Shopping Carts Australia

The use of hosting services from Osc Works constitutes agreement to these terms. For ecommerce or CMS terms and conditions see the appropriate terms and conditions pages under Policies and Legals.

In General

Osc Works, wishes to provide our customers with a positive web hosting experience. To accomplish this, all customers need to follow the same rules and guidelines. These policies are intended to maintain Osc Works high quality level of services and make them available to all our customers on a fair, consistent and efficient basis.

By accepting web hosting services from Osc Works, you acknowledge your acceptance to be bound by these terms and conditions. If you do not agree to these terms and conditions, please follow the steps described in Cancellation of Service below.

1.) Account Setup / Email on file

We will setup your account within 3 hours of payment being verified and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

3.) Content

All services provided by Osc Works may only be used for lawful purposes. The laws of the Commonwealth of Australia apply.

The customer agrees to indemnify and hold harmless Osc Works from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email us with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, fraudulent domains, sites promoting illegal activities.

We reserve the right to refuse service to anyone. Any material that in our judgement that is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our administration department within 48 hours may result in the suspension or termination of your services.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

5.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Please read our generalized mail policy here.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.

Osc Works reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Osc Works reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Osc Works.

6.) Payment Information

You agree to supply appropriate payment for the services received from Osc Works, in advance of the time period during which such services are provided. You agree that until and unless you notify Osc Works of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided.

7.) Backups and Data Loss

Your use of the service is at your sole risk. Osc Works is not responsible for files and/or 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 Osc Works servers. Procedure for full backup can be found here

8.) Cancellations and Refunds

Osc Works reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via support ticket system. There are no refunds on any hosting plans, administrative fees, install fees for custom software, or domain name purchases. We cannot accept cancellation requests over the phone.

9.) Account Change Of Owner

If you wish to change details of your hosting account into someone else's name there is an admin fee of 49.95AUD.The new owner will will also need to update their account with their credit card details.

10.) Resource Usage

User may not:

a) 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, FTP, PHP, HTTP, etc.

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

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

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

e) Run any bit torrent application, tracker, or client.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

h) Run cron entries with intervals of less than 15 minutes

i) Run adult web-cam sites or offer pornography

11.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

12.) Fees for Changes and Password Resets

Some support changes are subject to additional administration fees. These will be discussed with you before they are charged.

These include a $25 AUD fee for the creation of additional domain name server (DNS) entries for existing domains (e.g. setup of an additional extranet.yourdomain.com.au as well as www.yourdomain.com.au).

Password resets are charged at $10 AUD. This fee is waived if a password reset is required following or during script changes made by Osc Works.

13.) Uptime

The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. Osc Works aims to provide 99.9% or better uptime for all of our customer packages. From time to time this may be outside our control if an urgent security issue requires patching - security of our systems always has our highest priority.   

14.) Price Change

We reserve the right to change prices listed on www.oscworks.com.au, and the right to increase the amount of resources given to plans at any time.

15.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Osc Works harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Osc Works, 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 harmless Osc Works against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Osc Works; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Osc Works server.

16.) Disclaimer

Osc Works shall not be responsible for any damages your business may suffer. Osc Works makes no warranties of any kind, expressed or implied for services we provide. Osc Works 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 Osc Works and its employees.

17.) Shared (non-reseller accounts)

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

18.) Disclosure to law enforcement

Osc Works may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.

19.) Changes to the TOS

Osc Works reserves the right to revise its policies at any time without notice. It is your responsibility to ensure frequent visits to the TOS to view any changes. Changes will be incorporated in the TOS wording so it is the responsibility of customers to keep abreast of changes.