Web Hosting Terms and Agreement
This agreement represents the complete agreement and understanding
between AuAu Web .Design and the customer (hereinafter called
CLIENT) and supersedes any other written or oral agreement.
Upon notice published on-line via AuAu Web .Design may modify
these terms and conditions, amplify them, and/or modify the
prices, as well as discontinue or change the services offered.
Provision of services
Service means any act of serving the CLIENT, being provided
by AuAu Web .Design whether it is a free or paid service and
regardless of its duration.
Without limiting the scope of item a. above, AuAu Web .Design
will provide services on its host computing systems to individual
CLIENT in return for payment of fees and compliance with the
terms and conditions of this document.
AuAu Web .Design services are defined as the use by the
CLIENT of computing, telecommunications, software, and information
services provided by AuAu Web .Design. These services also include
the provision of access to computing, telecommunications, software,
and information services provided by others via the Global Internet.
AuAu Web .Design setup fee does not include the maintenance
charge for registration fees incurred by local or regional registrars.
Use of Material
The CLIENT may redistribute materials in the public
domain.
The CLIENT assumes all risks regarding the determination
of whether the material is in the public domain.
As provided by Queensland federal law and by International treaties,
copyrighted materials (e.g., images, text, and programs) may
not be uploaded using AuAu Web .Design services without the
permission of the copyright holder. Copyrighted materials may
be downloaded for personal use. Except as expressly permitted,
materials under copyright may not be distributed to others.
Copyrighted material may not be changed neither can the author
attribution notices nor the copyright notices be modified.
Use of Services
The CLIENT agrees to provide a username to the account.
Recommended usernames contain upper and lower case letters,
and numbers.
The CLIENT agrees to use the services provided by AuAu
Web .Design as allowed by local, state, and federal laws.
The CLIENT agrees not to use these services to conduct
any business or solicit the completion of any activity that
is prohibited by law.
· AuAu Web .Design reserves the right to reject
service to any new or existing clients.
· AuAu Web .Design will not allow the hosting
of any site that falls under the category of “adult entertainment”
which includes pornography and other adult oriented material.
Any site containing pornographic and hate related sites or slanderous
material will be subject to suspension.
· The CLIENT is exclusively responsible for any
legal liability rising out of, or relating to, the client’s
web site at AuAu Web .Design.
The CLIENT warrants to AuAu Web .Design that it holds
the necessary rights to permit the use of any of the items on
the client’s web site, and , that the use, reproduction,
distribution, transmission or display of any data to the public,
and any material to which the public can link through, or any
products of services made available to the public through the
client’s website, will not:
The CLIENT agrees that hosting of the CLIENTS website
is at the sole discretion of AuAu Web .Design. AuAu Web .Design
may cancel web site hosting service to any CLIENT operating
a web site that AuAu Web .Design deems to be in violation of
these Terms & Conditions.
Indemnification
The CLIENT agrees to indemnify and hold AuAu Web .Design,
its executives, directors, officer, managers, employees, consultants
and agents, harmless from any claims, including attorney fees,
resulting from the CLIENT receiving AuAu Web .Design services
which cause direct or indirect damage to another party.
LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
AND UNDER NO LEGAL THEORY SHALL AuAu Web .Design BE LIABLE TO
THE CLIENT FOR ANY BUSINESS LOSS REVENUES DECREASE, EXPENSES
INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES
OR ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE,
ANY OF AuAu Web .Design SERVICES, EVEN IF AuAu Web .Design HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL AuAu Web .Design’S LIABILITY EXCEED THE MONTHLY FEE
PAID BY THE CLIENT. THIS LIMITATION OF LIABILITY AND RISKS IS
REFLECTED IN THE PRICE OF AuAu Web .Design’S SERVICES.
The CLIENT understands that AuAu Web .Design keeps the
information available on AuAu Web .Design systems accurate.
However, AuAu Web .Design can make no warranty of any kind,
either expressed or implied, regarding the quality, accuracy,
or validity for the data and/or information available. Use of
information obtained from or through AuAu Web .Design is at
the risk of the CLIENT.
The CLIENT acknowledges that the information available
through the interconnecting networks may not be accurate. AuAu
Web .Design has no ability or authority over the material. AuAu
Web .Design can make no accuracy, or validity of the data and/or
information residing on or passing through these networks. Use
of information obtained from or through AuAu Web .Design services
is at the risk of the CLIENT.
The CLIENT understands that AuAu Web .Design provides
the CLIENT with technologies, developments and innovations that
are being licensed from or by, third party entities. However,
AuAu Web .Design can make no warranty of any kind, either expressed
or implied, regarding the quality, accuracy, reliability or
validity for the application(s), data and/or information obtained
from or through AuAu Web .Design, or any other referred third
party, directly or indirectly, is at the risk of the CLIENT.
Payment of fees and penalties
The AuAu Web .Design accounting cycle begins on the
27TH of each month. Charges for new accounts are prorated. Changes
for terminating accounts are not prorated.
Service payments will be submitted in advance of receiving services.
The starting date of the billable period will be the earliest
of the day we receive the electronic order form, the day the
customer signs up via fax.
The CLIENT acknowledges that the client is responsible
to initiate a payment in order to renew the client’s service
once the original service-period was ended.
Payment is due at the beginning of each accounting cycle.
Delinquent accounts are those that remain unpaid 7 days (including
non business days) after the beginning of an accounting cycle.
Accounts that are delinquent are put into a "suspended
mode" and may not be accessible. Accounts that have been
in the “suspended mode” for 7 days will be terminated
and removed from the system.
The CLIENT acknowledges responsibility for the account
until payment in full is made.
There is a AU$45.00 service charge for each returned check.
Charity and promotional accounts are qualified for additional
discounts and special offers. PLEASE CONTACT US REGARDING DISCOUNTS.
The CLIENT will be charged for excessive bandwidth usage
(above the relevant allowance of the chosen service package).
It is the CLIENT’s responsibility to monitor the amount
of bandwidth of the client’s account, on a daily basis.
AuAu Web .Design has no obligation to warn the CLIENT regarding
the excessive bandwidth usage.
Mistreating our Services
AuAu Web .Design forbids the storage of illegal software,
the use of any type of IRC bot and/or proxy (including, but
not limited to, bnc and eggdrop), the storage and use of any
type of software intended for hacking/cracking purposes and
the storage or sale of bulk e-mail lists intended for spamming
or resale purposes.
Violations of any of the AuAu Web .Design conditions of use
are unethical and may be criminal offenses. The client is expected
to report to AuAu Web .Design any information concerning instances
in which the conditions of use have been violated.
When AuAu Web .Design becomes aware of possible violations,
we will initiate an investigation. At the same time, in order
to prevent additional unauthorised activity, AuAu Web .Design
may suspend access to services to the individual account in
question. Violations are subject to cancellations and/or criminal
prosecution.
Assignment
The rights and liabilities of the parties hereto will bind
and inure to the benefit of their respective successors, executors
and administrators, as the case may be, provided that the CLIENT
may not assign or delegate its rights and obligations under
his business relationships with AuAu Web .Design, either in
whole or in part, without the prior written consent of AuAu
Web .Design.
AuAu Web .Design may assign its rights and obligations
under this Agreement to a third party in connection with a merger,
consolidation, and sale of all or substantially all of AuAu
Web .Design assets or other corporate reorganization.
Governing Law
Any Agreement, arising from the business relationships between
AuAu Web .Design and CLIENT, will be governed by and construed
in accordance with the laws of the State of Queensland (AUSTRALIA),
without reference to its conflicts of laws principles.
The CLIENT agrees that any litigation or arbitration
between the parties will take place in the State of Queensland
(AUSTRALIA), and consent to personal jurisdiction and venue
in the State. If any provision of that Agreement is found by
a court of competent jurisdiction to be unenforceable for any
reason, the remainder of that Agreement will continue in full
force and effect.
Complete Understanding/Modification
These Terms & Conditions constitute the full and complete
understanding and agreement of the CLIENT AND AuAu Web .Design,
relating to the subject matter hereof, and supersede all prior
understandings, agreements, representations and warranties relating
to such subject matter. Any waiver, modification, or amendment
of any provision of this Terms & Conditions, initiated by
the CLIENT, will be effective only if accepted in writing and
signed by AuAu Web .Design.
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