Terms of Service and Acceptable Use Policy
This Acceptable Use Policy constitutes an Agreement between Aus-Web.com Web Services ABN 17649979293 ("Aus-Web.com") and you, your assigns, agents and contractors ("You") and is effective upon electronic execution. This Agreement applies to all Aus-Web.com Hosting customers and all users of Aus-Web.com Hosting servers, including FTP access account holders, email account holders, and all users accessing any World Wide Web server hosted on Aus-Web.com Hosting servers and related systems.
This Agreement represents the agreement and understanding between You and Aus-Web.com and supersedes any other written or oral agreement. You agree that Aus-Web.com may modify this Agreement from time to time. Aus-Web.com may also discontinue services it provides under this Agreement. You agree to be bound by any changes Aus-Web.com may reasonably make to this Agreement when such changes become effective. The most recent version of this agreement is published on the Aus-Web.com web site (http://www.aus-web.com).
USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO THE USE OF AUS-WEB.COM HOSTING SYSTEM AND OR AUS-WEB.COM UPSTREAM PROVIDERS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE AUS-WEB.COM HOSTING SYSTEM. IF YOU ARE AN ACCOUNT CUSTOMER, PLEASE NOTIFY AUS-WEB.COM IMMEDIATELY AT THE FOLLOWING ADDRESS TO ARRANGE FOR CLOSURE OF YOUR ACCESS ACCOUNT.
Aus-Web.com Web Services
PO Box 280
Kings Langley
NSW 2147
Australia
Fax: +61 2 9836 1994
Email: cancellation@aus-web.com
TERMS OF SERVICE AND ACCEPTABLE USE
1. LIMITATION OF WARRANTY
Aus-Web.com makes no warranties of any kind, whether express or implied, for the service it is providing. Aus-Web.com also disclaims any warranty of merchantability or fitness for a particular purpose. Aus-Web.com will not be responsible for damages suffered by You or any customer, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data resulting from delays, non-deliveries, misdeliveries, system failures or service interruptions caused by any source whatsoever, including natural disasters, Aus-Web.com's own negligence, subscriber's errors or omissions, or due to the fault of third parties. You understand and agree that Aus-Web.com undertakes no obligation to maintain, protect or safeguard Your data stored on any Aus-Web.com equipment and You agree to accept responsibility for maintaining backup copies of all such data. You agree to upload and store data to Aus-Web.com Hosting equipment at Your own risk and You expressly assumes such risk.
2. LIMITATION OF LIABILITY
You agree that Aus-Web.com's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Aus-Web.com to You under this Agreement, and for any breach of this Agreement by Aus-Web.com, shall be limited to the fees You paid to Aus-Web.com for the service.
3. INDEMNITY
You agree to release, defend, indemnify and hold harmless Aus-Web.com and its contractors, agents, employees, offices, principals and affiliates from any liability, claim, loss, damage or expense arising out of or related in any way to Your account with Aus-Web.com and/or Your use of the system, network or services provided by Aus-Web.com.
4. COMPLIANCE WITH LAW AND INTELLECTUAL COPYRIGHTS
You agree that all services provided by Aus-Web.com will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data or material in violation of any local, state, federal, and international law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, obscene or pornographic material, content or merchandise. You warrant that any data uploaded for publication on Aus-Web.com's web servers does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or defamatory.
5. AGREEMENTS WITH MINORS
Aus-Web.com requires that its agreements be made with a person who is qualified to contract. As such, You must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and assume responsibility for payment of Aus-Web.com services and for Your compliance with this Agreement.
6. REMOVAL AND DESTRUCTION OF ILLEGAL OR OFFENSIVE DATA
You agree that Aus-Web.com shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of Aus-Web.com, violate law or fail to conform with this Agreement and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.
7. SUBDOMAIN HOSTING
For subdomain hosted on domain names owned by Aus-Web.com ("Subdomain Hosting"), You will be granted the permission to use the subdomain name of your choice for your Subdomain Hosting account for as long as the account is kept current. Unless you are the rightful owner, You are not permitted to use registered trademark, brand name, product name, or any proprietary name for Subdomain Hosting account hosted on domain names owned by Aus-Web.com. Aus-Web.com reserves the right to grant or deny the use of any subdomain name for the purposes of Subdomain Hosting, Aus-Web.com is the sole arbiter in any such decision making. You are not permitted to conduct business using Subdomain Hosting account hosted on domain names owned by Aus-Web.com. You are not permitted to register trademark, business name or business entity using Subdomain Hosting account hosted on domain names owned by Aus-Web.com. You are not permitted to sell, trade or auction subdomain name assigned to Your Subdomain Hosting account. You agree to release, defend, indemnify and hold harmless Aus-Web.com and its contractors, agents, employees, offices, principals and affiliates from any liability, claim, loss, damage or expense arising out of or related in any way to Your use of any Subdomain Hosting account hosted on domain names owned by Aus-Web.com.
8. ACCOUNT CANCELLATION
Aus-Web.com reserves the right to cancel or discontinue services it is providing. In the event of such cancellation, unused fees will be re-funded or pro-rated.
You can cancel your account with Aus-Web.com at any time. To cancel an account, You must notify Aus-Web.com in writing at the following address. Unused fees will not be refunded or pro-rated.
Aus-Web.com Web Services
PO Box 280
Kings Langley
NSW 2147
Australia
Fax: +61 2 9836 1994
Email: cancellation@aus-web.com
Account cancellation does not apply to domain name registration.
9. USE OF NETWORK ACCESS
Aus-Web.com Hosting accounts are not transferable. You may not sell, lease, rent or assign an Aus-Web.com Hosting agreement or parts of a Hosting agreement to any party without the express, prior written approval of Aus-Web.com. Use of Network bandwidth is expected to be reasonable and moderate. Aus-Web.com reserves the right to impose additional charges for use of Network bandwidth in excess of reasonable or allocated amounts. You will receive advanced notice of Aus-Web.com's intent to impose any such charges.
10. USE OF SYSTEM RESOURCES
In order to maintain the integrity and level of services provided by Aus-Web.com shared hosting services, usage of system resources on Aus-Web.com servers are monitored closely. Memory, CPU, script execution and other system resource limitations will be imposed. Aus-Web.com reserves the right to impose additional charges for usage of system resources in excess of acceptable limits. You will receive advanced notice of Aus-Web.com's intent to impose any such charges. Hosting accounts with continuous high resource usages will be required to upgrade to a higher level hosting plan.
11. ABUSE AND DISRUPTION OF NETWORK SERVICES, EXCESSIVE USE
You shall ensure that use of Aus-Web.com's network services shall not disrupt Aus-Web.com, its associated networks or equipment forming part of Aus-Web.com's or the Internet's systems. You shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, broadcast, or otherwise sent on an intrusive basis (spamming) to any Aus-Web.com user or to any directly or indirectly attached network.
Use of Aus-Web.com's Internet connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Aus-Web.com shall be considered a breach of this Agreement and may result in cancellation of service. It is not acceptable to use Aus-Web.com's services and facilities to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to: - improper, harassing or offensive distribution of unsolicited advertising (SPAM), - excessive newsgroup cross-posting, - transmissions of any type or quantity that causes disruption of service to others, - propagation of computer worms or viruses, - use of the network to make unauthorized entry to other computer networks, information or communications devices or resources, - sustained, excessive use of Aus-Web.com's equipment or network connection without prior arrangement with Aus-Web.com.
END
Last update: 28-Feb-2005 |
