Terms of Service

1) Payment Information

All prices are in Australian dollars. Payment for all Rubyjam products and services including website hosting, domain registration, SSL certificates, etc should be made by credit card via PayPal's secure payment gateway or by direct-deposit/cheque/money order (Australian clients only). Australian clients will be issued with a tax invoice for GST purposes. If you would like further information regarding our payment policies or our GST status (for Australian customers only), please contact us. Hosting packages can be paid per month via Paypal subscription. In the event that payment processing fails or is not received, the account will be suspended until the issue is corrected. Client agrees to supply appropriate payment for the products and services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Rubyjam of your desire to cancel any or all services received, those services will be billed on a recurring basis. We reserve the right to change the monthly payment amount and any other charges at anytime.

2) Account Setup

Payment of account must be received in full in order to activate any Rubyjam hosting account. Accounts will be flagged as 'pending' up until we have received payment and we and/or our payment partner(s) have screened the order(s) as part of our anti-fraud measures. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.


3) Content

All services provided by us may only be used for lawful purposes. Client will use our products and services in a manner consistent with any and all applicable laws of the State of New South Wales and the Australian Federal Government. Examples of unacceptable material include IRC bots, warez sites, pirated software, hack programs and archives, material we judge to be threatening or obscene, adult oriented sites including pornography, sex-related merchandising and hate sites. This includes sites that may infer sexual content or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Rubyjam servers must not be not used for the purposes of distributing software and multimedia products, including bulk MP3's. If you wish to distribute software and/or multimedia files, please contact us for special arrangement.


4) Zero Tolerance Spam Policy

We take a zero tolerance stance against the sending of unsolicited email, bulk emailing and spam. "Safe lists" and "double opt in" email is treated as spam. Any user who sends spam will have their account terminated (deleted) without notice. 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. We also reserve the right to make any such modifications in an emergency at our sole discretion. We reserve the right to charge the holder 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 Rubyjam. All rights reserved.


5) Backups and Data Loss

Your use of the service is at your sole risk. While Rubyjam shall make every reasonable effort to protect data stored on our servers, we are not responsible for files and data residing on your account. You agree to take full responsibility for files and data, and to maintain all appropriate backup of files and data stored on our servers.


6) Cancellation and Refunds

We reserve the right to cancel the account at any time. Clients may cancel at any time. Refund requests will be refunded on a prorated basis of any unused time (whole months only). Refunds will NOT be issued for suspended or deleted accounts, SSL certificates, or domain names.


7) Resource Usage

Cgi script sharing with domains not hosted by Rubyjam is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. Matt's FormMail script is not allowed on our servers. Rubyjam does not allow clients to install their own chat rooms. Chat rooms tend to use an unusually large amount of system resources and we cannot permit it as an account option. Users may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that can potentially cause such problems such as CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are permitted.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as Counter-Strike, Half-Life, etc.


8) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated volume we reserve the right to suspend the account until the beginning of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until an upgrade to a higher level package is purchased, terminate the account and/or charge you an additional fee for the excess use of resources. Unused transfer in one month cannot be carried over to the next month.


9) Price Change

We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time. Any changes to your account will be discussed with you prior to implementation. This is a two way street!


10) Indemnification

Client agrees that 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 clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to clients from Rubyjam's server.


11) Disclaimer

We will not be responsible for any damages your business may suffer through the use or misuse of our products and services. We make no warranties of any kind, expressed or implied for services we provide. We disclaim 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 us and our employees. Rubyjam is not responsible for any damages arising from Client's use of or by Client's inability to use our products or services for any reason.


12) Changes to the TOS

We reserve the right to revise our policies at any time without notice.


Copyright © 1999-2007 Rubyjam^®. All rights reserved. All prices shown in Australian dollars.