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1: DEFINITIONS
“Linknet” means Linknet Communications NSW Pty. Ltd. (ACN
105 220 399) and its successors in business, agents, administrators,
substitutes and permitted assigns. “Linknet ” also means
Linknet and its related bodies corporate.
These are the LINKNET Internet Service Providers (ABN 91 616 322 932)
Standard Webhosting Terms And Conditions for the supply of the LINKNET
Service offered from time to time on the LINKNET website ("the
Service"). These terms apply to you as a user of the Service ("client
or you"). Please read these terms and conditions carefully. It
is a condition of your use of the Service that you comply with these
terms and conditions.
Please look out for any amendments to these Terms and Conditions that
LINKNET ("we") might make in the future. From time to time
we will make amendments to them by giving you notice of the change under
“General Notices” on the Linknet Website at http://www.linknet.com.au
and you will then be obliged to comply with these terms and conditions
as amended or cease using the Service.
This agreement commences on the date of application and continues until
terminated in accordance with the provisions of this agreement. In this
agreement "Client Data" means all information, data, text,
logos, images, audio, movie clips and/or content that forms part of
the client's web sites or emails.
1: APPLICATION AND VARIATION OF THE TERMS
These terms and conditions are the terms on which we provide the Service
to you. These terms constitute the agreement in its entirety and supersede
prior agreements. We may modify these terms as applying to any agreement,
the pricing structure for any Service or the terms of the operation
by general notice on a page of the Internet referred to on the our home
page at http://www.linknet.com.au,
and any use after that publication will constitute an acceptance of
that modification.
2: SERVICE
2.1 We will assign the client a host address logon name and password
which will provide you with access to the directory created for your
site. We will provide the client with Webhosting and Email Services
as per the Web Hosting product you have selected.
2.2 We will advise you of any changes affecting your site via email
or by notice on a page of the Internet referred to on our home page
at http://www.linknet.com.au
2.3 Scheduled Maintenance must be performed to servers from time to
time. We will attempt to perform all scheduled maintenance at times
which will affect the least amount of customers. If scheduled maintenance
requires the Service to be off-line for more than 30 minutes we will
post details of the scheduled maintenance.
2.4 Unscheduled maintenance may need to be performed. If unscheduled
maintenance requires the Service to be off-line for more than 30 minutes,
we will post details of the event after the maintenance has been completed.
2.5 Archiving of Data - We will archive your data onto backup mechanisms
on a regular basis for the purposes of disaster recovery. In the event
of equipment failure or data corruption, we will restore from the last
known good archive. In the event of corruption of all of our archives,
or in the event that an old archive is used to restore data, you should
be prepared to upload your data to your web site. This process requires
that you maintain a recent copy of your data at your premises at all
times. We will not be liable for incomplete, out of date, corrupt or
otherwise deficient Client Data recovered from our backups.
2.6 Linknet may delete e-mail sent to or from You where;
2.6.1 individual messages are greater than a specified limit or mailboxes
exceed the specified quota.
2.6.2 messages remain on Linknet servers for more than 90 days.
2.6.3 individual message attachments contain viruses or have been mass
emailed (spam)
2.7 In contracting with us for the Services, you obtain no rights to
the hardware and other infrastructure and facilities used by us to deliver
the Service.
3: PAYMENT
3.1 You must pay for the Service as agreed from time to time. In particular
you must pay all set up fees, Service time charges, minimum charges
and other amounts incurred by you or any designated users or incurred
as a result of any use of your password (whether authorised or not)
in accordance with the prices published on our website. The Prices published
on our website are exclusive of GST unless otherwise noted and are exclusive
of any registration or delegation charges imposed by domain name authorities.
3.2 In addition you must provide and pay for; the installation and use
of telephone lines and all other equipment needed to access the Service;
all government taxes, duties and levies (if any) imposed on either you
or us in respect of the Services or any other service or goods supplied.
3.3 You must pay all amounts billed in accordance with your billing
option. No credit terms are given to credit card accounts. Upon registration
of a credit card account, you give us authorisation to debit your credit
card and all subsequent cards issued in renewal of that card for all
charges. Your billing period is on a yearly cycle beginning when you
register. If you register after the 28th of each month, your billing
date becomes the first of the next month.
3.4. You consent to us obtaining from a credit reporting agency containing
personal information (as well as information concerning commercial creditworthiness
and activities) for the purpose of assessment by us of an application
for credit (whether commercial or personal) or for the purpose of the
collection of payments which are overdue. In accordance with the Privacy
Act 1988 we may report to a credit reporting agency that you are in
default of the trading terms of this agreement and/or because it was
necessary to hand over the account to a collection agency to obtain
payment.
3.5 No refunds of advance payments will be given under any circumstances.
4: WARRANTIES AND LIABILITIES
4.1 We do not warrant that; the Services provided under this agreement
will be uninterrupted or error free; the Services will meet your requirements
or; the Services will be free from external intruders (hackers) or other
persons having unauthorised access to our Services or systems.
4.2 Except as expressly provided to the contrary in this agreement,
all warranties whether expressed, implied, statutory or otherwise, relating
in any way to the subject matter of this agreement, are excluded. Where
any statute implies in this agreement any term, and that statute avoids
or prohibits provisions in a contract excluding or modifying the application
of or liability under such a term, then the term will be taken to be
included in this agreement. However, our liability for any breach of
the term will, if permitted by that statute be limited, at our option,
to the resupply of the Services again; or payment of the cost of having
the Services supplied again.
4.3 Except under clause 4.2, we will not be liable to you for; any loss
or damage in respect of the provision or use of the Services; any costs,
claims, loss or damage of any kind resulting from your fraudulent, negligent
or otherwise unlawful behaviour; any costs, claims, loss or damage arising
from any information, Client Data, other data or material provided to
us by you or on your behalf.
4.4 You warrant that; at the time of entering into this agreement you
are not relying on any representation made by us which has not been
stated expressly in this agreement, or on any descriptions or specifications
contained in any other document, including any catalogues or publicity
material which we have produced; you will conduct such tests and computer
virus scanning as may be necessary to ensure that Client Data uploaded
by you onto or downloaded by you from the server does not contain any
computer virus and will not, in any way, corrupt the data or systems
of any person; you will keep secure any passwords used to upload Client
Data to the Server and; you hold and will continue to hold the copyright
in the Client Data or that you are licensed and will continue to be
licensed to use the Client Data.
4.5 You accept responsibility for all Client Data, information and material
you issue over any Service, and indemnify us and hold us harmless against
any liability in relation thereto. In particular you undertake that
you shall not publish or issue any Client Data or information which
is illegal or defamatory. You also acknowledge that we do not vet or
approve any Client Data, information or material available through the
Service and that we do not accept any liability. You access and use
such Client Data, information and material at your own risk.
4.6 You agree to abide by our Acceptable Use Policy.
4.7 You are solely responsible for dealing with persons who access the
Client Data, and must not refer complaints or inquiries in relation
to such data to us.
4.8 Except as provided in clause 4.2. we are not liable to you or any
other person for; any cost, loss or liability (including loss of profit
or other consequential damage) arising from our supply or failure or
delay in supplying the Service; the content, context or confidentiality
of any communications made using the Service; loss or damage caused
by third party software applications forming part of the Service.
4.9 You indemnify us against all costs, expenses, loss or liability
that we may suffer (directly or indirectly) resulting from; your breach
of these terms; your use or misuse of the Service; the use or misuse
of the Service by any person using your account and; publication of
defamatory, offensive or otherwise unlawful material on any web site
forming part of your Service.
5: SUSPENSION OF SERVICE
5.1 We may from time to time without notice suspend the Service or disconnect
or deny your access to the Service; during any technical failure, modification
or maintenance involved in the Service provided that we will use reasonable
endeavours to procure the resumption of the Services as soon as reasonably
practicable; if you fail to comply with any agreement (including failure
to pay charges due) until the breach (if capable of remedy) is remedied,
or do, or allow to be done, anything which in our opinion may have the
affect of jeopardising the operation of the Service. Notwithstanding
any suspension of any Service under this clause you shall remain liable
for all charges due throughout the period of suspension.
5.2 We may, without notice to you, remove, amend or alter Client Data
upon being made aware of: a. any claim or allegation or; any court order,
judgment, determination or other finding of a court or other competent
body, that the Client Data is illegal, defamatory, offensive or in breach
of a third party's rights.
5.3 We may end our agreement with you and cease providing Services for
any reason, on 30 days notice to you. You may close your account with
us on 30 days notice to us.
5.4 If your account is closed you must pay all outstanding charges immediately
and we may delete all Client Data from any storage media.
6: DOMAIN NAMES
6.1 If you have requested that we register a .com, .net, .org, .biz
or .info domain name on your behalf, you agree that you have read and
accept the TLD (Top Level Domains) Policy applicable to .com, .net,
.org, .biz and .info domain names issued by the registrar Melbourne
IT Limited located at URL: http://www.inww.com/policies/gtldtermcond.php3
You agree that you are aware of the consents, warranties and indemnity
you are required to give to register, maintain, transfer and renew your
domain name.
6.2 If you have requested that we register a .com.au domain name on
your behalf, you agree that you have read and accept the Domain Name
Allocation Policy applicable to .com.au domain names issued by the registrar
Melbourne IT Limited, located at URL http://www.inww.com/policies/comaupolicy.php3
6.3 You agree that in the event of a dispute in registering a domain
name or about a domain name after registration, Melbourne IT's Dispute
Policy and the Dispute Policy procedures, and any variations to them
from time to time bind us. You agree that by maintaining the registration
of a domain name after changes or modifications to the Dispute Policy
become effective, constitutes your continued acceptance of these changes
and modifications. You agree that in the event of a dispute you will
submit to the jurisdiction of the courts as provided in the Dispute
Policy. The Dispute Policy can be viewed at http://www.auda.org.au/policy/policy-overview/.
The Dispute Policy procedure can be viewed at http://www.auda.org.au/policy/policy-overview/
6.4 You agree that you must pay for any registration or delegation charges
imposed by Melbourne IT or any other domain name authorities in advance.
You understand that you cannot register a domain name without paying
for it in advance.
6.5 We make no representation and give no warranty about your chosen
domain name being available for registration or use by you.
6.6 You expressly authorise and direct us to; be nominated as authorised
billing contact for your domain name with the domain name registrar;
renew your domain name registration upon receipt of renewal notification
from the domain name registrar, and invoice you for the relevant charge
in accordance with our list price from time to time.
6.7 You indemnify us against all claims arising out of your registration
and use and renewal of registration of your chosen domain name.
7: MISCELLANEOUS
7.1 You grant to us a license to use and reproduce all Client Data in
order to fulfil our obligations under this agreement.
7.2 We may use subcontractors to fulfil any or all of our obligations
under this agreement.
7.3 A provision of, or a right created under this agreement, may not
be waived except in writing signed by the party granting the waiver,
or varied except in writing signed by the parties.
7.4 This agreement and the transactions contemplated by this agreement
are governed by the law in force in New South Wales.
7.5 You may not assign your rights and obligations under this agreement
without our prior written consent.
I hereby acknowledge that I have read and understood this the
Linknet Domain Hosting Terms and Conditions.
Signed by the customer: ________________________ Date: ___
/ ___ / ____
Printed Name: ___________________________________
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