Legal

Terms of Service

Last updated: September 2026

These Terms and Conditions ("Terms") govern your access to and use of the services provided by Lightspeed Networks Pty Ltd trading as Lightspeed Hosting ("Lightspeed Hosting", "we", "us", "our").

By accessing, purchasing, or using our services, websites, platforms, applications, or related offerings (collectively, the "Services"), you agree to be bound by these Terms, including the Acceptable Use Policy set out below. If you do not agree, you must not use the Services.

1. Definitions

• Services means all hosting, infrastructure, software, maintenance, support, and related services provided by Lightspeed Hosting.
• Customer, You, or User means any individual or entity that accesses or uses the Services.
• Acceptable Use Policy or AUP means the policy set out in Section 6 of these Terms.
• Content means any data, text, files, software, scripts, graphics, or other materials stored, transmitted, or processed using the Services.
• Metered Services means those Services billed by reference to measured consumption, as described in Section 4.3.
• Fixed-Fee Services means those Services billed at a recurring rate for a defined term.
• Billing Period means the period over which consumption of Metered Services is accumulated for invoicing, being a calendar month unless we notify you otherwise.

2. Provision of Services

We provide the Services in accordance with these Terms and any applicable service descriptions, order forms, quotes, or pricing published on our website.

We may modify, suspend, or discontinue any part of the Services where required for operational, security, legal, or commercial reasons.

3. Customer Responsibilities

You are responsible for:

• Ensuring that your use of the Services complies with these Terms and all applicable laws;
• Maintaining the confidentiality and security of your account credentials;
• All activities carried out through your account, including by any end users;
• Ensuring that your Content is lawful and does not infringe the rights of others.

You remain responsible for the actions of any third party who accesses the Services using your account.

4. Fees, Billing, and Payment

4.1 Pricing

Fees for the Services are as displayed on our website at the time of purchase, as set out in an applicable order form or quote, or as otherwise agreed in writing. All fees are stated in Australian dollars and are exclusive of GST unless expressly indicated. GST will be charged in accordance with Australian tax law.

4.2 Fixed-Fee Services

Fixed-Fee Services are billed at a recurring rate for a defined term. Unless stated otherwise, fees for Fixed-Fee Services are payable in advance for each billing term and are non-refundable except where a refund is required under the Australian Consumer Law.

4.3 Metered Services

Our Infrastructure-as-a-Service offerings, including virtual machines, block storage, object storage, snapshots, template and ISO storage, backups, public IP addresses, VPN connections, Kubernetes clusters, and data egress (collectively, "Metered Services"), are supplied on a pay-as-you-go basis with no minimum commitment.

Metered Services are metered hourly at the rates published on our website and are billed monthly in arrears based on your actual consumption during the preceding Billing Period. A Billing Period is a calendar month unless we notify you otherwise.

Consumption is measured in hours and fractions of an hour. Charges are calculated on the actual period a resource was consumed and are pro-rated accordingly; we do not round partial hours up to a full hour.

Rates displayed as daily or monthly figures are indicative projections derived from the applicable hourly rate and do not constitute a fixed charge, a minimum charge, or a cap. Any cost estimate produced by a pricing calculator or similar tool on our website is indicative only and is not a quote.

4.4 Measurement of Consumption

Consumption of Metered Services is measured as follows:

• Compute: virtual machine instances are metered for the period the instance is running. A stopped instance does not accrue compute charges. Charges resume when the instance is started and cease when it is stopped or destroyed.
• Storage: block storage volumes are metered on the capacity provisioned, not the capacity used, and accrue charges for as long as the volume exists, regardless of the power state of any attached instance. Object storage, snapshots, templates, and ISO images are metered on the volume of data stored.
• Backups: charges commence from your first completed backup and are calculated as a percentage of the applicable instance rate, as published on our website. Because backups continue to retain your data while an instance is stopped, backup charges accrue for the full period the instance exists, including hours during which it is stopped.
• Data transfer: data transferred out of the platform is metered from the first gigabyte. There is no included allowance. Data transferred into the platform is not charged.
• Networking and platform services: public IP addresses, VPN connections, and VPN user accounts are metered hourly for each address, connection, or provisioned account, from allocation until release, regardless of the power state of any associated instance.

Resources that you have provisioned but are not actively using continue to accrue charges until they are released or destroyed. Stopping an instance does not release its storage, its public IP addresses, or its backups, each of which continues to be charged. You are responsible for managing the resources provisioned under your account.

4.5 Usage Records

Consumption is determined by the usage records generated by our platform. Those records are the definitive measure of your consumption for billing purposes, absent manifest error. Usage data is made available to you through your account portal.

4.6 Invoicing and Payment

We will issue an invoice for each Billing Period following its close. Each invoice specifies its due date, and payment must be received in cleared funds on or before that date. You authorise us to charge the payment method registered to your account for amounts due.

4.7 Billing Disputes

If you believe an invoice contains an error, you must notify us in writing within 30 days of the invoice date, identifying the disputed amount and the basis of the dispute. You remain liable for all undisputed amounts by the due date. We will investigate in good faith and issue a credit or adjustment where an error is established.

4.8 Changes to Rates

We may vary the published rates for Metered Services by posting revised pricing on our website, giving not less than 30 days' notice. Revised rates take effect from the start of the first Billing Period commencing after the notice period ends. Your continued use of the Metered Services after that date constitutes acceptance of the revised rates. This clause does not permit us to vary a rate fixed for a defined term under a separate written agreement.

4.9 Overdue Amounts

Where an invoice remains unpaid after its due date:

• At 7 days overdue, a late payment fee of 10% of the outstanding balance of that invoice becomes payable.
• At 30 days overdue, we may terminate the Services, including deleting your data and releasing all provisioned resources.

We may suspend the Services at any time while an amount is overdue. We reserve the right to recover reasonable costs incurred in collecting overdue amounts, to the extent permitted by law.

Suspension or termination does not relieve you of liability for consumption already incurred but not yet invoiced. Suspension does not stop charges from accruing on resources that remain provisioned.

5. Suspension and Termination

We may suspend or terminate your access to the Services, without liability, if:

• You breach these Terms or the Acceptable Use Policy;
• Your use of the Services poses a security, legal, or operational risk;
• Payment is overdue;
• We are required to do so by law or regulatory authority.

Suspension or termination does not relieve you of any outstanding payment obligations.

6. Acceptable Use Policy (AUP)

The following Acceptable Use Policy is incorporated into and forms part of these Terms and Conditions.

This AUP outlines the rules for appropriate and prohibited uses of Lightspeed Hosting's services, which include its online platforms, websites, applications, and other digital offerings. This policy applies to all customers and users who access or use the Services.

We may revise this AUP from time to time by posting updates on our Services. By continuing to use the Services, you agree to comply with the most recent version of the AUP. It is your responsibility to ensure that your end users comply with this AUP. Violations of this policy, whether by you or your end users, may lead to the suspension or termination of your access to the Services and the deletion of your account.

AUP 1. Prohibited Uses and Content

You must not use the Services in any unlawful, harmful, or offensive manner, nor encourage others to do so. This includes but is not limited to:

• Illegal or Harmful Activities: Engaging in activities that are illegal, violate others' rights, or harm our operations or reputation - including fraud, child exploitation, phishing, and distributing malware.
• Intellectual Property Infringement: Using content that infringes on the rights of others, such as unauthorised distribution of copyrighted material or private information. Reselling Lightspeed Hosting's products or services without permission is strictly prohibited.
• Offensive Material: Distributing harmful or offensive content, including hate speech, defamatory material, or content that promotes violence or racism.
• Harmful Technology: Distributing viruses, malware, or other software intended to harm or interfere with systems or data.

AUP 2. Anti-Spam and Message Abuse

You must not use the Services to send unsolicited bulk emails or other communications (spam). You may not falsify email headers, misrepresent your identity, or collect responses to spam messages. Using our communication tools to promote unrelated businesses is prohibited.

AUP 3. Security and Integrity Violations

You are prohibited from using the Services to compromise the security of any system, including:

• Unauthorised Access: Attempting to gain unauthorised access to any system or network, including probing, scanning, or testing security vulnerabilities.
• Interception: Monitoring or intercepting communications without permission.
• Falsification of Information: Forging headers or other identifying information to disguise the origin of communications.

AUP 4. Network Misuse

You must not misuse network connections, including:

• Monitoring or Crawling: Engaging in activities that impair or disrupt a system's functioning, such as unauthorised crawling or data scraping.
• Denial of Service (DoS) Attacks: Flooding a system with excessive requests to disrupt legitimate traffic.
• Intentional Interference: Deliberately overloading systems through tactics such as broadcast attacks or email bombs.
• Unauthorised Network Services: Running open proxies, mail relays, or open recursive DNS servers without permission.
• Avoiding System Restrictions: Attempting to bypass limitations on access or usage, including storage or network restrictions.

AUP 5. Compliance with Laws and Professional Conduct

By using our Services, you agree to comply with all applicable laws and regulations, including privacy laws, intellectual property rights, and export control regulations. You must use the Services in a professional and lawful manner.

AUP 6. Monitoring and Enforcement

We reserve the right to monitor use of the Services and enforce this AUP. This includes investigating potential violations, reviewing user content, and taking action to remove or restrict access to content that breaches this policy. If you violate this AUP, we may suspend or terminate your account and take legal action. In serious cases, we may report your actions to law enforcement or regulatory authorities.

AUP 7. Prohibited Activities

You and your users are prohibited from engaging in activities such as:

• Participating in unlawful contests, pyramid schemes, or sending unsolicited messages.
• Defaming, harassing, or violating others' legal rights.
• Distributing illegal content, including content that incites hate or promotes hate speech.
• Uploading copyrighted material without proper authorisation.
• Using the Services for cryptocurrency mining or unauthorised network scanning.
• Using bots to automate or repeatedly acquire goods in a way that violates third-party terms of service.
• Hosting TOR exit nodes.
• Uploading files containing viruses, Trojan horses, worms, time bombs, or any other malicious software.
• Network probing or port scanning without explicit permission from the target host and/or network.

AUP 8. Reporting Violations

If you become aware of a violation of this AUP, please contact us immediately. We may request your assistance in stopping or remedying the violation.

7. Limitation of Liability

To the maximum extent permitted by law, Lightspeed Hosting excludes all liability for loss or damage arising from your use of the Services, except where such liability cannot be excluded under the Australian Consumer Law.

Where liability cannot be excluded, our liability is limited to resupplying the Services or the cost of having the Services resupplied.

8. Indemnity

You agree to indemnify and hold harmless Lightspeed Hosting from any claims, losses, damages, liabilities, or expenses arising from your use of the Services, your Content, or your breach of these Terms or the AUP.

9. Changes to These Terms

We may update these Terms from time to time by publishing a revised version on our website.

Where a change materially and adversely affects your rights or obligations, we will give you not less than 30 days' notice before it takes effect, by email to the address registered to your account or by notice in your account portal. Changes that do not materially and adversely affect you - including clarifications, corrections, and changes we are required to make by law - take effect on publication.

If you do not accept a change, you may terminate the affected Services without penalty at any time before it takes effect, subject to payment of amounts already incurred. Continued use of the Services after the change takes effect constitutes acceptance of the updated Terms.

10. Governing Law

These Terms are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the courts of the State or Territory in which Lightspeed Hosting is based.