terms of service
Revision date: 10/04/2017
All services provided by creates.com.au may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Australian federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless creates.com.au from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to ‘creates.com.au’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Hacker Programs or Archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, creates.com.au WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Any attempt to undermine or cause harm to a server or customer of creates.com.au is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
By the Account Activation Date of each month, creates.com.au shall either:
(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to creates.com.au by no later than the specified payment due date. creates.com.au shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 7 days. If we do not receive a response within 7 days, the account, and all accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by creates.com.au to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to creates.com.au and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges or add-on purchases. In case of AUP violations, any and all refunds are forfeit.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
creates.com.au shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from creates.com.au’ servers going off-line or being unavailable for any reason whatsoever. Furthermore, creates.com.au shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of creates.com.au’ servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
creates.com.au cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by creates.com.au are resold. Thus, certain equipment, routing, software and programming used by creates.com.au are not directly owned or written by creates.com.au. Moreover, creates.com.au holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as creates.com.au sees fit.
By activating your account with creates.com.au, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Up-time Guarantee
Although creates.com.au has an excellent record for reliability, we do not offer an up-time guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
creates.com.au reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Acceptable Use Policy
Revision date: 10/04/2017
As a provider of web site hosting and other Internet-related services, creates.com.au offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. creates.com.au respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, creates.com.au reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, creates.com.au has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using creates.com.au’ services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that creates.com.au cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because creates.com.au cannot monitor or censor the Internet, and will not attempt to do so, creates.com.au cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that creates.com.au does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over creates.com.au’ network and may reach a large number of people, including both subscribers and non-subscribers of creates.com.au, subscribers’ postings to the Internet may affect other subscribers and may affect creates.com.au’ goodwill, business, reputation or operations. For these reasons, subscribers violate creates.com.au policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Audio/Video Streaming is not hosting friendly. As such, creates.com.au does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
creates.com.au does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
creates.com.au is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail [email protected]
Obscene Speech or Materials:
Using creates.com.au’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. creates.com.au is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Creates Websites’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside Australia.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that creates.com.au determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. creates.com.au will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Creates Websites’ policy or applicable law. However, when creates.com.au becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Creates.
creates.com.au is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Creates Websites’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. creates.com.au does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. creates.com.au reserves the right to directly take action against a customer of its subscribers. Also, creates.com.au may take action against the creates.com.au’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, creates.com.au anticipates that subscribers who offer Internet services will cooperate with creates.com.au in any corrective or preventive action that creates.com.au deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of creates.com.au policy.
creates.com.au will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. creates.com.au may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, creates.com.au may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. creates.com.au assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, creates.com.au may disclose subscriber information or information transmitted over its network where necessary to protect creates.com.au and others from harm, or where such disclosure is necessary to the proper operation of the system. However, creates.com.au will never sell information to other services or outside companies.
creates.com.au expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate creates.com.au policy. Finally, creates.com.au wishes to emphasize that, in signing the Service Agreement, subscribers indemnify creates.com.au for any violation of the Service Agreement, law or creates.com.au policy resulting in loss to creates.com.au or the bringing of any claim against creates.com.au by any third party. This means that, if creates.com.au is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against creates.com.au, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including creates.com.au and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to [email protected]