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Terms of Service


  1. Definitions

    1. “BYBO” means Build Your Business Online of 2/28 Ash Street, Soldiers Point New South Wales, Australia.
    2. “Customer” means the person or entity who ordered our services.
    3. “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 hosting accounts and a connection to and from the internet for web, email and FTP services to function at the level specified in the chosen service level. These product(s) and service(s) are identified in full within the attached document ‘______________________’ (a copy of Terms of Service and a document outlining the service you have opted for will be emailed to you). The specific details of the Services can be found by logging in to our website here for hosting http://www.bybo.com.au/website-hosting-services/ and here for maintenance http://www.bybo.com.au/website-maintenance-services/  .
  2. Acceptance

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

    1. The Customer agrees to a month to month contract term for Services unless otherwise stated in the product or service offering (eg domain names, SSL, hosting services with an agreed term) or otherwise agreed in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.
    2. Monthly services are established as part, thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.


  1. Service, Marketing and Promotional Emails

    1. The Customer agrees to receive Service emails from BYBO to the email address registered to their account.
    2. Email from BYBO to the Customer in regard to a Service, such as invoicing and other notices, will be sent from contact@bybo.com.au  and should always be read by Customer as they will always contain important information.
    3. If the Customer does not want to receive Service emails, they are required to close their account and any Service associated with the account, in accordance with Section 11 of this policy.
    4. The Customer may choose to opt-in to receive Marketing and Promotional emails from BYBO. This can be controlled by the Customer in VIPControl. The Customer may opt-out of these emails at any time.
    5. BYBO warrants that they will never sell or trade any email address to any third party, in accordance with the Privacy Policy.


  1. Availability of Services

    1. While BYBO will endeavour to provide continuous availability of all Services to the Customer, BYBO will not be liable for any service interruptions or downtime.
    2. Scheduled maintenance will be performed at times which is deemed suitable by BYBO, and should it require the Services to be offline for greater than thirty (30) minutes BYBO will post details of the scheduled maintenance at least two (2) days prior.
    3. Unscheduled maintenance will be performed as required by BYBO, and should the Services be offline for greater than thirty (30) minutes BYBO will post details of the maintenance and any updates until it has been completed. Details of these events can been found at http://status.ventraip.com.au


  1. Limitation of Liability

    1. BYBO shall not be liable to the Customer for harm caused by or related to Customer’s Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.
    2. Neither Party shall be liable to the other 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.
    3. Notwithstanding anything else in this agreement, the maximum aggregate liability of BYBO, any of its employees, agents or affiliates, under any theory of law shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
  1. Customer General Warranties and Undertakings

    1. The Customer warrants that any information supplied for the purpose of creating an account with BYBO, including but not limited to, first name, last name, address, telephone number and email address is true and correct, and will be kept up to date by sending an email to BYBO contact@bybo.com.au
    2. The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location.
    3. The Customer warrants that they hold and will continue to hold the copyright for data stored on BYBO’s servers, or that they are licensed and will continue to be licensed to use that data.
    4. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by BYBO which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by BYBO.
    5. The Customer warrants that all due care has been taken to ensure data integrity on BYBO’s servers. This includes an undertaking that the Customer will conduct computer virus scanning and other tests as necessary to ensure data uploaded by the Customer on to or downloaded by the Customer from the server does not contain any computer virus and will not in any way corrupt the data or systems of any person.
    6. The Customer agrees that they are solely responsible for dealing with anyone who accesses their data, and that you will not refer complaints or inquiries in relation to such access to BYBO.
  1. BYBO General Warranties and Undertakings

    1. BYBO accepts liability for the supply of the Service to the Customer to the extent provided in this agreement.
    2. BYBO does not warrant that:
      1. The Services provided within this agreement will be uninterrupted or error free;
      2. The Services will meet your requirements, other than as expressly set out in this agreement;
      3. The Services will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service or internal BYBO systems.
    3. BYBO 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, with respect to any goods or services provided under or incidental to this agreement.
    4. No oral or written information or advice given by BYBO or its resellers, agents, representatives or employees, to the Customer, shall create a warranty or in any way increase the scope of the express warranties hereby given, and the Customer should not rely on any such information or advice.
    5. In no event will BYBO be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
  1. Fees and Credit Management

    1. In relation to fees for Services:
      1. Fees for Services ordered by the Customer shall begin on the date of the initial order and shall be pro-rated to include all days until the first day of the next month, and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.
      2. The first day of the month will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service only allows annual or biennially billing cycles (eg. domain name registrations, SSL, etc).
      3. Fees are due in advance of the billing cycle and will be invoiced to the Customer seven (7) days prior to the due date. If a credit card is stored on file, it will be charged three (3) days prior to the due date, to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
    2. In relation to fees for upgrades to Services:
      1. 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 Services only allows annual or biennially billing cycles (eg. domain name registrations, etc).
      2. Upgrades ordered by the Customer after the billing anniversary date will be pro-rated to the next anniversary date at the full monthly costs. Future fees will appear as the new plan from your existing anniversary billing date.
      3. Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If a credit card is stored on file, it will be charged three (3) days prior to the due date, to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
      4. Additional fees may be payable for upgrades where manual work is required by BYBO to process the upgrade request (eg. shared hosting to dedicated hosting, inter-server transfers, etc).
    3. In relation to fees for downgrades to Services:
      1. Downgrades will be processed when the request is received by BYBO from the Customer, unless otherwise specified in the request.
      2. A 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 pro-rated on the chosen cycle.
      3. Additional fees may be payable for downgrades where manual work is required by BYBO to process the downgrade request (eg. reseller hosting to shared hosting, intercontinental transfers, inter-server transfers, etc).
    4. Any fees paid for the setup or establishment of any Services will be automatically deemed as non- refundable.
    5. Fees for one-off Services including, but not limited to, SSL certificates, are due within seven (7) of the invoice being issued and are non-refundable.
    6. All published prices are inclusive of any government taxes and charges, unless otherwise noted.
    7. The speed of provisioning new Services is reliant upon the Customer having paid any and all outstanding fees in full.
    8. 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.
    9. Accounts that are more than three (3) days past the due date will automatically attract an overdue fee of $8.95 which will be payable on top of the invoice amount.
    10. Accounts that are more than seven (7) days past the due date will be automatically suspended, and a reconnection fee of $9.95 in additional to any outstanding fees may apply to have the service restored.
    11. Accounts which are not paid in full within fourteen (14) days of the due date will be automatically deleted from our servers.
  1. Suspension and Termination of Services

    1. BYBO may suspend or terminate Services if:
      1. The Customer is found to be in breach of any formal policy including but not limited to these Terms of Services and Acceptable Use Policy or any applicable Registrant Agreement;
      2. The Customer has become insolvent or bankrupt;
      3. The Customer has outstanding fees that are more than seven (7) or fourteen (14) days respectively, past the due date;
    2. BYBO may decide at its sole discretion to advise a Customer that their service will be terminated by giving thirty (30) days written notice. In this circumstance, BYBO will refund any pre-paid fees for Services on the account.
    3. If a Customer’s account is closed for any reason, the Customer must pay all outstanding charges by the due dates.
    4. BYBO is under no obligation to provide the Customer with a copy of the data stored on our servers if BYBO has suspended or terminated access to the service for any breach of terms 11.1 “a” through “c” of this agreement. In this circumstance, a copy of the data may be provided to the Customer for an additional fee.
  1. Cancellation

    1. The Customer can request cancellation of any Service with us for any reason by logging in to VIPControl and submitting a secure cancellation request. For account security reasons, we will not accept cancellation requests by any other method.
    2. Any pre-paid fees for Services past the current billing month will be refunded, except the Services that are not eligible for a refund (eg SSL certificates, web hosting services that specify “no refund” on the plan page, etc).
    3. The Customer agrees to pay any and all outstanding fees upon cancellation of their Services.
    4. Cancellation requests must be received by BYBO four (4) days before the package renewal date. If cancellation is not received before this time, package renewal costs generated for the next period of time will remain outstanding or an administration fee of $9.95 may apply (whichever is the lesser value).
  1. Data Management

    1. BYBO will backup and archive the Customer’s data on a regular basis for the purpose of disaster recovery.
    2. In the event of hard disk failure or data corruption, BYBO will restore data from the last known verified archive.
    3. If all backup and archived data appear to be corrupt, the Customer should be prepared to upload the data to their account from a local copy, and setup all mailboxes and FTP accounts.
    4. The Customer should always maintain a recent copy of all data at all times, as BYBO will not be liable for incomplete, out of date, corrupt or otherwise incomplete data recovered from our backups and archives.
    5. BYBO takes automatic system backups of all web hosting packages once a week.
  1. Changes

    1. BYBO may amend the Terms of Service at any time. Should any change occur, we will advise the Customer by email and note the specific changes which have occurred, and provide fourteen (14) days’ notice before any changes are enforced.
    2. In exceptional circumstances, BYBO Management may be required to amend the Terms of Service and enforce the amendments immediately. If this is the case, the Customer will be advised by email and the circumstances will be explained.
    3. Our Terms of Service are made available online for viewing at http://www.bybo.com.au/
  1. Use of Identity

    1. The Customer agrees to use the BYBO logo, company information and related services in accordance with approved marketing guidelines.
    2. BYBO agrees not to use a Customer name, logos or information without prior written consent of the Customer.
  1. Entire Agreement

    1. These terms and conditions constitute the entire agreement between BYBO and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.
  1. Governing Law

    1. The Customer agrees to abide by all local, state and federal laws pursuant to the Services delivered by BYBO.
    2. The Customer agrees that these terms and conditions are governed by the laws of New South Wales, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.


Acceptable Use Policy

  1. Definitions

  1. “BYBO” means Build Your Business Online 2/28 Ash Street, Soldiers Point New South Wales, Australia.
  2. “Customer” means the person or entity who ordered our services.
  3. “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 reseller hosting accounts and a connection to and from the internet for web, email and FTP services to function at the level specified in the chosen service level. These product(s) and service(s) are identified in full within the “Confirmation” emails BYBO has sent after your request for service. The specific details of the Services can be found by logging in to our website.
  1. Acceptance

    1. The Customer signified acceptance of these Terms of Service, as well as our Privacy Policy and Acceptable Use Policy and any applicable Registrant Agreement, when they submitted their order to BYBO for Services, and that order was accepted.
    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.
  1. Unacceptable Content and Material

    1. The Customer may not publish, transmit, distribute or store any content or material on BYBO’s servers or network that BYBO 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. 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 firearms trafficking;
      13. Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or to BYBO;
      14. Is otherwise malicious, fraudulent, or may result in retaliation against BYBO by offended viewers.
  1. Prohibited Use

    1. Web hosting accounts may not be used as a backup or storage device.
    2. No Service may be used for any activity that is considered illegal or unacceptable, examples include:
      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. Sites promoting illegal activities;
      10. Any game servers (such as Counter Strike, Half Life, etc);
      11. Any other purpose that BYBO Management have deemed as unacceptable.
  1. Security

    1. The Customer agrees to make all reasonable efforts to keep their website secure.
    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.
    3. The Customer warrants that their account 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 permissions set correctly. If you are unsure of what permissions should be set, please contact BYBO contact@bybo.com.au
  1. Excessive Resource Usage

    1. For all web hosting accounts, the Customer may not:
      1. Use more than 20% of system resources for longer than 120 seconds. There are a number of activities that could cause such load which include CGI and PHP scripts, FTP, HTTP, etc;
      2. Run any server-side or stand-alone processes or daemons;
      3. Run any bit torrent applications, trackers or clients;
      4. Run any web spiders of indexers;
      5. Run cron entries with intervals less than 15 minutes;
      6. Use PHP includes that call the full URL instead of a local file (eg include(http://domain.com/file.php) instead of using include(“file.php”));
    2. For all web hosting accounts, the Customer must request permission from BYBO and supply a valid reason before using any of the following commands in scripts or SSH:
      1. wget;
      2. rsync;
      3. tracert, traceroute or traceroute6;
      4. ping or ping6;
      5. mtr;
      6. lynx;
      7. ftp;
    3. BYBO reserves the right to suspend any account consuming excessive disk I/O or swap usage. Excessive is defined as placing undue load on the core node that degrades other users that may be on the same server.
    4. BYBO reserves the right to suspend any service utilising excessive network resources, and reserves the right to charge excessive usage fees for excessive usage.
    5. BYBO reserves the right to exclude any shared hosting Service from our daily, weekly and monthly backup rotation if the account size exceeds 5GB (5000MB) in size. If an account is excluded from the backup schedule, BYBO will notify the Customer via email.
  1. 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. BYBO assigns a limit of 500 outbound emails per domain per hour (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. 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.
    5. 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.
    6. The Customer warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list.
    7. The Customer warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003 (http://www.acma.gov.au).
  1. Non-compliance and Remedy

    1. Any Service(s) that are found to be in breach 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. Failure to comply will result in the Service(s) being suspended without additional warning.
    2. Any Service(s) that are found to be in breach this policy and have caused issues 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 $9.95 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 will not be unsuspended and the Customer will be advised to move the Service(s) to another provider. If the Customer does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.
    5. The Customer will be solely liable for any fees or charges that are paid by BYBO to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy.
  1. Changes

    1. BYBO may amend the Acceptable Use Policy at any time. Should any change occur, we will advise the Customer by email and note the specific changes which have occurred, and provide fourteen (14) days’ notice before any changes are enforced.
    2. In exceptional circumstances, BYBO Management may be required to amend the Acceptable Use Policy and enforce the amendments immediately. If this is the case, the Customer will be advised by email and the circumstances will be explained.
    3. Our Acceptable Use Policy is made available online for viewing at ADDRESS


Privacy Policy

The purpose of this policy is to set out how Build Your Business Online manages any information it collects from website visitors, customers and suppliers.
In summary, it is our policy to:

  • Only collect as much information as is required to provide you with a service and meet our legal obligations;
  • Store all collected information in a secure location;
  • Encrypt all sensitive information such as passwords and credit card numbers using best-practice encryption methods;
  • Provide access to the information by the owner as requested, or to a third party (such as law enforcement agencies) as it is required to do so by law;
  • Provide the owner with the tools to add, edit or remove the information we have collected;
  • Ensure all staff are engaged in binding agreements that protects the privacy of the information we collect;
  • Protect all transactions to and from our website(s) that transmit sensitive information using a minimum 128-bit Secure Socket Layer (SSL) certificate;
  • Protect all data to and from our internal systems to and from our staff by secure Virtual Private Network (VPN) connection;
  • Never sell or trade any information that has been collected without notifying the owner and allowing them to add, edit or remove the information we have collected.


Should you have any questions or concerns regarding our collection or use of your information and privacy, please contact us by sending an email to contact@bybo.com.au  or by phoning +61 2 4982 0031 during business hours.

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