Nimbo > Knowledgebase > My account > Terms & conditions
Terms & conditions
Access and use and payment for the Nimbo websites, and related resource websites and system are subject to the following terms and conditions. If you create an account, you (referred to henceforth as the 'User') use the site, your use will constitute your acceptance of the below terms & conditions from the first time you create your account. These terms will evolve as the system develops. We'll publish notifications of updates to these terms as required.
You may use your site for any purpose you wish, however if the content is illegal, then it is likely that we - as the hosting provider - will be contacted by the authorities to have the site taken down. We can also choose to remove your site if we consider the content to be illegal or offensive. This includes but is not limited to any form of animal cruelty or any practise that we consider to be animal cruelty. "Cruelty" includes but is not limited to rodeos, animal circuses, bullfighting and any practise where animals are used for unnatural purposes. Adult related content is generally acceptable.
Also prohibited is the use of your website to sell mailing or faxing lists. Any site found to be selling mailing lists or contributing to spamming in any way will be immediately deleted from our servers, no backups provided of content, and no refunds of payments will be available.
Nimbo has been built to be as easy to use as possible, requiring only basic computer skills. Help is available via a growing knowledgebase of help and support articles, as well as a ticketed support system.
Nimbo reserves the right to include a discrete link back to www.nimbo.com.au from the client's website stating "Powered by Nimbo” or similar. This credit is to remain on the site.
The user retains IP of their site content and structure. Nimbo retains copyright of any design that is created by Nimbo,. The user can use and re-use the design elements created for the site in an unlimited fashion for the site and any other graphical online internet-displayed purposes only. Styles and designs created in the production of the Website design may not be used in other material for the client’s advertising unless permission is given by Nimbo. Sale of the website by the owner transfers the use of the site only but the copyright remains with Nimbo.
Any domain registered by nimbo at no charge to the User will remain the property of Nimbo for the duration of the User's account life. The user can then purchase the domain when terminating their account if they choose to do so. Such purchase shall be offered to the User at time of account cancellation/termination.
Nimbo cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once uploaded and live. Such alterations include, but are not limited to additions, modifications, or deletions.
The Client agrees to indemnify Nimbo from any and all claims resulting from the Client’s use of Nimbo’s services which cause damage to the Client or a third party, including any direct, indirect or consequential damages, loss of data resulting from delays, non-delivery or interruption in service or for actions resulting from unauthorised hacking into any Website or online database created by us, or from the misuse of any content management system provided by us. The Client acknowledges and agrees that Nimbo cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond the control of Nimbo.
You indicate acceptance of these terms and conditions of service by placing an order with Nimbo Hosting. These terms and conditions will not be varied for individual customers.
1 SOFTWARE LICENCE AND RIGHTS
1.1 In relation to Nimbo's obligations under this Agreement in connection with the provision of the Services, the User grants to Nimbo Hosting a royalty-free, world-wide, non-exclusive licence to use the user's text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Nimbo Hosting any right, title, interest or intellectual property rights in the User Software or the Content.
1.2 Nimbo Hosting may make such copies of the User Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Nimbo Hosting shall destroy all such copies of the Content and other materials provided by the User as and when requested by the User.
2 SERVICE LEVELS AND DATA BACKUP
2.1 Nimbo Hosting shall use its reasonable endeavours to make the server and the Services available to the User 100% of the time but because the Services are provided by means of computer and telecommunications systems, Nimbo Hosting makes no warranties or representations that the Service will be uninterrupted or error-free and Nimbo Hosting shall not, in any event, be liable for interruptions of Service or downtime of the server, deleted or corrupted files or lack of services due to human error.
2.2 Nimbo Hosting carries out data backups for use by Nimbo Hosting in the event of systems failure. Nimbo Hosting does not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Nimbo Hosting accepts no responsibility for data loss or corruption. Nimbo and Media Two urge all customers to keep backups of any files they upload to their website on their own systems.
8 ACCEPTABLE USE POLICY
8.1 The website and use of the Services may be used for lawful purposes only and the User may not submit, publish or display any content that breaches any law, statute or regulation. In particular the User agrees not to:
8.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
8.1.5 engage in illegal or unlawful activities through the Services or via the Website;
8.1.6 make available or upload files to the website or to the Services that the User knows contain a virus, worm, trojan or corrupt data; or
8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Nimbo's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8.1.8 operate or attempt to operate IRC bots or other permanent server processes.
10.1 The User warrants and represents to Nimbo Hosting that Nimbo's use of the Content or the User Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the User has the authority to license the Content and the User Software to Nimbo Hosting as set out in Clause 6.2.
10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Nimbo shall not be liable to the User as a result of any viruses introduced or passed on to the User.
The User agrees to indemnify and hold Nimbo and its directors, employees or contractors harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Nimbo, Media Two, its directors, employees or contractors, arising out of any breach by the User of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 LIMITATION OF LIABILITY
12.2 The entire liability of Nimbo to the User in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
12.3 In no event shall Nimbo be liable to the User for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Nimbo Hosting had been made aware of the possibility of the User incurring such a loss, or any loss resulting from human error.
13 TERM AND TERMINATION
13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13.2 Nimbo shall have the right to terminate this Agreement with immediate effect by notice in writing to the User if the User fails to make any payment when it becomes due.
13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13.5 On termination all data held in the customers account will be deleted.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
15 DATA TRANSFER
15.1 Web hosting accounts include a certain amount of data transfer according to package chosen or applicable, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included, or until the next month period commences.
15.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
16 SERVER USAGE
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
17 WEBSPACE USAGE
Web space is available for genuine Website content, content must be linked into web pages. Users are prohibited from using the server as a file/backup repository. Users are expected to employ good house keeping when maintaining their account.