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TERMS AND CONDITIONS OF SERVICE

BETWEEN You

AND Aussie Site Seeing

By having Your website hosted by Aussie Site Seeing, You agree to the following Terms and Conditions of Service.

RECITALS

This is a legal agreement between You and Aussie Site Seeing.

The terms and conditions outlined below are designed to protect and benefit all clients. In particular, the terms and conditions attempt to ensure that the Servers are used only for legal and appropriate purposes, and that no client uses an "unfair" proportion of system resources.

Before placing Your website on Servers operated by Aussie Site Seeing, You must read the Agreement and accept its terms and conditions.

If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT place a website, or any part of a website, on Servers operated by Aussie Site Seeing.

DEFINITIONS

"Account" means all aspects of the Service provided to you under this Agreement.
 

"Agreement" means these Terms and Conditions of Service.

"Claim" means any action, claim, demand, cost, loss, damage, (whether special, indirect, consequential, general or any other damage), expense or other liability (including for death and injury, and the costs of defending or settling any Claim) whether arising in contract, negligence or any other tortious action.

"Client" means any person to whom Aussie Site Seeing provides the Service.

"domain parking" means one or more domain names pointing to Your website, or any part of it.

"Force Majeure" means circumstances beyond the control of a party which includes (but is not limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, materials, breakdown of equipment and labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bars, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer), acts of war (declared or undeclared) or terrorism.

"Aussie Site Seeing", "we", "our" and "us" means Aussie Site Seeing (BN18568865)

"person" includes an individual, a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.

"Servers" means all Servers owned or operated by Aussie Site Seeing, and which You may access or use, pursuant to the Agreement or otherwise, as a result of Aussie Site Seeing providing the Service.

"Service" means the hosting of Your website and related services on Servers operated by Aussie Site Seeing, including access to Your website by You or any other person.

"website" includes all aspects of the Service (website, mail facilities, FTP access etc).

"You" and "Your" means the person who agrees with Aussie Site Seeing to have a website hosted on Servers operated by Aussie Site Seeing.

Order Details and Processing

You acknowledge that Your domain name (the web address of Your site) is fundamental to the setup of Your site. The domain name cannot be changed. If You need to change Your site's domain name then You will need to order a new web hosting account for the new domain and additional charges will apply.

You confirm that the details You have provided to Aussie Site Seeing when ordering Your web hosting account are complete and correct.

We reserve the right to decline Your order. If Your order is declined then we will refund Your associated payment (if any) within seven days.

Applications

In submitting your application to use the Service, you are stating that:

• all of the User Information is current, complete and accurate in all respects and does not contain any misleading information; and
• your business is a legitimate Australian business
• that you are authorised to submit the application on behalf of your business
• you are over the age of 18 years or, if you are under 18, you have parental permission to make the application and use the Service; and
• you will immediately notify Aussie Site Seeing if any of your User Information changes.
  

Conduct

You must not:

• access the websites of other Clients, other than in the course of ordinary, legal, business or consumer access;
• hinder the operation of our Servers in any way;
• attempt to access or list any files and/or directories that are not Your own;
• obtain, or attempt to obtain, any system information unless it is required to complete ordinary website management tasks.

Password Security

You are responsible (and Aussie Site Seeing is not liable for) any and all use of the Service which is made using your passwords whether or not use of the Service is made by you or someone else using your passwords. You are solely responsible for the security of your passwords and must not allow any other person to use them. You must keep confidential, all passwords created or used in relation to the Service.

You must not:

• make any password created or used in connection with the Service, available to the public or to groups of people; This includes POP, FTP and Telnet passwords.
• allow the public or any other groups of people to access any of Your accounts, other than as agreed by Aussie Site Seeing as this presents an unacceptable security risk.
• If your passwords are lost or stolen or you believe there has been unauthorised use of the Service using your passwords then you must notify Aussie Site Seeing immediately by e-mail.
  

Acceptable Content

Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, sex-industry-related, sexually explicit, gambling-related, threatening, hateful, obscene, racist, libelous, defamatory, highly controversial or which encourages unlawful behaviour.

This includes, any website or web page which contains depictions of nudity, material relating to hacking or any pirated software.

You must not use the Service for any illegal, unlawful or injurious purpose or to further any illegal, unlawful or injurious purpose;

You must not use the Service to propagate, disseminate or publish information which defames any person, company or other entity, or which breaches any confidence, or which contains any inappropriate language, contains language that any likely reader (including but not limited to the intended recipient) might find offensive, or which contains comments, statements or language that may be considered discriminatory or harassing by any likely reader or which contains anything which is obscene, indecent or otherwise offensive;

You must not use the Service to propagate, disseminate or publish any information that is protected by intellectual property laws, laws of privacy or publicity unless you are the owner of those rights or have all necessary authority to deal with those rights;

If we determine, at our sole discretion, that Your site contains any unacceptable content, or a link to any unacceptable content, we may cancel Your Service immediately, and without notice.

If a third party complains to us that Your website includes claims about that third party that are incorrect, libelous, defamatory or derogatory then we may, at our discretion, insist that the related website content be removed permanently from Your site, or we may remove such content ourselves without notice.

No Mirroring

You must not use Your website to mirror any material on any other website without the written permission of Aussie Site Seeing. Aussie Site Seeing has sole discretion to determine whether to grant permission to You to mirror another website. This permission will usually be declined unless the resources required are minimal.

No Web Cams

Your site must not contain any "Web Cam" content.

Submitting Site Details To Third Parties

You are welcome to submit Your site details to search engines, directories and other sites subject to the following restrictions:

• You must not submit the URL (web address) of any Free-For-All Link Page (or similar page or script) to automatic Free-For-All Link Page submission engines. If such an engine lists Your script or page and commences submissions to Your script or page, You must remove the script or page from Your site immediately.
• When providing Your site details to third parties you must specify the location of Your site using Your domain name only, and not Your site's IP address. For example, You may tell third parties that the location of Your site is www.you.com, or You.com, but must not specify the location of Your site using an IP-based format like: 1.2.3.4/you/ where 1.2.3.4 is Your site's IP address.

Additional Domains

You must not use any software or service to point additional domain names at Your website. This includes subdomains (such as subdomain.Yourdomain.com/) as well as standard domains (such as www.Yourdomain.com/).

If You require additional domain names to be pointed at Your website, You must obtain written permission from Aussie Site Seeing. Please contact us if You would like to obtain permission. If we agree to allow You to point additional domain names at Your website, a once-off setup fee is payable by You for each additional domain name parked on Your website.

You must not use the domain parking facility to host two or more different websites within a single hosting account. The domain parking facility can only be used when the additional domain name relates to exactly the same site content as the primary domain.

You must not use any script, software or service to redirect any visitor or significantly alter site content based on which domain name the visitor is accessing. For example, You cannot use a script to show visitors to a.com one set of pages or content, and show visitors to b.com a different set of pages or content.

Traffic Allowance

If, at our sole discretion, we decide that Your site has received more than the allotted amount of traffic in any calendar month then we may, at our sole discretion, either:

• charge You for all traffic in excess of the allotted amount at a rate of $4.00 per 100MB or part thereof; or
• remove Your website from our Servers immediately without notice.

You acknowledge and agree that Aussie Site Seeing has the sole right to determine when and where these provisions apply. Due to time constraints Aussie Site Seeing cannot analyze Your traffic patterns to determine the precise cause of Your high traffic, but You have access to Your site statistics and raw web logs so in most cases will be able to analyze Your traffic patterns Yourself if You so desire. You acknowledge that Aussie Site Seeing has no obligation to provide You with justification or data analysis to prove that excess traffic charges apply or to prove the size of the charges.

If we decide that Your site is likely to incur excess traffic charges for a given month we may, at our sole discretion, notify You via email of the estimated excess traffic charges for the month and insist that You place a deposit with us within 24 hours of our email message being sent. The amount of the deposit will be equal to our estimate of the excess traffic charges You will incur for the month. If such deposit is not made within 24 hours then Your website may be deactivated without notice.

Use of Disk Space

Your disk space is for Your use only. You may not resell or give away disk space to any third party without written permission from Aussie Site Seeing. You must not place "demonstration" versions of third party web pages on Your website without written permission from Aussie Site Seeing. That is, third party web pages must not be housed within Your site regardless of the reason, unless You have written permission from Aussie Site Seeing.

Aussie Site Seeing reserves the right to decide whether any pages on your site are in fact hosted for third parties.

You may not consume disk space with copies of web pages that are substantially the same. For example, You cannot automatically generate multiple copies of a single page and place all the copies on Your website.

Number of Files

There is a limit to the number of files which can be stored on Your website. The limit varies depending on which hosting plan You are on. You can have up to 5,000 files on our Hosting Plan 1, up to 10,000 files on our Hosting Plan 2, and up to 20,000 files on our Hosting Plan 3.

Large Files

Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. All files on Your web site must be less than 50 MB in size.

Database Size

The combined total size of Your MySQL, flat-file and other databases must not exceed 50 Mb. If more than 50 Mb of disk space is used for these databases, we may, at our sole discretion, either:

• Charge You for the amount of disk space used in excess of 50MB at the usual excess disk space prices advertised on our website;
• Insist that the database size be reduced to less than 50 MB within 24 hours;
• Decline to host the database and remove it from our servers. Wherever feasible at least 24 hours notice will be provided before the database is removed.

Virus Scanning

Aussie Site Seeing scans incoming and outgoing messages for viruses. However Aussie Site Seeing does not guarantee that every message will be scanned, or that every virus will be detected and removed. Additionally, Aussie Site Seeing reserves the right to remove attachments from incoming and outgoing email messages if there is any indication that the attachment is, or might be, infected with a virus.

Our virus scanning facilities provide a high level of protection against viruses but you acknowledge and agree that you are solely responsible for protecting your property and email accounts from virus threats.

Backups

Aussie Site Seeing will backup Your website regularly. These backups are intended to provide protection in case of any failure with the Service.

Our backup facilities are not intended to enable individual clients to revert to older versions of files on their sites, but if You require data to be restored from backup then we can do that for You if we have access to suitable backup versions of the relevant files, however charges will apply.

Backing up your files is very important. Please make backups offline on your own in case your account files are lost due to account termination, any other reasons and/or factors beyond the control of Aussie Site Seeing.

We strongly encourage You to keep a backup of Your site on Your home or office computer.

Site Statistics

We provide regular statistical reports about traffic to Your website. You agree that we are entitled to remove historic data from these reports as we see fit. If You want to keep a full history of the traffic to your site You will need to save an offline copy of Your reports at least once every three months.

Mail Services

All mailboxes are limited to 20 MB in size. You must set Your mail software to delete each message from the server within three days of downloading it.

Aussie Site Seeing will remove without notice any messages that have been in Your mailbox(es) for more than 120 days.

If You set Your mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must be greater than 15 minutes.

Aussie Site Seeing reserves the right to limit the size of messages accepted by our Servers. That is, messages that are deemed to be too large may be bounced by our Servers. This size limit is currently set to 10 MB but may be changed by us from time to time at our sole discretion.

Mailing Lists

If You operate at least one email-based mailing list via the Service, the total number of subscribers to all of Your mailing lists must not exceed 1,000. The total number of messages sent and received via Your mailing lists in any week must not exceed 5,000. Please note that these mailing list limits apply on a per-site basis, not a per-list basis.

Providing Mail Services for Third Parties

You must not provide mail services to Your site visitors (or other third parties) if those mail services use our mail systems to send, receive, store or access email messages on behalf of Your site's visitors (or other third parties).

Spam (Unsolicited Email)

You must not send unsolicited email messages from a Aussie Site Seeing server.

You must not use an email address or domain name that is hosted by Aussie Site Seeing to send unsolicited email messages.

If You breach these conditions we may immediately terminate the Service without notice.

Sites Advertised Through SPAM
(Unsolicited Email) or Unsolicited Newsgroup Advertisements

You must not use Aussie Site Seeing Servers, directly or indirectly, to advertise Your website in any unsolicited email, or an unsolicited newsgroup placement. Such advertisements are usually considered unethical by the internet community.

If we determine, at our sole discretion, that You are, or have been, in breach of this clause we may cancel the Service immediately without notice.

Short Message Service (SMS) Facilities

If You decide to use our Short Message Service (SMS) facilities then You acknowledge and agree that:

• Each SMS message sent will cost You one "SMS credit". Your website will be allocated three free SMS credits. After those credits are used, You will need to purchase further SMS credits from us, at our prevailing prices, in order to use the SMS facilities we provide;
• Unless otherwise stated, SMS credits expire after 12 months. That is, from the date you purchase them, you have 12 months to use them or they will automatically expire without refund;
• We have the sole right to determine how many SMS credits You have consumed, and to determine how many SMS credits remain available to You;
• You are solely responsible for ensuring that You have sufficient SMS credits in Your account to cover the charges for any SMS messages You wish to send;
• SMS messages will not be delivered to You if You do not have sufficient SMS credits available;
• Our systems will determine whether our over-the-air transmission of each SMS is successful. If we determine that the message was sent successfully over-the-air then an SMS credit will be deducted from Your account, whether or not You actually received the message. This is necessary because it is possible for an SMS message to leave our network successfully, but fail to reach You due to problems beyond our control, such as a problem with Your phone or a problem with Your cellphone or mobile phone service. Given that we incur the expense of sending each SMS the moment it successfully leaves our network, an SMS credit will be deducted from Your account in all cases where the message exits our network successfully;
• We are not responsible in any way, shape or form, for any damage or inconvenience to You or any other party, as a result of any SMS message failing to reach its destination (usually Your phone);
• While we strive to maximize the reliability of our SMS service and provide these services in good faith, we rely on third-party providers for message delivery and therefore make no guarantee about the reliability or performance of our SMS services;
• We have a comprehensive worldwide SMS coverage area but make no guarantee that any particular network will be able to receive messages from our service. We provide three free SMS credits on each website so that You can determine whether SMS messages can be sent successfully to Your phone before needing to purchase SMS credits.

Resource-Intensive Programs

If You install and run a resource-intensive program on our Servers we may, at our sole discretion:

• Charge You an additional monthly amount; or
• Halt and/or prohibit the execution of the program

We do not allow background processes, cron jobs or daemons to be run

Prohibited Scripts

We reserve the right to disallow installation and/or execution of any script if the script contains at least one security fault, programming fault, or is too resource intensive.

The "Matt's Script Archive" version of "FormMail" (written by Matt Wright) is banned on our servers because it can be easily exploited by spammers. Additionally, any scripts which are based on Matt Wright's FormMail code are banned on our servers. However please note that an alternative, secure, version of FormMail can be installed easily through our Control Panel. The alternative version of FormMail is a drop-in replacement for the Matt's Script Archive version of FormMail so will work with forms written for the Matt's Script Archive version of FormMail.

Chat Rooms and IRC

Chat rooms tend to monopolise system resources and for that reason You must not install chat rooms, IRC-related software on our Servers.

Domain Name Registration

Domain name registration fees are not included in our prices unless we explicitly state otherwise (for example, as part of a special offer).

If Your domain name has not been registered yet, You will be responsible for handling the registration process and paying the necessary registration fees to Your registrar. Aussie Site Seeing will, however, be happy to provide You with the technical details required to register Your domain name.

If Your domain name has already been registered we will not submit the domain name transfer request for You, but will provide You with the name server information You need to arrange the transfer Yourself.

If You require Your domain name to be changed, additional setup fees will be charged.

Technical Support

We will provide technical support in relation to the Service. Please note that we are generally unable to provide assistance with site content (as opposed to web hosting) issues including, but not limited to, debugging CGI scripts and HTML code. All technical support is provided via email and/or our online Support Request Form at our discretion.

Notice

You agree to correspond with Aussie Site Seeing via email or our Support Request Form. If Aussie Site Seeing needs to contact You for any reason we will do so via email.
You agree to notify us promptly of any changes to Your email address or other contact details.
Additional Conditions for Specials
If You purchase Your account in response to a special offer advertised by us (such as a discounted web hosting plan), then additional and/or alternative terms and conditions may apply. Details of such additional and/or alternative terms and conditions are disclosed on the relevant pages on our website (that is, on the pages which outline the details of the special offer You have chosen) and form part of this Agreement. If the additional and/or alternative terms and conditions are inconsistent with this document, then the affected clauses in the additional and/or alternative terms and conditions will override the conflicting clauses in this document.

Billing Cycle, Invoices and Payments
Hosting - Our hosting billing cycle is monthly in advance with an additional one months hosting fees held as a deposit. Our billing cycle starts on the 28th of each month and invoices are sent out via email on the 14th of each month. Your initial invoice is due prior to your account being created and will include:- a pro-rata amount up to the 27th of the next billing cycle, the setup fee and the deposit payment.

• Initial invoice is payable prior to your account being created
• Billing cycle is monthly in advance 28th of the month to the 27th of the following month
• Additional deposit equivelent to one months hosting fee is required in advance
• Set-up fee is required in advance
• A pro-rata amount is included in first invoice if necessary
• Pro-rata amount is calculated on a daily basis from date of account setup to beginning of billing cycle (28th of each month)
• I