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Premium Hosting Add-ons
BenefitsYou can take your business website to the next level with BigPond Premium Hosting Add Ons. Choose Online Ordering System for your e-business, Windows Media Streaming, link your website to your SQL database, and much more. Whatever you need, chances are we can help. Note: there may be additional fees associated with a Premium Hosting Add On. Some Premium Hosting Add-Ons are only available with certain Premium Hosting Plans. To activate any of these tools on your BigPond Premium Hosting service, click 'Buy Now' and then log into Mission Control with your username and password. (You need to be a BigPond Premium Hosting Plan customer to take up Premium Hosting Add-Ons.)
BigPond Premium Hosting TermsThese are the terms upon which we will provide the BigPond Hosting Service and any Add Ons you select ("Service") to you. Some of the words used in these terms have particular meanings, which are set out in clause 11. 1 BigPond Premium Hosting Service1.1 We will provide you with the Service using shared infrastructure. The features of your Service, and the levels of storage space and traffic that are permitted, depend upon your selected Plan and what Add Ons you select and are specified in the Plan Terms and the Add On Terms. 1.2 We will provide you with at least one logon name and password ("VS" number) to allow you to access the Mission Control panel (which may be used by you to configure various features of your Service). 1.3 We will archive your Data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will use reasonable endeavours to restore your Data from the last known good archive. Notwithstanding our backup regimes, you must maintain a recent copy of your Data at your premises at all times. You will ensure that all of your Data is accessible by us at the time that a backup is to be carried out (including ensuring that files are not locked or in use during this time). You acknowledge that any of your Data that is not accessible by us at the time that a backup is carried out will not be backed up. We do not warrant that backups will:
1.4 You are responsible for developing, installing and maintaining your Data. You must have appropriate and compatible equipment, software and Internet access to upload your Data to our systems. 1.5 You are solely responsible for dealing with persons who access your Data, and must not refer complaints or inquiries in relation to your Data to us. 1.6 You must adopt appropriate measures to ensure the security of your logon name, password and Data. 1.7 You must advise us in a timely manner if you have reason to suspect that the Service is being used contrary to this agreement. 1.7A We encourage you to use appropriate warnings and labelling systems for any of your Data that is likely to be considered unsuitable for children under Australian law and associated classification guidelines. For more information please consult the Internet Industry Association guidelines at http://www.iia.net.au/index.php or the Australian Communications and Media Authority at http://cybersmartkids.com.au/. 1.8 The Service is provided from data centres in Australia. We will determine, in our absolute discretion, the location from which your Service is provided from time to time. 1.9 You grant to us all rights, consents, permissions and licences necessary to enable us and our subcontractors and suppliers to legally view, copy and store your Data for the sole purpose of performing our obligations under this agreement or any law. 1.10 No title in the hardware, infrastructure or facilities used by us to deliver the Service passes to you at any time. 1.11 We grant you a non-exclusive, non-transferable licence to use the Software for the sole purpose of using the Service on the terms and conditions of this agreement. 1.12 You must not use, or permit any person to use, the Software in any way that is not permitted by this agreement. 1.13 Without limiting clause 1.12, you must not:
2 Add Ons2.1 You may elect to receive one or more Add Ons if you are Premium Hosting Plan customer, subject to the conditions set out in the Add On Terms. If you change Plans and are no longer eligible to receive an Add On under your new Plan, we may cease providing that Add On to you. 2.2 If you elect to receive an Add On, you will need to complete an application in accordance with our directions which may be found at http://www.bigpond.com/internet-plans/additional/hosting/premium/Adons. 2.3 If you elect to receive an Add On, you agree to comply with the then current Add On Terms applicable to that Add On and this agreement will be taken to be amended to include those Add On Terms. 3 Domain Name Management Service3.1 Domain name management services are only available to Premium Hosting Plan customers. 3.2 If you request us to register a .com, .net, .org, .biz, or .info domain name ("TLDs" or "Top Level Domains") on your behalf, you agree that you have read and accept the General Registrar Policy applicable to .com, .net, .org, .biz and .info domain names issued by the registrar TPP Internet located at http://www.tppinternet.com/pub/dotau/terms.php, as amended from time to time. 3.3 If you request us to register a .com, .net or .org domain name on your behalf, you agree that you to comply with any Policy applicable to .com, .net and .org domain names issued by the Internet Corporation for Assigned Names and Numbers ("ICANN") from time to time. 3.4 In the event of a dispute in registering a TLD, or a dispute about a TLD after registration, you will:
3.5 If you request us to register a .com.au, .id.au, .net.au or .org.au domain name (.au Domains) on your behalf, you agree that you have read and accept:
3.6 In the event of a dispute in registering a .au Domain, or a dispute about a .au Domain after registration, you will submit to and be bound by the .au Dispute Resolution Policy (auDRP) located at http://www.auda.org.au/policies/current-policies/, as amended from time to time. 3.7 By maintaining the registration of a domain name after changes to the applicable policies become effective, you accept those changes. 3.8 In the event of a dispute regarding a domain name, you will submit to the jurisdiction of the courts as provided in the applicable policies. 3.9 You must pay any registration or delegation charges to us in advance. A domain name cannot be registered unless you pay for it in advance. 3.10 We make no representations and give no warranties regarding the availability of your chosen domain name. 3.11 You authorise and direct us to nominate Telstra Corporation Limited ABN 33 051 775 556 as the authorised billing contact for your domain name. 3.12 You acknowledge that we are not liable for any loss or damage resulting from the non-renewal of your domain name if you fail to provide us with consent to renew the domain name registration or you delay in providing us with such consent. By providing us with your consent to renew the domain name registration, you warrant that you are, and will remain, eligible to register the domain name during the renewal period. 3.13 You indemnify us against all claims arising out of the registration, use or renewal of your domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission. 4 Service and Maintenance4.1 If your selected Plan is a Premium Hosting Plan and you experience a problem with the Service, you should report it to our Customer Service Centre by telephoning 1800 002 609. If your selected Plan is a Basic Hosting Plan and you experience a problem with the Service, you should report it to us by using the Mission Control panel. 4.2 If you experience a problem with any component of an Add On supplied to you under a contract between you and a third party, you should contact the third party for support directly. 4.3 We may perform scheduled maintenance to the systems that we use to provide the Service. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If the scheduled maintenance requires the Service to be unavailable a continuous period of greater than 30 minutes, we will post details of the times during which the scheduled maintenance is due to occur on the Web Host System News at least 48 hours prior to the maintenance. 4.4 We may perform unscheduled maintenance to the systems that we use to provide the Service. If the unscheduled maintenance requires the Service to be unavailable for a continuous period of greater than 30 minutes, we will post details of the unscheduled maintenance on the Web Host System News after the maintenance has been completed. 4.5 We may migrate your web site to a new operating system platform if any of our suppliers cease to provide support for the legacy operating system, if the server used to provide the Service fails, or if we determine that the server has (or may) become unreliable. We will use reasonable endeavours to notify you if we intend to migrate your web site to a new operating system platform. 5 Fees and Payment5.1 You must pay the set-up fees and monthly fees set out in the Plan Terms in advance. You must pay the additional fees set out in the Plan Terms in arrears. 5.2 You must pay fees for all Add Ons you select in accordance with the applicable Add On Terms. 5.3 If we issue you with an invoice for any fees payable under this agreement, you must pay the invoice within 14 days after the invoice date. If you elect to receive online invoices from us, you acknowledge that: (a) we may provide you with the online invoices by making them available at the Mission Control panel; and (b) you must regularly check the Mission Control panel for your invoices. 5.4 You must pay all fees relating to the use of your logon name and password (whether or not that use was authorised by you). 5.5 You must also pay:
5.6 Without limiting clause 5.5(b), if GST is imposed on any supply we make to you under this agreement, and the fees payable by you for the supply are not inclusive of GST, you authorise us to charge you an amount of GST in addition to the fees payable by you, calculated by multiplying those fees by the prevailing GST rate. You agree to pay the amount of GST at the same time and in the same manner as the fees are payable. 5.7 If you provide us with your credit card details, you authorise us to charge all fees and charges to your credit card, and to disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details that you provide to us. You also authorise us to take steps to verify that there is sufficient credit on your credit card account to meet likely fees. 5.8 You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue. 5.9 Our commitment to privacy is set out in our "Protecting Your Privacy" statement located at http://telstra.com/res/docs/collectionstatement.asp. The statement summarises how we and our related companies may collect, use and disclose your personal information (including for marketing to you) and your rights in relation to accessing and correcting that information. To avoid doubt, we may appoint third parties (including our subcontractors and suppliers) to assist us provide the Service to you. These third parties may collect your personal information (either directly from you, or indirectly through us). You acknowledge that you have read and understood our privacy statement. 6 Warranties and Indemnity6.1 Subject to clause 6, we exclude all terms and all warranties of any kind, express or implied whether statutory or otherwise, relating to this agreement and/or its subject matter. 6.2 Without limiting clause 6.1, we do not warrant that:
6.3 You warrant that:
6.4 You must indemnify us, our employees, contractors and agents against all damages, costs, charges, liabilities and expenses arising out of or in connection with:
7 Liability7.1 We accept liability for the supply of the Service but only to the extent provided in this clause 7. 7.2 We accept liability where:
7.3 To the extent (if any) that the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability under clause 7.2 is limited to, at our option:
7.4 Other than liability accepted by us in clause 7.2, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter. 7.5 Other than liability accepted by us in clause 7.2, our total liability for loss or damage of any kind not excluded by clause 7.4, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter is limited in aggregate for any and all claims to $10. 8 Term, Suspension and Termination8.1 This agreement commences on the date specified on the Mission Control panel as the date that we accepted your order for the Services and continues until terminated in accordance with this agreement. 8.2 Either party may terminate this agreement at any time by providing the other party with at least 30 days written notice. 8.3 If this agreement is terminated for any reason.
8.4 We may from time to time without notice suspend or disconnect the Service or deny access to the Service:
8.5 You remain liable to pay all fees and charges set out in this agreement during any period of suspension or disconnection or denial of access. 8.6 We may (without notice) remove, amend or alter any Data:
8.7 We are not required to provide you with a copy of your Data if:
9 Additional Terms9.1 You must comply with:
9.2 If there is any inconsistency between a provision in a document listed in this clause 9.2 and a provision in another document listed in this clause 9.2, then the provision in the document listed first below prevails:
10 General10.1 Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. Failure by a party to exercise, or delay in exercising, a right, power or remedy does not prevent its exercise. 10.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver. 10.3 Subject to clause 10.4, we can change these terms, the Plan Terms, the Add On Terms our Acceptable Use Policy or our operational procedures for the Service at any time without notice. 10.4 If we change any of the documents listed in clause 10.3 in a manner which we reasonably consider would cause detriment to you, we will notify you of the change at least 14 days in advance. Our assessment of whether a change would cause detriment to you will include consideration of your usage patterns over the 3 months immediately preceding the change. If we reasonably consider that a change causes detriment to you and notify you of the change but you do not accept the change, you may terminate this agreement but you must notify us of such termination within 14 days of our notice. If you notify us that you wish to terminate this agreement, the termination will take effect from the date that the change of the document listed in clause 10.3 comes into effect, as specified in our notice. Notwithstanding that you may send us notice of termination under this clause, if you continue to use the Service beyond the date of the change, you must pay all such fees and charges for such use. You will be taken to have accepted the change if you use the Service beyond the date of the change. 10.5 It will be sufficient, for the purposes of clause 10.4, that we notify you only of the fact that a document listed in clause 10.4 has been changed and that we post a revised copy of the revised copy of the relevant document on the BigPond Hosting Website. 10.6 Notices can be provided under this agreement by email, post or facsimile. You acknowledge that we may notify you by email of any matters relating to this agreement, including any changes to this agreement. You acknowledge that you must regularly check the email address that you provide to us. If we elect to provide notice to you by email, you will be taken to have received the email notification, in the absence of any evidence to the contrary. 10.7 You may not resell Services or assign any of your rights or obligations under this agreement without our prior written consent. We may assign or subcontract any of our rights or obligations under this agreement to a third party. 10.8 This agreement constitute the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter. 10.9 This agreement is governed by the law in force in New South Wales, Australia. 10.10 Clauses 1.10, 3.13, 5.4, 5.5, 5.6, 5.7, 5.8, 5, 6, 78.3, 9, 10 and 11 survive the termination (for any reason) of this agreement. 11 Definitions and Interpretation11.1 Unless the contrary intention appears, in this agreement, the following words have these meanings: Acceptable Use Policy means the Telstra Acceptable Use Policy annexed to these terms. Add Ons means the different add on product offerings specified in the Add On Terms. Add On Terms means the terms that are applicable to the Add Ons and are annexed to these terms. BigPond Hosting Website means our website at http://www.bigpond.com/hosting/. Data includes all information, data, material, software code, applications, files, text, logos, images, audio, movie clips and/or content in any form placed on our systems as a result of providing the Service to you. Data Download means data transferred from your website. GST means the tax imposed by the GST Act and the related imposition Acts of the Commonwealth. GST Act means the A New Tax System (Goods and Services Tax) Act 1999, as amended from time to time. Plans means different Service offerings made available by us from time to time as specified in the Plan Terms. Plan Terms means the terms that are applicable to the Plans and are annexed to these terms. Software means any software that you obtain from us under this agreement. We, us or our means Telstra Corporation Limited ABN 33 051 775 556. 11.2 Unless the contrary intention appears, a reference to:
Plan TermsPREMIUM HOSTING PLANS 1 The features of each Premium Hosting Plan are: Click to see features of each Premium Hosting Plan2 The GST inclusive set-up fees and monthly fees payable for each Premium Hosting Plan are:
3 The GST inclusive set-up fees and monthly fees payable for each Premium Hosting Plan are:
1 If your selected Plan is Premium Hosting 100, Premium Hosting 200, Premium Hosting 250, Premium Hosting 400, Premium Hosting 500 or Premium Hosting 800 and your actual Data Download in any month exceeds the Maximum Monthly Data Download for your Plan, you must pay an additional fee calculated by multiplying the amount of excess data transferred from your website by the rate set out above. 2 If your selected Plan is the Premium Hosting 1500 or Premium Hosting 3000 Plan and your actual Data Download in any month exceeds the Maximum Monthly Data Download for your Plan, you must pay an additional fees calculated using the formula set out above. 3 You must pay an additional disk space fee if your actual disk space exceeds the Maximum Disk Space for your Plan unless you have purchased a 50MB additional disk space Add On (see Add On Terms) and you do not exceed the additional disk space you purchase. 4 The monthly account keeping fee is payable if you elect to receive a monthly invoice rather than use the auto debit billing option. 5 The data recovery from backup tape fee is payable in the circumstances set out in clause 7.7 of the BigPond Hosting Terms. 6 The domain name management services fees are payable if you request us to register a domain on your behalf. Add On TermsThe features of each Add On are:
* monthly fees are payable together with the monthly fees for your hosting Plan. Acceptable Use Policy1 Introduction1.1 If you have an agreement with Telstra for a service ("Service") that includes or incorporates this Acceptable Use Policy ("AUP"), you must comply with this AUP when you use that Service. 1.2 A reference to "you" in this AUP includes a reference to your officers, employees, contractors, agents and anyone else (other than Telstra or its representatives) who uses the Service. 2 What you cannot use the Service for2.1 You must not use the Service, attempt to use the Service or allow the Service to be used in any way: Breach of law (a) which results in you or Telstra breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with; Damage to property or people (b) which results, or could result, in damage to property or injury to any person; (c) to harass, menace or stalk people; Protection of minors (d) which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you; Discrimination (e) which unlawfully incites discrimination, hate or violence towards one person or group , for example because of their race, religion, gender or nationality; Obscene, defamatory, offensive, abusive (f) to send, display or be otherwise involved in material which is obscene or defamatory; (g) which is, or which would be considered by a reasonable person to be, offensive or abusive; Illegal business practices and gambling (h) to engage in any misleading or deceptive business or marketing practice; (i) that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities; The rights of others (j) which infringes Telstra's or any other person's rights (including intellectual property rights and moral rights); The rights of others (j) which infringes Telstra's or any other person's rights (including intellectual property rights and moral rights); (k) which constitutes a misuse of Telstra's or any other person's confidential information; or (l) which results in a breach by you of any obligation that you owe to any person. 3 What you cannot use the service to do3.1 You are not authorised to access Telstra's computer systems or networks for any purpose other than to use the Service in accordance with this AUP and your agreement with Telstra for supply of the Service. 3.2 You must not: Interfering with services and systems (a) interfere with the proper operation of the Service or any other part of Telstra's network or systems; Newsgroups, forums and chatroom (b) use the Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms. 3.3 You must not use the Service, attempt to use the Service or allow the Service to be used: SPAM and USENET SPAM (a) to send, cause the sending of or otherwise be involved in the sending of, SPAM or USENET SPAM; SPAM means unsolicited Bulk electronic messages of any kind (including email, fax, SMS and ICQ messages). Bulk means 20 electronic messages over a 10 minute consecutive period. USENET SPAM means Excessive electronic Newsgroup messages. Excessive means posting the same or substantially the same message ("Message") to one or more Newsgroups resulting in a Breidbart Index of 20 or more. A Breidbart Index is calculated by multiplying the number of Messages by the square root of the number of Newsgroups that they are posted to over a consecutive 45 day period1. Virus, denial of service attacks (b) in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is Telstra's or anyone else's); Open relay and port probing (c) to access or use Telstra's or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data; Spoofing (d) to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you; or Usage limits (e) to manipulate or bypass Telstra's content usage limits. 1For example, posting 20 identical (or substantially similar) messages to 16 Newsgroups over a 45 day period results in an index of 80. 4 Other obligations related to SPAM and USENET SPAM4.1 You must not benefit from SPAM or USENET SPAM (which includes causing or requesting any of your details to appear in SPAM or USENET SPAM and/or receiving responses to SPAM or USENET SPAM). 4.2 You must not purchase, create, use, distribute, sell or otherwise be involved in software, services or lists of sites, addresses, numbers or other identifiers of any kind (including email addresses and phone numbers) that are used to promote, send, or assist with the sending of, SPAM or USENET SPAM. 4.3 If you send Bulk solicited electronic messages, then:
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