- Publish My Web agrees to work and provide services under these listed terms and conditions only. Agreement by you, as a lawful representative of your company or other legal entity, for Publish My Web to commence work by any means, shall be deemed as acceptance of these listed terms and conditions by you and the entity you represent. If you are an individual agreeing to these terms and conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. In addition, payment to us in any form also constitutes acceptance of the terms & conditions listed here.
- While using Publish My Web software or services, you shall not transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; infringe the intellectual property rights of any entity; interfere with or disrupt Publish My Web software, Publish My Web servers, other equipment or networks connected to Publish My Web services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service made known to you. You shall not make any use of Publish My Web Services that violates any applicable local, state, national, international or foreign law. We have a zero tolerance policy for unsolicited email and spam sent from your account.
- You agree that Publish My Web shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any created website, software or service. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on your website, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content. In no event shall Publish My Web be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Publish My Web has been advised of the possibility of such damages.
- At all times, you bear full risk of loss of any content and software you place on Publish My Web servers. 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 the content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to prevent any loss, damage and security of Your content including email. Publish My Web shall have no liability to You or any other person for loss, damage or destruction of any of your content.
- You agree that any and all software and technology developed by Publish My Web is wholly owned by Publish My Web and that ownership, licence and copyright is indefinitely retained by Publish My Web. You are notified and agree that Publish My Web does not work for hire. No transfer of rights of software or source code is given, expressed or implied. Publish My Web ownership and copyright extends to software, technology and source code custom developed by Publish My Web and no transfer of rights of software or source code is given. Use by you of Publish My Web software on your website does not imply: a right to ongoing use; a right to copy; a licence of any form; ownership in any kind by you. We provide you with use of Publish My Web software as a service on a monthly basis only, subject to payment of a monthly fee, never as a licensed product. If Publish My Web services are terminated by you or by Publish My Web, use by you of Publish My Web software and technology shall immediately cease, with no further access to be provided by Publish My Web. Publish My Web own and retain the title, copyright, and other intellectual property rights in Publish My Web Software [and any copies of such software]. The Software is provided as a service, is not licensed or sold to you. The Software [and the documentation] is protected by copyright and other intellectual property laws and treaties. Your possession, installation, or use of Publish My Web Software, Hardware Accessories, or the Documentation does not transfer to you any title to the intellectual property in the Software, Hardware Accessories, or Documentation. The Software and source code is protected by copyright, including without limitation by Australian and United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that Publish My Web is the exclusive owner of all worldwide right, title and interest in and to the software used on your website, including without limitation all copyright, patent, trademark, trade secret and other intellectual property rights in and to the Software.
- Any Publish My Web developed software, including source code, software, executable files, technology, scripts, web-page source, PHP files, compiled or interpreted code, plugins, libraries or software modules, will ever be released to you by Publish My Web. Publish My Web retains all rights, including copyright, licence and ownership of all source code and software. You acknowledge that you have no right to copy or access Publish My Web created source code or software.
- We agree that on termination to the release the rights to any logo, graphics or flash animations designed specifically for your use. We agree to release the rights to any social media accounts Publish My Web has setup on your behalf.
- In order to protect our rights and to prevent common hacking vulnerabilities of our server, FTP access will not be given. On Publish My Web agreement only, SFTP access may be provided to restricted areas of your website.
- All invoices not paid when due shall accrue interest at the lesser of 2% per month or the maximum rate allowed under applicable law. Invoices will be automatically considered late once the invoice due date has passed. In the even you fail to pay an invoice one week after the due date, we reserve the right to suspend or terminate your service. We also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
- Publish My Web shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.
- You acknowledge and agree that Publish My Web shall not be responsible under any circumstance for any loss or corruption of data and/or software. You agree to release and hold harmless Publish My Web from and against any loss, liability, or damage, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability that you, the owner, or lessee may suffer arising out of, or related to, the services provided by Publish My Web. This includes but is not limited to data loss or lack of function in any component or element of your website or software as a result of Publish My Web’s actions or the actions of its agents, partners, and/or third-party service providers.
- Publish My Web does not give any express warranties in relation to your service, including warranties that: users will have continuous access to, or usage of services; or data stored on Publish My Web servers will not be lost or corrupted; it will be possible to restore customer content from Publish My Web’s back up media; or it will be able to prevent unauthorised persons obtaining access to customer content. Any condition or warranty which would otherwise be implied into this agreement is excluded, unless it would be unlawful to do so.
- You agree that your website is to be hosted on an Publish My Web controlled server. Publish My Web is not able to host our software or client designed websites or web-pages on servers not under Publish My Web control. Publish My Web does not host or manage websites on non-Publish My Web servers. We reserve the right to deny access to Publish My Web servers in order to protect our Intellectual property and software from copying. Publish My Web reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Service.
- Publish My Web is not a domain registrar. Instead, we register domains on behalf of our clients via a third party. The cost of domain name registration is non-refundable and is for a minimum period of 2 years. Publish My Web is not responsible for any down-time, loss or damage suffered as a result of non-renewal or expiry of a domain name. Domains may be re-registered on your behalf without prior notification near the expiry date to ensure continuation of services. When you point a domain at Publish My Web servers, you may make use of our provided or third party DNS service. We are not responsible for any downtime or undelivered emails caused by any failure of our DNS service.
- You acknowledge that contact forms and emails are not secure. You agree not to use Publish My Web forms for confidential client information. Publish My Web is not responsible for any interception, dissemination or any other breach of confidential client information transmitted using any feature in Publish My Web, including but not limited to Forms, Social Media, your website. You agree to take full responsibility for adding disclaimers and warnings to any form that may encourage the transmission of confidential information, and indemnify and hold harmless Publish My Web and it's vendors and partners against any real or alleged damages resulting from the use of Publish My Web in regards to client information.
- Publish My Web reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Publish My Web Site.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Publish My Web customer, employee, member, or officer will result in immediate account termination.
- Publish My Web reserves the right to update and change this agreement from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. Your can review the most current version of the Terms of Service at any time at www.pmw.publishmyweb.com.au/terms-of-service
Support & Hosting Terms and Conditions
1 All requests for changes or updates must be submitted to Publish My Web by email to firstname.lastname@example.org.
2 Our $66AUD/hr rate applies to graphic design and web marketing services only and may be changed without notice. Services including phone support, commissioned consulting, advanced custom programming, IT support and on site work are charged at custom rates as advised by quote or email prior to commencement of work. Publish My Web charges in 15 minute increments.
4 For sites with high bandwidth usage quota restrictions do apply. High bandwidth usage is defined as over 1000MB/month. Publish My Web will contact you if your website usage is approaching your monthly bandwidth quota. At present, 95% of our websites use under 1000MB/month.
5 On your request, Publish My Web is able to provide you with access to 5 POP3/SMTP mail services on the Publish My Web server. Please note that Publish My Web is not able to setup your PC for receiving/sending email. POP accounts are limited to 200meg storage per account.
6 Backups are made of your website on a nightly basis. Note that backups earlier than one week are not indefinitely archived, so it may not be possible to revert to a version of your website more than one day old.
7 We provide client websites with a storage space of a maximum of 2GB in total, including email. In the event that you exceed this amount, we will provide you with cost-effective alternatives.