1.1. For the purposes of this agreement the words “Attained”, “We”, “Our” and “Us” refer to CLOUDHIGHWAY PTY LTD ABN 15 605 591 937, and “Site” to materials delivered on www.attained.com.au.
1.2. “Subscriber” means the person or entity who placed the order for our services.
1.3. Copyright in the content and trademarks on this Site are owned by CLOUDHIGHWAY PTY LTD ABN 15 605 591 937, unless otherwise indicated and you agree not to infringe any intellectual property rights owned by CLOUDHIGHWAY PTY LTD.
2. Terms of Service
2.1. Attained general policy is to act as a neutral provider of access to the global Internet. Attained reserves the right to suspend or cancel a Subscribers access to any or all services provided by Attained when Attained decides that the account has been used inappropriately.
2.2. All provisions of this agreement are subject to the Terms of Service (TOS) and Acceptable Use Policy (AUP) of Attained. The TOS and/or AUP may be changed from time to time at the discretion of Attained, and such modifications shall be effective immediately upon posting the modified agreement on the Site.
2.3. Attained agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS). Submitting an order for Attained’s services constitutes acceptance and agreement to Attained’s TOS, as well as Attained’s AUP.
2.4. Attained reserves the right to refuse orders from Subscribers, at the sole discretion of Attained management.
3.1. The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that Attained may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Attained maintains the right to terminate all services set forth in this Agreement.
4. Service Rates and Promotional Offers
4.1. The Subscriber acknowledges that the nature of the service delivered and the initial rates and charges have been communicated to the Subscriber. The Subscriber is aware that Attained may prospectively change the specified rates and charges from time to time.
4.2. All promotional offers are contingent upon Attained achieving and maintaining its cost of service goals including, but not limited to, rates charged to Attained by its suppliers.
4.3. A Attained promotional offer will not be applied to a domain name registration or transfer, unless the promotional offer specifically states that the offer is for a domain name registration or transfer.
4.4. All promotional offers advertised on the Attained website are available to new customers only. From time to time, Attained will offer discounts to existing customers via the Attained Newsletter.
4.5. All published prices are inclusive of any government taxes and charges unless otherwise noted.
5.1. Establishment of this service is dependent upon receipt by Attained of payment of stated charges. Subsequent payments are due on the anniversary date of the Subscribers service.
5.2. Fees for Services ordered by the Subscriber shall begin on the date of the initial order and shall be prorated to include all days until the Subscribers anniversary date.
5.3. Fees are due in advance of the billing cycle and will be invoiced to the Subscriber fourteen (14) days prior to the due date.
5.4. If a credit card is stored on the account, it will be charged 5 days before the invoice due date to allow time for any potential issues to be rectified before the due date.
5.5. The Subscriber is responsible for all outstanding charges on the account.
5.6. All invoices will be sent directly to the Subscriber via e-mail and will be deemed to have been delivered if no bounce back is received.
5.7. Attained reserves the right to automatically settle the Subscribers due invoices immediately using the Subscribers account credit where applicable.
5.8. The Subscriber acknowledges that Attained refuses the right to refund any credit remaining on the Subscribers account.
6. Late Payments and Fees
6.1. A subscribers service will be suspended if payment reaches seven (7) days past due.
6.2. All services which are not paid in full within fourteen (14) days of the due date will be automatically deleted from our servers.
6.3. If you desire to cancel your service, please follow the proper procedure to do this as outlined in this TOS.
6.4. If you desire to downgrade your service, a $29.99 administration fee may be charged for a downgrade request at Attained’s sole discretion. Additional fees may be payable for downgrades where manual work is required by Attained to process the downgrade request.
7.1. All refunds are subject to Attained’s management approval.
7.2. The Subscriber will not be entitled to a refund if any of Attained’s Terms, Policies and Agreements have been breached by the Subscriber.
8. Failure to Pay
8.1. Attained may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due.
9. Account Cancellation
9.1. All requests for cancelling of accounts and services must be made through the Origin Centre.
9.2. All services ordered by the Subscriber will be auto-renewed, unless the Subscriber has submitted a cancellation request via the procedure outlined in section 9.1. Renewal invoices are sent out fourteen (14) days prior to an expiring services due date, and the Subscriber has up until the point of the due date to cancel the service. If Attained does not receive the Subscribers cancellation request by the due date through the procedure outlined in section 9.1, we will auto-renew the Subscribers service to ensure it continues uninterrupted.
10. cPanel Migration Request
10.1. The cPanel Migration Request is available to Web Hosting, Email Hosting, Reseller Hosting, and VPS and VDS clients with Total Management.
10.2.1 The cPanel Migration Request must be submitted via the Subscribers Origin Centre account at the following form – cPanel Migration Request
10.2.2 The Subscriber acknowledges that Attained aims to initiate all cPanel account migrations within 4 business hours (AWST) of receiving the request via the link above.
10.2.3 The Subscriber acknowledges that all cPanel account migrations will occur between 9AM(AWST) and 5PM(AWST) unless stated otherwise by a Attained Representative.
10.2.4 The Subscriber acknowledges that Attained does not guarantee the time in which the cPanel Account Migration will complete due to external factors such a network rate limits in place, and resource limits in place by the Subscribers previous host.
10.3.1 Attained will migrate 1 existing cPanel account for each Web Hosting and Email service ordered with Attained.
10.3.2 Attained will migrate a maximum of 10 existing cPanel accounts for each Reseller Hosting service ordered with Attained.
10.3.3 Where a Subscriber has ordered a VPS or VDS with Total Management, Attained will migrate a maximum of 20 existing cPanel accounts per calendar month. Additional cPanel Account Migrations will be charged at a rate of $5 for each additional cPanel account to be migrated.
10.4. The Free cPanel Migration offered by Attained to Subscribers with a Web Hosting, Email Hosting and Reseller Hosting service does not include a migration from non-cPanel control panels such as Plesk, or custom control panels. All non-cPanel migrations are charged at a $29.99 flat fee per account.
11. Nightly Backups and Data Management
11.1. Attained will make their best effort to perform a backup of all Web Hosting, Email Hosting, Managed WordPress Hosting, Magento Hosting and Reseller Hosting accounts each night. Backups are stored onto our offsite backup servers in Perth, Australia.
11.2. A Subscriber can request a backup restore for their service by lodging an e-Ticket to the Attained Support Department. A $49.99 flat rate applies for each service backup restore.
11.3. It is the responsibility of the Subscriber to maintain a recent copy of all data stored on the Subscribers Attained service at all times. Attained shall not be liable for corrupt, incomplete or otherwise insufficient data recovered from our backups.
12. Domain Name Registration and Renewal
12.1. The Subscriber acknowledges that all domain name service(s) are non-refundable once the order for the domain name service(s) has been accepted and processed by Attained.
12.2. Attained does not guarantee that a domain name registration or domain name renewal will be approved, irrespective of whether the invoice for the domain name has been paid. The Subscriber will be notified via email by Attained that the domain name(s) has been successfully registered and is in the Subscribers name.
12.3. The Subscriber acknowledges that Attained is not obligated to renew a domain name if the Subscriber has not confirmed to Attained that the domain name is to be renewed, or the invoice for renewal has not been paid in full. Attained will not be held liable by the Subscriber for any loss or damages.
12.4. The subscriber agrees that Attained reserves the right to renew the Subscribers domain name(s) automatically unless the Subscriber has lodged a cancellation request for the domain name through the Origin Centre.
12.5. It is the Subscriber’s responsibility to ensure that the Admin, Technical and Billing contact information is kept up to date on every domain name. As per registry-registrar policy and agreements, Attained will use this information to advise the Customer of any pending expiry, renewal or transfer requests.
13. Virtual Server Management
13.1. Not all third party applications can be supported by Attained hardware. Attained does not guarantee support for any third party application installed on Attained hardware.
14. Offsite Backups
14.1. Attained do not maintain any back ups of VDS services unless an Offsite Backup Service Plan is purchased by the subscriber. Attained strongly recommends that the Subscriber maintains their own independent offsite backups at regular intervals, regardless of whether the subscriber has purchased an Offsite Backup Service Plan or no Offsite Backup Service Plan has been purchased.
14.2. Attained takes no responsibility for any data loss experienced in any circumstances, regardless of whether the subscriber has purchased a Total Management Plan or no Management Plan has been purchased.
14.3. When purchasing the Attained Total Management Plan, subscribers can manage their own backups and restore data from our R1Soft control panel. Attained does not guarantee the integrity of the data which is being backed up, and does not guarantee that the data will be in a restorable state. Backups are stored onto our offsite backup servers in Perth, Australia.
15. Emails to the Subscriber
15.1. The Subscriber agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from Attained to the email address registered to their account. The Subscriber can unsubscribe from marketing and promotional emails only, by clicking the “Unsubscribe” link in one of these emails.
15.2. If the Subscriber does not want to receive emails relating to the Service(s) provided, they are required to cancel all active Services and close their Account.
16. Managed WordPress Hosting
16.1. The Subscriber agrees to notify Attained at the time of initial registration, or before the first scheduled update if their site has any modified core files, or modified files of a WordPress plugin.
16.2. The Subscriber acknowledges that Attained will use their best efforts to ensure that the Subscribers WordPress themes and plugins are updated in a timely manner. This may involve Attained accessing the Subscribers WordPress admin area.
16.3. The Subscriber agrees that the Managed WordPress Hosting service aims to keep the Subscribers core WordPress files, Plugins, and Theme(s), up to date. The Subscriber acknowledges that Attained will not be held liable for the Subscribers website being unavailable, or displaying errors, due to updates to the Subscribers WordPress core files, WordPress plugins, or WordPress Theme files.
16.4. The Subscriber agrees that Attained will only update plugins and themes that are able to be updated via the Subscribers WordPress admin area. Attained will not update any plugins or themes that are required to be updated by downloading a new version directly from the developer.
16.5. The Subscriber agrees that the Managed WordPress Hosting service does not cover Support for the modification of any website source code or other website files.
16.6. The Subscriber agrees that Attained cannot guarantee absolute security of the Subscribers website. In the event that a Subscribers website becomes compromised, Attained will use their best efforts to restore the website to the last known secure point.
16.7. The Subscriber agrees that they will not exceed the WordPress Website limit that is stated for each plan at www.Attained.com.au. In the event that this limit is exceeded by the Subscriber, Attained will remove all additional WordPress websites until the Subscriber’s account remains within the advertised limit.
17. Attained DIY Website Builder
17.1. Except for the content provided by you, the websites created by Attained, and all such websites (including all copies thereof) are subject to copyright, trademark, patent, and other intellectual property laws of Australia and foreign countries.
17.3. The Subscriber agrees that all website content must be added to website by the Subscriber. Attained may do this for an additional charge, if requested by the Subscriber.
18. Service Interruption
18.1. The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that Attained shall not be liable for any damages arising from such loss of service for any reason.
18.2. The Subscriber agrees that Attained will not be held liable for disruption to the Subscribers website as a result of the Subscribers website displaying errors.
18.3. In no event shall Attained be liable for any special or consequential damages, loss or injury.
19. Support Boundaries
19.1. Attained provides support to the Subscriber. Attained only ensures that the service is online and is remotely accessible. Attained does not offer technical support for application specific issues such as CGI programming, HTML or any other such issue.
19.2. Attained does not provide technical support for YOUR customers. If you need to contact the support team, we encourage you to use our Ticketing System, which can be found on the Contact Us page of our web site.
20. SPAM and Unsolicited Commercial Email (UCE)
20.1. Attained takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that the Subscriber may not use or permit others to use our network to transact in UCE. The Subscriber may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
20.2. Violation of Attained’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Attained will initiate an immediate investigation (within 48 hours of notification). During the investigation, Attained may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, Attained may, at its sole discretion, restrict, suspend or terminate the Subscriber’s account. Further, Attained reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Attained will notify law enforcement officials if the violation is believed to be a criminal offense.
20.3. As our Subscribers are ultimately responsible for the actions of their clients over the network, it is advisable that Subscribers develop a similar, or stricter, policy for their clients.
20.4. Any Subcriber hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The service will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed.
20.4.1 Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
21.1. IP Address Ownership: If Attained assigns the Subscriber an Internet Protocol address for the Subcriber’s use, the right to use that Internet Protocol address shall belong only to Attained, and the Subscriber shall have no right to use that Internet Protocol address except as permitted by in its sole discretion in connection with the Services.
21.2. During the term of this Agreement Attained shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Subscriber, and reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
21.3. Our allocation of IP addresses is limited by APNIC’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible.
21.4. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
21.5. Bandwidth Usage: Attained will monitor the Subscriber’s bandwidth. Attained shall have the right to take corrective action if the Subscriber’s usage negatively impacts other clients.
21.6. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Network. Violations of system or network security may result in civil or criminal liability. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: A. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. B. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. C. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”. D. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. E. Taking any action in order to obtain services to which such User is not entitled.
22. Notification of Violation
22.1. Attained is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
22.2. First violation: Any User, which determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Attained’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
22.3. Second Violation: Users that determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
22.4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
23. Suspension of Service or Cancellation
23.1. Attained reserves the right to suspend network access to any Subscriber if in the judgement of the network administrators the Subscriber’s service is the source or target of the violation of any of the other terms of the AUP or for any other reason which Attained chooses.
23.2. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber’s service is suspended.
23.3. Attained reserves the right to immediately suspend the service of a Subscriber without notice if, in the judgement of the network administrators, the Subscriber’s service is using excessive resources. A service is deemed to be using excessive resources when the Subscribers service is causing a negative effect on other Subscribers services, or using more resources then what is deemed reasonable by Attaineds network administrators. The Subscriber will not be credited for the time the Subscriber’s service is suspended.
23.4. If the Subscribers service is suspended, terminated or cancelled for any reason, Attained is under no obligation to provide the Subscriber with a copy of any data associated with the service. Attained may provide the Subscriber with a backup of the data, if it is available, for a fee of $99.99.
24.1. Attained wishes to emphasize that in agreeing to the Attained AUP and ToS, the subscriber indemnifies Attained for any violation of the AUP and ToS that results in loss to Attained or the bringing of any claim against Attained by any third-party. This means that if Attained is sued because of a subscriber’s, or a customer of a subscriber’s activity, the subscriber will pay any damages awarded against Attained, plus all costs and attorney’s fees.
25. Miscellaneous Provisions
25.1. You must provide us with, and keep current, good contact information for your E-mail, fax, and telephone contacts. These contacts are used, in that order of preference, by Attained as a point of contact for the Subscriber.
25.2. A waiver by Attained of any breach, of any provision, of this agreement by the Subscriber shall not operate as, or be construed as, a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
25.3. The Subscriber shall not transfer or assign this agreement without the prior written consent of Attained. Attained may assign this agreement at anytime without consent from or notice to the Subscriber. Attained reserves right to cancel the Subscribers rights under this contract at anytime without further obligation.
25.4. Attained takes no responsibility for any material input by others and not posted to the Attained Network by Attained. Attained is not responsible for the content of any other websites linked to the Attained Network; links are provided as Internet navigation tools only. Attained disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or entity’s violation of this policy.
25.5. Attained is not responsible for any damages your business may suffer. Attained does not make implied or written warranties for any of our services. Attained denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Attained.
26. Responsibility for Content
26.1. You, as the Subscriber, are solely responsible for the content stored on and served by your Attained account.
26.2. We recommend that all Subscribers back up the data stored on their Attained account at regular intervals, regardless of whether the Subscriber has purchased a back up service from Attained or not.
27. Governing Laws
27.1. The agreement between you and Attained shall be governed in all respects by the laws of Western Australia, Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.
27.2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section. If you have any questions or comments regarding our Terms of Service, then please contact our Sales Department.