NetSiteOz Server Terms and Conditions

The following words used in context of the Service Contract are defined as follows: 
  • "Provider":   NetSiteOz
  • "Client":        The person or entity who is applying for Server services from Provider
  • "Service":     (i) Service performed, or (ii) Equipment loaned, or (iii) Space on Services rented by Provider
  • "TAC.":          Terms and Conditions Contract
  • The Provider agrees to provide, and Client agrees to receive, access to the Provider's Server services according to the following TAC:  The TAC comprises the entire agreement between Provider and Client, and supersedes any prior agreements between you and Provider with respect to the subject matter of the TAC. Provider may revise the TAC at any time, and such revision shall be effective ten (10) days after notice of the proposed revision is sent to you via electronic mail to the address we have on file. You agree to review the TAC periodically to be aware of such revisions. If any such revision is unacceptable to you, you may terminate your contract for service with Provider as provided in Section 13 below. Your continued use of Provider's services following the Effective Date of any such revision to the TAC shall be conclusively deemed as your acceptance of all such revisions. 
    1. Client will use their Server services in a manner consistent with any and all applicable laws of the State of Victoria and the Australian Federal Government. 
    2. Provider reserves the right, in its sole discretion, to deactivate the Client's Server account(s) upon an indication of credit problems including delinquent payments. 
    3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES. 
    4. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the  Server services for any reason. 
    5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider. 
    6. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELLOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS. 
    7. CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE  SERVER PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE  SERVER ACCOUNT(S) OR HOST SERVER(S). 
    8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize. 
    9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's  Server account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's  server account(s). 
    10. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. 
    11. Termination. Either Client or Provider may terminate use of Provider's services and/or  Servers at any time. Subscriber's only right and sole remedy with respect to any dissatisfaction with any (i) TAC term, or policy or practice of Provider, (ii) Content available through Provider or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Subscribership by delivering notice to Provider. Should such notice of termination be delivered and acknowledged as delivered by Provider, termination will be effective within 48 hours. In the event that a Client's account is terminated or cancelled, no refund of any fees, including monthly Service fee, will be granted and any time credited to Client's account(s) is not convertible to cash or other form of credit.
    12. Advertising, UCE, SPAM, Mail Bombing, Bulk Solicitation and Name Harvesting. Provider has a strict "anti-spamming" policy. It is a clear violation of Provider's policy and is cause for immediate termination. You may not use Provider to send unsolicited advertising, promotional material, or other forms of solicitation to any other Provider's subscribers or general Internet users except in cases where prior consent from the recipient has been granted or in cases where such areas are designated for such a purpose (e.g., the classified area). Provider reserves the 

      13. right to block or filter mass email solicitations that pass through Provider's mail servers even if intended for Client. In addition, you a) may not use your Provider POP account(s) to send such solicitations b) may not use your domain name or IP address, any sites (names, URLs or IP addresses) belonging to Provider, or the Provider  name in any postings or e-mail solicitations you choose to participate in anywhere 
      on the Internet. The use of "ghost sites" (web pages setup on ISPs that allow spamming, that directly or indirectly reference customers to domains or IP addresses hosted by Provider in mass e-mailings are also prohibited. Client may not participate in advertising or promoting bulk e-mail software or services of any kind.  Customer  accounts associated with spamming in any way may, at Provider's  discretion, be terminated as per termination clause above. 
     
     
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