Terms & Conditions
Ameriam will hereby be referred to as “we”, us”, “our”. The customer will be referred to as “customer”, “you” or “I”. If you wish to no longer be apart of the Ameriam Network, then please call us on 1300 658 522.
Our services are only made available to individuals who can form legally binding contracts. Without limiting the following, our services are not available to suspended or ineligible customers. This includes 3rd parties who make use of a suspended customer’s website or the services contained therein. Persons under the age of 18 require parent or guardian supervision, or some other agent who is at least 18 years authorised to represent you. You warrant that all actions that you make are done so in good faith and that you have no knowledge of your actions infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name. If you do not qualify, please do not use our services.
1.2 Cleared Funds
We will set up your account only once payment has been cleared, and our payment partners have screened your order for fraudulent activities. You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to scan and email a copy of the front and back used to make payment of the card to 1300 658 522 before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address, which is not at the domain you are signing up under.
1.3 Self Service
We are not responsible for maintaining or authoring your website unless we are specifically hired to do so. Otherwise, once your account has been set up, it is entirely your responsibility to create your site. Should you require assistance, please contact us on 1300 658 522.
1.4 Primary Account Holder
Only the authorised person listed on the account entered at sign-up will have access to the account, and they will be referred to as the ‘primary account holder’. The primary account holder will be issued with an username and password which is required to access My Account for any billing and technical requirements. It is at the primary account holder’s risk if you share your username and password with any other person(s) from within or externally to your organisation and we will not be held liable for any breeches of your account or any service(s) due to the username and password being distributed by the primary account holder. We may also verify your identity by asking security questions. The client agrees to provide this information before assistance can be provided to them.
1.4 Change of Account Ownership
To facilitate the change of Account ownership of an Account, the primary account holder needs to either log into their account and update, or scan and email to Ameriam a signed letter which includes their full name, email address, full address on Company Letterhead, requesting the change of primary account holder and company. Changing the Primary Account Holder on an account does not include updating the legal registrant information for a .au domain name, please refer to the Transfer of Legal Ownership.
If the primary account holder cannot be contacted:
– A corporation or business should send a request on their company letterhead, from either the CEO or Managing Director scanned and emailed, or mailed, to Ameriam.
1.5 Domain Name Ownership
The domain names purchased on behalf of the client by Ameriam, are owned by Ameriam. These names can then be sold / rented to the client at either cost value or a price set by Ameriam.
2.1 Service and Product payments
The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your product(s) or service(s), we reserve the right to charge a cancellation fee. Excluding exceptional circumstances, no refunds will be given.All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of Ameriam. Your product(s) and/or service(s) will not be created/provisioned or work performed until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services.
2.2 Administration Charges
If payment is not received by the invoice due date, we reserve the right to suspend your account. You agree to be subject to whatever other administration charges are applicable to the circumstances.
2.3 Credit Card Payments
If you have signed up using a credit card, your credit card will be re-billed on the due date of future invoices. You understand and agree that you have obtained the credit card owner’s permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.
2.4.1 We reserve the right to suspend your account if you have an outstanding invoice or account or if your account is in dispute, or as part of a dispute resolution procedure.
2.4.2 If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it.
2.4.3 Ameriam does not offer free support resources for suspended services.
2.4.4 If a contact is cancelled before reaching its full term and outstanding invoices are still owed, Ameriam retains the right to withhold any monies made from the website until 10 business days after full payment for outstanding invoice/s is made.
2.4.5 Ameriam shall continue to re-bill a suspended service as normal notwithstanding that you may not be able to access any products or services.
2.4.6 If your account remains unpaid for 30 days your information will be passed onto a collections agency for debt recovery.
2.4.7 We reserve the right to suspend your account and/or service(s) at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where Ameriam has been given misleading or false information regarding the type of web site to be hosted.
2.4.8 We reserve the right to seek and claim damages and losses from suspended accounts. We may use whatever legal means necessary to recover any outstanding debts.
3.1 Product and Service Cancellation by Ameriam
3.1.1 Ameriam reserves the right to cancel your account and/or service(s) at any time. Without limiting the following, we will cancel your account and/or product and services at our discretion to:
– Protect the stability of the registry
– Comply with applicable laws, government rules or requests of law enforcement
– Comply with our upstream service providers
– Avoid liability, civil or criminal, on the part of Ameriam, as well as its affiliates, subsidiaries, officers, directors and employees
3.1.2 Ameriam also has the right to cancel your account if we find that you have been engaging in:
– Deceptive, improper or misleading conduct
– Providing false information
– Harassment, abuse or swearing
– Unlawful activities
– Conduct that breaches this agreement
3.2 Requesting a cancellation:
If you wish to terminate your account with Ameriam, you must do so by in writing to email@example.com and comply with all details outlined in these terms and conditions. Ameriam shall offer no more free support resources for your product whatsoever.
3.2.1 If you have cancelled your service with Ameriam and would like to reactivate your service, you will need to place a new order.
3.3 Refunds and Returns:
Excluding exceptional circumstances, no refunds or returns will be issued. If Ameriam is proven to be at fault, refunds or returns will be considered but cannot be guaranteed.
3.4 Domain Name Cancellation:
If you decide you no longer require Ameriam to be your domain provider, there are a number of options available to get ownership of your domain.
– Ameriam can sell it back to you for a negotiated price
– Ameriam can rent the name back to you on a yearly subscription
– A service can be offered to Ameriam in return for ownership of the domain
3.5 Service Cancellation:
If an invoice or invoices have remained unpaid for more than 3 months, we reserve the right to cancel the overall project, at which point you will be liable for the remaining balance of the remaining amount owed to Ameriam. Debt collection agencies will also be involved to recover this debt if uncooperative.
4.1 Spam or Leeching
4.1.1 We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double option” will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy at our sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.
4.1.2 We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.
4.1.3 Alternatively, you agree to pay Ameriam liquidated damages of AU$0.50 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, including any 3rd party accounts you hold as part of our reseller programs.
4.2 Publisher and Author of Website(s)
4.2.1 Ameriam is not necessarily the publisher or author of any web site you host or create. If you are the publisher, author, or reseller, it is your responsibility to ensure your website(s) do not breach our terms and conditions or interfere with the server functions for other users. If your site, content or actions interferes with server functionality, causes network connectivity issues or attracts any form of distributed denial of service attacks (collectively, a ‘service interruption event’) whether on purpose or otherwise, then Ameriam reserves the right to charge you for cleanup fees, loss of revenue, and other direct expenses caused by the service interruption event as applicable. Ameriam reserves this right irrespective of whether you have explicit knowledge of the service interruption event or not. It remains entirely your responsibility to not host content that may have the potential to cause service interruption events.
4.2.2 Unless specifically hired as such, Ameriam is not the web site publisher and is not responsible for, and does not endorse, the content hosted by or activities performed by you whilst using our services or by any sites you host.
4.2.4 From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Ameriam will charge a pro-rate hourly maintenance fee for such work.
4.3 Improper Content
4.3.1 All products and services provided by Ameriam may only be used for lawful purposes. The customer agrees not to host materials or engage in activities as set out below. We reserve the right to refuse service based on these conditions.
4.3.2 Ameriam does not endorse any web site content hosted on our network and the content remains the property of the web site owner.
4.3.3 You must not engage in any of the following activities:
– Defame embarrass, harm, abuse threaten, slander or harass third parties
– Use any IRC bots
– Use any proxy servers or other servers
– Hack sites or run malicious scripts
– Post pornographic material, particularly illegal child-pornography (however, adult or R-rated content is acceptable)
– Post material which encourages unlawful behaviour by others, such as hate crimes or terrorism
– Run any sort of hate/extremist sites
– Engage in spamming
– Breach copyright, trademarks, service-marks or patents. This includes the posting of Warez or pirated software on your service, or linking to such material even where such material is not controlled by Ameriam.
– Engage in actions which are prohibited by the laws of Australia, and/or foreign territories in which you conduct businesses
– Post material which is tortuous, vulgar, obscene or invasive of the privacy of a third party
4.3.4 This is not an exhaustive list. Other activities deemed improper, illegal or dangerous may also breach this agreement.
4.3.5 If your web site is suspended and/or hosts any of the unacceptable material as set out above, we reserve the right to charge a clean-up fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of AU$129.00 per hour (minimum 1 hour).
4.3.6 It will remain your responsibility to resolve the issues after we inform you of the breach.
4.4.1 Ameriam offer free support and extended support which may incur a fee nominated by Ameriam.
4.4.2 If you are experiencing difficulties or issues with any services or products, you are required to notify us of the issue immediately so we may resolve the issue.
4.4.3 If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue.
4.4.4 We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters. You must allow a reasonable time period for your issues to be resolved.
4.5 Resource Usage
4.5.1 Users may not attempt any of the following:
– 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, scripts, FTP, PHP, HTTP, Mail, etc.
– Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
– Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
– Run any software that interfaces with an IRC (Internet Relay Chat) network.
– Run any gaming servers
– Any activity which causes the server to crash / restart
4.6 Backups and Data Loss
4.6.1 Your use of our products and services is at your sole risk. We are not responsible for files and 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 our servers at all times.
4.6.2 We are not liable for any data loss due to server failure, unforeseeable corruption of programs, hacking, or any other failure whatsoever.
4.6.3 We offer bi-daily backups for certain Australian hosting packages, a complete list of which can be found on the website. Ameriam will make an attempt in good-faith to store at least one bi-daily backup of the customer’s data at all times, subject to the following exclusions and limitations:
– Use of this service is entirely at the customer’s risk. The service does not in any way diminish, extinguish or modify any of our rights under clauses 5.2: Indemnification; 5.3: Disclaimer; and 5.4: Limitation of Liability.
– Hardware, network or software failure may limit, block or frustrate our ability to store or retrieve past, current and future backups, either temporarily or permanently.
– Compressed files and archives of all types are not archived.
– The solution is suitable for static web-pages; active, open or frequently changing files (such as databases) may not copy successfully, or may be corrupted beyond recovery upon their retrieval.
– The solution is not a replacement for an off-site data backup, nor does it represent an adequate disaster recovery strategy. As a condition of use the customer must still maintain their own local complete copy at all times.
– Ameriam will make attempts in good-faith to restore a copy as close to the date as requested by the customer as possible. However, the date and age of data cannot be guaranteed.
– We reserve the right to age out and cleanse data as frequently as required
4.7 Updated Versions
4.7.1 From time to time, we may update our Software Versions. When we do so the version number shown on the plan will change.
4.7.2 Customers on previous plan version numbers will be automatically upgraded to the newest version of Software. Customers on previous plans will keep the features of their current hosting package.
4.8 Bandwidth Usage/Disk Space
4.8.1 It is your responsibility to upgrade your account and monitor your account usage.
4.8.2 You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer’s responsibility to ensure they do not exceed their assigned limits when using any of our Hosting Services.
4.8.3 Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, or terminate the account.
4.8.4 Unused bandwidth transfer in one month cannot be carried over to the next month.
5.1 Price Change
5.1.1 We reserve the right to change prices listed on Ameriam’s website.
5.1.2 If we change the price of a product or service, then you will be re-billed at the updated rate on your next renewal.
5.1.3 In the event a domain name has expired / or hasn’t been reregistered for any unforeseen reason, Ameriam will not be held at fault. However a refund may apply, but cannot be guaranteed.
5.2.1 The customer agrees it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, 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. The customer furthermore agrees to defend, indemnify and hold us harmless against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ameriam;
(2) any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) any breach of any representation or warranty provided herein
(4) any negligence or wilful misconduct by you
(5) any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets
(6) any defective products sold to customers from Ameriam’s server.
5.2.2 By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.
5.2.3 This indemnification is in addition to any other indemnification required of you elsewhere in this agreement.
5.2.4 Should Ameriam be notified of a pending law suit, or receive notice of the filing of a law suit, Ameriam may seek a written confirmation from you concerning your obligation to indemnify Ameriam. Your failure to provide such a confirmation may be considered a breach of this agreement.
5.3.1 Ameriam will not be responsible for any damages your business may suffer.
5.3.2 We provide no warranties, express or limited, for services we provide, nor do we guarantee your web site or applications will work error free on our servers. This includes implied warranties of merchantability or fitness for a particular purpose. As such, we are not responsible for loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery and any service interruptions caused by Ameriam and its employees.
5.3.3 Should any part of this disclaimer be made invalid by relevant legislation (such as the Trade Practices Act) then the remaining part shall still be in force.
5.4 Limitation of Liability
5.4.1 In no event shall Ameriam be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement of its incorporated agreements and policies your inability to use the software or services, your loss of data or files or otherwise, even if Ameriam has been advised of the possibility of such damages.
5.4.2 Some states or territories may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or territories, Ameriam’s liability is limited to the full extent permitted by law. You agree that in no event shall Ameriam’s maximum aggregate liability exceed the total amount paid by you for the particular product or service in dispute purchased from Ameriam.
5.5 Force Majeure
5.5.1 A force majeure is defined as Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster even if caused by global warming, i.e., negative human activities that contribute to the destruction of the biosphere), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone service.
5.5.2 Where a Party is unable, wholly or in part, by reason of force majeure, to carry out any obligation under this Agreement, and that Party: (a) gives each other Party prompt notice of that force majeure including reasonable particulars, and, in so far as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; (b) uses all possible diligence to remove that force majeure as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations.
5.5.3 If after a period of six months, the force majeure has not ceased, the Parties shall meet in good faith to discuss the situation and endeavour to achieve a mutually satisfactory resolution to the problem.
5.5.4 The requirement that any force majeure must be removed with all possible diligence does not require the settlement of general strikes, lockouts or other labour disputes or claims or demands by any government on terms contrary to the wishes of the Party affected.
5.6 Online Fraud
5.6.1 In compliance with the Privacy Act, we are permitted to share your personal details with competent authorities when there is proof of fraudulent or criminal activities.
5.7 Transferring your Products & Service(s) to other servers
5.7.1 Ameriam reserves the right to transfer any or all of your hosting accounts to any other server, where:
(i) the server your account resides on has suffered hardware or software errors; or
(ii) your activities interfere or have the potential to interfere with other users; or
(iii) your server has been decommissioned; or
(iv) we consider your bandwidth usage to be unacceptable or interfering with the performance of our network infrastructure, notwithstanding that you may be within your quota; or
(v) when performing a mass migration.
5.7.2 As part of a server migration we may also have to change your operating platform or the versions of any other software you may have been using on the previous server. It is your responsibility to ensure that your site is compatible with the new software.
5.7.3 We have servers in both US and Australian data-centres, and your account/s and/or service(s) may be transferred to and from either data-centre.
5.7.4 You agree that your quota or disk-space or other features may change as a result of the migration. You will continue to pay the same price as what you were paying before the migration.
5.7.5 We will update customers about server migrations on our server status page or via email. If you are not using our name-servers then it is your responsibility to update your private name servers after a migration.
5.8 Changes to the Terms and Conditions
5.8.1 Ameriam reserves the right to revise its terms and policies from time to time without notice. Updates will appear on the company website Legal section. By continuing your services you agree to these revisions.
5.9 Entire Agreement
Ameriam reserves the right to revise its terms and policies from time to time without notice. Updates will appear on the company website Legal section. By continuing your services you agree to these revisions.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.