| Introduction
This document
contains important information regarding the Terms and Conditions of
Service which apply to your account with AussieHost.Net. PLEASE READ THIS
DOCUMENT CAREFULLY, retain it for future reference. Please note that the
information contained herein is subject to change without notice.
General
Provisions
In consideration
for AussieHost.Net maintaining one or more accounts (each
"Account"), you agree to the following terms and conditions.
Definitions
- "We"
"Us" or "Provider" or "AussieHost.Net."
AussieHost.Net.
- "You"
"Your" "Client" "Customer"
or "Member." Each person or entity who applies for
internet service or is a designate of any one who applies for internet
service.
Disclaimer of
Warranty
AussieHost.Net is not responsible for any interruption in
service or down time that may occur, whether due to the act or negligence
of AussieHost.Net.
AussieHost.Net
MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither
AussieHost.Net nor any one else involved in the provision of Service is
liable to you or any third-party for direct or indirect damages resulting
from the use, non-use or non-availability of services provided herein,
whether or not such damages resulted from the negligence of AussieHost.Net,
even if AussieHost.Net has been advised to the possibility of such
damages.
Services
Provided by AussieHost.Net
AussieHost.Net
will provide Internet server space rental ("the Service") to its
members for the express purpose of allowing customers to provide http
Internet content to the general public. The Service allows AussieHost.Net
members to maintain Internet websites, receive and maintain e-mail
accounts and access web space via FTP to upload files for their websites.
AussieHost.Net members will use the provided services in a manner
consistent with any and all applicable laws. AussieHost.Net provides the
Services exclusively and makes no effort to edit, control, monitor or
restrict the content of data other than as necessary to provide such
Services. If any of the below activities are committed, AussieHost.Net can
terminate client's account without notification.
- Client
Content. Client agrees that WebPages
and files uploaded to our servers will not violate any state, federal
or foreign laws or regulations; infringe on any intellectual property
rights of AussieHost.Net or any third party; are defamatory,
slanderous or trade libellous; are threatening or harassing; are
discriminatory based on gender, race, age or promotes hate, contain
viruses or other computer programming defects which result in damage
to AussieHost.Net or any third party. Customers may not run IRC, bots
or clients. Unacceptable uses also include: Bulk emailing, unsolicited
emailing, newsgroup spamming, pornographic content or links to adult
websites, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers.
- Bandwidth
Usage: AussieHost.Net offers a
unlimited download data transfer per month. AussieHost.Net
reserves the right to impose the Excessive Resource User Policy for
the consideration of all customers.
- Excessive
Resource User Policy: Resources are
defined as bandwidth and/or processor utilization. When a website is
found to be monopolising the resources available, AussieHost.Net
reserves the right to suspend that site immediately. This policy is
only implemented in extreme circumstances and is intended to prevent
the misuse of our servers. AussieHost.Net will be the sole and final
arbiter as to what constitutes a violation of this policy.
- No
"Spam".
"Spam" originating from a AussieHost.Net account or
associated with a AussieHost.Net account is not tolerated. This
includes any e-mail that promotes web sites hosted on a AussieHost.Net
account but is sent from an e-mail address not associated with that
AussieHost.Net account. Client shall not use their AussieHost.Net
services for chain letters, junk mail, bulk-email, or any use of
distribution lists to any person who has not given specific permission
to be included in such a process. AussieHost.Net reserves the right to
deactivate or terminate any account(s) upon any indication of such
activity without notice. Accounts cancelled due to Spam may be
charged a clean-up fee.
- False
Information. Client agrees not to
post false or inaccurate information to news groups in violation of
the news groups’ rules and regulations. If any news groups or
service provider contact AussieHost.Net concerning unethical, false or
unlawful activities by you, AussieHost.Net reserve the right to
terminate your service without notice.
- Licensed
Software Only. Client agrees to use
only properly licensed third party software in connection with
Client's use of the Services.
- Back-Up
Files. Client
is responsible for making back-up files in connection with its use of
the Services. Client is solely responsible for
independent backup of data stored on Providers server and network.
Payment
Obligations, Renewals, Cancellations
- Payment
Obligations: Payment is required
in advance. You grant AussieHost.Net the right to debit the credit
card or account you provided or to allow monthly subscriptions from your
PayPal account for services you signed up for, until such
service is cancelled by you or is cancelled by AussieHost.Net according to terms of this Agreement. You warrant and
represent that the information you supply is accurate and truthful.
All payment-due notices will be sent by electronic mail. No bills or
invoices will be sent by postal mail or fax. If payment was not
received by the renewal date, your account will be terminated. Once
your account is terminated, you will need to pay a set up fee
and the monthly/annual fees to reopen the account.
- Renewals: Your account will be automatically renewed under the
same time and fee structure unless you give written notice to
AussieHost.Net fifteen (15) days before the renewal date that you do
not wish to renew such account.
- Cancellation: You may cancel at any time. All cancellations must be received in
writing, regular mail & e-mail notifications are acceptable. Phone requests will not
constitute acceptance of any cancellation.
Money Back Guarantee
If you are not
completely satisfied with our services at any time, you will be given a pro-rata refund of your hosting fee excluding
set-up fees and any additional service fees. If your account has been cancelled by
us due to a breach of the terms and conditions on your part, you will
be eligible for a pro-rata refund. Domain name registration is non-refundable.
Phone requests will not constitute acceptance of any cancellation.
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