• 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
  
  

TECHNICAL SUPPORT BOUNDARIES

Cloudlink provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel and Parallels Plesk control panel interfaces, servers within our immediate responsibility, software which we have provided, websites we have designed and built and any other hosting related issues. However, while we will help you where we can, under no circumstances is Cloudlink neither 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. We will only provide assistance in making sure any Installatron applications that are installed through the cPanel and/or Parallels Plesk control panel interface are installed as directed.

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 right to disable any CGI script that effects normal shared server operation without prior notice (this section does not apply to virtual private servers).

CHAT ROOMS

We do not allow you to install your own chat rooms within a shared hosting account, without approving it first with Cloudlink. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real-time' chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.

SMTP MAIL SERVER ABUSE

We do not allow you to send outbound mail to more than 100 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account without prior approval from Cloudlink with a maximum file size of 20MB per email message. If you violate Cloudlink policies persistently in email activities, your account will be suspended and deleted.

BACKGROUND RUNNING PROGRAMS

We may allow programs to run continually in the background only after consultation with us. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed (this section does not apply to virtual private servers). You are allowed to run cron jobs but at a maximum of once every 10 minutes. Please contact our technical support department at support@cloudlink.com.au if you require background programs to run more frequently.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited. You can however, install IRC clients on our virtual private servers.

AFFILIATES / PARTNER PROGRAM

We currently do not allow you to be an affiliate of yourself and you can not be an affiliate for any special deals which are not advertised on our site. This means you can be an affiliate for clients who purchase using promotions we have on our site, however you can not be an affiliate for clients who choose to purchase using promotions we have running on other sites (i.e., Oz Bargain). All affiliate payments will be made to your account with us as credit only, we do not provide a cash payment.

SUPPORT FOR SPECIAL DEALS

Support for special deals posted by Cloudlink on sites such as Oz Bargain will be by the ticket system or by online chat only. We do not provide phone support on these deals. If you require phone support on those deals, you can purchase it at $4.95 per month in addition to the hosting cost. This excludes deals that we post on our own site as we provide full support for those.

EXTRA BANDWIDTH

If you go over your allocated bandwidth for the billing month you will be charged $3.30 / GB for shared hosting clients and $2.20 / GB for VPS clients.

GAME SERVERS

Due to increased risk of DDoS attacks, we do not allow game servers to be hosted on our network. If you are found to be hosting a game server, forum or website related to game servers, we will terminate your account without refund.

PAYMENT POLICIES

With the exception of website design, all accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Cloudlink 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 Cloudlink to request for termination of services. All payment is in Australian Dollars and all prices include Goods and Services Tax (GST). Cloudlink will bill each client $50.00 per bounced cheque and per credit card chargeback received. All Cloudlink accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter or longer billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at accounts@cloudlink.com.au should you wish to change your anniversary billing cycle.

CANCELLATION OF SERVICE

Cloudlink reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Cloudlink if we institute our right of cancellation prior to the end of your billing period. If, after you are notified that we are cancelling your account, you decide to leave before the end of your billing period, we will NOT provide any refunds. Any violation of policies which results in extra costs will be billed to you (i.e. transfer, space etc.). All of Cloudlink PLANS are backed by a 30-day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding any setup fees, domain registration fees, SSL certificate fees, add-on/upgrade fees and overages. If you cancel, the full contract amount less any fees and overages will be refunded if Cloudlink is notified within the first 30 days following activation. We DO NOT provide refunds for any services beyond the first 30-day money back guarantee. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For security reasons, all account cancellations must be done via our cancellation form in your Cloudlink account client area. Phone or email requests will not constitute acceptance of any cancellation.

PROMOTIONAL RATES AND SPECIAL OFFERS

Cloudlink may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable 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. Unless specifically stated, different promotional fees and special offers may not be combined together.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Cloudlink services may be subject to protection under Australian 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 Cloudlink 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 Cloudlink network. If you use a domain name in connection with Cloudlink 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

Customers may not use the Cloudlink 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 authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation'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, denial of service (DOS) attacks, distributed DOS (DDOS) attacks, or other deliberate attempts to overload or crash a host or network. Cloudlink 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:

1. The accuracy and appropriateness of content and materials appearing within the store or related to your products,
2. 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
3. Ensuring that the content and materials appearing within the store or related to your products are not libellous or otherwise illegal.
   
   

You will be solely responsible for the final calculation and application of shipping and GST. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer enquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer 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 AND DYNAMIC CONTENT CACHING

You expressly

1. Grant to Cloudlink a licence to cache the entirety of your website, including content supplied by third parties, hosted by Cloudlink under this Agreement and
2. 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

Cloudlink shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Cloudlink. Cloudlink 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 Cloudlink prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Cloudlink 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, cancelled or transferred prior to the end of your then current registration term. Cloudlink 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 verified any information as 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 Cloudlink) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Cloudlink 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. Cloudlink will reinstate your domain name registration solely at Cloudlink discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. For domain transfers to Cloudlink you agree to pay Cloudlink prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Cloudlink 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
• For non .au domains, 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 Cloudlink reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
  
  

SSL CERTIFICATES

You agree to pay Cloudlink prior to the effectiveness of the desired SSL Certificate registration, the then-current amount set forth in the Cloudlink price schedule for the initial registration of the SSL Certificate 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/website is suspended, cancelled or transferred prior to the end of your then current registration term. Cloudlink 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 SSL Certificate will not be registered unless and until we receive actual payment of the registration fee. Some SSL Certificates require certain information to be provided to the Certification Authority prior to the certificate being issued. It is your responsibility to provide this information either by phone, fax or email. You agree not to chargeback a credit card (or revoke payment of any kind) if your SSL certificate has not been issued due to you not providing information or replying to emails or any other reason where Cloudlink has not been involved.

LAWFUL PURPOSE

Cloudlink reserves the right to refuse service to anyone. You may only use Cloudlink 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 Australia, 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 limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicenced MP3s". The designation of any materials as such described above is left entirely to the discretion of Cloudlink management.

If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Cloudlink 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 Brisbane, Queensland, and any dispute will be litigated or arbitrated in Brisbane, Queensland. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Brisbane courts. IN NO EVENT SHALL Cloudlink MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS.

INDEMNIFICATION

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Cloudlink HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE LAWYERS FEES ASSERTED AGAINST Cloudlink, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Cloudlink AGAINST LIABILITIES ARISING OUT OF:

1. ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH OUR SERVERS.
2. ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY,
3. COPYRIGHT INFRINGEMENT AND
4. ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM OUR SERVERS.
   
   

DISCLAIMER

CLOUDLINK WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. CLOUDLINK MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. CLOUDLINK DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CLOUDLINK AND ITS EMPLOYEES. CLOUDLINK RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND VIRTUAL PRIVATE SERVERS OF CLOUDLINK MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.

No Service Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY CLOUDLINK, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER CLOUDLINK NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL CLOUDLINK, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

YOU MUST NOT SOLEY RELY ON OUR EMAIL SCANNING SERVICE FOR VIRUS OR SPAM FREE EMAILS, CLOUDLINK RECOMMENDS USING ANTI-VIRUS SOFTWARE ON ANY PC CONNECTED TO THE INTERNET. CLOUDLINK RESERVES THE RIGHT TO TEMPORARILY DISABLE ANY SERVICE OUTLINED IN OUR PLANS OR OTHERWISE THAT MAY CAUSE STRESS OR UNOPERABILITY OF OUR SERVERS.
If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of CLOUDLINK in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

ACCOUNT/DATA BACKUP/DATA LOSS

again in plain english,

CLOUDLINK will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers.  

Making Purchases On the Service.

If you wish to make purchases on the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider on the Service for purposes of making purchases will be accurate, legitiment, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Service.