• About Us
• Contact Us
• Locations
• Terms of Service

Terms and Conditions Of Service

1. Agreement

This agreement represents the complete agreement and understanding between Ultima Hosts (ABN: 28 566 590 804) and it’s Customer, and supersedes any other written or oral agreement. Please read the following terms and conditions carefully since they govern your use of Ultima Hosts network and servers. By accessing this network and any of the equipment therein, you agree to be bound by the terms and conditions below.


2. Acceptable Use Policy (AUP)

Ultima Hosts services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any International Agreement or Australian regulation is prohibited.

A. Customer agrees not to allow Ultima Hosts equipment and services to be used for activities specifically prohibited by the Acceptable Use Policy (AUP). It is the Customer's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Customer's responsibility to regularly check for updates at: URL: http://www.ultimahosts.net.au/tos.aspx . Customers must not allow Ultima Hosts resources to be used for:

- Any criminal or illegal activity
- No phishing Websites
- Unlicensed distribution of copyrighted materials
- Material that is defamatory or threatening
- Customer shall not engage in SPAM (distribution of unsolicited emails)
- Hacking, network scanning
- Child pornography, Animal Abuse
- Virus distribution
- Any Other Notified (in writing) Disallowed Service/s as specified by Ultima Hosts


Ultima Hosts will be the sole arbiter as to what constitutes a violation of these content provisions. Content which is deemed not within the AUP will be removed without prior notice to the Subscriber, and may result in the Subscriber's account being suspended.

B. Customer agrees to compensate Ultima Hosts for any expenses Ultima Hosts may incur resulting from Customer's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 inc. GST per hour during normal business operating hours. Emergency investigations are charged at $199 inc. GST per hour with a one hour minimum.

C. Customer is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Ultima Hosts will endeavor to assist Customer but Ultima Hosts is not responsible for protecting Customers from hackers and their actions and use of Customer's server/s.

D. Ultima Hosts does not issue refunds for terminated service due to suspected AUP violations.

3. Service Level Agreement (SLA)

Ultima Hosts is committed to provide a reliable, high quality network to support our customers worldwide. Delivering consistent access to your data and equipment is a high priority for us and is part of the reason we offer a SLA.

A. Network & Power availability: Ultima Hosts guarantees to maintain Internet and AC Power connectivity to the hosted equipment no less than 99.9% of the time in a given calendar month (43.20 minutes of unscheduled downtime per month), excluding scheduled maintenance. Ultima Hosts will credit the customer 1/30th of the monthly fee for every hour the Network is down, not to exceed 50% of their base monthly fee.

B. Hardware Guarantee: Ultima Hosts guarantees the functioning of all managed and leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 4 hours from the problem identification. Managed Hardware components are defined as processors, RAM, hard disk(s), NIC, switches, routers, firewalls, and other related hardware included under the ownership of Ultima Hosts.

C. Exceptions: Customer will not receive any credits under this SLA in connection with any failure or deficiency of the Data Center LAN SLA caused by or associated with:
Circumstances beyond Ultima Hosts reasonable control, including, without limitation:
Acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus infection, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
Outages elsewhere on the Internet that prevent access to an account. This SLA applies only to those areas under the direct control of Ultima Hosts, including links to the Internet and Ultima Hosts routers. Degradation of service due to high packet loss or similar conditions, which may be indicative of the Internet as a whole;
Server hardware failure; (refer to hardware and/or web site SLA) Failure of access circuits to the Ultima Hosts Network, unless such failure is caused solely by Ultima Hosts;
Scheduled maintenance and emergency maintenance and upgrades;
DNS (Domain Name Server) issues outside the direct control of Ultima Hosts;
Issues with FTP, POP, IMAP, or SMTP customer access;
False outages reported as a result of any Ultima Hosts measurement system problems or errors. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.);
Any negligence, willful misconduct, or use of the Services in breach of Ultima Hosts Terms and Conditions and Acceptable Use Policy by the Customer or other users.

4. Privacy Policy

Your personal and corporate data is not disclosed, sold or shared with any other organisations unless the Australian government request it. All information disclosed by either party (‘Disclosing Party’) to the other party (‘Receiving Party’), if disclosed in writing, labeled as proprietary or confidential, or if disclosed orally and reduced to writing within thirty (30) days and labeled as proprietary or confidential, shall remain the sole property of the Disclosing Party. Except for the specific rights granted by this Agreement, the Receiving Party shall not use any confidential information of the Disclosing Party for its own account. The Receiving Party shall use the highest commercially reasonable degree of care to protect the Disclosing Party’s confidential information. The Receiving Party shall not disclose confidential information to any third party without the express written consent of the Disclosing Party (except solely for the Receiving Party’s internal business needs, and to the employees or consultants who are bound by a written agreement with the Receiving Party to maintain confidentiality of such confidential information in a manner consistent with this Agreement). Confidential information shall exclude information: (i) available to the public other than by a breach of this Agreement, (ii) rightfully received from a third party not in breach of an obligation of confidentiality, (iii) independently developed by the Receiving Party without access to the confidential information, (iv) known to the Receiving Party at the time of disclosure, or (v) produced in compliance with applicable law or a court order, providing the Disclosing Party is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production. Subject to the above, the Receiving Party agrees to cease using any or all material embodying confidential information and to promptly return to it to the Disclosing Party and/or destroy such materials upon request.

5. Payment and Terms

Customer shall pay the initial fees set forth by Ultima Hosts, prior to the commencement of service. Thereafter, Customer's account shall be automatically renewed upon expiration and its credit card charged, or other payment received, in advance for the next service period on the day of expiration. Late fees may be applicable for deferred payments which exceed the Specified Due Date of Payment. In the event that Customer shall fail to pay for such services in advance of, for that service period, Ultima Hosts is entitled to unilaterally terminate this agreement and discontinue the service provided to the Customer or the applicable account for which payment has not been received. Any service disconnection or suspension requires a $25 inc. GST reinstatement fee.

6. Refunds

If a Refund is granted it will apply for complete months only, with the exception of plans including a 30-day money-back guarantee. Dedicated servers are not eligible for a 30-day money back guarantee. Notice of intent to cancel account must be given prior to the commencement of the month in question, and at least ten days prior to the billing date. Setup fees are non-refundable. Accounts terminated due to a violation of these Terms of Service are not eligible for refunds.

7. Service Termination

A Service Contract can only be terminated:
(i) on at least 30 days notice by either party given after the Minimum Term has expired for that Service; or
(ii) in accordance to Sections (2) or (5). The Customer may choose to terminate any service contract at any time by: (i) giving at least 30 days notice to Ultima Hosts;
(ii) paying all fees accrued of that service up to the point of termination; and (iii) paying any service fees that would have been payable between the date of termination and the end of its minimum term if the service contract had not been terminated.

8. Limitation of Liability

To the maximum extent permitted by law, Ultima Hosts liability for all claims, actions, costs, losses, damages and other liabilities arising out of or in connection with this agreement (including the relationship established by this agreement or any conduct under it) whether in contract or in tort including negligence, shall be limited to the amount of fees paid by the client to Ultima Hosts under this agreement. In no event shall Ultima Hosts be liable for any loss of data, loss of profits, cost of cover or other special, incidental, consequential or indirect damages arising out of or in relation to this agreement or the provision or use of the services, howsoever caused and regardless of the theory of liability or form of action, whether in contract or tort including negligence. This limitation will apply even if Ultima Hosts has been advised or is aware of the possibility of such damages.

9. Applicable Jurisdiction

This Service Contract & any Services Agreement is governed by the law of Victoria, (Australia). Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.