TERMS AND CONDITIONS


Datalect reserves the right to suspend or cancel an account holder's access to any or all services provided by Datalect when Datalect decides (at its absolute discretion) that the account has been used in contravention of the Acceptable Use Policy, inappropriately used or otherwise.

1. SERVER USE


Personal accounts are to be used by the account holder only. Personal account holders are not permitted sell, resell, store or give away web-hosting or game services to other parties. Web hosting services are defined as allowing anyone other than the account holder to host content on the owner's web site, with the exception of ad banners, classified ads, and personal ads. Reseller account holders may however resell our Reseller packages.

Datalect reserves the right to refuse service and/or access to its servers to anyone.
Datalect do not allow any of the following content to be stored, linked to or displayed on its servers:

1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
2. Scripts - Any Script that may create a load on the server.
3. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of Datalect.
4. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

2. BANDWIDTH


Each account has an allocated site bandwidth allowance. Bandwidth is monitored and Datalect reserves the right to remove sites that exceed their bandwidth allowance without notice. Excess bandwidth is charged at the rate of $1.50 per GB per month in excess of that allowed for the account holder.

3. HIGH RESOURCE USER POLICY


Resources are defined as bandwidth and/or processor utilization. When an account is found to be excessively using the resources available, Datalect reserves the right its sole discretion, to suspend that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Where appropriate, account holders may be offered an option whereby Datalect continues hosting their account for an additional fee.

4. PAYMENT POLICIES


All accounts are set up on a prepay basis. Although Datalect reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due on each anniversary date of the service, due dates are included on each invoice generated. All accounts are automatically renewed at the end of each prepaid period unless written closure notification is received (and such receipt is confirmed by Datalect to the account holder) at least 14 days (336 Hours) prior to the end of the prepaid period for dedicated servers, and 7 days (168 Hours) for gameservers and webhosting through the support ticket system online.

Where the account holder has exceeded the due date on any invoice Datalect may immediately suspend the account until outstanding charges are paid in full successfully including late fees associated with the account (see '7. EXTRA CHARGES for specific fees related to suspended services). In addition, Datalect reserves the right to suspend other services until the outstanding charges are paid. The account holder is responsible for all outstanding charges on the account.

All invoices will be sent directly to account holders via e-mail. No bills or invoices will be sent by regular mail.

5. PAYMENT OPTIONS


Paypal, Credit Card (VISA, Mastercard, Debit Card) and Direct Debit. Datalect cannot guarantee that a service will be provided until after payments have been cleared.

6. CANCELLATION AND REFUNDS


Datalect reserves the right to cancel the service at any time if it believes the account is being misused, account holders are not entitled to any refund. Account holders may cancel their account at any time. Any incentives offered to account holders when opening the account will also be cancelled. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.

7. EXTRA CHARGES


These only apply under the following terms:

1. Web Hosting and Game Server Package Change - Free of Change
2. Overdue/Suspended Service Charges
  • a) Game Servers - $10.00 per service
  • b) Web Hosting - $5.00 per service
  • c) Dedicated Servers - $50.00 per server

    • 3. Restore Website from Backup - $10
    4. Backup of Site Data or Database - $10
    5. Incorrect Use of Slots on Game Server Accounts - $50

    All fees will attract 10% GST

    8. DEDICATED SERVERS


    Datalect reserves the right to cancel dedicated servers accounts at any time, account holders will not be entitled to a refund. If an account holder contravenes Datalects terms of service, a refund will not be issued in the event of a cancellation.

    9. GAME SERVERS


    Datalect reserves the right to cancel game servers accounts at any time, account holders will not be entitled to a refund. If an account holder contravenes Datalects terms of service, a refund will not be issued in the event of a cancellation.

    10. GOVERNING LAWS


    The agreement between you and Datalect shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

    11. SEVERABILITY


    Each provision of the agreement between you and Datalect including these terms and conditions are severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.

    12. INDEMNIFICATION


    The account holder agrees that it shall defend, indemnify, save and hold Datalect harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Datalect, its agents, its account holders, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by account holder, its agents, employees or assigns. The account holder agrees to defend, indemnify and hold harmless Datalect against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Datalects' servers; (2) any material supplied by the account holder infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to account holder from Datalect' server and any defamatory or allegedly defamatory material on Datalect servers.

    13. DISCLAIMER


    Datalect will not be responsible for any damage, loss or liability the account holder or any third party may suffer. Datalect makes no warranties of any kind, expressed or implied for services we provide. Datalect disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Datalect and its employees or otherwise. Datalect reserves the right to revise its policies at any time.