Term
and Termination
1.
When you sign up for the services provided by
Australia-Host this agreement shall become
applicable and effective.
2.
Australia-Host reserves the right to terminate
this agreement and the customer's site due to
any breach of the provisions stipulated herein.
The decision to terminate an account shall be
left to the sole discretion of Australia-Host
and Australia-Host shall not be compelled to
give reasons for any actions taken in this
respect. Australia-Host shall have no obligation
to refund any fees that are clearly stated to be
non-refundable. We reserve the right to delete
any site deemed unacceptable for any reason
without prior notice.
3.
The customer may terminate the services at any
time by contacting Australia-Host.com via email.
There shall be no refund of fees after the 30
day money back guarantee period.
4.
Members will be responsible for their own web
site development, operation and
maintenance.
5.
Members will be solely responsible for all
products, contents and materials appearing
online or on their web site.
6.
Members will be responsible for the accuracy and
appropriateness of content and materials
appearing on their web site.
7.
Members will be responsible for ensuring that
the content and materials appearing on their
pages do not violate or infringe upon the rights
of any third parties.
8.
Members will be responsible for ensuring that
the content and materials appearing on their
pages are not libelous or otherwise
illegal.
9.
Members will be responsible for the final
calculation and application of shipping and
sales tax and for accepting, processing, filling
and shipping any customer orders or any other
e-commerce transactions that they may be
engaging in.
10.
Members will be responsible for the security of
any customer credit card numbers and related
customer information that are obtained or
accessed as a result of conducting electronic
commerce via their Site and to keep all such
information confidential and to exercise the
same degree of care and security standard in the
industry.
Bandwidth
and Disk Space
You
must agree that Disk Space usage shall not
exceed the number of megabytes per month for the
services ordered by you through the
registration. This usage is monitored and
measured by Australia-Host. Any Disk Space usage
in excess of the agreed upon number of megabytes
per month may result in corrective action by
Australia-Host, in its sole discretion including
additional charges, disconnection or
discontinuance of any and all services, or
termination of this Agreement. In the event that
Australia-Host elects to take any corrective
action, you shall not be entitled to a refund of
any fees paid in advance prior to such
corrective action. Any or all action by us will
only be taken after we notify you by
email.
Amendments
Australia-Host
reserves the right to amend the service
offerings and add, delete, suspend or modify the
terms and conditions of the services set forth
in this Agreement at any time, and to determine
whether and when, at its sole discretion, any
such changes apply to both existing or future
members.
Content
This
service is provided for both Business and
Private users. Australia-Host is not responsible
for the content of any web page hosted by
Australia-Host.com. The opinions and views
expressed in Australia-Host.com hosted pages do
not necessarily reflect those of Australia-Host.
The contents of the web pages hosted on
Australia-Host.com are not reviewed in any way
before they appear on the web page. As the
author of web pages hosted by
Australia-Host.com, you take full responsibility
for their contents. Do not use the web space
provided by Australia-Host.com to provide
material that is grossly offensive to the web
community, including, but not limited to,
blatant expressions of bigotry, racism, hatred,
profanity or for promoting or providing
instructional information about illegal
activities or promoting physical harm or injury
against any group or individual.
Australia-Host.com
services shall only be used for lawful purposes.
Transmission or solicitation of any material
that violates United States federal, state or
other laws that may apply in this jurisdiction
or your local area is prohibited.
Australia-Host.com
hosted pages cannot contain, or provide links
to, materials that Australia-Host, in its sole
discretion, may consider illegal or offensive,
including, but not limited to:
Copyrighted
material not belonging to you -- for example,
music, images, software or video -- unless
you have the prior consent of the copyright
owner;
Trademarked
material not belonging to you -- for example,
wordmarks, design marks or a combination
thereof -- without prior consent of the
trademark owner;
Foul language;
Hate-group propaganda;
Mail fraud;
Pyramid or Ponzi schemes;
Insults to other persons or companies,
including but not limited to: material that
is obscene, threatening, harassing, libelous
or in any way a violation of intellectual
property laws.
Members shall
not use their Australia-Host.com hosted web
pages to conduct the following
activities:
Sell
weapons or promote the use thereof;
Send bulk/spam e-mail from a
Australia-Host.com server, or sending such
e-mail with Australia-Host.com web site
listed as the contact address;
Send mass/spam news postings;
Advertise or distribute software or services
that may contribute to news or e-mail
spamming;
Host a banner exchange;
Disclose the trade secrets of any other
entity or individual;
Use patented materials without the prior
consent of the patent owner;
Host WAREZ, CRACKS and/or SERIALZ on
Australia-Host.com systems or accounts;
or
Conduct any other activities, that
Australia-Host.com determines, in its sole
discretion, to be illegal or an unreasonable
drain on system resources.
It is
impermissible to use Australia-Host servers for
the following purposes:
To
launch malicious attacks on other servers
including, but not limited to, denial of
service attacks, mail bombs, hack attacks,
spamming, port scanning or port probing;
To connect directly to external servers
using, for example, Internet Relay Chat
(IRC), port scanning or any other
unauthorized connection;
To open sockets of any kind including but not
limited to ICQ, IRC;
To provide CGI for any third party;
To act as a file repository or to serve files
for other sites; or
To conduct any other activity that
Australia-Host.com determines, in its sole
discretion, to be an improper use of the
Australia-Host.com servers.
Australia-Host
reserves the right to terminate your
Australia-Host.com account or remove any page it
determines, in its sole judgment, is in
violation of any provision of this
Agreement.
Disclaimer
of Warranties
Member
understands that the Internet and other various
networking communication mediums are not secure,
unless explicitly specified as such, and may be
subject to interception or loss.
Australia-Host.com makes no warranties of any
kind, either express, implied or statutory,
concerning the data or information available
through the Australia-Host.com hosting network
or the Internet. Australia-Host.com services are
provided on an "AS IS" basis. Australia-Host.com
makes no representations or warranties of any
kind, express or implied, including without
limitation:
-THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT;
-THAT THE
HOSTING SERVICES WILL MEET YOUR REQUIREMENTS OR
WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT
ERROR;
-ANY IMPLIED
WARRANTY ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE; AND
-ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN
TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE
OF Australia-Host.com
-TO THE FULL
EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
Australia-Host.com DISCLAIMS ANY AND ALL SUCH
WARRANTIES.
Limitation
of Liabilities
IN NO EVENT
SHALL Australia-Host.com BE LIABLE FOR DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH THIS TERMS OF SERVICE AGREEMENT,
THE HOSTING SERVICES, OR THE INABILITY TO USE
THE HOSTED SITE. Australia-Host.com's liability
to the Member for actual damages for any cause
whatsoever, regardless of the form of the
action, will be strictly limited to a maximum of
the Fees paid.
Australia-Host.com,
ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND
EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY LOSS OR INJURY RESULTING FROM THE
USE OF THE HOSTING SERVICES, CAUSED IN WHOLE OR
IN PART BY ITS NEGLIGENCE OR CONTINGENCIES
BEYOND ITS CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING, MAINTAINING OR
DELIVERING THE SERVICES. Australia-Host.com, ITS
OFFICERS, DIRECTORS, OWNERS, AGENTS AND
EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM THE USE OR INABILITY TO USE THE
SERVICES.
