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Legal: Terms Of Service

Definitions

In this document, the following words have these meanings:

“You”, “Your”, “Customer”, “Member(s)”, or “User(s)” means a “Subscriber” to the Service, or any person who accesses the Service using the subscriber’s access details;
“Service(s)” means any product(s) or services(s) the Customer has ordered for use.
“True Blue Hosting”, “We”, “Us”, “Our” means True Blue Host (ABN 17 110 242 483).
“ToS” means Terms of Service.
“AUP” means Acceptable Use Policy.
“SLA” means Service Level Agreement.
“Agreement(s)” means “ToS”, “AUP”, “SLA” and “Privacy Policy”.
“Members Area” or “Client Area” means our online portal to manage all Services and not limited to the members domain name(s), web hosting, dedicated servers, and security certificates, direct access to the clients Area: https://clients.truebluehosting.com.au/
“Website” means www.truebluehosting.com.au.

Customer agrees when using, or accessing True Blue Host services that the terms and conditions of this policy will be met:
User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all
Applicable Laws including, but not limited to Local, State or Commonwealth Laws, True Blue Host reserves the right to cooperate with all or any law enforcement
agencies.

User agrees to follow the Acceptable Use Policy of any network user connects to, including True Blue Host system.
Neither True Blue Host nor its Information Providers are responsible for any damages arising from User’s use of True Blue Host or by User’s inability
to use True Blue Host service.

User hereby agrees that any material submitted for publication on True Blue Host through user’s account(s) does not violate or infringe any copyright,
trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User’s may not host any hardcore adult
content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on TrueBlueHosting

The following violations of “netiquette” are grounds for immediate suspension of service pending investigation by True Blue Host and will result in
termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are
off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

Sending unsolicited mass e-mailings which provoke complaints from the recipients.
Engaging in either of the above from a provider other than True Blue Host and using an account on True Blue Host as a mail drop for responses, or
advertising a web site hosted at True Blue Host.
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by True Blue Host.
Impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not
preclude the use of nicknames in IRC or the use of anonymous remailer services.)

True Blue Host prohibits IRC and associated programs, including psybnc, “bots”, etc., scripts commonly used for abuse, attacks, or flooding threatening,
harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred
by True Blue Host.

User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any
processes, disabling and/or suspending your account.

User may not use more than 100% CPU out of 1 CPU Core and the usage is limited to 1 CPU core, 1GB memory, 1024/Kbps IO – Read & write operations, no
more than 100 NPROC – Processes or no more than 20 Entry Process. Cron jobs must not execute more than once every 30 minutes unless if specified by
the script provider and will be niced to 15 or greater. Each user account may not send more than 300 emails per hour.

If it is determined that a customer’s account is overusing the system resources, we may temporarily suspend the account to prevent the server from
experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server
environment, a notice will be sent to the customer providing them alternative solutions or such as a Premium Hosting Plan with high resources, VPS or a
Dedicated Server. True Blue Host will be the sole arbiter as to what constitutes a violation of this provision and True Blue Host reserves the right to
make adjustments to these limits at our sole discretion.

All unmetered dedicated servers and virtual private servers are installed on hundred mbps shared bandwidth ports, unless service is sold as a specified port
size or specified/requested as a capped port. True Blue Host reserves the right to monitor network usage, and if a service significantly exceeds average
usage, to throttle the available speed to conserve network resources. This will generally not include short spikes in usage, but will include, but not be limited
to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other True Blue Host
clientele, True Blue Host reserves the right to throttle the service causing such a problem.

True Blue Host performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. Our daily and weekly backups are
created for accounts that are under 20GB and 150,000 Inodes. These limits apply to each cPanel user individually. Furthermore, True Blue Host does not
guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the
unfortunate event that the client has lost their data hosted with True Blue Host, will use reasonable endeavors to restore the client’s data; however
True Blue Host will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss
due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood
as no backup method is failsafe therefore we make no warranties.

The use of more than 50,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service
interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 150,000 Inodes. Accounts found
to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode
count. Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits. Users with reseller plans have a reseller wide limit of
1 million inodes in addition to the per user limit, however this reseller limit is not something we actively enforce and it will only become an issue if a reseller is
causing problems for other resellers on the server. If a resellers inode usage is in between 5 to 10 million inodes we may request the reseller to upgrade to a
dedicated server or provide adequate time to resolve the inode usage, if no action is taken by the reseller, account may be suspended. Budget resellers have
a per user limit of 50,000 inodes and a 250,000 reseller wide limit of inodes. If this limit is exceeded, we may request the budget reseller to upgrade to a
normal reseller plan or provide adequate time to resolve the inode usage, if no action is taken by the budget reseller, account may be suspended.

Every file (a web page, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended;
however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or resellers with millions of
files that cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving
their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually
pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”,
and then type in: :fail: No such user here.

User MUST NOT use our hosting services to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free email
services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary
to address the situation.

File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with
True Blue Host as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not
have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your
account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.

Abuse of True Blue Host Staff or Support Personnel: At True Blue Host, we take pride in providing excellent service to all of our customers. It is our
policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff
feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be
suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five
(5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any
medium of communication, including but not limited to email, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol,
or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff;
Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing
or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.

Payment Issues
User agrees to pay True Blue Host all charges relating to the use of User’s account(s) according to rates and prices stated on said sales order at the time
of commencement.
User is responsible for charges at the time the service is used and True Blue Host may apply the amount due to User’s credit card at any time.
True Blue Host reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments
or rejection of any credit card charges.
Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants True Blue Host the right to charge payments to that card
on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments.
Non-Payment: All web hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date
is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services.
Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service
network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy
reasons.

All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3)
consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services
within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.
Payment Reminders: Our credit card processor will remit payment for all recurring orders, for services on the monthly anniversary date. It is clients
responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s sole responsibility to make sure that
dues are paid on time and the email address on file is working and allowed to receive reminders True Blue Host. Once a payment reminder dispatched
from True Blue Host. it is considered as a valid payment reminder. True Blue Host does not take any responsibility for non deliverable email
addresses or email sent by True Blue Host. not reaching the client destinations, including but not limited to spam filters or network issues. For the first day
after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The
third day and the fifth day, second and third payment reminders will be sent us. From the seventh day customer services may be suspended temporarily for
non-payment.

Public Feedback
We have a zero tolerance policy for posting negative feedback on any public locations about our company and/or our employees before submitting a ticket to
our “Suggestions & Complaints” Department to discuss your issue, this will result in immediate account termination without any refund.
Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of
client that we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and
everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our
Complaints Department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please DO NOT SIGN UP
with True Blue Host in the first place.
Furthermore, all of our policies that pertain to keeping information given to us confidential including but not limited to our privacy policy, confidentiality
agreement, non-disclosure agreement are nullified once you discuss your experience publicly.

Refunds
Without waiving any of its other rights under this Agreement, True Blue Host offers to its Customers a 30-day money-back guarantee on fees for hosting
services. If for any reason you cancel your account within thirty (30) days starting from the day True Blue Host dispatch your welcome email including
your account information or the day you place the order with us, whichever comes first. True Blue Host will refund your money with no questions asked;
provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the
30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make
you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from True Blue Host and does
not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated
servers, virtual private servers and overage fees.

Cancellations
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at
www.clients.truebluehosting.com.au > Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. True Blue Host
requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply
the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer
account. Customer understands and agrees that True Blue Host does not provide pro-rated or any other kinds of refunds on cancellations. All fees
Customer has paid shall be nonrefundable, unless stated otherwise under our any 30 day money back guarantee.
All cancellation requests must be made directly via www.clients.truebluehosting.com.au. Cancellations requests are not accepted by email, postal mail, by phone or
via the help desk TrueBlueHosting.com.au. If a customer cancelled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation
request. In such cases, True Blue Host reserves the right to terminate the customer account with immediate effect without any prior notice.

Agreement
True Blue Host may modify these terms and conditions upon notice published online via True Blue Host. User’s use of True Blue Host services
after such notice shall constitute user’s acceptance of the modifications to this Agreement.
This agreement, User account, contract, and billing will automatically renew unless cancelled in writing prior to the renewal date.