NetSiteOz Server Terms and Conditions
The following words used in context of the Service Contract are defined
as follows:
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"Provider": NetSiteOz
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"Client": The person or entity
who is applying for Server services from Provider
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"Service": (i) Service performed, or (ii) Equipment
loaned, or (iii) Space on Services rented by Provider
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"TAC.": Terms and
Conditions Contract
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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).
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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.
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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.
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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
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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