Terms & Conditions

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company/Credit Card/Paypal automatically charges subscriber’s credit card or Paypal account every month or annually based upon the type of service.

You are obligated to pay for your account even if you do not use it unless you have requested to cancel your account via our online client control panel. Because we have provided you with usernames, passwords, DNS entries, an IP address, and other server/network resources, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers.

Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date.

Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date.

One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

OnlineToday  may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 5 days past due.

WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating.

OnlineToday  generates and sends all invoices 7 days in advance of the due date. We will automatically attempt to charge your nominated credit card. Failure to have insufficient funds, our system will notify the client via email and a retry will be done 2 days latter.  You are responsible to pay any payments and fees by due date.

We reserve the right to change prices due to economy changes like electricity and other factors. This means that we don't guarantee that at the time you have signed up for hosting other internet service which is charged annually or monthly will remain at the same price.

All Shared, Premium, Reseller and Hosting services require a 72 hour notice before the due date of the next invoice in order to cancel the service.
All Dedicated Hosting services require a 14 day notice before the due date of the next invoice in order to cancel service.

All Cancellations must be made using our Service Cancellation Request Form. Any missing information may delay the cancellation of your account. OnlineToday  will not be responsible for additional charges made if data is missing. All requests are manually reviewed and processed by our staff. If any of the above verification information does not match your account records, we will contact you via email to confirm the correct details. Your account is not cancelled until you receive an email from a member of our staff (not an automated reply) confirming that your account cancellation was completed.

If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $50.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.

WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating.

OnlineToday  is under no duty to look at each customer's or user's activities to determine if a violation of the TOS/AUP has occurred, nor do we assume any responsibility through our TOS/AUP to monitor or police Internet-related activities.

OnlineToday  reserves the right to cancel your account at any time with or without notice.

• Failure to Pay Payments and Fees
• Violation of the Terms of Service
• Any issue that may affect negatively towards our customers or system resources

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

OnlineToday  has a zero tolerance policy on Spam, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of OnlineToday  whether or not the message actually originated from our network.

OnlineToday 's mass mailing rules also apply to mailing lists, list serves, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail addresses available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused OnlineToday  mail servers or OnlineToday  IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $30 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

• A warning via email or phone.
• Removal of DNS for the advertised / originating site
• Immediate disconnection of service with no re-activation
• $500 fee assessed to your account for violation

All services provided by OnlineToday  may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless OnlineToday  from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@onlinetoday.com.au with the information required.

We reserve the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services.

If you are in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

Any site found hosting or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

OnlineToday  provides a "30-Day Money Back Guarantee" for web hosting services. If you are not satisfied with our service and wish to cancel the service within the first 30 days, we will issue you a full refund of your original purchase price. This "30-Days Money Back Guarantee" only applies to OnlineToday 's business Hosting Solutions. Payments for "Resellers", "One-Time Services", "Extra Options", "Addons", "Domain Names", " Software Licenses", "SSL Certificates","Web design", "Design solutions", and any setup fees cannot be refunded under any circumstances. Your "30-Days Money Back Guarantee" full refund can only be issued to your original payment source. Violations of the Terms of Service will waive the "30-Days Money Back Guarantee".

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Any additional products added or upgraded on an existing account will not be eligible for a refund, only the first product ordered is eligible for a refund within the first 30 days of service.

All overcharges or billing disputes must be reported within 30 days from the time the dispute occurred. If you dispute a charge to your credit card issuer that, in OnlineToday ’s sole discretion is a valid charge under the provisions of the TOS, you agree to pay OnlineToday  an additional charge of $50 and will be subject to collection by an authorized collection agency.

Any credit from OnlineToday  can only be used towards your hosting service fee. Any credit from OnlineToday  cannot be refunded to your credit card, Paypal, or bank account.

We will set up your account/service after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

Reselling is allowed on our Reseller Hosting Packages. Subletting/Reselling of space is strictly prohibited on Business Hosting Packages. Business Hosting Accounts that sublet/resell their web space/domains/sub-domains will be subject to immediate suspension or termination.

Resellers are responsible for providing all support to their clients directly while OnlineToday  will provide support directly to you. If a reseller’s client contacts us, OnlineToday  reserves the right to place the client account on hold until the reseller can assume their responsibility for their clients unless the reseller has outsourced client support to OnlineToday. All support requests must be made by the reseller on their client’s behalf for security purpose. Resellers are also responsible for the conduct of their clients and by agreeing with this TOS/AUP, agree that their clients will adhere to the AUP/TOS. Resellers should make their perspective clients aware of the TOS/AUP and the consequences for violation. OnlineToday  will hold the reseller responsible for any of their clients actions that violate the law or the TOS/AUP. 

Some commercial software is included with OnlineToday  hosting services. The user may use the software license exclusively only while utilising OnlineToday's  hosting services.

OnlineToday  offers a free script installation service. This service must be requested upon signup.  We have the right to deny script installations and/or charge administrative fees if extra attention is required to install the script as deemed necessary by our staff. Our service is not applicable to websites and/or clients that are not directly billed through us. For example, if you have a reseller account, our service is not applicable to clients of that reseller.

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or the security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools and network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. OnlineToday  will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

You are also allocated disk space allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount of disk space we will notify you by email to the address entered during the ordering process. You must respond and resolve the exceeded disk space within 48 hours, either by removing files until your disk space allocation is no longer exceeded or by purchasing additional disk space. Failure to do so will cause your account to be suspended.

Sites that slightly exceed our traffic  limits are unlikely to be suspended; however, accounts that constantly exceed our traffic limits will be notified via email and your hosting package might need to be upgraded.

OnlineToday  endeavors to have network connectivity available for HTTP access by third parties 99.9% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, OnlineToday  will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.9% availability in a given month. To request a credit  please contact us. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond OnlineToday 's 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). OnlineToday  is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While OnlineToday  attempts to keep regular backups of data stored on our systems, OnlineToday  does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. OnlineToday  does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.

Downtime is defined as any OnlineToday  scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.

OnlineToday  performs backups on our Hosting servers to ensure critical files are not lost. Our server creates backups for user websites that you may download on your own; however, we are not obligated to restore a file any user has accidentally deleted or modified. The backups performed on all our servers are in no way guaranteed. Backup restoration is for emergency circumstances only. You are advised to backup all of your own files including emails to your local drive. OnlineToday  is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. We recommend that you make your own backups of your site at regular intervals from the backup download option provided in the Control Panel.

As a courtesy, we retain backups for our  Hosting services for an extended period. When a client cancels, we keep a backup of the account(s) for a total of 60 days after the cancellation date. Our software automatically removes backups for canceled accounts after this 60 day period. Once more, we do not guarantee the availability or viability of these backups.

When ordering web hosting, we provide free hosting transfer / Migration service to new customers. We will transfer and install your website for free and create your new email accounts

Any website that is NOT a standard html website such as php which might have a database attached will not be done by OnlineToday for free.

OnlineToday will not backup or transfer any existing emails. We are only setting up your existing email account onto our servers. If you use Webmail or any other email program we advise you to backup your existing emails.

OnlineToday  reserves the right to refuse, cancel, or suspend service at our sole discretion. OnlineToday  will not be responsible for any damages your business may suffer because of this circumstance, and OnlineToday  makes no warranties of any kind, expressed or implied, for services we provide.

OnlineToday  shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond OnlineToday  ’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

OnlineToday  makes no warranties or representations of any kind for the services being offered. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by OnlineToday  or its agents or employees shall create a warranty. OnlineToday  provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall OnlineToday  be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

Customer agrees that it shall defend, indemnify, save and hold OnlineToday  harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OnlineToday , 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. Customer agrees to defend, indemnify and hold harmless OnlineToday  against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OnlineToday ’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to a customer from OnlineToday 's server.

OnlineToday  will not be responsible for any damages your business may suffer. OnlineToday  makes no warranties of any kind, expressed or implied, for services we provide. OnlineToday  disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by OnlineToday  and its employees.

OnlineToday  reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or the general public. It is the customer's responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall OnlineToday  or its staff's lack of enforcement of these terms constitute a waiver of these terms at any time.