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
- 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").
- Auzzie.Biz, as your web hosting service provider,
will supply Customer with a shared web
hosting solution. For all accounts, except
the 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.
- 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.
- Use of Auzzie.Biz services requires Customer
to be at least 18 years old.
- 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.
- This agreement supersedes any other oral
agreement between Auzzie.Biz and Customer.
- Any of the terms, prices or services offered
can be modified or updated with prior online
or email notification.
Customer Responsibility
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- Customer accepts liability resulting
from any breach of our AUP.
- 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
- 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.
- 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.
- 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
- Customer is responsible for maintaining
and creating their own online store unless prior arrangement has been made with Auzzie.Biz.
- 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.
- Customer is responsible for fulfilling
all the online store needs such as order
fulfillment, shipping, data security, etc.
- Customer is responsible for the security
of their customers' credit cards.
- 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)
- 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.
- 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.
- We take no responsibility for the content
or information contained on our customers'
websites or within their email.
Emergencies / Use Effecting Others
- 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.
- 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
- 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.
- 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).
- 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.
- 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
- This agreement may be terminated by either
party upon written notice of a breach of the
policies laid out in this service agreement.
- 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
- 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.
- 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.
- 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.
- 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.
- 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...
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