Terms of Service (TOS)
1. Acceptance of Terms
By using our services, including web hosting, domain registration, web design, web development, SEO, marketing, or any other related services provided by Go Green Domains, you agree to the terms and conditions outlined in this Terms of Service agreement. These terms may be updated from time to time without prior notice, and it is your responsibility to review this page regularly.
Nothing in these Terms of Service excludes, restricts, or modifies any rights or guarantees provided to consumers under the **Australian Consumer Law** (ACL). Your rights under the ACL are in addition to any rights you may have under this agreement.
2. Service Level Agreement (SLA)
Go Green Domains aims to provide 99.9% uptime for its web hosting services. This uptime guarantee excludes scheduled maintenance, emergency maintenance, and downtime caused by external factors beyond Go Green Domains’ control, including but not limited to Distributed Denial of Service (DDoS) attacks, ISP outages, or natural disasters. While we strive for continuous service, Go Green Domains makes no guarantee of uninterrupted service and will not be held liable for any losses or damages due to service outages.
3. Intellectual Property Rights and Licensing
By utilizing Go Green Domains' services, you grant Go Green Domains and its affiliates a non-exclusive, royalty-free, worldwide, and perpetual license to use, modify, distribute, and display your content, including but not limited to website designs, text, images, code, databases, and data, for operational purposes and for Go Green Domains’ marketing and promotional efforts. This license extends to any materials submitted to our servers and applies regardless of ownership of copyright or other intellectual property rights.
You acknowledge that any intellectual property uploaded to Go Green Domains is done so at your own risk. Go Green Domains will not be responsible for any infringement claims or liabilities that arise from the use of client-submitted content. By submitting content to our platform, you warrant that you have the appropriate legal rights and permissions to do so.
4. Copyright, Trademarks, and Software Development
Go Green Domains respects the intellectual property rights of others and expects you to do the same. Any content found to be infringing upon the intellectual property rights of third parties may result in the termination of your account. You agree to indemnify Go Green Domains and its affiliates from any copyright, trademark, or intellectual property claims, damages, or legal fees that arise from your use of our services.
For web design and web development services, any custom-developed software, plugins, or code remains the intellectual property of Go Green Domains unless otherwise specified in a separate agreement. Go Green Domains grants you a non-exclusive, non-transferable license to use the software for the intended purpose. You may not redistribute, copy, or resell the software without prior written consent from Go Green Domains.
5. Third-Party Software and Licenses
Go Green Domains may provide third-party software and services as part of your hosting, web design, or SEO package. Any third-party software used is subject to its respective licensing agreements, and you are required to comply with those terms. Go Green Domains will not be liable for any issues arising from third-party software, including but not limited to compatibility issues, licensing disputes, or breaches.
6. Security and Data Protection
Go Green Domains takes security seriously and implements reasonable technical and organizational measures to protect your data. However, we do not guarantee that our systems are immune from unauthorized access, cyber-attacks, or data breaches. You are responsible for ensuring your passwords, user access, and sensitive information are protected. Go Green Domains is not liable for damages or losses arising from security breaches that occur through your account.
In the event of a security breach, Go Green Domains will take appropriate steps to notify affected clients and work to restore services. Clients are encouraged to back up their data regularly and take additional security measures, such as using strong passwords and enabling two-factor authentication where applicable.
7. SEO, Marketing, and Hosting Services for Competing Businesses
Go Green Domains provides web hosting, SEO, marketing, and promotional services to a wide range of clients, including businesses that may directly or indirectly compete with one another. By engaging Go Green Domains for any service, including hosting, web development, SEO, or marketing, you acknowledge and agree that Go Green Domains may offer similar services to competing businesses without any obligation to disclose such arrangements to you.
Go Green Domains will not be held liable for any perceived or actual conflicts of interest arising from providing SEO, marketing, or hosting services to your competitors. All clients are provided with equal access to our tools and resources, and Go Green Domains will not prioritize one client over another based on their industry or competition.
You agree to indemnify Go Green Domains and hold us harmless from any claims, damages, or losses arising from our provision of services to other businesses, including competitors. The ability of Go Green Domains to offer services to competitors does not breach any fiduciary duty, confidentiality, or exclusivity agreements unless explicitly agreed upon in writing.
8. Acceptable Use Policy (AUP)
You agree to use Go Green Domains' services for lawful purposes only. Prohibited activities include, but are not limited to, the hosting, promotion, or transmission of:
- Pirated or illegal content.
- Content related to hacking, cracking, or phishing.
- Content that exploits or abuses children.
- Malicious software (e.g., viruses, spyware, Trojans).
- Content that infringes intellectual property rights.
- Content that promotes violence, hate speech, or illegal activities.
9. Billing and Payment
All fees for services are due in advance and are non-refundable, except as required by the Australian Consumer Law (ACL). If a service fails to meet consumer guarantees, you may be entitled to a remedy, including a refund, repair, or replacement, in accordance with the ACL. Late payments may incur additional fees or interest charges. Any fees for litigation or legal action resulting from non-payment will be borne by the client. Clients are also responsible for any chargeback fees or administrative costs associated with failed payments or disputes over service charges.
10. Termination of Accounts and Service Cancellations
Go Green Domains reserves the right to suspend, terminate, or restrict your access to our services if you violate these Terms of Service, engage in illegal activity, fail to make payment, or engage in activities harmful to the integrity of our services. In the event of termination, we will endeavor to provide notice where reasonable, except where immediate termination is necessary.
Upon termination, all data, files, and content associated with your account may be immediately deleted. Clients are responsible for ensuring that they have a backup of their data before any termination of services occurs. You agree to indemnify Go Green Domains against any legal claims arising from data loss, downtime, or other disruptions caused by account termination or project cancellation.
11. Data Ownership and Backups
Clients are solely responsible for maintaining backups of all data hosted with Go Green Domains. While we may offer backup services, these are provided "as-is" without any guarantees. Go Green Domains will not be responsible for any loss of data. Clients are encouraged to maintain their own backups and ensure data redundancy for critical information, especially for web development projects involving databases and user-generated content.
12. Limitation of Liability
To the extent permitted by law, Go Green Domains limits its liability for any claims related to the services provided to the amount paid by you for the services. However, this limitation does not exclude or limit your rights under the Australian Consumer Law, including the rights to consumer guarantees that cannot be excluded. In no event shall Go Green Domains be liable for indirect, incidental, or consequential damages, including lost profits, data loss, or business interruptions, arising from the use or inability to use our services.
13. Conflicts of Interest
Go Green Domains strives to minimize conflicts of interest and will take reasonable steps to mitigate potential conflicts. Due to the nature of the industry, Go Green Domains may provide services to multiple clients, including those in competing industries. In such cases, clients will be required to sign a conflict waiver acknowledging that Go Green Domains may provide services to competitors and may employ subcontractors or independent consultants to handle projects on behalf of Go Green Domains to avoid direct conflicts of interest.
Go Green Domains commits to maintaining confidentiality and ensuring that each client's proprietary information remains secure and is not shared with competing businesses. This does not affect Go Green Domains' right to use third-party contractors or service providers for any of the services outlined in these Terms of Service.
14. Hosting and Web Design for Competing Businesses
Go Green Domains provides hosting, web design, SEO, and other services to businesses across a wide range of industries, including but not limited to electrical companies, plumbing companies, and other service-based businesses. Due to the nature of these industries, certain products, services, and content may have similarities across competing businesses. While Go Green Domains will make reasonable efforts to create unique content tailored to each client's specific products and services, some overlap in content may occur due to the shared nature of these industries.
Clients acknowledge and agree that:
- Go Green Domains may design, host, or provide services to other businesses, including direct competitors, without any obligation to disclose such relationships.
- Although Go Green Domains strives to create original and unique designs and content, similarities in layout, structure, and content may arise when working with clients in the same industry.
- Go Green Domains will make all reasonable efforts to ensure that the content it produces is unique and customized to each business but does not guarantee that no similarities will exist between competing companies' websites or materials.
- Go Green Domains shall not be held liable for any claims or disputes arising from similarities in design, layout, or content across competing businesses.
This clause does not affect any rights clients may have under the Australian Consumer Law, including guarantees relating to the quality and fitness for purpose of the services provided.
15. Severability Clause
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.
16. Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Queensland, Australia. Clients agree that any legal claims or proceedings related to our services will be filed in the courts of Queensland and will be subject to the governing laws of the state.
17. Modification of Terms
Go Green Domains reserves the right to update, modify, or amend these Terms of Service at any time. Continued use of our services after any such changes will constitute your acceptance of the revised terms. Clients are encouraged to review this page regularly to stay informed of any updates or changes to these terms.
18. Privacy and Data Protection
We are committed to protecting your privacy. Our use of personal data is governed by our Privacy Policy, which is incorporated into these Terms of Service. You agree that Go Green Domains may collect, store, and use your data in accordance with the Privacy Policy, including data provided through our web development, SEO, marketing, and hosting services.