Terms and Conditions of Service General The terms and conditions outlined below are designed to protect and benefit all our clients.  In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the system's resources. Limitation of Liability The client agrees to indemnify and hold Orca Technology Pty. Ltd. and its associates harmless from any claims resulting from the use of the service including but not limited to claims relating to damage to the subscriber or to any other party. Use of Servers Clients should not attempt to access the sites of other clients, and should not attempt to hinder the operation of our servers in any way.  We reserve the right to refuse or cancel service to any client. Acceptable Content Your site must not contain material, or contain any link to material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behaviour.  This includes any site with depictions of nudity, as well as material relating to hacking or pirated software.  Orca Technology have sole discretion to determine whether a site's content is acceptable.  Sites with unacceptable content will be removed from our servers. No Mirroring You must not use your site to mirror material on any other site without the express written permission of Orca Technology.  This permission will usually be declined unless the resources required are minimal. Unlimited Traffic We offer unlimited traffic on our Basic Presence, Business Enterprise and Online Shopper accounts to give you peace of mind.  However, please note that the following types of sites do not qualify for unlimited traffic: Sites containing archives or galleries or offering files for download do not qualify for unlimited traffic unless the file types involved (e.g. .jpg, .gif, .tar, .gz, .exe, .zip etc.) make up less than 20% of the site's total traffic; Sites which contain images, CGI programs or similar content which are accessed from other sites.  For example, if you run a banner advertising program and the banner is stored on your site and accessed by the sites displaying your banner then you do not qualify for unlimited traffic; Sites utilizing 'domain parking' (more than one domain name points to your home page); Sites using more than 5% of system resources; Sites which generate an unusually high amount of traffic from images or other binary files (such as Java applets, mp3 and sound files).  That is, if more than 20% of a site's traffic is from images or other binary files, then that site will not qualify for unlimited traffic. If your site does not qualify for unlimited traffic and if your monthly traffic exceeds 1 Gigabyte then any traffic over and above 1 Gigabyte will be charged at our published additional traffic rates. Please note that, in the interests of our other customers using our shared servers, we may decline to host extremely high traffic sites and may immediately disconnect such sites if we see fit. Orca Technology have sole discretion to determine whether and when these provisions apply. Use of Disk Space Your disk space is for your own use only. You may not resell or give away disk space to any third party without written permission from Orca Technology. You must not exceed the amount of disk space allocated to your account. You may not consume disk space with copies of pages which are substantially the same.   For example, you cannot automatically generate multiple copies of a single page and place all the copies on your web site. POP mail accounts are limited to a 20 MByte quota. It is very rare for a POP mailbox to exceed this size. If, however, your mailbox does exceed this quota any further mail received will be rejected until you reduce the size of your mailbox. Please set your mail software to delete your mail from the server.  This will speed up your mail retrieval and will help you avoid exceeding your quota.   Mailboxes can quickly grow and consume your disk space allowance if you do not delete your mail from the server. Database Size The disk space used by your databases (combined total of your MySQL, flat-file and other databases) must not exceed 50 Mb.  Additional Domains You may not use software, such as TrueVirtual, to point additional domain names at your site. This includes subdomains (such as http://subdomain.yourdomain.com.au/) as well as standard domains (http://www.yourdomain.com.au/). If you require an additional domain name to be pointed at your site, please email us regarding our domain name parking facility. A one-time setup fee is payable for each additional domain name parked on your site. Chat Rooms and IRC Chat rooms tend to monopolise system resources and for that reason we do not allow clients to install their own chat rooms.  IRC or IRC bots should not be run on our servers. Resource-Intensive Programs If you install and run a resource-intensive program on our servers there may be an additional monthly charge. Spam (Unsolicited Bulk Email) Spamming, or sending of unsolicited bulk email, from an Orca Technology server is strictly prohibited. Additionally, you must not use an email address or domain name which is hosted by Orca Technology to send unsolicited bulk email.  If we decide that you have violated this condition then your account will be deactivated immediately. Prices and Billing Prices are subject to change without notice. Clients will be billed quarterly in advance. The initial payment is due at the time you open your account. After that, we will send you an invoice by email approximately one week before your payment is due. Any change we publish in monthly fees will apply from the start of your next billing period. Any charges for additional services or upgrades will be invoiced (pro-rata if necessary) on receipt of your order. Any excess usage charges incurred will be billed monthly in arrears. Please note that if your payment is overdue, then your account(s) may be suspended without notice at our discretion. All fees are non-refundable. Domain Name Registration Any domain name registration prices offered from time to time apply only to .com, .net and .org domain names registered through Orca Technology's registration service. Please note that they do not apply to .com.au, .net.au or .org.au domain names. We will not pay or reimburse you for registration fees if you register your name through a different registrar. If you choose to register your name through any other registrar then you will be responsible for handling the registration process and paying the necessary registration fees. Orca Technology will, however, be happy to provide you with all the technical details you require to complete the registration process. If your domain name has already been registered through Network Solutions, InterNIC (.com etc. domains) or Internet Names Australia (.com.au etc. domains) then we will submit the domain transfer request for you at the time as we set up your account. If your domain name was set up through a different registrar then we will not submit the transfer request for you, but we will provide you with all the name server information you need to arrange the transfer yourself. Technical Support We will provide unlimited technical support relating to the operation of your server and the use of the server's facilities. Please note though that we do not generally provide support for problems with your CGI programs or HTML code, though we will provide such support, within reason, at our discretion. Refusal of Service We reserve the right to refuse or cancel service at our sole discretion. If you breach any of the above terms and conditions we reserve the right to deactivate your account immediately.