Terms Of Service and Acceptable Usage Policy
Julian Murray agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service") and the AUP ("Acceptable Usage Policy")
1.1 Contact Information
You agree to provide Julian Murray with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to Julian Murray in order for the processing of your service order, to receive or to continue receiving services. Further, you agree to provide Julian Murray with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.
1.2 Payments and Fees
Establishment of this service is dependent upon receipt by Julian Murray of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the sign up date. The accepted method of payment is via direct bank deposit. When performing a direct bank deposit you are required to enter your Invoice number into the reference field to enable us to identify the payment thus and attribute it to you.
Service suspension will be applied to accounts that reaches 14 days past due. Accounts that have not been cancelled by the Client and where payment is past fourteen days overdue may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Julian Murray a Processing and Collection Fee of not less than $110 incl GST nor more than $220 incl GST. Repeated late payment of account will not be afforded repeated 14 day grace period prior to suspension.
If you desire to cancel your account, there is a simple and easy process to follow as stated in section as outlined in section "3. Account Cancellation".
1.3 Account Cancellation
Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. If any sudden and unexpected bandwidth overusage occurs Julian Murray believes in communicating with our Clients and will try to work with our Clients to resolve any overage issues before taking action which could cause a Client''s service to become unavailable.
Bandwidth usage is measured on a monthly basis.
In the event that Client exceeds the allowable bandwidth limit, Julian Murray will request the Client to immediately upgrade to the next higher hosting plan. If Client fails to upgrade a fee for over usage will be charged at $4.40 incl GST per GB will be charged, charged in 1 GB lots.
Unused bandwidth allocations cannot be carried over to future months, or applied to other services.
1.5 IP Allocations
All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.
1.6 No Spam Policy (NSP)
Julian Murray takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. Very simply this means that customers of Julian Murray may not use or permit others to use our network to transact in UCE. Clients of Julian Murray may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of Julian Murray''s email policy, as outlined in the Terms Of Service ("TOS") and Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, Julian Murray will initiate an immediate investigation (within 72 hours of notification). During the investigation, Julian Murray may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our TOS or AUP, Julian Murray may, at its sole discretion, restrict, suspend or terminate customer''s account. Further, Julian Murray reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Julian Murray will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $220 incl GST and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $550 incl GST and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that personnel must spend to investigate the matter.
1.7 Refund and Disputes
All payments to Julian Murray are non refundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Julian Murray according to the terms herein. All overcharges or billing disputes must be reported within 14 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (charge back) that is a valid charge under the provisions of the TOS and/or AUP to which you have already agreed to, you agree to pay Julian Murray an "Administrative Fee" of not less than $110.00 incl GST and not more than $220.00 incl GST.
Pursuant to this, if you have intentionally obtained a service from Julian Murray with the specific intent to then dispute the charge to enable you to utilise the service from us without paying for it (theft of service), it will be considered an act of fraudulent activity. Action against you as deemed appropriate by law enforcement authorities will be fully supported by Julian Murray together with action against you to recover all costs incurred by Julian Murray in pursuit of exercises undertaken to recover that which owed to us for providing the service to you.
1.8 Courtesy Transfer Service
Julian Murray can perform all account transfers, account moves and any other service which involves Julian Murray copying files of yours from a third party service to your service, hereafter known as a "transfer" as a courtesy service only. This is ONLY performed when the source sites are hosted on WHM/cPanel servers.
Julian Murray performs this service during off-peak times and during periods when our support team are not unduly busy.
By requesting Julian Murray to perform a transfer you agree to indemnify and hold harmless Julian Murray from any and all liability arising from the transfer and/or copying of your accounts. You also agree Julian Murray is not responsible for any issues relating to the transfer of your accounts, both on your Julian Murray service and at any other third party service from which Julian Murray may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent Julian Murray from performing the service, or any other issues.
Julian Murray makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers.
1.9 Data Backups
Julian Murray takes the backup of Client data very seriously, from our use of RAID-1 and RAID-10 to our nightly, second nightly and weekly backup schedules (depending on what service). However, this backup provisioning is performed as a courtesy only. You agree that Julian Murray is not responsible for the completeness, integrity, or freshness of data backup. You agree to hold Julian Murray harmless and not responsible for any damage or loss of business or any cost arising from our backup systems failing in any way for whatever reason.
Client may utilise powerful account level backup functions within cPanel. This is available to every hosting account. cPanel provides Client and your own hosting clients with the ability to directly create full site backups and then to download/store these in a location of your choice and then, if required, to upload and perform a hosting account recovery.
All backup services, whether provided or optional, are dependant on many components working correctly. Therefore, Client agrees to hold Julian Murray harmless and not responsible or liable for any loss of data, damage of loss of business or any cost arising from our backup systems failing in any way for whatever reason. You agree to totally indemnify Julian Murray from any liability, responsibility and/or cost arising from any failure of any backup system and/or service for any reason.
Client acknowledges that the service provided is of such a complex nature which sees countless third party hardware, software and network provider identities contribute, that service can be interrupted or halted for many reasons. Therefore, Client specifically agrees that Julian Murray shall not be liable or responsible for any damages or costs arising from any outage or any failure of service for any reason whatsoever.
Client agrees that in no event whatsoever shall Julian Murray be liable or responsible for any special or consequential damages, loss, injury or cost for any reason.
You agree that Julian Murray is not liable or responsible for any damages and/or costs your business may suffer due to an outage or service interruption. This includes service interruptions caused by Julian Murray and/or any of the third party software and/or hardware service providers who contribute to make the service possible irrespective of whether the cause is hardware related, software related, network related or human action related, whether internal or external, or act of God or for any other reason.
1.10b Damages "Hacking"
You acknowledge that the use of software such as Joomla, Magento, osCommerce, Zen Cart, WordPress and other similar types of software can represent potential risk, and as such requires you to play an important part in maintaining security. Therefore, you agree to always ensure you or your clients keep you or their chosen software updated to the latest release. You agree to utilise and implement security measures as per advice from the developers/publishers of the software you or your clients have chosen to install into you/their hosting account/s on the server. You agree that under no circumstances shall Julian Murray be liable for any damages, loss or costs arising from or associated with the result of any third party or otherwise software becoming compromised (hacked) that may result in the destruction of data on the server whether this is the result of your or your clients chosen software becoming compromised or for any other reason whatsoever. You explicitly agree not to hold Julian Murray responsible or liable in any manner whatsoever for any damages, loss or costs arising from or associated with any type of data becoming deleted and/or unrecoverable due to any type of compromise or ''hack'' irrespective of how the compromise or ''hack'' occurred.
Client agrees that Julian Murray''s failure at any time to enforce any of the provisions of this TOS or AUP or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS or AUP. The exercise by Julian Murray of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Julian Murray from exercising thereafter the same or other rights, remedies, or options.
1.12 Force Majeure
You agree that Julian Murray is not responsible for any damages, costs, delays, or other failures to fulfil its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures of back ups, labour disputes, uplink network failures, external actions and/or other occurrences whether beyond or within its control whether or not similar to those listed above.
Neither this TOS or AUP nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of Julian Murray. Julian Murray may assign this TOS or AUP without the consent of Client. Subject to the foregoing, this TOS/AUP shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
Julian Murray reserves the right to refuse service to anyone at any time for any reason and Client further agrees that Julian Murray is not obliged to furnish reasons for such actions.
Julian Murray agrees to furnish services to the subscriber of services ("Client"), subject to the following AUP ("Acceptable Usage Policy") and the TOS ("Terms of Service").
Julian Murray Acceptable Use Policy ("AUP") has been designed to assist in protecting Julian Murray and it''s clients from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what Julian Murray expects of clients using our services.
Julian Murray AUP is applicable to any and all access or use of Julian Murray services (the "Service") or Julian Murray network (the "Network"). This includes, but is not limited to, any use or access by (a) Julian Murray clients, (b) Julian Murray''s clients'' clients, members, end-users, and agents and (c) any other parties who use or access the Service or Network (collectively, "Users").
All Users must comply with this AUP. Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each client of Julian Murray agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such client, whether authorised by such client or not.
Julian Murray supports the uncensored flow of information and ideas and does not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the Service, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Julian Murray may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.
Julian Murray believes in communicating with our clients and will try to work with our clients to resolve any AUP violations before taking action which could cause a client''s service to become unavailable. However, due to the nature or severity of some violations, such as the injection of illegal phishing sites or pages, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a client who is in violation of the AUP.
The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. Julian Murray will be the sole arbiter as to what constitutes as unacceptable use.
Illegal Activity or Content
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorisation and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
This also includes, without limitation, the use of Services to display illegal phishing sites and or pages whether such sites and or pages exist with or without the knowledge of the website hosting account owner. The hosting account responsible for facilitating the display of illegal phishing sites will be immediately suspended in the first instance to remove the threat then if action has not been taken by Client to rectify matters, the site will be terminated.
Julian Murray expressly prohibits any activities that, in its sole discretion, constitute network abuse. This includes, but is not limited to: Denial of Service attacks or any activities designed to exhaust the resources of a host or network. Any attempt to monitor data or traffic on any network or system without the authorization of the owner of the system or network. Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual''s system.
Port-scanning, vulnerability scanning, and any other activity that may be used as a precursor to an attempted system penetration. Introducing malicious programs into any network or server, such as viruses, worms, trojan horses, and key loggers. Intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information or incorrect DNS information.
Forging any e-mail message header, in part or whole, of any electronic transmission, originating or passing through the Network. Executing any form of network activity that will intercept data not intended for the client''s server.
Unsolicited Email (Further to our No Spam Policy as detailed in T.O.S.)
Users are prohibited from engaging in improper use or distribution of email. Julian Murray will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:
- Sending of any unsolicited email ("spam"). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
- Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising")
- Using the Service to receive replies from unsolicited emails ("drop-box" accounts).
- Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay").
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Julian Murray Users must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list.
- Purchasing lists of email addresses from 3rd parties for mailing to from any Julian Murray hosted domain, or referencing any Julian Murray account, is prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
- All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to, IRC client software, IRC server software, web-based IRC software, IRC bots such as "eggdrop", and IRC proxies such as "psyBNC".
Proxy Servers are prohibited. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts.
Facilitating a Violation of this Policy
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Service Performance & Over Usage Abuse
You will have available to each of your hosting accounts substantial amounts CPU and RAM resources, well above that if your account was being hosted within a VPS. However, for the protection of our network and other reseller clients the following consumption over usage limits apply:
- If any one single website hosting account within your Advanced Premium reseller account consumes in excess of 5% of the total CPU power of the main server for a non-stop excessively long length of time it will be considered resource abusive.
Website Creation Software
Third party website creation software allows the generation and install of complete websites within a single hosting account - a popular CMS and e-commerce site creation technique. These websites are usually purposely created to be seen as individual websites. Domain name forwarders and/or redirectors that point to a specific directory location of a single hosting account can be used to further ensure multiple sites are viewed as individual websites. Therefore it is possible for a single hosting account to be hosting a great number of individual websites.
You agree that when this occurs within a Julian Murray Advanced Premium reseller account, each individual website will be considered as an individual website and will be taken into account as part of your hosted website/domain limit of your particular Advanced Premium reseller account.
Reporting Violations of Julian Murray AUP
Julian Murray requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at
If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
- An E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Julian Murray may take any one or more of the following actions in response to complaints:
- Issue written or verbal warnings
- Disable access to a client''s content which violates AUP
- Remove content which violates AUP
- Block mail or any other network service
- Null-route client''s IP address
- Suspend the client''s account
- Terminate the clients''s account
- Bill the client for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Julian Murray may take to enforce and ensure compliance with this AUP. Julian Murray reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a client''s violation of this AUP.