Terms and Conditions of service

Please read the following carefully. This document details the terms of use you agree to abide by when using our products and services.

Definitions

Our services

Sqonk provides on going services to clients/customers who pay for them. Examples of these services are (but not limited to):

Account Setup

Upon request we perform the initial creation of the server account for a new customer or client. This involves the technical setup work necessary for our server to host your data files and perform the tasks required.

At our own discretion we may offer to migrate your existing web site data to our servers for free or at a cost depending on the work involved. In all other cases you are responsible for the supply of the data in which you wish us to host.

Domain Name Transfers

Unless it is otherwise agreed, it is your responsibility to organise the transfer and delegation of your domain name to our servers.

Content

Hosting and related services provided by Sqonk may only be used for lawful purposes. As a customer you agree to indemnify and hold harmless Sqonk Pty Ltd from any claims from the use or misuse of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please with the information required.

Examples of unacceptable material on all accounts include:
RC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

Accounts found to be infringing these conditions will be terminated without refund.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to an email concerning abuse within 48 hours may result in the suspension or termination of your services.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice or refund. Violations may be reported to the appropriate law enforcement agency. If in doubt regarding the acceptability of your site or service, please and we will be happy to assist you.

Unless we have been requested to and have undertaken the work on your behalf, It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Customers are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. Any script or executable program found to be adversely affecting server performance or excessively using bandwidth may be disabled with or without notice to the account holder.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam.

"Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

We may also draw issue with sites hosted on our servers that are advertised via SPAM (Spamvertised) This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.

No organisation or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Sqonk Pty Ltd reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. We also reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost of this clean up fee is entirely at the discretion of Sqonk Pty Ltd.

Payments

You agree to supply appropriate payment for the services received from Sqonk, in advance of the time period during which such services are provided. You agree that until and unless you notify Sqonk of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of Sqonk, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Sqonk provides a 7 day grace period from the time the invoice is due and when it must be paid. Unless alternative payment schedules have been agreed upon between yourself and Sqonk the time frame indicated on the invoice is the limit upon which payment is due.

We do our best to give our clients enough leeway to pay their bills and establish a payment cycle that best suits both parties. If we believe there is a discrepancy between the invoices issued to you and the payments received we will make all reasonable efforts to get in contact with you and resolve it.

If we believe all communications with you have not resolved the situation and we are beyond reasonable doubt that you are unwilling or unable to pay for your usage to date your account will be suspended until further notice.

Any service you have utilised and are invoiced for are separate from any other products or services you may purchase or receive an invoice for now or in the future. As a client you unconditionally agree that you will never intentionally withhold, partially or fully, payment for a service as leverage for any other agenda.

Additional Charges

In addition to regular ongoing charges you may be issued an invoice for additional bandwidth usage at the start of the following month if your account is found to have exceeded it’s monthly quota.

Adjustments to Prices

From time to time prices and associated costs for various services will go up. When this happens we will make all reasonable efforts to notify affected customers (no one likes surprises) but Sqonk reserves the right to make such adjustments without notice.

Backups and Data Loss

Full backups are made daily and a copy of your website data is synced offsite nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. They are made for server restoration purposes only. It is the customers’ responsibility to maintain local copies of their web content and any information. If loss of data occurs due to an error of Sqonk, Sqonk will attempt to recover the data without charge to the customer. If data loss occurs due to the negligence of a customer in securing their account, by an action of the customer or an action by a person or persons acting on behalf of a customer, Sqonk will attempt to recover the data from the most recent archive for a AUD $80 per hour fee.

Cancellation and Refunds

Sqonk reserves the right to cancel the account at any time with or without notice. Abusive communications in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time with notification by email or phone. Once we receive your cancellation and have confirmed all necessary information your account will be cancelled. If you do not hear back from us via email or phone, please contact us.

Upon cancellation Sqonk reserves the right to decide an amount, if any, is refundable to you. This will be calculated based on the service usage within the time frame the service is being billed for.

When an account is cancelled all accounts and associated files for you (emails, web site files, databases) are deleted from the server. Our rotating backups may hold a copy of your account for a short while longer but you should make sure you have a copy of everything you may need from your account before going through with the cancellation.

Bandwidth allowance

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be issued an invoice for additional usage at the start of the following month. You should note that your bandwidth usage encompasses both ingoing and outgoing traffic from our server under your account. Excess usage is charged in 1GB blocks rounded up to the nearest GB.

We do our best to work with our clients to alert them to when they are in danger of going over and how rapidly they are using their quota. We may at our discretion even offer advise on how to control and bring your usage down but ultimately you are responsible for what you use.

Server Uptime

We generally aim to keep our server online and running for 99% of each month. This extends only to the reliability of the physical server and the software running on it. Although we have done our best to make sure the equipment is housed in a secure data centre with multiple redundancies and procedures in place we make no guarantees on their behalf and can not be held responsible for outages caused by them or other associated third parties.

Support Availability

Sqonk operates within the hours of 9am to 5pm on weekdays (Australia/Melbourne EST) and will endeavour to provide you with timely support to the best of our ability within these hours.

Indemnification

As a customer you agree that you shall defend, indemnify, save and hold Sqonk Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sqonk Pty Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Sqonk Pty Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sqonk Pty Ltd; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Sqonk’s server.

Disclaimer

Sqonk Pty Ltd shall not be responsible for any damages your business may suffer. Sqonk Pty Ltd makes no warranties of any kind, expressed or implied for services we provide. Sqonk Pty Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Sqonk Pty Ltd and its employees.

Disclosure to law enforcement

Sqonk may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the Terms of Service

Sqonk reserves the right to revise its policies at any time without notice.

If you have any questions or concerns arising out of these terms of service please