Payment, Billing Policy and Other Charges

It is the client’s responsibilty to keep their account paid up to date.

Expressnet will email all invoices to the client’s designated email address.

If the account is not promptly settled, the client’s site(s) (for resellers this will include all of the reseller’s customers sites) may be suspended at Expressnet's discretion.

An account handling fee of $10.00 will be charged to the client’s account if an invoice remains unpaid for 7 days or more after the due date for payment.

The client’s account may be terminated by Expressnet for non-payment if an invoice is unpaid 14 days or more after the due date.

Payment by cheque may only be made by prior arrangement.

Overusage charges will be charged and invoiced monthly. Diskspace and Bandwidth overusage is charged on a per Gigabyte or part thereof basis.

The following Other Charges will also apply:

Late Payment Fee $10.00
Dishonored or Declined Payment Fee $30.00
Erroneous chargeback dispute fee $35.00
Suspended Account Re-Activation Fee $30.00
Web hosting Plan Change of Domain $40.00

Refund Policy and 30-Day Money Back Guarantee

Expressnet provides a 30-day money back guarantee which applies to all our web hosting, and VPS plans for new accounts signed up starting 1 January 2008.

Please note that setup fees, migration fees, domain name registration fees, SSL certificates, other professional services, dedicated server packages, control panel licensing fees for VPS and any other third party products or services for which no refund is available are non-refundable.

This policy does not apply to accounts that we have suspended for spamming, breach of contract or any other reason.

If you wish to exercise the 30-day money back guarantee and receive a refund, please contact Expressnet accounts at accounts@expressnet.com.au within the first 30 days of the new account creation.

After the money back guarantee period has expired, no refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to our breach of these terms and conditions or we exercise our rights to terminate an account other than for breach.

Acceptable Use Policy

Expressnet's Acceptable Use Policy (the "Policy") for Expressnet Services is designed to help protect Expressnet, Expressnet's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Expressnet.

Prohibited Uses of Expressnet Systems and Services

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, 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.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Expressnet's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Expressnet's servers, is prohibited. Expressnet accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Expressnet customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Expressnet-hosted domain, or referencing any Expressnet account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Expressnet customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Expressnet network or on another provider's network.
10. Using Expressnet's Services to interfere with the use of the Expressnet network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each Expressnet customer is responsible for the activities of its users and, by accepting service from Expressnet, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Expressnet customer will be forwarded to the Expressnet customer's postmaster for action. If violations of the Expressnet Acceptable Use Policy occur, Expressnet reserves the right to terminate services with or take action to stop the offending customer from violating Expressnet's AUP as Expressnet deems appropriate, without notice.