TERMS OF USE

The Terms and Conditions that follow apply to the services provided by Sonic-Hosting.net only.

AGREEMENT
In this Hosting Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", "us", "our" and "SH" refer to Sonic-Hosting.net, "Services" refers to the services provided by us, including our web hosting services. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization) this Agreement covers such services or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

FEES, PAYMENT AND TERMS
As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services. By submitting to this Agreement, you represent that the statements you have made herein are true and you will not use our Services for any unlawful purpose.
You acknowledge that the nature of the service furnished and the initial rates and charges have been communicated to you. You are aware that Sonic-Hosting.net may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Sonic-Hosting.net achieving and maintaining its cost of service goals including, but not limited, to rates charged to company by its suppliers.

BILLING
If you have purchased a package that is billed monthly you will receive an invoice for that bill at the conclusion of each month. If you have purchased a package that is billed yearly you will receive an invoice at the beginning of each year. The first date in which you purchase ANY products is your Billing Anniversary Date. You must elect to be billed via Paypal electronic transaction. NOTE: ALL PAYMENTS SHALL BE MADE IN AUSTRALIAN DOLLARS ($AUD).

BILLING POLICY
You may elect billing by Paypal online electronic transaction which is to be designated on the billing order form when purchasing. All hosting fees are billed on the Billing Anniversary Date. The two paypal methods are AUTOMATIC and MANUAL payments. AUTOMATIC payments are subscription payments that will automatically charge you for your service(s) with Sonic-Hosting.net. MANUAL PAYMENTS will receive an invoice requesting payment for your service(s) with Sonic-Hosting.net and will be given one (1) day, including weekends, in which to successfully complete your billing process. After a one (1) day period if subsequent payment has not been completed your service(s) with Sonic-Hosting.net will be suspended. After a three (3) day period if subsequent payment has not been completed your service(s) with Sonic-Hosting.net will then be terminated. If your payment method is AUTOMATIC and you have insufficient funds to pay for the month, the terms for the MANUAL payment applys. You will be notified via email if your account is in arrears due to non-payment. If you change email address you must inform us via support located at http://sonic-hosting.net/eticket/.

GAME SERVERS
When renting a game server from Sonic-Hosting.net you agree to a recurring monthly rental fee. NO REFUNDS WILL BE GIVEN. All cancellations must be in writing and submitted via support located at http://sonic-hosting.net/eticket/ at least (1) day prior your next Billing Anniversary Date. No refunds will be given for partial months. However, Sonic-Hosting.net will strive to amend any problems that may occur on your game server. Sonic-Hosting.net will not be held responsible for the game code that is supplied by the manufacturers.
Sonic-Hosting.net is not responsible for advertising your game server to attract players. It is the responsibility of the leaser to maintain and operate the admin of his/her server.
Sonic-Hosting.net will strive to keep its services running reliably but we will not be held responsible for any losses you may incur through their use. As a customer of Sonic-Hosting.net, you agree to indemnify, defend and hold harmless Sonic-Hosting.net, its officers, directors, employees, affiliates, or resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) that may arise from your use of our services. Unless specifically addressed and mutually agreed to within a service level agreement or security plan, Sonic-Hosting.net will not cover you for any losses due to hacker attacks, denial of service attacks or other criminal activates.
>Private Servers
All private servers hosted through Sonic-Hosting.net must be passworded at all times. If your server is seen without a password to prevent public users from accessing, you could be held liable for immediate termiation without a refund.
>Sonic-Hosting Tag
If you have not purchased tag removal, the "Sonic-Hosting.net |" tag must remain at the FRONT of your server name, if your server does not contain the "Sonic-Hosting.net | " tag at the front of your server name, your server will be suspended.

CANCELLATION
If you do not wish to renew your Monthly or Annual Service agreement you must cancel your account by contacting a Sales Representative via support located at http://sonic-hosting.net/eticket/. All cancellations must be requested in writing. Canceling an account does not equal "refunding" an account. A cancellation refers to the removal of user materials from our systems and the deactivation of services. You will be required to pay any outstanding charges owed.

SERVICE CHANGES
You are allowed to upgrade your Web Site or Game Server Hosting package free of charge. You will NOT be charged a downgrade fee if you elect to change your Game Server hosting package to a lower priced package.

BILLING FOR ADDITIONAL FILE TRANSFERS
Sonic-Hosting.net automatically bills customers for excess file transfer ("bandwidth") usage. Customers are allocated a set amount of file transfer with their hosting service depending on the package level purchased. If you exceed the amount of file transfer you receive as part of your package you will be billed $0.01AUD per MB. This charge is incurred via email notification. If you are billed monthly for our services the overage charge will be attached to your monthly invoice. If you are billed yearly for our services the overage will be billed to your next invoice following your overage. The overage is calculated by monitoring the amount and size of the files transferred from your account. These charges are made at the sole discretion of Sonic-Hosting.net and are non disputable.

CONTENT
All services provided by Sonic-Hosting.net 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 secrets and other statutes, violation of Australian export restrictions, harassment, fraud, trafficking of obscene material, drug dealing, and other illegal activities. The subscriber agrees to indemnify and hold harmless Sonic-Hosting.net from any claims resulting from the use of the service that damages the subscriber or any other party. NOTE: Pornography and sex-related merchandising is prohibited. This includes sites that may infer sexual content, or links 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. A few examples of non-acceptable content or links are:
· Pirated software
· Hacker’s programs or archives
· Warez sites
· Child Pornography
· Images, movies or sound with which you are not, or do not, hold copyright privileges to. This includes MP3 archives.
Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

SECURITY
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Accessing another clients game server files is stricly prohibited and if found doing so, you will be liable for immediate termination without a refund.

SERVER ABUSE AND SPAM
Any attempts to undermine or cause harm to a Sonic-Hosting.net’s servers or customers are strictly prohibited. This includes the abusive sending of unsolicited email, also known as "Spam." The Australian Spam Act 2003—came into affect on 10 April 2004. Under the Spam Act it is illegal to send, or cause to be sent, 'unsolicited commercial electronic messages' that have an Australian link.

CUSTOMER CONDUCT
You are solely responsible for the contents of your transmissions through Sonic-Hosting.net. Your use of the Sonic-Hosting.net service(s) is subject to all applicable state, national and international laws and regulations. You agree: (1) to comply with Australian law regarding the transmission of technical data exported from the Commonwealth of Australia through Sonic-Hosting.net; (2) not to use Sonic-Hosting.net for illegal purposes; (3) not to interfere or disrupt networks connected to the Sonic-Hosting.net; and (4) to comply with all regulations, policies and procedures of networks connected to Sonic-Hosting.net You agree not to transmit through Sonic-Hosting.net’s service(s) any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use and enjoyment of the Sonic-Hosting.net’s service(s) or another entity's use and enjoyment of similar services. Sonic-Hosting.net may, at its sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions. A termination fee (the cost of loss of revenue from your bill) may apply if Sonic-Hosting.net finds you in breach of these terms and conditions.

COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS
You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. Sonic-Hosting.net is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Sonic-Hosting.net’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
ACTIONS TAKEN BY Sonic-Hosting.net
Failure to meet or follow any of the Terms and Conditions set forth by Sonic-Hosting.net’s grounds for account deactivation. Sonic-Hosting.net will be the sole arbiter as to what constitutes a violation of its Terms and Conditions.
Sonic-Hosting.net reserves the right to remove any account without prior notice. When Sonic-Hosting.net becomes aware of an alleged violation of its Terms and Conditions, Sonic-Hosting.net will initiate an investigation. During the investigation, Sonic-Hosting.net may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Sonic-Hosting.net may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Sonic-Hosting.net will notify the appropriate law enforcement authorities of such violation.

MODIFICATIONS TO AGREEMENT
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.

MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorised use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

ANNOUNCEMENTS
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products and services offered by Sonic-Hosting.net or 3rd Parties or other information to add security or to enhance your identity on the Internet

LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00AUD) dollars.

INDEMNITY
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.

BREACH
You agree that failure to abide by any provision of this Agreement, any operating rule or policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may terminate our Services, including but not limited to our web hosting services, without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

DOMAIN GUARANTY
You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

DISCLAIMER OF WARRANTIES
You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

SERVER RESOURCES
Any web site that uses a high amount of server resources (such as CPU) will be given an option of either upgrading a plan (which depends on the resource needed) or reducing the resource needed to an acceptable level. Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the customer's own account, resale of access to CGI scripts installed on Sonic-Hosting.net’s servers, or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site will not be allowed. Sonic-Hosting.net shall be the sole arbiter of what is considered to be a high server usage level.

MAIL CONFIGURATIONS
Sonic-Hosting.net supports e-Mail connectivity to our servers directly. This means you specify POP3 and SMTP server names in your e-Mail client to connect to us directly to receive e-Mail on behalf of your domain. Any requests for MX record changes to support any other configuration will result in additional charges.

FOREIGN DOMAIN REGISTRATIONS
Sonic-Hosting.net will host any domain from any foreign registry; however, the user is responsible for the registration of any name not a .com, .org, .net, .biz, .info or .au domain. A user may request a .au domain if they are a registered Australian Business under Australian Federal Law, and possess an Australian Business Number (ABN).

GENERAL NET ABUSE
Use of copyrighted material without first obtaining appropriate permission from the copyright holder is in strict violation with federal and respective international laws, and will not be tolerated within the web pages hosted by Sonic-Hosting.net If you are not a Sonic-Hosting.net customer, but believe a Sonic-Hosting.net customer is in violation of one or more copyright laws, please immediately contact us via support located at http://sonic-hosting.net/eticket/ with the site URL and specifics of the material believed to be in copyright violation. If the material proves to be in copyright violation, we will allow the customer/site owner the opportunity to immediately remove the material.
If the material is not removed within 48 hours of notice of proven violation, we will disable the account until the customer/site owner complies with our request to remove the material. Linking to another web site for content and/or graphics materials is considered "bandwidth theft." While bandwidth theft is not currently considered a breach of state, federal or international law, Sonic-Hosting.net does NOT allow such activity. If you have content that is being directly linked on the pages of one of our customers and you have not granted permission for such linkage, please immediately contact support located at http://sonic-hosting.net/eticket/ with the site URL and specifics of the material being linked.
We will investigate the matter, and if a violation is indeed in existence, we will allow the customer/site owner the opportunity to immediately rectify the problem by removing direct links. If the material is not removed within 48 hours of notice of proven violation, we will disable the account until the customer/site owner complies with our request to remove the material. Any Sonic-Hosting.net client found to be in violation of either copyright laws or bandwidth theft whose site is disabled due to non-compliance within the stated 48 hour period will receive no refund whatsoever for any downtime the site suffers as a result.

SERVER ABUSE
Any attempt to undermine or cause harm to a Sonic-Hosting.net server or using an email address that is maintained on a Sonic-Hosting.net machine is STRICTLY prohibited. We reserve the right to deactivate any script (even our own) if it is used to such an extent that it poses a threat to the performance of our network. Any sub-networks of Sonic-Hosting.net must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for immediate account deactivation. We reserve the right to REMOVE any account (deactivated or not) within 10 days prior notice except for spamming, which warrants immediate removal with no refunds of monies paid to Sonic-Hosting.net Complaints about violators of our policies should be referred to support located at http://sonic-hosting.net/eticket/. Each complaint will be fully investigated. Sonic-Hosting.net reserves the right to fully investigate any reported violations and to determine the proper consequences.

BUSINESSES
If your business relies on your Web site for commercial purposes, it is your responsibility to ensure that you have proper business insurance coverage. If server(s) owned by the customer are collocated within our data center, it is your responsibility to ensure that you have proper business insurance coverage for your server(s). As a customer of Sonic-Hosting.net, you agree that you are responsible for any content you provide via your Web site, and it is your sole responsibility to ensure that it does not infringe upon any existing trademark or copyrighted material. Although Sonic-Hosting.net does daily and weekly backups, it is also your sole responsibility to backup and maintain a local copy of your Web site.
GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW SOUTH WALES AND OF FEDERAL LAWS OF THE COMMONWEALTH OF AUSTRALIA. APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN NEW SOUTH WALES AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
NOTICE
Sonic-Hosting.net reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right to make changes to our account plans without prior notification however we will do our best to notify you of any changes.

ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.