Terms of Service

This Agreement sets out the terms which have been agreed between LiftUp Hosting and the Client for the provision of such Internet services and shall be supplemented from time to time by Schedules setting out specific details of such services requested by the Client.

Definitions

In this Agreement, unless the context requires otherwise, the following words shall have the following meanings:

"LiftUp Hosting" refers to LIFTUP HOSTING PTY LTD which is a company registered in Australia with ABN 91 670 489 095;
"Abuse Complaint" is a complaint, either by LiftUp Hosting or a third party, about the Client's use of the Services;
"Bandwidth" is the data transferred by the Client using the Services to other equipment on the Internet. For the avoidance of doubt, this includes transfer of data between the Services and other equipment hosted by LiftUp Hosting;
"IP" means Internet Protocol;
"IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
"Latency" is defined as the mean time for a packet to be transmitted between two points in the LiftUp Hosting Network;
"Network" means the Internet;
"Network Data" means data transmitted by the Client to the Network;
"Network Availability" is defined as the percentage of time the LiftUp Hosting Network is contactable over a calendar month;
"Network Unavailable Time" is when a portion or the entirety of the LiftUp Hosting Network is unavailable, and this affects the provision of the Services to the Client. Network Unavailable Time excludes Scheduled Maintenance, and those situations defined in the "Exclusions" section of the Network Service Level Agreeent;
"Notified Maintenance" means essential maintenance to be carried out by LiftUp Hosting in relation to the Services, Hardware and/or Software, which has been notified to the Client;
"Packet Loss" is the number of packets, as a percentage, that do not reach their destination within the LiftUp Hosting Network;
"Schedule" means the schedules and/or Internet/telephone orders to this Agreement from time to time, describing the Internet related services requested by the Client including without limit details of the requested Bandwidth, Hardware and Software; "Scheduled Maintenance" is defined as maintenance necessary for the continued provision of service, including but not limited to network upgrades and security updates;
"Services" means the Internet related services described in any Schedule made hereunder and which are supplied or to be supplied by LiftUp Hosting on and subject to the terms of this Agreement and any schedules made hereunder;
"SLA" means service level agreement;
"Software" means the computer software provided by LiftUp Hosting in connection with the Services;
"Storage" means the amount of data stored on the Client's hardware, including but not limited to the Client's software;
"Threat" means any and all malicious activity, including without limitation, any viruses, worms, trojan horses, malware, and any other malicious code;
"Billing Portal" is the billing control panel that the Client may access at https://portal.liftuphosting.com.au.
"Client" or "You" refers to the person or entity that has entered into this Agreement with LiftUp Hosting.
"Affiliate Program" refers to the program that LiftUp Hosting uses to reward clients for referring new clients to LiftUp Hosting.
"Payment Providers" or "Payment Partners" refers to the company we use to handle process of payments, https://stripe.com
"Australian Consumer Law" or "ACL" refers to Schedule 2 of the Competition and Consumer Act 2010. More details can be found on https://consumer.gov.au

General

The Services shall be as described in this Agreement and any associated Schedules. All Schedules shall be deemed to be an offer from the Client and shall only be deemed accepted by LiftUp Hosting when counter-signed by an authorised representative of LiftUp Hosting. In the event of any conflict between any provision in this Agreement and those in the Schedule then the provision in the Schedule shall prevail. The Client, where the Client an individual, or the person entering into this Agreement on behalf of the Client, where the Client is an entity, and capable and authorised to enter into this Agreement.
LiftUp Hosting reserves the right at any time and from time to time to amend, improve or correct the Services, Software and/or Hardware (or any part thereof) provided that such modification does not materially affect the overall quality of the Services. This includes the right to substitute the Hardware with Hardware of similar specification, where necessary. LiftUp Hosting shall endeavour to give the Client reasonable notice of such modifications but this may not always be possible and LiftUp Hosting shall not be liable to the Client or to any third party for any such modification or any failure to give such notice LiftUp Hosting reserves the right at its sole discretion to suspend any or all of the Services (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following (each of the following shall be a "Suspension Events"): (i) Notified Maintenance; (ii) issue by any competent authority of an order which is binding on LiftUp Hosting and which affects the Services and which can only be dealt with properly by suspension of the Services; (iii) if the Client fails to pay any amounts due under this Agreement when they are due; (iv) if any events occur which would entitle LiftUp Hosting to terminate this Agreement; (v) the Bandwidth used by the Client in relation to the Services exceeds the agreed level and LiftUp Hosting determines in its sole discretion that such suspension is necessary to protect all and any Internet solutions provided by LiftUp Hosting from time to time. It is the Client's responsibility to keep the server security and software up to date. Whilst LiftUp Hosting will make reasonable attempts to keep services secure the limitation on lability resulting in any breach, wether preventable or not, will be limited to the amounts described within the DISCLAIMER section of this agreement.

The Client is liable for any legal contracts or end user license agreements as a result of any third party software installed by The Client. In the event of a server crash, once notified, LiftUp Hosting will endeavour to reboot the Client's server as soon as possible but offer no timed guarantee. The Client may have access to an automatic reboot switch, in which case an instantaneous reboot may be possible. LiftUp Hosting make no guarantee as to the functionality of the reboot switch, but will make all reasonable endeavours that the reboot switch is functioning properly. It is the Client's responsibility to maintain and to enter a contact email address, postal address and telephone number for the Client on the Billing Portal, and to ensure such contact details are current and up to date at all times. LiftUp Hosting may provide the Services to the Client from verbal or email order received by it from any authorised person. A person shall be an authorised person for the purpose of this clause if his/her name is listed at the time of order on the Billing Portal. This Agreement together with the Schedule constitutes the whole and only agreement and understanding between the parties relating to its subject matter and supersedes and extinguishes any drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of this Agreement whether existing prior to or at the same time as this Agreement. The Agreement will be on these conditions only, to the exclusion of any other terms and conditions (including any terms and conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document). The Client's terms and conditions shall not apply to this Agreement.

Refund Policy

Refunds are issued at the sole descretion of LiftUp Hosting. You are not guranteed a refund of your services for a change of mind under the Australian Consumer Law
Services are only eligible for refunds within 24 hours of your initial payment being processed and may differ by several hours. Only the initial payment may be refunded, any upgrades made will not be refunded.
To be eligible for a refund, you must meet the following requirements:
- Not have purchased a Dedicated Server (Refunds only available when there is a fault, not for change of mind)
- Submitted a Cancellation Request, stopped automatic payments, and submitted a support ticket in the Billing Portal BEFORE 24 hours have passed.
- Have attempted to communicate with Support (Discord or Support Tickets). Any refusal to communicate or cooperate with support will void any refunds.
- Add-ons such as a Dedicated IP Address and Domains are not eligible for Refunds.
If you do not attempt to make contact with us regarding your refund and instead create a dispute with our payment providers, you automatically void any contracts or agreements with LiftUp Hosting your account will be terminated with no refund provided.

Offers and Coupons

At LiftUp Hosting, we often provide coupons or special offers to our customers, for a full list of terms and conditions on an offer or coupon, please open a support ticket to our sales department clearly requesting a full list of terms and conditions on the coupon code or offer you wish to use.

Cancellations

To cancel your service you must do so via the billing portal which will also cancel your subscription with our payment partner. In the unlikely case that there is an outage with our billing portal, this can be made in writing to team[@]liftuphosting.com.au however we cannot gurantee an immedient response or cancellation.
LiftUp Hosting does not have access to any client's bank or payment account therefore we cannot and will not be responsible for unintended payments made via an automatic payment subscription service.

Unfair Usage

LiftUp Hosting reserves the right to terminate the Services and/or the Client's account if the Client;

- Violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- Transmits any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- Making any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- Making, attempting or allowing any unauthorized access to LiftUp Hosting website, servers, your own hosting account or the account of any other customers of LiftUp Hosting.
- Allowing any remote code execution of malicious software through the hosting account provided by LiftUp Hosting.
- Causing denial of service attacks, port scans or other endangering and invasive procedures against LiftUp Hosting servers and facilities or the servers and facilities of other network hosts or Internet users.
- Forging signatures or other identifying marks or codes of any other person or engaging in any activity to attempt to deceive other persons regarding the true identity of the User.
- Using LiftUp Hosting services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- Uploading unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- Uploading content or facilities which may render the service a virtual private network / proxy service for traffic tunnelling or networking not to engage in or to instigate actions that cause harm to LiftUp Hosting or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDoS attacks for any servers, etc. LiftUp Hosting reserves the right to refuse service to anyone upon Our discretion. Any material that in LiftUp Hosting judgment, is either obscene or threatening is strictly prohibited and will be removed from LiftUp Hosting servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, LiftUp Hosting will take corrective action upon our own discretion and will notify You. LiftUp Hosting decision in such case is binding and final, and cannot be a subject of a further change. LiftUp Hosting cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to LiftUp Hosting or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 7 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. LiftUp Hosting will not be liable for any loss or damages in such cases.
- At its discretion, LiftUp Hosting can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

If we find your server using any sort of system to bypass limits put on your server (such as game slots, RAM or CPU amount) your server is subject to being terminated.

Affiliate Program

The LiftUp Hosting affiliate program is a great way to earn money by referring new customers to LiftUp Hosting. LiftUp Hosting offers a 7.5% recurring commission on all sales generated by your affiliate link. In order to be eligible for the affiliate program, you must follow these: - Hold an active LiftUp Hosting account. - Be at least 16 years of age. - Hold an Australian bank account (or opt to recieve your payments via account credits) - Have a valid email address & phone number LiftUp Hosting requires a minimum of $20 in your account before you can request a payout. You can request a payout at any time. Guidelines about what you cannot do to promote LiftUp Hosting/your affiliate link: - You cannot use any form of spam, malware or illegal activity to promote LiftUp Hosting/your affiliate link. - You cannot use or create alternate accounts in order to provide yourself with a higher commission. - You cannot have any negative statements that may harm LiftUp Hosting's reputation. If you are found to be in violation of these guidelines, your account will be terminated and you will not be paid for any sales generated by your affiliate link. To sign up for the program, please visit https://portal.liftuphosting.com.au/affiliates.php

Email and Anti-Spam Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to LiftUp Hosting. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. LiftUp Hosting prohibits the following activities listed without limitation hereunder:

- Usage of the LiftUp Hosting network and systems to receive replies to unsolicited mass e-mail messages.
- Forgery of e-mail headers (i.e.”spoofing”).
- Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
- Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
- Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
- Hosting any web pages or providing any services that support spam.
- Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
- Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

Reservation of Rights

LiftUp Hosting explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by LiftUp Hosting; (ii) establish limits and guidelines concerning the use of LiftUp Hosting services and/or products; (iii) terminate Your use of LiftUp Hosting services and/or products for use of LiftUp Hosting services and/or products to unnecessarily or illegally harass LiftUp Hosting or third parties, non-payment of fees for LiftUp Hosting services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of LiftUp Hosting, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that LiftUp Hosting determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of LiftUp Hosting services and/or products if Your use of LiftUp Hosting services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against LiftUp Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of LiftUp Hosting services and/or products at any time and for any reason if deemed reasonably necessary by LiftUp Hosting. LiftUp Hosting has no obligation to monitor Your use of LiftUp Hosting services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. LiftUp Hosting has the right to refuse services to anyone at Our discretion.

Limitation of Liability; Waiver and Release

The services offered by LiftUp Hosting are being provided on an “AS IS” and LiftUp Hosting expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, LiftUp Hosting expressly does not warrant that LiftUp Hosting services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services 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. No advice or information, whether oral or written, obtained by you from LiftUp Hosting shall create any warranty not expressly made herein. You agree that LiftUp Hosting will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of LiftUp Hosting; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. LiftUp Hosting has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that LiftUp Hosting has no obligation to back-up any data related to your website.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on LiftUp Hosting servers; and (iv) ensure the confidentiality of Your password. LiftUp Hosting services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and LiftUp Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by LiftUp Hosting are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. LiftUp Hosting shall have no liability to You or any other person for Your use of LiftUp Hosting products and/or services in violation of these terms.

Legal Age

You attest that you are of legal age (18 or over) to enter into this Agreement or have someone over the legal age entering this on your behalf.

Final Notice

These terms & conditions are subject to change at any time without notice. By using our services you automatically agree to these terms.