OZEWEB agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Aussie Sites Service constitutes acceptance and agreement to Aussie Site's AUP as well as Aussie Site's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Aussie Sites and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Aussie Sites shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Payments are due on the anniversary date of the month for that month's service. Upon failure to meet payment deadline, Aussie Sites reserves the right to terminate all services on the user’s account, or may turn the account over to an outside collection agency for collection where you agree to pay an outside fee to retrieve your account.
4. Refund and Disputes: All payments to Aussie Sites are nonrefundable. If you dispute a charge to your credit card issuer that, in Aussie Sites sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Aussie Sites an "Administrative Fee" of not less than $30 and not more than $50.
5. Account Cancellation: All requests for canceling accounts must be emailed to email@example.com on or before day of cancelation.
6. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
7. Transfer/Register of Domains: All new web hosting accounts involving new domains/transfers will be set up and entered into our DNS servers within 3 to 5 business days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the new domain is registered by the account holder, there will be no handling fee. However, you may have Aussie Sites register a domain name for you, registered under Aussie Sites for a fee of $25 US per year. If the customer cancels service during the domain subscription period for any reason, all charges are considered earned. The domain registration fee of $25 is subject to change.
8. Support Boundaries: Aussie Sites, provides free technical support to our subscribers. The following is our guidelines when providing support: Aussie Sites provides support related to your accounts physical functioning. Aussie Sites does not offer tech support for application specific issues such as cgi programming, html or any other such issue. If you can email, we encourage you to email firstname.lastname@example.org for assistance.
SPAM and Unsolicited Commercial Email (UCE): Aussie Sites takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Accounts caught sending unsolicited, as defined Aussie Sites*, email/usenet postings, either through our servers or to promote a web site on our servers or to promote a White Lake Web/Affordable Host affiliate link, will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed.
*Unsolicited is defined, by Aussie Sites as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.
9. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Aussie Sites Network. Violations of system or network security may result in civil or criminal liability. Aussie Sites will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
• Taking any action in order to obtain services to which such User is not entitled.
10. Notification of Violation:
a. Aussie Sites is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Aussie Sites determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Aussie Sites discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that Aussie Sites determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
11. Suspension of Service or Cancellation: Aussie Sites reserves the right to amend its policies at any time. All sites on Aussie Sites must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
12. Responsibility for Content: You, as Aussie Sites customer, are solely responsible for the content stored on and served by your Aussie Sites server.