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Terms & Conditions
The
first step to order one of our services is to read the contract
terms below. Please read this contract carefully.
I. Financial Arrangements:
1. The Customer agrees to a minimum contract, based upon the plan
selected, beginning upon commencement of service.
2. Payment for hosting over the minimum contract term plus a
non-refundable set up charge, if any, shall be due upon receipt of
contract.
3. Payment will appear on credit card as "Oceania Web Hosting
Aust".
4.
Customer may terminate contract within 30 days from submitting their
application for hosting services. Upon termination within the 30 day
period the customer will receive a full refund of monies paid for
hosting services. Set-up fee is not refundable.
II. Taxes:
1. appHosting.com Pty Limited shall not be liable for any taxes or
other fees to be paid in accordance with or related to sales made
from the Customer using appHosting.com's server. The Customer agrees
to take full responsibility for all taxes and fees of any nature
associated with such products sold by the Customer.
III. Material and Products:
1. Use of appHosting.com's service requires a certain level of
knowledge in the use of Internet languages, protocols, and software.
This level of knowledge varies depending on the anticipated use and
desired content of the Customer's Webspace by the Customer. The
following examples are offered: Web Publishing: requires a knowledge
of HTML, properly locating and linking documents, FTPing Webspace
contents, Graphics, text, Sound, imagemapping, etc.
2. The Customer agrees that he or she has the necessary knowledge to
create the Customer's Webspace. The Customer agrees that it is not
the responsibility of appHsoting.com to provide this knowledge or
Customer Support outside of the defined service of appHosting.com.
3. appHosting.com will exercise no control whatsoever over the
content of the information passing through the network.
appHosting.com makes no warranties or representations of any kind,
whether expressed or implied for the service it is providing.
appHosting.com also disclaims any warranty of merchantability or
fitness for particular purpose and will not be responsible for any
damages that may be suffered by the Customer, including loss of data
resulting from delays, non-deliveries or service interruptions by
any cause or errors or omissions of the Customer. Use of any
information obtained by way of appHosting.com is at the Customer's
own risk, and appHosting.com specifically denies any responsibility
for the accuracy or quality of information obtained through its
services. Connection speed represents the speed of a connection to
and do not represent guarantees of available end to end bandwidth.
appHosting.com expressly limits its damages to the Customer for any
non-accessibility time or other down time to the pro- rata monthly
charge during the system unavailability. appHosting.com specifically
denies any responsibilities for any damages arising as a consequence
of such unavailability. In the event that this material is not
"Server-ready", appHosting.com may, at its option and at
any time, reject this material, including but not limited to after
it has been put on appHosting.com. appHosting.com agrees to notify
the Customer immediately of its refusal of the material and afford
the Customer the opportunity to amend or modify the material to
satisfy the needs and/or requirements of appHosting.com. If the
Customer fails to modify the material, as directed by appHosting.com, within a reasonable period of time, which shall be
determined between the parties themselves, the Agreement shall be
deemed to be terminated.
IV. Trademarks & Copyrights:
1. The Customer warrants that it has the right to use the applicable
trademarks, if any.
V. Hardware, Equipment & Software:
1. The Customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary to
access appHosting.com's servers. appHosting.com makes no
representations, warranties or assurances that the Customer's
equipment will be compatible with the appHosting.com Hosting
service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
1. The Customer may not use appHosting.com servers for the purpose
of MASS Electronic Junkmail. The Customer may not use appHosting.com
servers for excessive computation time inappropriate for Internet
Web servers. The Customer may not install in her/his account any
program which presents a security problem on that server.
appHosting.com reserves the right to immediately cancel any service
account which is causing a disruption of services for other
customers. Electronic forums such as mail distribution lists and
Usenet news groups all have expectations regarding subject area and
appropriate etiquette for posting. Users of these forums should be
considerate of the expectations and sensitivities of others on the
network when posting material for electronic distribution. The
network resources of appHosting.com may not be used to impersonate
another person or misrepresent authorization to act on behalf of
others or appHosting.com. All messages transmitted via
appHosting.com should correctly identify the sender; users may not
alter the attribution of origin in electronic mail messages or
posting. Users must not attempt to undermine the security or
integrity of computing systems or networks and must not attempt to
gain unauthorized access.
VIII. Termination:
1. This Agreement may be terminated by either party, without cause,
by giving the other party 30 days written notice. Notice must be
made by mail or electronic mail. appHosting.com will not accept
terminations over the telephone. Notwithstanding the above,
appHosting.com may terminate service under this Agreement at any
time, without penalty, if the Customer fails to comply with the
terms of this Agreement, including non-payment. appHosting.com
reserves the right to charge a reinstatement fee.
IX. Limited Liability:
1. The Customer expressly agrees that use of appHosting.com Server
is at the Customer's sole risk. Neither appHosting.com, nor its
employees, affiliates, agents, third party information providers,
merchants licensers or the like, warrant that appHosting.com's
Server service will not be interrupted or error free; nor do they
make any warranty as to the results that may be obtained from the
use of the Server service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided through the appHosting.com Server service, unless otherwise
expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall
appHosting.com, its officers, agents or anyone else involved in
creating, producing or distributing appHosting.com's Server service
be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or inability to
use the appHosting.com Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation, or transmission or any failure of
performance, whether or not limited to acts of God, communication
failure, theft, destruction or unauthorized access to
appHosting.com's records, programs or services. The Customer hereby
acknowledges that this paragraph shall apply to all content on
appHosting.com's Server service.
3. Notwithstanding the above, the Customer'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 the Customer paid during the term of this
Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
1. The Customer may only use appHosting.com Server for lawful
purpose. Transmission of any material in violation of any Federal,
State or Local regulation is prohibited. This includes, but is not
limited to copyrighted material, material legally judged to be
threatening or obscene, pornographic, profane, or material protected
by trade secrets. This also includes links or any connection to such
materials.
XI. Indemnification:
1. The Customer agrees that it shall defend, indemnify, save and
hold appHosting.com harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorneys' fees,
("Liabilities") asserted against appHosting.com, its
agents, its customers, servants officers and employees, that may
arise or result from any service provided or performed or agreed to
be performed or any product sold by the Customer, its agents,
employees or assigns. The Customer agrees to defend, indemnify and
hold harmless appHosting.com against Liabilities arising out of (i)
any injury to person or property caused by any products sold or
otherwise distributed in connection with World appHosting.com's
Server; (ii) any material supplied by the Customer infringing or
allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which
the Customer sold on the appHosting.com Server.
XII. Contract Revisions:
1. Revisions to this Contract will be applicable to previous
Contracts. Revisions will be considered agreed to by the Customer on
renewal of appHosting.com. Services as specified in Section I.
Financial Arrangements.
XIII Transfer:
1. The Customer may not transfer this agreement without the written
consent of appHosting.com.
This Agreement constitutes the entire understanding of the parties.
Any changes or modifications to this Contract thereto are agreed to
by both parties upon renewal of services.
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NO SPAM! Spam is flooding the Internet with many copies of the same
message, in an attempt to force the message on people who would not
otherwise choose to receive it. DO NOT sign up for an account if you
intend to use it for MASS ELECTRONIC JUNK MAIL.
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NO ADULT SITES! appHosting.com servers may not be used to publish
Adult Materials or lists of links to such materials. DO NOT sign up
for an account if you intend to use it for an ADULT SITE.
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