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TERMS & CONDITIONS
Last Updated 19 July 2006
This agreement is required to obtain and maintain a service with e-promo Web Solutions, herewith known as e-promo. It acts as protection for both e-promo and its customers, to prevent misunderstandings, and to provide the framework for a legal recourse in the event of a dispute or violation.
Once agreed on, this document will relate to all previous, current and future projects and services supplied by e-promo.
This contract supersedes any written, electronic, or oral communication you may have had with e-promo or any representative thereof, and constitutes the complete and total agreement between the parties.
Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with e-promo, at our discretion. Criminal or civil prosecution may result in extreme cases.
Financial Arrangements
a) Client agrees periodic contract as discussed with an e-promo representative during the documentation of your account. Accounts are payable as agreed to during contact documentation, and signifies such agreement by acknowledgement in account setup form or subsequent written agreement. A month is considered to be a calendar month. The date at which a new account becomes active shall be the date upon which client contract is signed.
b) Invoices are sent out via e-mail and an online version of the invoice is usually available for viewing and printing by the customer through our website
c) If an account is not paid in full within 30 days of the due date then e-promo have the right to suspend your account (without notice) until all payments have been received.
d) e-promo reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments. In such case e-promo is not responsible for saving or returning any data, files or directories stored on the server for/to the Client.
e) A reconnection fee of AU$40 may apply to any domain being reinstated past the date of suspension or cancellation.
f) e-promo reserve the right to decrease or increase charges at any time. Such increases will be advised at least two weeks prior to invoicing.
g) Bandwidth coverage fees will apply on accounts that exceed the data limits.
Reselling
A Client is not allowed to resell the storage and/or transfer services provided by e-promo unless the express permission of e-promo is sought.
Hardware, Equipment and Software
Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the e-promo's services. e-promo makes no representations, warranties or assurances that Client's equipment will be compatible with e-promo's services.
Age
Client certifies that he or she is at least 18 years of age.
Limited Liability
a) e-promo makes no warranties or representations of any kind for the services being offered. Client agrees not to hold e-promo responsible for any loss suffered as a result of using our services, including but not limited to loss from service delays or interrupted service, regardless of cause. e-promo agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate amount. Scheduled outages and account suspensions do not count towards the refund policy.
b) Client hereby agrees that any material submitted for publication by e-promo 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 or unethical materials and uses include, but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.
c) Client hereby agrees to indemnify and hold harmless e-promo from any claim resulting from Client's publication of material or use of those materials. e-promo may or may not give notice before deactivating the use of an account(s) which e-promo decides is an abusive or unethical use of, or a potentially illegal use of the Server account(s) or host server(s).
d) Under no circumstances, including negligence, shall e-promo, its officers, agents or anyone else involved in creating, producing or distributing e-promo's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use e-promo's Server services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance. Client maintains sole responsibility for data backups and restoration.
e) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
f) In the case of "Force Majeure" (as defined below), the e-promo will notify the Client at the earliest opportunity of the circumstances. "Force Majeure" will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of "Force Majeure".
"Force Majeure" means any event or thing outside e-promo's reasonable control, which directly or indirectly causes e-promo's Servers becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond e-promo's reasonable control, which causes a delay or ultimately a failure to perform e-promo's obligations under this Agreement.
Support
Customer agrees that e-promo is in no way responsible for support for editing or configuring of scripts, web pages, FTP transfer of files, problems that are the responsibility of the customer, or anything else that is not server specific related.
Acceptable Use
This Acceptable Use Policy (AUP) has been created by e-promo to promote the integrity, security and reliability of e-promo’s network, facilities, and customers.
a) The usage of e-promo services must comply with current laws and regulations including but not limited to regulations pertaining to copyright, license agreements and patents. PORNOGRAPHIC CONTENT & WAREZ SITES ARE STRICTLY PROHIBITED.
b) Mail Services: The following mail limits are designed to enable e-promo’s mail server to operate at optimal efficiency therefore ensuring that all e-promo clients receive the highest quality mail service possible.
The total size of all mailboxes for a given domain you can have on the e-promo server at any one is 100MB.
All mailboxes will be capped at 15 MB.
The maximum size of a single message will be set to 10 MB in line with the mailbox size. You will be able to receive a message up to 10 MB.
In order to maintain the performance of our mail server guarantee new mail can be received as well as service standards mail left on the server for more than 90 days may be deleted from the server.
Unacceptable Use of e-promo services by way of example but not limited to any action that:
a) Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity.
b). Deceptive or fraudulent practices.
c) Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
d) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
e) Sending unsolicited bulk messages (spam), via any means, including, but not limited to, email, instant messenger services, and newsgroup postings. e-promo reserves the right to determine in its sole discretion and based on the information available what constitutes spam as well as what measures are necessary in response to spamming complaints. Clients should be aware of the Australian Spam Act 2003. More information can be viewed via the following link - http://www.acma.gov.au/ACMAINTER.131684:STANDARD:1352160960:pc=PC_2008
f) The deliberate transmission of computer viruses, worms, trojan software, or other malicious programs.
g) Interfering with, disrupting, or denying service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
h) Attempting to gain unauthorized entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on someone else's site or network.
i) Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
j) Manipulate or bypass e-promo usage limits.
Termination
a) This Agreement may be terminated by either party, without cause, by giving the all involved parties 30 days written notice. Notwithstanding the above, e-promo may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.
b) In the event that it becomes necessary for e-promo to enforce the terms of this agreement e-promo shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
Acknowledgement and acceptance of this agreement is required for an account or contract to be setup at e-promo. By signing-up for hosting services you indicate that you have read and understand this service agreement in its entirety and agree to be bound by its content.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
The parties agree that this agreement shall be governed by and be interpreted according to the laws of the Commonwealth of Australia, and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the State of South Australia, Australia.
Student Package - 'special deal' (Education Package)
In addition to all terms and conditions specified within this document, the Student Package, sometimes known as Education Package is a limited time only deal with e-promo and all related external service vendors. All customer discounts given will cease at midnight 31 December 2006 unless extended by e-promo before this date. The discount on this package deal may be changed by e-promo at any time without notice for future subscriptions, customers already on a Student Package will be entitled to, and will be given, fourteen (14) days notice for any changes to the prices and/or services of this package made by e-promo and its vendors.
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