Terms of Service.
Curtin Enterprises Web Hosting Service Terms of Service (ToS)
This User Agreement (the "Agreement") governs the terms of use by Client of services offered to them by Curtin Enterprises, ("Provider"). Please read carefully. Client agrees to receive access to Curtin Enterprises services according to the following terms and conditions:

Service Plan: Client agrees to receive services according to the Provider's published service plan.

Refunds & Disputes: All Payments to Curtin Enterprises, are nonrefundable, except under agreement with the CEO. This includes all possible setup fees and subsequent charges, regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Curtin Enterprises, sole discretion is a valid charge under the provisions of the TOS, you agree to pay Curtin Enterprises, an "Administrative Fee" of not less than $50.00 and not more than $150.00.

New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 1 to 3 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Curtin Enterprises, on behalf of the account holder a handling fee will be incurred.

Support Boundaries: Curtin Enterprises, provides limited technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Curtin Enterprises, provides support related to your server or virtual site physical functioning. Curtin Enterprises, does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Curtin Enterprises, does not provide technical support for YOUR customers. If you can email, we encourage you to email support@cewh.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.cewh.com/. If you can't email or want another alternative, we also offer our clients a support helpdesk (which contain a troubleshooter and a knowledge base and a support ticket system) located at http://www.cewh.com/billing and discussion forums located at http://forums.cewh.com/ where you can post your questions and have them answered by one of our technicians or one of our other clients. We encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before requesting tech support.

Payment of Services: Client will be billed for the days remaining in the month in which service is initiated. Client agrees to pay this amount within 10 days. After the 10 day grace period, the client's account will be suspended, and will remain suspended until the balance is paid in full. If an account remains suspended for 2 consecutive months, without any notification by the customer of cancellation or billing issues, the account will be deleted, including all content, settings, and information. Curtin Enterprises will notify the customer once their account has reached this status. After an account has been terminated, the client has 10 days to make arrangements with Curtin Enterprises concerning payment in full of the remaining balance, or the outstanding charges will be turned over to a collection agency. Concerning the cancellation of services, if the client cancels their account before their billing date, they will not be charged for the following month, however, if the client chooses to cancel his account on the billing date, or after, he will be billed for the entire month. That month's service is non-refundable, and the account will be closed whenever the request occurs.

Terms: This agreement may be terminated by the Client or the Provider at any time without prior notice and without cause. If either party is in default under this agreement (which includes nonpayment), then the nondefaulting party may also choose to immediately terminate the Agreement without prior notice to the other party.

File Back-Up: Client is solely responsible for independent backup of data stored on Provider's service. Provider has the right to erase all files upon termination of service.

Content: All services must be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Australia’s Federal, State, or City law is prohibited. This includes, but may not be limited to: any material which violates or infringes upon any copyright, trademark, trade secret, patent statutory, common law or other proprietary rights of others; any material that deemed libelous or slanderous; any material which has, or contains, anything obscene or pornographic; distribution lists to be used via unsolicited electronic mail or any other mass mailings; sites that refer to, contain, support or imply "hacker" or "hacker like activity" in any way.

Content Limitations: NOTE: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. This is your first and last warning. If you violate this condition your service will be terminated at once!

Other Service Limitations: For security reasons, we don't allow IRC bots or pretty much anything else to do with IRC to run on our systems. If we get spam complaints against your account, we will first charge you $10 per complaint, but if excessive spamming persists we will termination your account. Even spamming from a system not on Curtin Enterprises, can cause your account to be terminated as we don't like to harbor spammers. Please send your spam complaints to us at support@cewh.com and we will take care of the problem. Please note that due to the large amount of complaints we normally get from just one spam, it is unlikely that you will get a personal reply when you complain about a spammer, however the spammer will be punished. Curtin Enterprises, customers can send copies of known spammers to support@cewh.com and we will consider adding those companies to our filters.

Processor Limitations: Our web servers are online communities of hosting accounts. We have a maximum of hosted sites on our boxes to maintain optimal performance. If we notice that your site, or a user within your site, is monopolizing the server and utilizing an abnormal amount of resources, we reserve the right to temporarily or permanently disable your site while we diagnose the problem. We will then get with you and discuss your options - anything from moving to a different server or offering a refund.

Curtin Enterprises, is not responsible for any damages your business may suffer. Curtin Enterprises, does not make implied or written warranties for any of our services. Curtin Enterprises, denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Curtin Enterprises, .

Liability and Warranties: Our liability on any account is limited to the amount of money that the customer has paid us. If we incur legal expenses due to a customer, we reserve the right to recover these expenses from the customer. For example, if you have violated a copyright and we are sued (although we shouldn't be), we will require you to pay our legal fees.

Indemnification: Curtin Enterprises, wishes to emphasize that in agreeing to the Terms of Service (ToS), customer indemnifies Curtin Enterprises, for any violation of the Terms of Service (ToS) that results in loss to Curtin Enterprises, or the bringing of any claim against Curtin Enterprises, by any third-party. This means that if Curtin Enterprises, is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Curtin Enterprises, plus all costs and attorney's fees. DISCLAIMER OF WARRANTIES. PROVIDERS SERVICES WILL BE PROVIDED ON AN "AS IS AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTING ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. We reserve the right to refuse or terminate service at any time that we deem necessary without prior notification.

Acceptable Use Policy The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.

Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

Bulk Email The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden.

Misuse Of Resources Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Uptime Should the server you are located on be down for more than 2 consecutive hours, you may receive 1$ credit per additional hour. The maximum credit any single account can receive is the value of one month free. Credits will be given at the discretion of Curtin Enterprises, Any request for credit can be placed through our support desk care of the sales departement.

Notification of Excessive Usage Curtin Enterprises, is not responsible for notifying the client of excessive usage. By purchasing hosting, the client hereby agrees that any and all additional charges incurred by such things as exceeding the allotted bandwidth, sub-domains, or disk space allotted on the package purchased are the sole responsibility of the client. Tools are provided within the control panel to allow you to keep track of your site resource usage. If the client exceeds these limits, he/she shall be charged the rates listed as per the package agreement. On behalf of the user, to ensure the highest possible quality service and customer satisfaction, upon exceeding the limits set per the package agreement, they have until the end of the current billing period to upgrade their account to avoid any surcharges. Clients can request their website be suspended until the next billing period to avoid incurring any additional charges. Under normal circumstances, we do not automatically suspend accounts.

Last Updated: September 4th, 2005