Hosting Terms and Conditions

Cosmic Fantasia will hereby be referred to as "we", us", "our". The customer will be referred to as "customer", "you" or "I".

1. Account Setup and Delivery

a. Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer's users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services.

b. We are self serve provider. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. If your order is accepted, you will receive your Account Setup details via the email address you supply at the time of order, within 24 hours Monday-Friday and on the following Monday if ordered over the weekend.

c. It is not possible to assign products and services across seperate accounts once ordered. Duplicate accounts can be merged into one account.

d. Only the authorised person listed on the account, entered at signup will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with an email address and password which is required to access My Account for billing and technical support. You are required to login before we engage your account. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone. Cosmic Fantasia may also verify your identity by asking security questions, as required by the privacy laws in Australia. The client agrees to provide this information before assistance can be provided to them.

e. If you wish to change the legal ownership of a whole account (and all products and services under it) there is a $30 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to send Cosmic Fantasia a signed letter which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership on the account. Changing the legal ownership of an account does not include updating the legal registrant information for a .au or any other domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.

2. Refunds

Refunds for services paid in advance won't usually be granted. If you believe you have a case for a refund, it will be given at the discretion of the Company Management.

3. Domain names

a. Domain names are a seperate product from web hosting and are governed by their own terms and conditions.

4. Publisher and author of web site

a. It is your responsibility to ensure your web site(s) do not breach our terms and conditions or interfere with the server functions for other users.

b. Cosmic Fantasia is not resposible for or endorse the content hosted by or activities performed by you whilst using our services or by any sites you host.

c. Cosmic Fantasia provisions our web site builders and other related software to clients to allow them to create and publish web sites. The client agrees the web site and material they design and publish, will not breach our terms and conditions and they are the sole publisher and author of their web site.

d. From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Cosmic Fantasia in this instance does not become the web site publish and/or author and is making these changes by instruction of the Primary Account holder.

5. Content
a. All products and services provided by Cosmic Fantasia may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening, obscene and pornography. We do not allow pornographic sites. The customer agrees not to host such material.

b. The customer agrees to indemnify, defend and hold harmless Cosmic Fantasia from any claims resulting from the use of our products or services in any shape or form. Cosmic Fantasia does not endorse any web site content hosted on our network and the content remains the property of the web site owner. If you wish to lodge a complaint against a web site, please contact us.

c. Examples of unacceptable material:

IRC Bots

Warez Sites

Defamation of person's character

Pirated Software

Running processes which cause the server to crash or become non-responsive

Illegal or pirated sites, content or software.

Breaching copyright and trademarks

Proxy servers or other servers

Hate sites

Run any bit torrent

Pornographic sites

MUD applications

Hack programs and archives

Spamming related sites or sites that send out spam email

Extremists sites

Phising sites

Other sites where reasonable formal complaints are received

Sites where Cosmic Fantasia is placed 'on notice' or where legal action will be take against a Cosmic Fantasia for hosting a web site, with supporting evidence.

Sites which have been hacked / run malicious scripts

d. If your web site is suspended and/or hosts any of the unacceptable material (above), we reserve the right to charge a cleanup fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of $30 per hour (minimum 1 hour). You will be responsible to resolve the issue and rectify the issue after we inform you of the breach.

6. Resource Usage

a. Users may not initiate the following:

1.Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc.

2.Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

3.Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

4.Run any software that interfaces with an IRC (Internet Relay Chat) network.

5.Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

6.Any activity which causes the server to crash / restart

7.Check their email more than every 3 minutes.

7. Zero Tolerance Spam & Leeching Policy

a. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.

b. We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.

c. The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage, as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a clean up charge as the descretion of Cosmic Fantasia. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. Running an online store.

8. Backups and data loss

a. The backup function in your control panel uses high server resources and may cause the server to become less responsive, affecting the web site performance for other users. You agree to only perform backups of your site (databases, web space, etc) using the backup function in your hosting control panel between the off peak hours (Offpeak is classified between 11.30pm Australian Eastern Standard Time and 7am Australian Eastern Standard Time). Using the backup function outside of these times may result in your account being suspended.

b. Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times.

c. We are not liable for any data loss due to server failure, any other failure whatsoever, or unforeseable corruption of programs, hacking, etc. The client should always have a backup or storage of data that is not corrupted and is available to be used if necessary.

d. We provide backup tools in your control panel which will allows you to perform backups of your account when required, or you can always download your web site files from our server for external storage.

9. Support
a. Cosmic Fantasia provides free support directly related to our hosting servers and the server software we use to the primary account holder only. Cosmic Fantasia is primarly a self service provider and we have a vast amount of self service resources to assist you in utilising your hosting. Our free support does not cover issues with web site design, debugging scripts or web site issues or anything not directly related to your hosting account.

Free Support Services are defined by:

Assistance with basic operation of your hosting control panel. We have tutorial movies available which demonstrate how to use your control panel. The control panel manuals are also provided on these pages.

Information regarding the required paths or availability of services to run applications or scripting you wish to install.

Server based problems or errors with server services: FTP, Telnet, HTTP, SMTP, POP, MySQL, MS SQL, etc.

Modification of your domain name DNS (name server) settings.

Installation assistance with included Fantastico and Application vault applications. This does not include setting up, configuration, customisation and ongoing use of the application. Please see the software creator’s web site for support resources.

b. Our support team is always pleased to assist with support that is not directly related to the hosting server(s) and/or software, however we do charge a fee for items that are classified as ‘Extended support’ and are not part of our standard support.

Extended Support Services are defined by:

Third party applications or scripting not provided as a part of your hosting services (i.e. installed by you or your representative or included third party application with your hosting).

Setup or configuration of services not provided as a part of your web hosting.
Setup or configuration of modules/components not currently operational or modification of existing modules/components on Cosmic Fantasia servers.

Training in use of your hosting control panel, MySQL, phpMyAdmin, Dreamweaver, FTP program, Email program, FrontPage, Fantastico & Application Vault installed applications, Site Studio, OS Commerce, eStore Web Site Builder or other applications.

Setup and configuration of mailling lists and autoresponders for your use.

Transfer of your web site files, databases, etc from other servers to ours, or from our server to another server.

Plesk control panel site to site transfers. If your current site is hosted on a Plesk server, we can transfer all files including databases, settings, webmail, etc. It will be an exact copy.

Uploading your web site. Modification to your existing web site, scripts, forms, applications, etc.

Installation, maintenance, editing, resolving issues and upgrades of your installed scripts, web site, applications, etc.

Software or hardware issues on your computer.

Retrieval/restoration of a backup from our archives.

Trouble shooting problems or conflicts with your ISP (connection) services and setup.

Trouble shooting problems or errors with your web site not related to server performance.

Repeated assistance in setup of your email application.

Repeated assistance with the same issue once initially resolved or task completed.

Trouble shooting problems not directly related to your current products/services with Cosmic Fantasia.

Installation of an SSL certificate not purchased through Cosmic Fantasia.

c. If the customer is experiencing difficulties or issues with your hosting, you are required to notify us of the issue immediately, so we may resolve the issue. If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue. We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters.
10. Security
a. We may introduce new security measures from time to time to help prevent malicious use and attacks on and to our servers.

b. No shell or remote desktop access will be provided on any shared hosting servers for security reasons for any reason. The hosting control panel provided will in most cases provide a shell alternative to the task you wish to perform. e.g. Administer a MySQL database.

11. Payment

a. The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account you must contact us to do so.

b. Cosmic Fantasia reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.

c. It is your responsibility to ensure your primary email address listed in our billing system is functional and working, so you can receive notifications, payment reminders, suspension notices, etc from the email address: correspondence@cosmicfantasia.net.au. Please ensure you have whitelisted this email address if you run a spam filter.

d. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.

e. Your account will not be created until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration.

f. We reserve the right to change and refuse payment methods to clients at our sole descresion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.

g. Dishonoured cheques will attract an administration charge of $30.00.

Credit Card payments

h. If you have signed up using credit card, your credit card will be rebilled on the due date of future invoices.

i .Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in credit card account, we reserve the right to add $1.00 per failed transaction to your account, to cover our transaction fees. We also reserve the right to change your billing method.

j. You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.

12. Package versions

a. From time to time, we may update our hosting package plans. When a hosting plan is updated, the version number shown on the plan will change. Customers on previous plan version numbers will not be automatically upgraded to the newest version of the plan. Customers on previous plans will keep the features of their current hosting package. If a customer wishes to upgrade to the newest plan, a $15.00 administration fee will apply. Your hosting account may also need to be transferred to another server to take advantage of the newer features.

13. Suspension

a. We reserve the right to suspend your account if you have an outstanding invoice or account. If your invoice or account remains unpaid, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.

b. Your information will then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.

c. We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where Cosmic Fantasia has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.

14. Microsoft Frontpage Extensions

a. Microsoft Frontpage 98 extensions are not supported by our systems, as Microsoft has removed support for this version of frontpage. Frontpage Extensions 2000+ are supported.

15. Cancellation

a. Cosmic Fantasia reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.

b. Any proof of misleading or giving false information to the company or its employees, including, threatening, extortion, harassment, improper conduct, abuse, swearing or other unlawful activities will lead to automatic cancellation of your account without refund. This can be email, live chat, telephone or in any form where staff are threatened, abused or mistreated.

c. If you have paid for a year's access and received a free domain name, the domain name remains with the property of the registered owner.

d. How to cancel your account: Send an email to correspondence@cosmicfantasia.net.au with the name of the primary email account holder, the primary domain name hosted and a reason for cancellation. We require that this email is sent from the email address we have on record for the account.

e. Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage your account in any way once your account has been cancelled.

f. No refunds or credit will be given if you cancel your account or downgrade to a lower package. If you downgrade to a lower package a $15.00 charge applies.

g. Hosting, Domain names, SSL certificates and account add-ons are non-refundable.

h. If you have cancelled your hosting account with Cosmic Fantasia and would like to reactivate your account, a $15.00 administration fee will apply to cover the admin time involved in recreating your account and update our billing system.

16. Bandwidth Usage / Disk Space

a. It is your responsibility to upgrade your account and monitor your account usage.

b. 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 required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits.

c. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

d. Unused transfer in one month cannot be carried over to the next month.

17. Price Change

a. We reserve the right to change prices listed on Cosmic Fantasia, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.

18. Indemnification

a. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cosmic Fantasia; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Cosmic Fantasia's server. Cosmic Fantasia does not guarantee uptime. By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.

19. Disclaimer

a. Cosmic Fantasia will not be responsible for any damages your business may suffer. Cosmic Fantasia makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service availability. Cosmic Fantasia 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 Cosmic Fantasia and its employees.

20. Changes to the Terms and Conditions

a. Cosmic Fantasia reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions.