1. About These Terms

These Terms of Service ("Terms") govern services supplied by LNS Web Hosting, ABN 57 679 004 824 ("LNS Web Hosting", "we", "us" or "our") to the person or entity receiving or using those services ("Customer", "you" or "your").

These Terms apply together with the service description, order, quotation or invoice applicable to the Service, the LNS Web Hosting Acceptable Use Policy, Anti-Spam Policy, Privacy Policy, and, where applicable, the Service Level Agreement (SLA). Any additional terms expressly stated for a particular product or service also form part of the agreement.

2. Acceptance and Accounts Created on a Customer's Behalf

These Terms apply whether a Service is ordered through our website or client portal, arranged by telephone or email, migrated from another provider, renewed, or established by LNS Web Hosting on a Customer's behalf at the Customer's request or with the Customer's authority.

A Customer may accept these Terms by expressly agreeing to them; requesting or authorising LNS Web Hosting to establish, transfer, renew or provide a Service; paying an invoice for a Service; using the Service; renewing the Service; or continuing to use the Service after being provided with, or given reasonable access to, the applicable Terms and policies.

Where LNS Web Hosting creates an account or Service on the Customer's behalf, the Customer will be provided with or directed to the applicable Terms and policies through onboarding, service activation, account, invoice or other service communications. Use of, payment for, renewal of, or continued use of the Service after that notice constitutes acceptance, subject to rights and obligations that cannot lawfully be excluded.

A person who orders, requests or manages a Service for an organisation represents that they are authorised to act for that organisation in relation to the Service.

3. Our Policies

Use of the Services is subject to the current LNS Web Hosting Acceptable Use Policy, Anti-Spam Policy and Privacy Policy. These policies are incorporated into these Terms by reference.

The Acceptable Use Policy deals with security, malware, phishing, attacks, prohibited content, excessive resource use and other misuse. The Anti-Spam Policy deals with unsolicited communications, mailing practices, compromised mailboxes, email sending controls and mail-system reputation. The Privacy Policy explains how LNS Web Hosting handles personal information.

Where a Service is expressly identified by LNS Web Hosting as SLA-eligible, the Service Level Agreement (SLA) also forms part of the agreement for that Service. The SLA sets out the applicable infrastructure availability commitment, exclusions, service credits and responsibility boundaries for eligible Services.

4. Services and Service Information

We will provide the Services described in the applicable order, quotation, invoice, service description or client portal. Features, resource allocations and technical specifications may differ between Services.

We may make reasonable technical or operational changes to a Service where required for security, reliability, supplier or platform changes, legal or regulatory compliance, or continued operation of the Service. Where a change materially affects a Customer's Service, we will provide reasonable notice where practicable.

5. Customer Information and Communications

You must provide accurate and current account, billing and contact information and keep it updated. You must maintain an email address and other contact details through which we can send service, billing, security, suspension and legal notices.

We recommend that the primary contact address is an email address hosted independently of the affected LNS Web Hosting Service so important notices can still be received if a hosted mailbox or Service is unavailable or suspended.

Service and account communications are operational communications and may be necessary for us to provide the Service. Marketing communications will be handled separately in accordance with applicable law.

6. Charges, Invoicing and Payment

Charges, billing periods and due dates are shown in the applicable order, quotation, invoice or client portal. Unless otherwise stated, Services are supplied on a prepaid basis.

You are responsible for paying invoices by their due date. If an amount remains overdue, LNS Web Hosting may issue reminders, restrict or suspend the affected Service, and ultimately terminate it after reasonable notice where appropriate. Immediate action may be taken where continued provision would create a security, fraud or operational risk.

Any late fee, reactivation fee, recovery charge or other administrative charge will only apply where it has been disclosed in the applicable pricing, invoice, service information or these Terms and is permitted by law.

Nothing in these Terms excludes any refund, remedy or other right that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

7. Renewals and Cancellation

Services may renew for successive billing periods where the Service is configured for renewal. Renewal invoices and notices may be sent to the Customer's nominated contact details.

A Customer may request cancellation through the client portal or another method accepted by LNS Web Hosting. Cancellation does not remove amounts already due for Services supplied, domain registrations, licences, third-party products or other non-recoverable commitments already incurred on the Customer's behalf.

Where a Service is cancelled or terminated, the Customer is responsible for obtaining any required data before the Service ends. Data may be deleted after termination in accordance with our normal retention and backup processes.

8. Domains

Domain registrations, renewals and transfers are subject to the rules and requirements of the applicable registry, registrar and naming authority. For .au domain names this includes the rules and policies of .au Domain Administration (auDA), as amended from time to time.

LNS Web Hosting may act as a reseller or intermediary for domain services supplied through an accredited registrar. Registration, transfer or renewal is not guaranteed until confirmed by the relevant registry or registrar.

The Customer is responsible for providing accurate registrant information, maintaining eligibility for a domain licence, reviewing applicable registrant terms, and keeping registration information current. Registry, registrar and naming-authority decisions may be outside LNS Web Hosting's control.

9. Customer Security Responsibilities

The Customer is responsible for maintaining reasonable security for its accounts, passwords, devices, websites, applications, scripts, plugins, themes, content and other systems that connect to or use the Services.

Customers must keep supported software reasonably up to date, use appropriate authentication and access controls, and promptly respond to security notices from LNS Web Hosting. Credentials must not be knowingly shared with unauthorised persons.

The Customer must notify LNS Web Hosting promptly if it knows or reasonably suspects that an account, mailbox, website, credential or Service has been compromised.

10. Compromised Accounts and Protective Action

Where LNS Web Hosting reasonably believes that an email account, hosting account, website, credential or other Service has been compromised, is being abused, or creates a material security, deliverability, reputation or operational risk, we may take reasonable and proportionate steps necessary to contain the risk.

Protective action may include temporarily restricting access; disabling outgoing email or SMTP; applying rate limits; suspending a mailbox, website or Service; resetting passwords or credentials; blocking malicious traffic; isolating or quarantining malicious files; disabling vulnerable applications or scripts; or taking other reasonable technical measures.

Where immediate action is reasonably necessary to protect the Customer, other customers, LNS Web Hosting systems, upstream providers or network and IP reputation, action may be taken before notice is given. We will notify the Customer as soon as reasonably practicable and provide reasonable information about the steps required to restore secure access.

A security incident does not need to have been intentionally caused by the Customer for protective action to be taken. For example, a compromised website or mailbox may require immediate containment even where the Customer is itself a victim of the compromise.

Protective action under this section is intended to secure the Service and infrastructure. It does not give LNS Web Hosting a general right to inspect the contents of a Customer's private communications except where access is reasonably necessary to provide requested support, investigate or contain an incident, comply with law, or where otherwise authorised.

11. Email Services, Spam and Sending Controls

The use of LNS Web Hosting Services for spam, phishing, abusive electronic communications or other prohibited messaging is governed by the LNS Web Hosting Anti-Spam Policy and applicable law.

LNS Web Hosting may apply or adjust email sending limits, rate limits and other controls to protect the security, stability, reputation and deliverability of its mail systems. Limits may vary between Services and may be changed where reasonably necessary to respond to spam, abuse, compromised accounts, unusual sending patterns, blocklisting or other risks.

Remaining below a technical sending limit does not, by itself, mean that sending activity complies with these Terms or the Anti-Spam Policy.

Where activity associated with a Customer's Service causes or materially contributes to blocklisting, reputation damage or restrictions imposed by an upstream network or mail provider, the Customer must cooperate with reasonable remediation steps. Reasonable third-party or specialist remediation costs attributable to the affected Service may be charged where disclosed to the Customer and permitted by law.

12. Acceptable Use

The Customer must use the Services lawfully and in accordance with the LNS Web Hosting Acceptable Use Policy. Prohibited activity includes, without limitation, malware distribution, phishing, credential theft, unauthorised access, network attacks, deliberate interference with systems, unlawful content, copyright infringement, and use that materially threatens the security or stability of the Services.

LNS Web Hosting may investigate suspected breaches and may restrict, isolate, suspend or terminate an affected Service where reasonably necessary, having regard to the seriousness and urgency of the issue.

13. Resource Usage

Shared and managed Services operate within finite server, storage, CPU, memory, database, network and other resources. Customers must not use a Service in a manner that materially degrades the Service for other customers or threatens platform stability.

LNS Web Hosting may apply reasonable technical controls, temporarily limit resource consumption, request remediation or recommend migration to a more suitable Service where sustained usage is inappropriate for the Service purchased. Detailed resource restrictions may be stated in the Acceptable Use Policy or applicable service description.

14. Backups and Customer Data

Unless a particular Service expressly includes a backup product or backup commitment, any backups maintained by LNS Web Hosting are primarily for operational or disaster-recovery purposes and are not a substitute for the Customer maintaining its own current, independent backup.

The Customer is responsible for maintaining appropriate backups of websites, databases, email and other important data. Backup availability, retention and restore capabilities can vary between Services.

We will take reasonable care in operating backup systems that form part of a purchased Service, but backups may fail, become incomplete or be unavailable. Nothing in this section excludes rights or remedies that cannot lawfully be excluded.

15. Availability, Maintenance and Service Levels

LNS Web Hosting will use reasonable care and skill in providing the Services. Services may be interrupted by scheduled or emergency maintenance, security events, upstream provider failures, internet routing issues, hardware or software faults, attacks, events outside our reasonable control, or other operational circumstances.

Unless expressly stated otherwise for a particular Service, no specific uptime percentage or service credit applies.

Eligible Virtual Private Server (VPS), dedicated server and other Services expressly identified by LNS Web Hosting as SLA-eligible may be covered by the LNS Web Hosting Service Level Agreement (SLA). The SLA defines the applicable infrastructure availability commitment, Qualifying Downtime, exclusions, service credits and the responsibilities applicable to Self-Managed and Managed Services.

The Service Level Agreement applies only to the Service and circumstances it expressly identifies. The existence of the SLA does not extend an uptime guarantee or service credit entitlement to a Service that is not identified as SLA-eligible.

16. Support

Support is provided for matters within the scope of the Service purchased. Work outside that scope, including third-party application repair, website development, malware remediation, data recovery or other professional services, may be chargeable where the Customer agrees to that work or charge.

We may require reasonable identity or authority verification before making account, billing, domain, DNS, mailbox or security changes.

17. Suspension and Termination

LNS Web Hosting may suspend, restrict or terminate a Service where reasonably necessary because:

• the Customer materially breaches these Terms or an incorporated policy;
• an invoice remains unpaid after applicable notice;
• the Service presents a security or abuse risk;
• the Service is compromised or is being used for spam, malware, phishing, attacks or unlawful activity;
• continued operation materially affects other customers or infrastructure;
• an upstream provider, registry, registrar, court, regulator or lawfully authorised body requires action; or
• the Customer fails to cooperate with reasonable steps necessary to resolve a serious security or abuse incident.

Where circumstances permit, we will provide notice and a reasonable opportunity to remedy a breach before termination. We may act immediately where delay would reasonably create or prolong a material security, legal, fraud, network, reputation or operational risk.

Suspension does not necessarily cancel amounts already due. Restoration may require the cause of the suspension to be remedied and reasonable security measures to be completed.

18. Law Enforcement and Legal Requests

LNS Web Hosting may preserve, disclose, restrict or otherwise deal with information or Services where reasonably required to comply with a valid legal obligation, court order, warrant, regulatory requirement or other lawful process.

Where legally permitted and reasonably practicable, we may notify the affected Customer. We are not required to notify a Customer where doing so is prohibited by law or would compromise a lawful investigation.

19. Third-Party Services and Suppliers

Some Services rely on third-party software, registries, registrars, data centres, networks, licensing providers or other suppliers. Their terms, technical limitations and availability may apply to those components.

LNS Web Hosting is not responsible for acts or failures of third parties that are outside our reasonable control, subject always to any rights and guarantees that cannot lawfully be excluded.

20. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other right or remedy that cannot lawfully be excluded, restricted or modified.

Where the Australian Consumer Law permits liability for a failure to comply with a guarantee to be limited, LNS Web Hosting's liability may be limited, at our option and to the extent permitted by law, to resupplying the relevant services or paying the reasonable cost of having the services supplied again.

21. Liability

To the maximum extent permitted by law, neither party will be liable to the other for indirect or consequential loss that was not reasonably foreseeable, except to the extent such liability cannot lawfully be excluded.

Any limitation or exclusion in these Terms is subject to the Australian Consumer Law and other applicable mandatory law. Nothing in these Terms limits liability where it would be unlawful to do so.

22. Indemnity

To the extent permitted by law, the Customer is responsible for loss, damage, liability or reasonable third-party claims caused by the Customer's unlawful use of the Services, infringement of third-party rights, or material breach of these Terms, but only to the extent caused or contributed to by the Customer or persons for whom the Customer is legally responsible.

This section does not require the Customer to indemnify LNS Web Hosting for loss caused by LNS Web Hosting's own negligence, wrongful act or breach of law.

23. Overseas Customers and Applicable Law

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the courts and tribunals having jurisdiction in New South Wales, subject to any mandatory law that applies and cannot lawfully be excluded.

Customers outside Australia are responsible for complying with laws applicable to their own activities, content, communications and use of the Services in the jurisdictions relevant to them.

LNS Web Hosting will comply with overseas laws to the extent those laws validly apply to LNS Web Hosting. Nothing in these Terms is intended to exclude mandatory rights that an overseas Customer has under a law that legally applies despite the governing-law clause.

24. Changes to These Terms and Policies

LNS Web Hosting may update these Terms or an incorporated policy to reflect changes in law, regulation, security requirements, technology, suppliers, products or reasonable business operations.

The current version will be published through the LNS Web Hosting website or client portal with a version or last-updated date. Where a change materially affects an existing Customer's rights or obligations, we will provide reasonable notice by email, client portal notice or another appropriate method where required or reasonably practicable.

Continued use or renewal of a Service after an updated version takes effect may constitute acceptance of the updated terms where permitted by law. Nothing in this section removes a Customer's rights under applicable law.

25. General

If a provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary or, if that is not possible, severed without affecting the remaining provisions.

A failure or delay by either party to enforce a right does not waive that right.

These Terms, the incorporated policies, applicable service description and the relevant order, quotation or invoice form the agreement for the Service, subject to any additional terms expressly agreed in writing. Where the Service is expressly identified as SLA-eligible, the Service Level Agreement (SLA) also forms part of that agreement.

26. Contact

Questions about these Terms may be directed to LNS Web Hosting using the contact details below.