Terms Of Service

 

1.1. “Customer” means the person or entity who ordered services provided by Tech Enticer.

 

1.2. “Customer Service” means the relationship between Tech Enticer staff and the Customer, with the purpose of assisting the Customer with a question they have asked.

 

1.3. “Support Ticket” refers to a secure electronic message sent by the Customer to Tech Enticer for assistance or for any questions they may have with any Service(s).

 

1.4. “Registry” refers to person(s) or entity(ies) responsible for providing registry services. These services include customer database administration, zone file publication, DNS and DNSSEC operation, marketing and policy determination in regards to a top-level domain name. A Registry may outsource some, all, or none of these services. Different registries exist for different TLDs.

 

1.5. “Service”, "Service(s)" or "Services" means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, VPS and SMS services. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Tech Enticer has sent after the Customer requests the service. The specific details of the Services can be found by logging in to the website or on our website.

 

1.6. “Synergy Wholesale” means Synergy Wholesale Pty Ltd.

 

1.7. “Tech Enticer” means Tech Enticer.

 

1.8. “Website” refers to Tech Enticer’s customer account, billing and management portal, available online at https://techenticer.com

 

 

2.1. The Customer signified acceptance of our Terms of Service, as well as our Acceptable Use Policy, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement when they submitted their order to Tech Enticer for Services, and that order was accepted.

 

2.2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy and that they are solely responsible for the files and applications that have been uploaded and executed.

 

 

3.1. The Customer agrees to receive emails and/or SMS messages directly relating to the Service(s) provided, as well as marketing and promotional emails and/or SMS messages from Tech Enticer to the email address registered to their account. The Customer can unsubscribe from marketing and promotional emails and/or SMS messages only.

 

3.2. The Customer may opt-in to receive email and SMS notifications from our Service Status system concerning their Service(s). This subscription can be modified at any time by the Customer through the website and are disabled by default.

 

3.3. Customers with eligible services may receive service-specific notifications (including, but not limited to suspension notices) via SMS to their mobile device if a mobile number is present in the website.

 

3.4. If the Customer does not want to receive these mandatory service-specific emails and/or SMS messages (where applicable), they are required to cancel all active Services and close their Account, in accordance with Section 11 of this policy. The Customer may, however, opt-out from receiving marketing and promotional emails and/or SMS at any time by disabling them in the website.

 

 

4.1. While Tech Enticer will endeavour to provide continuous availability of all Service(s) to the Customer, Tech Enticer will not be liable for any Service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).

 

4.2. Scheduled maintenance will be performed at a time which is deemed suitable by Tech Enticer, and should it require any Services to be offline for greater than thirty (30) minutes, Tech Enticer will post details of the scheduled maintenance at least two (2) days prior.

 

4.3. Unscheduled maintenance will be performed as required by Tech Enticer , and should any Service(s) be offline for greater than thirty (30) minutes, Tech Enticer will post details of the maintenance and any updates until it has been completed. Details of these events can been found at https://techenticer.com/serverstatus.php If you wish to receive notices by email and/or SMS, please subscribe to service status notifications through the website.

 

 

5.1. The Customer acknowledges that whilst Tech Enticer is an ICANN and auDA ISS accredited Registrar, any domain name registration, transfer or renewal will be processed through Synergy Wholesale.

 

5.2. The Customer acknowledges that they have read, and agree to any applicable Registrant Agreement before purchasing any Domain Name(s) from Tech Enticer.

 

5.3. The Customer acknowledges that all Domain Name(s) are non-refundable once the order has been accepted and processed by Tech Enticer.

 

5.4. Tech Enticer does not warrant or guarantee that a Domain Name registration will be approved by the Registry, irrespective of whether the invoice for the Domain Name(s) has been paid. The Customer should take no action in respect of the requested Domain Name(s) until they have been notified by Tech Enticer that the Domain Name(s) have been successfully registered and the Customer has verified the registration through a public WHOIS lookup.

 

5.5. The registration and on-going use of the Domain Name(s) are subject to the relevant naming authority’s terms of service and any applicable Registrant Agreement. The Customer is responsible for ensuring awareness of these terms and that they are adhered to.

 

5.6. The Customer waives any right to make a claim against Tech Enticer in respect to a decision made by any Registry or Regulatory Body to refuse registration, renewal, transfer or continued use of a Domain Name.

 

5.7. The Customer acknowledges that Tech Enticer is not obligated to renew a Domain Name if the Customer has;

 

a. not confirmed to Tech Enticer that the domain name is to be renewed, or

 

b. the invoice for renewal has not been paid in full, or

 

c. it is determined that the Customer does not satisfy the eligibility criteria to continue holding the Domain Name license.

 

In these circumstances, Tech Enticer will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via the website and it is the Customer's responsibility to confirm that the renewal request has been successfully processed in full.

 

5.8. Domain Name registration, renewal or transfer may be declined by Tech Enticer if the Customer is in breach of the Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer has other unpaid invoices in their Account.

 

5.9. It is the Customer's responsibility to ensure that the Registrant, Technical and Administrative contact information is kept up to date on every domain name. As per registry-registrar policy and agreements, Tech Enticer will use the Registrant contact information to advise the Customer of any pending expiry, renewal or transfer requests relating to the domain name.

 

5.10. Should the Customer choose to terminate all Service(s) with Tech Enticer, but does not transfer a Domain Name to another registrar, the Customer agrees that Tech Enticer may contact the Customer after the Account closure to advise of any domain name expiry, renewal or transfer request.

 

5.11. The Customer warrants that Tech Enticer is authorised to act as the Designated Agent to approve any changes to made to registrant contact details on behalf of the old or new registrant for any generic top-level domains governed by ICANN.

 

5.12. Enabling ‘ID protection’ on any generic top-level domain governed by ICANN is not considered a material change the registrant data given that as per ICANN requirements the Registrar holds all original registrant data.

 

 

6.1. The Customer warrants that any information supplied to Tech Enticer is true and correct and will be kept current and up to date via the website.

 

6.2. The Customer warrants that they will keep all passwords and sensitive information in a secure location and this information is not shared with any other party.

 

6.3. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Tech Enticer, its staff, agents or affiliates, which has not been expressly stated in this agreement.

 

6.4. The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their Account and/or Service(s). These matters should be referred to the Australian Federal Police for investigation as soon as possible.

 

 

7.1. Tech Enticer shall not be liable to the Customer for harm caused by or related to the Customer's Service(s) or inability to utilise the Service(s) unless caused by gross negligence or wilful misconduct.

 

7.2. Tech Enticer shall not be liable to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.

 

7.3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Tech Enticer, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment above the amount paid by the Customer for the Service in question for the six months before the occurrence of the event(s) giving rise to the claim.

 

7.4. Tech Enticer does not warrant that:

 

a. Any Service(s) provided will be uninterrupted or error-free;

 

b. The Service(s) will meet your requirements, other than as expressly set out in this agreement;

 

c. The Service(s) will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service(s) or any Tech Enticer system.

 

7.5. Tech Enticer does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, concerning any goods or services provided under or incidental to this agreement.

 

7.6. In no event will Tech Enticer be liable to the Customer for any loss of business, contracts, profits or anticipated savings or any other indirect or consequential or economic loss whatsoever.

 

7.7. Third-party services engaged by the client through cPanel including but not limited to SEO and web design tools are done so at the Customer(s) own undertaking. Tech Enticer does not provide any express or implied warranty on the quality of their product(s) nor the outcomes expected and are under no obligation to extend support for externally managed or purchased products.

 

 

8.1. The Customer agrees to a month to month contract term for Service(s) unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Service(s) with an agreed term), or otherwise agreed in writing. The month to month contract for Service(s) is automatically renewed each month in perpetuity subject to cancellation by the Customer.

 

8.2. Monthly Service(s) are established as part thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.

 

8.3. Concerning fees for Service(s):

 

a. Fees for Service(s) ordered by the Customer shall begin on the date of the initial order and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.

 

b. The order date of any Service(s) will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, SSL certificates, et cetera) for that particular Service.

 

c. Fees are due in advance of the billing cycle and will be invoiced to the Customer ten (10) days before the due date. If a credit card is stored in the Account it will be charged three (3) days before the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, et cetera) to be rectified before the due date.

 

8.4. Concerning fees for upgrades to Service(s):

 

a. Upgrades ordered by the Customer on the billing anniversary date will be billed for a full cycle and will continue each cycle on the anniversary date unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, et cetera).

 

b. Upgrades ordered by the Customer after the billing anniversary date will be prorated to the next anniversary date at the full monthly cost. Future fees will appear as the new plan from your existing anniversary billing date.

 

c. Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If a credit card is stored in the Account it will be charged three (3) days before the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, et cetera) to be rectified before the due date.

 

d. Additional fees may be payable for upgrades where manual work is required by Tech Enticer to process the upgrade request.

 

8.5. Concerning fees for downgrades to Service(s):

 

a. Downgrades will be processed when the request is received from the Customer unless otherwise specified in the request.

 

b. An Account credit will be issued to the Customer’s Account for the difference of any pro-rated pre-paid amount minus the cost of the new plan prorated on the chosen cycle.

 

c. Additional fees may be payable for downgrades where manual work is required by Tech Enticer to process the downgrade request.

 

8.6. Fees for one-off Service(s) including, but not limited to, dedicated IP addresses, SSL certificates, SMS credits, instant data blocks and instant disk blocks, are due within seven (7) days of the invoice being issued.

 

8.7. All published prices are inclusive of any government taxes and charges unless otherwise noted.

 

8.8. Any unpaid invoices in the Customer's Account must be paid in full before new Service(s) will be provisioned.

 

8.9. Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.

 

8.10. Service(s) with unpaid invoices that are more than seven (7) days past the due date will be automatically suspended, with full payment for all outstanding invoices required before the Service(s) can be reactivated.

 

8.11. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Restoration of terminated Service(s) is subject to Tech Enticer’s Terms of Service.

 

 

9.1. In the event a new Service is ordered by the Customer with payment via credit card, this credit card information may be stored against on the Customer's Account and may be used for future automatic invoice payments.

 

9.2. Where a credit card number is stored on the Customer’s Account, this may be automatically used for the payment of due invoices. In such cases, payments will typically be taken three (3) days before the due date of the invoice.

 

 

10.1. The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by one of Tech Enticer’s suppliers:

 

a. Domain names;

 

b. SSL certificates;

 

c. SMS credits; and

 

d. Software licences.

 

10.2.    A full refund will be provided to either account credit or returned to the original payment method if the order was placed within forty-five (45) days of the date that the refund was requested for any of the following Service(s):

 

a. Any shared cPanel web hosting Service;

 

b. Any shared WHM (Reseller) web hosting Service;

 

c. Any dedicated email hosting Service; and

 

d. Any VPS hosting Service.

 

10.3. A pro-rata refund will be provided to account credit only if the refund request was made more than forty-five (45) days after the order was placed for any of the following Service(s):

 

a. Any shared cPanel web hosting Service;

 

b. Any shared WHM (Reseller) web hosting Service;

 

c. Any dedicated email hosting Service; and

 

d. Any VPS hosting Service.

 

10.4. The Customer will not be entitled to a refund if any of Tech Enticer’s Terms, Policies and Agreements have been breached by the Customer.

 

10.5. All other refunds will be processed at the sole discretion of Tech Enticer, in-line with the Australian Competition & Consumer Commission's published policies and guidelines. More information can be found at http://www.accc.gov.au/consumers/consumer-rights-guarantees.

 

 

11.1. The Customer can request cancellation of their Account or any Service(s) for any reason by logging in to the website and submitting a cancellation request. For security reasons, we will not accept cancellation requests by any other method.

 

11.2. Any prepaid fees for Service(s) past the current billing month will be refunded following the Refunds subsection of this agreement once a refund request has been made by the Customer. This can only be done by submitting a Support Ticket through the website.

 

11.3. The Customer agrees to pay any outstanding invoices upon cancellation of their Service(s).

 

11.4. If the Customer requests cancellation of a Service after the invoice for the renewal of the Service has been paid, a refund will be issued following the Refunds subsection of this agreement.

 

 

12.1. Tech Enticer may suspend or terminate Service(s) if:

 

a. The Customer is found to be in breach of any policy including but not limited to the Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement;

 

b. The Customer has become insolvent or bankrupt;

 

c. The Customer has unpaid invoices.

 

12.2. Tech Enticer may decide at its sole discretion to advise a Customer that their Account and/or Service(s) will be terminated by giving fourteen (14) days written notice, and any applicable refunds will be processed as per the Refunds subsection of this agreement.

 

12.3. If a Customer’s Account is closed for any reason, or any Service(s) suspended or terminated, the Customer must pay all outstanding invoices by the due dates.

 

12.4. If a web hosting, dedicated email hosting or VPS Service is suspended or terminated for any reason, Tech Enticer is under no obligation to provide the Customer with a copy of any data associated with the Service(s). Tech Enticer may provide the customer with a backup of the data, if it is available, for a fee of $199.95.

 

 

13.1. It is the Customer's sole responsibility to maintain regular offsite backups of their data. The Customer will not hold Tech Enticer liable for incomplete, out of date or corrupt data recovered from backups and archives.

 

13.2. For shared cPanel web hosting and dedicated email hosting Service(s), Tech Enticer makes every reasonable effort to backup and archive the Customer’s data regularly for the sole purpose of disaster recovery. Tech Enticer does not take automated system backups of Virtual Private Server (VPS) Service(s) or any other Service(s) unless explicitly stated.

 

13.3. In the event of hard disk failure or data corruption of a shared cPanel web hosting or dedicated email hosting server, Tech Enticer will restore data from the last known verified archive. If backup and archived data appears to be corrupt, the Customer should be prepared to upload all of their data to their Service(s) from their copy or an off-site backup; and re-create all mailboxes, databases, FTP accounts, et cetera.

 

13.4. If the Customer requires Tech Enticer to supply a backup of their data for an active shared cPanel web hosting, shared WHM (Reseller) web hosting or dedicated email hosting Service, for any reason or purpose that is not the direct fault of Tech Enticer, a fee of $49.95 per Service will be payable by the Customer before the data will be made available. Services in a suspended, cancelled or terminated state within the website are not considered an active Service.

 

13.5. Tech Enticer is under no obligation to maintain a backup of the Customer’s data following the suspension or cancellation of the Service for any reason.

 

13.6. Tech Enticer holds no responsibility for any issues which arise during the use of third party services including but is not limited to R1Soft, Softaculous, Installatron and RVSiteBuilder. Issues which occur as a result of failed upgrade attempts by the Customer are outside the control of Tech Enticer.

 

13.7. The Customer has read this far and is eligible for a discount for reading the Terms of Service. Please use the coupon smartcustomer when placing your order which will give you ten per cent off your first invoice for any Tech Enticer product, for any billing period. This coupon can only be used once per customer.

 

 

14.1. The Customer agrees that the use of any Tech Enticer logo or company information is within approved marketing guidelines.

 

14.2. Tech Enticer agrees not to use a Customer name, logos or information without the prior written consent of the Customer.

 

 

15.1. The Customer agrees to abide by all local, state and federal laws under the Service(s) delivered by Tech Enticer.

 

15.2.    The Customer agrees that these and all Tech Enticer Terms, Policies and Agreements are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

 

 

16.1. Tech Enticer may amend our Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.

 

16.2. Continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Services) in-line with our cancellation policy found within our Terms of Service.

 

 

1. Definitions
   1. "Account" means the account held with Tech Enticer by the Customer that is used for billing, contact information and details of the Service(s) assigned to the Customer.
   2. “cPanel” refers to the shared web hosting Service control panel and “cPanel user” refers to the Customers Service on the shared web hosting cPanel server environment.
   3. “CloudLinux” means server-side software that monitors resources to ensure operation within set limits.
   4. “Client”, “Customer” or “Reseller” refers to any person, partnership, corporation, or other legal entity acquiring Services from Reseller, which form part of the Reseller’s Services.
   5. “Custom cPanel” refers to the slider-based shared web hosting Services that can be created by the Customer through the Tech Enticer management system.
   6. ‘Legacy shared cPanel” web hosting Service refers to the “EW” or “BW” prefixed shared cPanel hosting service.
   7. “Service”, "Service(s)" or "Services" means any product(s) or service(s) the Customer has ordered from Tech Enticer. This can include, but is not limited to, web site hosting and domain name registration or transfer or renewal. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Tech Enticer sends to the Customer after an order has been placed. The specific details of the Services can be found by logging in to Tech Enticer Management System or on our website.
   8. “Tech Enticer”, “Company”, or “Business” means Tech Enticer of 2A Hill St, Frankston VIC 3199 Australia.
   9. “Tech Enticer’s Management System” and “Client System” refers to Tech Enticer’s customer account, billing and management portal, available online at https://techenticer.com/
2. Acceptance
   1. The Customer signified acceptance of the Acceptable Use Policy upon signup to Tech Enticer and their subsequent acceptance of the Customer Agreement.
   2. The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.
3. Unacceptable Content and Material
   The Customer may not publish, transmit, distribute or store any content or material on Tech Enticer’s servers or network that Tech Enticer believes:
   1. Constitutes child pornography; 
   2. Is excessively violent or incites, threatens or implies violence;
   3. Contains harassing content or hate speech;
   4. Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state;
   5. Is defamatory or violates a person’s privacy;
   6. Creates a risk to a person’s safety, health or security;
   7. Compromises national security or interferes with an investigation by any law enforcement agency;
   8. Improperly exposes trade secrets or any other confidential or proprietary information of another person or business;
   9. Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents;
   10. Clearly infringes on another person or businesses trade mark, patent or property;
   11. Promotes illegal drugs or violates import or export laws;
   12. Relates to illegal gambling or fire arms trafficking;
   13. Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or to Tech Enticer;
   14. Is otherwise malicious, fraudulent, or may result in retaliation against Tech Enticer by offended viewers.
4. Prohibited Use
   1. Custom cPanel and Legacy cPanel web hosting Services may not be used for the following purpose:
      • For storage of backup archives nor any data which is not directly related to and accessible through the website itself.
      • Additionally, Legacy cPanel web hosting Services may not be used for the following purpose:
   2. For storage of email data exceeding 5GB in total per service; this total encompasses all email inboxes additional directories within the cPanel service including the default catchall email account.
   3. Services, including but not limited to Custom cPanel and Legacy cPanel web hosting Services may not be used for any of the following activities:
      1. IRC scripts or bots;
      2. Proxy scripts or anonymous browsing utilities;
      3. Image or file hosting scripts (similar to Photobucket, Rapidshare, etc);
      4. IP scanners;
      5. Pirated software or “warez” sites;
      6. Banner advertisement services;
      7. Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes);
      8. Hacker focussed sites, archives or programs;
      9. Sale of any controlled substance without having the appropriate permits;
      10. Sites promoting illegal activities;
      11. Any game servers (such as Counter Strike, Half Life, etc);
      12. Any VoIP service primarily associated with game server communities (such as TeamSpeak);
      13. Any other purpose that Tech Enticer management have deemed as unacceptable.
5. Security
   1. The Customer acknowledges that they are solely responsible for what is hosted from and stored in the Service.
   2. The Customer agrees to keep all PHP and CGI scripts up to date with the latest release or stable versions as directed by the publisher or developer. Failure to do this may result in security vulnerabilities leading to your Service being compromised, defaced or destroyed.
   3. The Customer warrants that their Service usernames and passwords will be kept in a safe and secure location at all times and that they will not use dictionary words or consecutive strings as a password.
   4. The Customer agrees to keep all file and folder permissions set correctly.
6. Excessive Resource Usage
   1. CloudLinux CPU core, RAM allocations, I/O usage, Processes and inodes count limits apply to all Custom and Legacy cPanel web hosting Services. Any Service which exceeds these limits will automatically display a “503 Service Temporarily Unavailable” message to all visitors until the resource usage falls below the assigned limits. Information on the limits assigned to a particular Service can be found within the Tech Enticer management system.
   2. For all Custom cPanel and Legacy cPanel web hosting Services, the Customer may not:
      1. Perform any task which unreasonably consumes server resources leading to degradation of the shared hosting server environment for other Customers;
      2. Perform any task which generates high IO Load;
      3. Consume large amounts of system memory;
      4. Execute a script which takes longer than 180 seconds to complete;
      5. Operate a script which does not close MySQL connections upon completion;
      6. Run any server-side or stand-alone processes or daemons;
      7. Run any bit torrent applications, trackers or clients;
      8. Run any web spiders of indexers;
      9. Run cron entries with intervals less than 15 minutes;
      10. Use PHP includes that call the full URL instead of a local file (eg. include(http://domainname.com/file.php) instead of using include(“file.php”));
   3. For all Custom cPanel and Legacy cPanel web hosting Services, the Customer must request permission from Tech Enticer and supply a valid reason before using any of the following commands in scripts, SSH or via any other means:
      1. rsync;
      2. tracert, traceroute or traceroute6;
      3. ping or ping6;
      4. mtr;
      5. lynx;
      6. ftp;
   4. Tech Enticer reserves the right to suspend any service utilising excessive network resources, and reserves the right to charge additional usage fees for excessive usage. Tech Enticer may make reasonable attempts to notify the Customer at the time of suspension, however, notification is not guaranteed and the Customer should ensure they are compliant with all policies.
7. Backups
   1. The Customer warrants they will maintain a local or off-site backup of their Service data at all times.
   2. As per the Customer Agreement, Tech Enticer will not be held liable for data loss under any circumstances and it is the Customers sole responsibility to ensure that they have a backup of all data.
8. Spam and Bulk Email
   1. The Customer warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam).
   2. The Customer may not use any purchased email list for individual or bulk email sending.
   3. Tech Enticer assigns a limit of 1,000 outbound emails per domain per hour on Custom cPanel web hosting services (unless specified). Any Customer who attempts to send more than the allowed amount will receive an undeliverable message for up to one (1) hour after the limit has been reached. All email over the limit will be discarded.
   4. Tech Enticer assigns a limit of 500 outbound emails per domain per hour on Legacy cPanel web hosting and all other web hosting services (unless specified). Any Customer who attempts to send more than the allowed amount will receive an undeliverable message for up to one (1) hour after the limit has been reached. All email over the limit will be discarded.
   5. The Customer agrees that all mailing list applications, including but not limited to Mailman, will have no more than 4,000 individual email addresses per list per domain.
   6. The Customer warrants that all mailing lists used are “opt-in” by the recipient, and all recipients in the list have consented to being on the list.
   7. The Customer warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list.
   8. The Customer warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003 (http://www.acma.gov.au/WEB/STANDARD/pc=PC_310322), the United States CAN-SPAM Act 2003 (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) and any other relevant Spam-related legislation that may be created or amended from time to time.
9. Non-compliance and Remedy
   1. Any Service(s) that are found to be in breach of this policy but have not caused any known inconvenience to other Customers will result in an email being sent to the Customer asking for changes to be made in order to comply with this policy and two (2) days to make the changes. The Customer is required to acknowledge this email and advise Tech Enticer what actions have been taken to remedy the breach. Failure to comply may result in the Service(s) being suspended without additional warning.
   2. Any Service(s) that are found to be in breach of this policy that have caused issues and/or degradation of service for other Customers, will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach.
   3. Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach, and a $49.95 re-activation fee has been paid in full.
   4. Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach, will result in immediate suspension followed by an email advising that the Service(s) must be moved to another provider immediately. Tech Enticer will supply the Customer with a backup archive of their files if available, and termination of the service will occur within seven (7) days. If the Customer does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.
   5. Suspension advisory emails (as detailed in 9.1 to 9.4) will be sent to the nominated account holder email address, and the Customer warrants that, in line with the Customer Agreement, this address will be kept current and up to. We recommend using an externally hosted email address to ensure continued delivery of important service information and notifications.
   6. The Customer will be solely liable for any fees or charges that are paid by Tech Enticer to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy.
   7. As per section the Customer Agreement, the Customer will not be entitled to a refund if any of Tech Enticer's Terms, Policies and Agreements have been breached.
10. Changes
    1. Tech Enticer may amend our Acceptable Use Policy at any time. At all times Tech Enticer will make available the current terms for client review and download via our website. Changes to this agreement other than price changes will become effective upon their publication to our website, and furthermore, continued use of the Service(s) constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Service(s) in-line with our Cancellation Policy which is contained within our Customer Agreement.
    2. All Tech Enticer Terms, Policies and Agreements are available for download from our website at any time.

If you have any questions about this agreement, please contact our Customer Care team at info@techenticer.com

This document was last updated on 15th October 2020.