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Ozebiz Web Hosting Services
Terms & Conditions
These are the OZEBIZ Index Pty Limited (ACN 091 734 566) Standard Terms And
Conditions for the supply of the OZEBIZ Service offered from time to time on the
OZEBIZ website ("the Service"). These terms apply to you as a user of the
Service ("client or you"). Please read these terms and conditions carefully. It
is a condition of your use of the Service that you comply with these terms and
conditions.
Please look out for any amendments to these Terms and Conditions that OZEBIZ
("we") might make in the future. From time to time we will make amendments to
them by giving you notice of the change and you will then be obliged to comply
with these terms and conditions as amended or cease using the Service.
This agreement commences on the date of application and continues until
terminated in accordance with the provisions of this agreement. In this
agreement "Client Data" means all information, data, text, logos, images, audio,
movie clips and/or content that forms part of the client's web sites or emails.
1. Application and Variation of these Terms
These terms and conditions are the terms on which we provide the Service to you.
These terms constitute the agreement in its entirety and supersede prior
agreements. We may modify these terms as applying to any agreement, the pricing
structure for any Service or the terms of the operation by general notice on a
page of the Internet referred to on the our home page at www.ozebiz.com.au, and
any use after that publication will constitute an acceptance of that
modification.
2. Service
2.1 We will assign the client a logon name ("VS number") and password which will
provide you with access to the directory created for your site. We will provide
the client with Webhosting and Email Services as per the Web Hosting product you
have selected.
2.2 We will advise you of any changes affecting your site via email or by notice
on a page of the Internet refered to on our home page at www.ozebiz.com.au
2.3 Scheduled Maintenance must be performed to servers from time to time. We
will attempt to perform all scheduled maintenance at times which will affect the
least amount of customers. If scheduled maintenance requires the Service to be
off-line for more than 30 minutes we will post details of the scheduled
maintenance.
2.4 Unscheduled maintenance may need to be performed. If unscheduled maintenance
requires the Service to be off-line for more than 30 minutes, we will post
details of the event after the maintenance has been completed.
2.5 Archiving of Data - We will archive your data onto backup mechanisms on a
regular basis for the purposes of disaster recovery. In the event of equipment
failure or data corruption, we will restore from the last known good archive. In
the event of corruption of all of our archives, or in the event that an old
archive is used to restore data, you should be prepared to upload your data to
your web site. This process requires that you maintain a recent copy of your
data at your premises at all times. We will not be liable for incomplete, out of
date, corrupt or otherwise deficient Client Data recovered from our backups.
2.6 The Service is provided by us from our datacentres in Australia. We will
determine in our absolute discretion from time to time the datacentre location
from which your Service is provided.
2.7 In contracting with us for the Services, you obtain no rights to the
hardware and other infrastructure and facilities used by us to deliver the
Service.
3. Payment
3.1 You must pay for the Service as agreed from time to time. In particular you
must pay all set up fees, Service time charges, minimum charges and other
amounts incurred by you or any designated users or incurred as a result of any
use of your password (whether authorised or not) in accordance with the billing
option selected. Prices published on our website are exclusive of any government
taxes or charges unless otherwise noted and are exclusive of any registration or
delegation charges imposed by domain name authorities.
3.2 In addition you must provide and pay for: a. the installation and use of
telephone lines and all other equipment needed to access the Service; and b. all
government taxes, duties and levies (if any) imposed on either you or us in
respect of the Services or any other service or goods supplied.
3.3 You must pay all amounts billed in accordance with your billing option. No
credit terms are given to credit card accounts. Upon registration of a credit
card account, you give us authorisation to debit your credit card and all
subsequent cards issued in renewal of that card for all charges. Your billing
period is on a monthly cycle beginning when you register. If you register after
the 28th of each month, your billing date becomes the first of the next month.
3.4. You consent to us obtaining from a credit reporting agency containing personal
information (as well as information concerning commercial creditworthiness and
activities) for the purpose of assessment by us of an application for credit
(whether commercial or personal) or for the purpose of the collection of
payments which are overdue. In accordance with the Privacy Act 1988 we may
report to a credit reporting agency that you are in default of the trading terms
of this agreement and/or because it was necessary to hand over the account to a
collection agency to obtain payment.
3.5 No refunds of advance payments will be given under any circumstances.
4. Warranties and Liabilities
4.1 We do not warrant that: a. the Services provided under this agreement will
be uninterrupted or error free; or b. the Services will meet your requirements
or c. the Services will be free from external intruders (hackers) or other
persons having unauthorised access to our Services or systems.
4.2 Except as expressly provided to the contrary in this agreement, all
warranties whether express, implied, statutory or otherwise, relating in any way
to the subject matter of this agreement, are excluded. Where any statute implies
in this agreement any term, and that statute avoids or prohibits provisions in a
contract excluding or modifying the application of or liability under such a
term, then the term will be taken to be included in this agreement. However, our
liability for any breach of the term will, if permitted by that statute be
limited, at our option, to the resupply of the Services again; or payment of the
cost of having the Services supplied again.
4.3 Except under clause 4.2, we will not be liable to you for: a. any loss or
damage in respect of the provision or use of the Services, b. any costs, claims,
loss or damage of any kind resulting from your fraudulent, negligent or
otherwise unlawful behaviour, c. any costs, claims, loss or damage arising from
any information, Client Data, other data or material provided to us by you or on
your behalf.
4.4 You warrant that: a. at the time of entering into this agreement you are not
relying on any representation made by us which has not been stated expressly in
this agreement, or on any descriptions or specifications contained in any other
document, including any catalogues or publicity material which we have produced;
b. you will conduct such tests and computer virus scanning as may be necessary
to ensure that Client Data uploaded by you onto or downloaded by you from the
server does not contain any computer virus and will not, in any way, corrupt the
data or systems of any person; c. you will keep secure any passwords used to
upload Client Data to the Server and d. you hold and will continue to hold the
copyright in the Client Data or that you are licensed and will continue to be
licensed to use the Client Data.
4.5 You accept responsibility for all Client Data, information and material you
issue over any Service, and indemnify us and hold us harmless against any
liability in relation thereto. In particular you undertake that you shall not
publish or issue any Client Data or information which is illegal or defamatory.
You also acknowledge that we do not vet or approve any Client Data, information
or material available through the Service and that we do not accept any
liability. You access and use such Client Data, information and material at your
own risk.
4.6 You agree to abide by our Acceptable Use Policy.
4.7 You are solely responsible for dealing with persons who access the Client
Data, and must not refer complaints or inquiries in relation to such data to us.
4.8 Except as provided in clause 4.2. we are not liable to you or any other
person for:- a. any cost, loss or liability (including loss of profit or other
consequential damage) arising from our supply or failure or delay in supplying
the Service; b. the content, context or confidentiality of any communications
made using the Service, c. loss or damage caused by third party software
applications forming part of the Service.
4.9 You indemnify us against all costs, expenses, loss or liability that we may
suffer (directly or indirectly) resulting from: a. your breach of these terms, b. your use or misuse of the Service and c. the use or misuse of the Service by any person using your account,
d. publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your Service.
5. Suspension of Service
5.1 We may from time to time without notice suspend the Service or disconnect or
deny your access to the Service: a. during any technical failure, modification
or maintenance involved in the Service provided that we will use reasonable
endeavours to procure the resumption of the Services as soon as reasonably
practicable; or b. if you fail to comply with any agreement (including failure
to pay charges due) until the breach (if capable of remedy) is remedied, or do,
or allow to be done, anything which in our opinion may have the affect of
jeopardising the operation of the Service. Notwithstanding any suspension of any
Service under this clause you shall remain liable for all charges due throughout
the period of suspension.
5.2 We may, without notice to you, remove, amend or alter Client Data upon being
made aware of: a. any claim or allegation; or b. any court order, judgment,
determination or other finding of a court or other competent body, that the
Client Data is illegal, defamatory, offensive or in breach of a third party's
rights.
5.3 We may end our agreement with you and cease providing Services for any
reason, on 30 days notice to you. You may close your account with us on 30 days
notice to us.
5.4 If your account is closed you must pay all outstanding charges immediately
and we may delete all Client Data from any storage media.
6. Domain Names
6.1 If you have requested that we register a .com, .net, .org, .biz or .info
domain name on your behalf, you agree that you have read and accept the TLD (Top
Level Domains) Policy applicable to .com, .net, .org, .biz and .info domain
names issued by the registrar Melbourne IT Limited located at URL:
http://www.inww.com/policies/gtldtermcond.php3
You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.
6.2 If you have requested that we register a .com.au domain name on your behalf,
you agree that you have read and accept the Domain Name Allocation Policy
applicable to .com.au domain names issued by the registrar Melbourne IT Limited,
located at URL http://www.inww.com/policies/comaupolicy.php3.
6.3 You agree that in the event of a dispute in registering a domain name or
about a domain name after registration, Melbourne IT's Dispute Policy and the
Dispute Policy procedures, and any variations to them from time to time bind us.
You agree that by maintaining the registration of a domain name after changes or
modifications to the Dispute Policy become effective, constitutes your continued
acceptance of these changes and modifications. You agree that in the event of a
dispute you will submit to the jurisdiction of the courts as provided in the
Dispute Policy. The Dispute Policy can be viewed at
https://direct.inww.com/dispute.sthml. The Dispute Policy procedure can be
viewed at https://direct.inww.com/udrp-rules.shtml.
6.4 You agree that you must pay for any registration or delegation charges
imposed by Melbourne IT or any other domain name authorities in advance. You
understand that you cannot register a domain name without paying for it in
advance.
6.5 We make no representation and give no warranty about your chosen domain name
being available for registration or use by you.
6.6 You expressly authorise and direct us to:
a. be nominated as authorised billing contact for your domain name with the
domain name registrar;
b· renew your domain name registration upon receipt of renewal notification from
the domain name registrar, and invoice you for the relevant charge in accordance
with our list price from time to time.
6.7 You indemnify us against all claims arising out of your registration and use
and renewal of registration of your chosen domain name.
7. Miscellaneous
7.1 You grant to us a license to use and reproduce all Client Data in order to
fulfil our obligations under this agreement.
7.2 We may use subcontractors to fulfil any or all of our obligations under this
agreement.
7.3 A provision of, or a right created under this agreement, may not be waived
except in writing signed by the party granting the waiver, or varied except in
writing signed by the parties.
7.4 This agreement and the transactions contemplated by this agreement are
governed by the law in force in New South Wales.
7.5 You may not assign your rights and obligations under this agreement without
our prior written consent.
OZEBIZ Acceptable Use Policy
This is OZEBIZ's Acceptable Use Policy. It applies to you if you are an OZEBIZ
subscriber or user ("you"). It is intended to ensure that your use of OZEBIZ's
service is trouble free and that you have due regard to the law and the needs of
other users.
Please read it carefully. It is a condition of your use of our service that you
comply with the terms of this Policy. Please look out for any amendments to the
Policy that OZEBIZ ("we") might make in the future. From time to time we will
make amendments to it by giving you notice of the change and you will then be
obliged to comply with the policy as amended.
Some general principles
1.1 OZEBIZ is not responsible for the content of user originated traffic. We
exercise no direct supervision or control whatsoever over the content of the
information passing through our network. We do not assume any responsibility for
information not sent or authorised by us. The responsibility for traffic that
does not conform with this policy and all possible consequences lie with the
sender of the traffic.
1.2 You are responsible for use of your account
If you permit others to use our service, you are responsible for making users of
the service aware of this policy and obtaining compliance of your users with
this policy.
1.3 You are responsible for complying with conditions of use of other networks
If we provide you with access to a network outside our service you must comply
with any acceptable use conditions which apply to that network.
2. Acceptable uses
2.1 You have responsibilities.
It is your responsibility to:
use our service and services in a manner which does not violate any applicable
laws or regulations;
respect the conventions of the newsgroups, lists and networks that you use;
respect the legal protection afforded by copyright, trade marks, license rights
and other laws to materials accessible via our service;
respect the privacy of others;
use the service in a manner which does not interfere with or disrupt other
network users, services or equipment; and refrain from acts that waste resources
or prevent other users from receiving the full benefit of our services.
2.2 Use must be ethical. Your use of our services should be ethical and in accordance with accepted community standards.
3. Unacceptable uses
3.1 You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws.
3.2 Specific kinds of use are not allowed. It is not acceptable to use our service to, amongst other things: violate copyright or other intellectual property rights; illegally store, use or distribute software; to transmit threatening, obscene or offensive materials; engage in electronic `stalking' or other forms of harassment such as using abusive or aggressive language;
misrepresent or defame others; commit fraud; gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet; damage, modify or destroy the files, data, passwords, devices or resources of OZEBIZ, other users or third parties; engage in misleading or deceptive on-line marketing practices; conduct any business or activity or solicit the performance of any activity that is prohibited by law; make an unauthorised transmission of confidential information or material protected by trade secrets; or attempt to do any of these things.
3.3 Disruption of the network is not allowed. You may not use the service to interfere with or disrupt other network users, services or equipment. In particular, for example, you must not:
distribute messages to inappropriate or unrelated forums, newsgroups or mailing
lists (`spamming'); send unsolicited commercial messages; propagate computer worms, viruses and other types of malicious programs; make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers; and harass or impersonate OZEBIZ or other users.
3.4 Soliciting subscribers to other services is not allowed. It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive information services.
3.5 Resale of our services is not allowed. Resale of our services to others is strictly forbidden under all circumstances. The Partner program provides for the resale of services.
4. What we may do to ensure that this policy is being followed
4.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed. If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offence or inhibit the enforcement of this policy.
4.2 We will make an effort to contact you. If we become concerned that your use of our service may break the law or that you have not complied with this policy we will attempt to contact you before taking action.
4.3 We may terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may: warn you by email; suspend your access to the service; terminate your account without notice; and/or
notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
4.4 In the event of taking action under 4.3 we reserve the right to delete any
or all of your information, material, software or other content stored on our
system in our sole discretion.
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Ozebiz Web Site Hosting
Servers are located in a climate controlled building with 24 hour security located in Canberra ACT Australia and dedicated to Telecommunications.
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