Auzzie.Biz Domain Services

DebWeb & AUZZIE.BIZ Domain Services
PO Box 267, Lithgow NSW 2790

Revision Date: 01-Jan-2007

Web Hosting Policies:
All of our accounts are bound by our policies. Violation of these policies will result in warnings, account suspension, account termination, and/or legal action, depending on the severity of the violation. See also Policies & Legals

Terms of Services

1. This service agreement is between Auzzie.Biz Domain Services (hereinafter "Auzzie.Biz," "we," "our," or "us") and you, our customer (hereinafter "Customer," "you" or "your").
2. Auzzie.Biz, as your web hosting service provider, will supply Customer with a shared web hosting solution. For all accounts, except where we setup a dedicated server on your behalf, this solution will, at the very least, provide you with the selected amount of server or disk space to upload your website and an allocated amount of bandwidth transfer to allow for website connectivity. As your web hosting provider, we will make available various services and software for maintaining your website, as indicated on our website.
3. Upon paying for and using the hosting services provided by Auzzie.Biz, Customer indicates his/her agreement to the following terms and conditions, as outlined below. The use and or payment for Auzzie.Biz services constitute an agreement with these terms and conditions. If you do not agree with any of these policies, please contact our Support Department immediately.
4. Use of Auzzie.Biz services requires Customer to be at least 18 years old.
5. Auzzie.Biz requires that Customer information, as listed on the account signup form, is a complete and accurate representation of Customer contact details. Customer must be a valid representative of the entity or organization listed on Auzzie.Biz signup form.
6. This agreement supersedes any other oral agreement between Auzzie.Biz and Customer.
7. Any of the terms, prices or services offered can be modified or updated with prior online or email notification.

Customer Responsibility

1. Customer is responsible for uploading website files and/or providing and setting up any website content. Auzzie.Biz is not responsible for modifying or updating website material unless specifically requested by the Customer in writing. Auzzie.Biz may charge a fee for such services.
2. Customer is responsible for the content of any postings, data or transmissions. This responsibility is extended to any individuals or entities given access to the account by the customer. Customers are responsible for the maintenance and security of their unique system username and password. Any use of the system using the correct username and password will be deemed as authorised and charged to appropriate user's account. Where account holders allow third parties to use the service in their name, the account holder will be responsible for their activities.
3. While Auzzie.Biz will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.
4. Customer is responsible for updating and maintaining their contact information with Auzzie.Biz. Any changes to the customer contact information must be made using your Account Control Panel. Customer is responsible for ensuring that Auzzie.Biz is able to notify the customer for technical, billing or other issues or purposes deemed necessary by Auzzie.Biz to maintain the account. Please see our Billing Policies

Lawful Purpose

1. Auzzie.Biz reserves the right to refuse service to anyone in violation of our Acceptable Use Policy (AUP) or anyone using our networks or servers for unlawful purposes.
2. Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
3. Customer accepts liability resulting from any breach of our AUP.
4. Customer is responsible for making their end-users aware of all the policies of Auzzie.Biz and is responsible for any breach of those policies by their end-users, as laid out in our AUP.

Lawful use
Customers may not use our facilities and capabilities to conduct, or solicit the performance of, any illegal activity, or to conduct any other activity which infringes on the rights of us or any third party.

Inappropriate material
Our accounts may not host or handle material that contains nudity, pornography, adult material, obscenity, discriminatory/hate propaganda, "warez", hacking-related material, material which promotes the illegal distribution of software, or any material that results in reasonable complaints from other customers or third parties.

Australian Commonwealth law applies to Internet Content Hosts ("ICHs") and Internet Service Providers ("ISPs"), but not to content providers/creators or ordinary Internet users. The law requires Australian ISPs and ICHs to delete content from their servers (Web, Usenet, FTP, etc.) that is deemed "objectionable" or "unsuitable for minors" on receipt of a take-down notice from the government regulator, the Australian Broadcasting Authority ("ABA").

Australian State and Territory criminal laws apply to content providers/creators and ordinary Internet users. Some States/Territories have laws enabling prosecution of ordinary Internet users and other content providers for making available material that is deemed "objectionable" or "unsuitable for minors" and/or for downloading content that is illegal to possess. The particular provisions of these laws vary among the States and Territories.

Intellectual property rights
Customers may not upload or transmit any message, data, image or program that would violate the property rights of others. This includes the unauthorized transmission of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner.

Customers may not upload or transmit any information which is libelous or defamatory, or which violates or infringes on any right of privacy of any person.

Interference with service
There shall be no attempt to gain unauthorized access to our systems or accounts, disrupt service or network connectivity, misuse our facilities, or create fraudulent accounts.

Viruses
In the event that any virus or destructive element is found or furnished with any content, the customer will use their best efforts upon learning that such situation exists, to immediately eliminate the virus or destructive element. Customer will notify us as to the existence of any such virus or destructive element immediately upon discovery thereof, and we will have the right to take any steps we deem necessary to eliminate the virus or destructive element and to be reimbursed by the customer for its costs relating to any such commercially reasonable steps.

"Junk email" (SPAM, flames, and mail-bombs)
Our servers and our hosted domains may not be the source, intermediary, or destination address involved in the transmission of junk email, nor will they be listed in any junk email message. The use of our servers to send or relay junk email is prohibited.
We define "junk email" to be a mass unsolicited message in any medium. Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Any customer who is repeatedly flamed/mail-bombed or attracts such behavior will be asked to leave.

Our mailing list services are provided for use as discussion forums only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list.

Sub hosting
Our services are provided for end users only. No sub hosting or resale of any services, for fee or for free, is permitted without the express consent of us.

Resource usage
We do meter and limit site traffic (bandwidth) monthly, according to the web hosting plan you are on. If you exceed your allocated bandwidth during the current month, your account may be temporarily suspended. Please contact us to adjust your bandwidth requirements. Bandwidth is not billed, but is drawn from a common pool shared by all accounts. Accounts using more than 10GB per month may be subject to certain conditions.

CGI, FreeCGI, SSI, PHP, database services, and other CPU-intensive features utilize server CPU-time which is drawn from a common pool shared by all users on a particular system. Any site which monopolizes the CPU, causes disruption of service, or negatively impacts server performance will not be allowed. We reserve the right to immediately terminate any harmful CGI process.

Email accounts may not be used for permanent storage. Read mail (left on the server) is subject to removal after 30 days.

Any account which, due to extraordinary resource utilization, negatively impacts other customers, will be required to reduce resource utilization, or move to a dedicated server environment.

Technology Parameters

1. Customer is responsible for providing all telephone, computer, hardware and software equipment and services necessary to access Auzzie.Biz networks, systems and servers. Auzzie.Biz makes no assurances that the customer's equipment is compatible with its services.
2. Auzzie.Biz is not responsible for any service problems experienced due to the use of any programs, scripts or software that is not provided by Auzzie.Biz nor resides on Auzzie.Biz network, systems or servers.
3. Auzzie.Biz is not responsible for the correct functioning or trouble-shooting of any programs, scripts or software placed on our servers by the customer.

IP Address Ownership

Auzzie.Biz owns and maintains all IP addresses assigned to our hosting accounts. We reserve the right to change or move them with prior notice.

Electronic Commerce

1. Customer is responsible for maintaining and creating their own online store unless prior arrangement has been made with Auzzie.Biz.
2. Customer is responsible for ensuring that products or services sold or made available are not illegal, are accurately represented and that the content of the store and related offerings do not infringe the rights of others.
3. Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.
4. Customer is responsible for the security of their customers' credit cards.
5. Auzzie.Biz cannot be held liable for any disputed business transaction/s between our customers and their customers.

Website Accessibility

Customers website will made available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding the following circumstances:

• Scheduled maintenance and regular system repairs as initiated by Auzzie.Biz.
• Down time caused by circumstances beyond Auzzie.Biz control.
• Down time caused by circumstances not reasonably foreseeable by Auzzie.Biz such as (but not limited to) service problems experienced due to telecommunications or digital transmission links failures or interruptions, or general Internet failures or slow-downs.

Complaint Against Customer
(excluding Trademarks and Copyright complaints)

1. Generally speaking, unless Auzzie.Biz is issued a court order, or otherwise required by law, Auzzie.Biz will respond to third-party complaints or notices by submitting the information to Customer and asking Customer to respond appropriately. With few exceptions, we will not deactivate or delete customer accounts.
2. Auzzie.Biz does not proactively review the website content or email of our customers. In some situations, as outlined above or in our AUP, we will review website content or email to validate compliance with our AUP.
3. We take no responsibility for the content or information contained on our customers' websites or within their email.

Emergencies / Use Effecting Others

1. We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our customers, including but not limited to actions requiring us to deactivate your website, shut down our network, or review the content on your website to evaluate the reason for perceived behaviors.
2. In rare instances, we may need to completely delete your website because of some significant failure, security breach or other emergency. In such cases, we do our best to backup your website, but we cannot ever guarantee a full restore of your website.

Backup / Restore

1. Auzzie.Biz cannot guarantee that the contents of your website will never be deleted, or that a backup of your website will always be available.
2. We always RECOMMEND that our customers keep a local backup of their website/database. This means that all contents of a website should be copied to your local desktop computer and you should take steps to make a third backup (on tape, multiple floppies, another desktop, or elsewhere). A full backup of your account can be done via your cPanel.
3. Auzzie.Biz makes a full backup of each server, each night (starting around 12am, EST). We cannot guarantee a full restore of your website where it has been modified by the customer within the last 48 hours.
4. We charge an administrative fee to restore your website and it usually takes us approximately 24 to 48 hours to fulfill restore requests.

Customer privacy
We respect the privacy of its customers, and will not sell or trade the names and addresses of its customers. Auzzie.Biz does not require customers to be listed in a customer directory, however may list your web site on our index as a promotional aid to the customer.

We reserve the right to provide contact information upon request in matters relating to potential legal action, flagrant abuses, as required by law, or when appropriate contact information can not be found on the customer's web site.

Customer gives Auzzie.Biz consent to contact Customer directly, via Australia Post Mail, email or phone, regarding its services, for customer survey feedback, general announcements or other information that Auzzie.Biz may deem potentially important to Customer.

Please see our Privacy Policy

Criminal prosecution
There are numerous federal, state and international laws regulating the use of the Internet. We will not hesitate to initiate criminal prosecution and/or cooperate with government agencies relating to abuse of our services or systems.

Refusal of service
We reserve the right to refuse service to anyone at its sole discretion.

Promotional services and prices
We may cancel specials or promotions at any time for any reason. Prices are subject to change at any time, and prices are only guaranteed for the initial period of prepayment.

Billing, cancellation and overdue accounts
Please see our Billing Policies

Termination of Agreement

1. This agreement may be terminated by either party upon written notice of a breach of the policies laid out in this service agreement.
2. The termination is valid if either party breaches any policies laid out in this agreement and the breaching party fails to remedy the breach within two (2) weeks of receiving written notification of the breach or if either party is the subject of a filing of bankruptcy action in any court of competent jurisdiction, whether initiated by the party or adjudged against the party.

Limitations of Liability

1. Auzzie.Biz operates a shared hosting environment, which affords a cost-effective hosting option for our customers and introduces some risk that a customer could impact others.
2. We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data. Auzzie.Biz will endeavour to maintain security, however, we will not be responsible for events such as "hacking" or system failure, resulting in loss of e-mail or other data stored on our system.
3. We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where Auzzie.Biz must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
4. AUZZIE.BIZ MAKES NO WARRANTY, EXPRESS OR IMPLIED IN CONNECTION WITH ITS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. THE MAXIMUM LIABILITY OF AUZZIE.BIZ TO CUSTOMER FOR DAMAGES RELATING TO AUZZIE.BIZ'S FAILURE TO PROVIDE SERVICES SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID BY CUSTOMER TO AUZZIE.BIZ. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF AUZZIE.BIZ TO CUSTOMER FOR DAMAGES FOR ANY AND ALL OTHER CAUSES WHATSOEVER, AND CUSTOMER'S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID BY CUSTOMER TO AUZZIE.BIZ. IN NO EVENT SHALL AUZZIE.BIZ BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF AUZZIE.BIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, OR (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AUZZIE.BIZ SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.

Debra Morris

AUZZIE.BIZ Domain Services & DebWeb

See also...

• Web Hosting Policies
• Web Site Services - Terms & Conditions
• Billing Policy
• Privacy Policy
• Complaints Handling Policy
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