This agreement is required to obtain and maintain a web hosting service with
K9net.net Web and Print Design. It acts as protection for both K9net.net Web and
Print Design and its customers, to prevent misunderstandings, and to provide the
framework for a legal recourse in the event of a dispute or violation.
Our services may only be used for lawful purposes. Transmission or solicitation
of any material which violates national and/or international laws which may
apply in our local jurisdiction or your local area, is prohibited. This includes
material which is obscene, threatening, harassing, libellous, or in any way a
violation of intellectual property laws. PORNOGRAPHIC CONTENT & WAREZ SITES ARE
STRICTLY PROHIBITED.
You agree to indemnify and hold harmless K9net.net Web and Print Design in any
legal action which arises as a result of your use of our services, without
limitation or exception.
K9net.net Web and Print Design makes no warranties or representations of any
kind for the services being offered, including warranties of merchantability or
fitness for any purpose. You agree not to hold K9net.net Web and Print Design
responsible for any loss you suffer as a result of using our services, including
but not limited to loss resulting from service delays and incomplete or
interrupted service, regardless of cause. However, K9net.net Web and Print
Design agrees that any complete service interruption in excess of 24 hours may
justify a refund or credit to its customers for the appropriate amount, but that
no further compensation will be made. Scheduled outings and account suspensions
do not count towards our refund policy.
You agree not to maliciously or intentionally interfere with the proper
operation of the system, including but not limited to defeating identification
procedures, obtaining access beyond that which you are authorised for, and
impairing the availability, reliability, or quality of service for other
customers. You further agree not to interfere with the proper operation of other
systems reachable through the Internet, including any attempt at unauthorised
access.
You agree that the security of your account or server is first and foremost your
own responsibility. You further agree that if you believe the security of your
account or server has been compromised in any way, you will notify K9net.net Web
and Print Design immediately. You agree that if you become aware of misuse of
your account or server, and do not notify K9net.net Web and Print Design, you
will be held responsible for that misuse.
You agree not to transmit unsolicited or prohibited advertising through
electronic mail or inappropriate Usenet postings through K9net.net Web and Print
Design's Server services. You specifically agree that the use of K9net.net Web
and Print Design's Server services for unsolicited mass mailings or postings
(commonly known as "Spam") will cause your services to be terminated immediately
and without warning, and that you will be held legally responsible for any and
all damages to K9net.net Web and Print Design, both monetary and in reputation,
as well as hourly fees for reading the complaints which may arise.
You agree that we have the right and responsibility to fully co-operate in any
legal investigation regarding any aspect of our services, including services
sold to you.
You agree to supply a current and truthful name, postal address, billing address
and telephone number for our records. K9net.net Web and Print Design agrees not
to sell or donate its mailing list to any other company or person, and not to
publish any information about its customers beyond that which is freely
published via "finger" and other standard system utilities.
You agree that backup of files is your responsibility and that K9net.net Web and
Print Design is in no way responsible for the loss of, or for saving or
returning any data, files or directories stored on the server for/to the Client.
This contract supersedes any written, electronic, or oral communication you may
have had with K9net.net Web and Print Design or any representative thereof, and
constitutes the complete and total agreement between the parties.
Violation of any of the terms and conditions of this contract may result in the
immediate termination of your services with K9net.net Web and Print Design, at
our discretion. Criminal or civil prosecution may result in extreme cases.
Financial Arrangements
a) Client agrees to a quarterly, six monthly, or annual contract. Accounts are
payable 3 monthly, 6 monthly or yearly as agreed to, and signifies such
agreement by acknowledgement in account setup form or subsequent written
agreement. A month is considered to be a calendar month. All accounts are
effective from 1st of the month and billing is calculated on a pro-rata basis,
to simplify billing. The date at which a new account becomes active shall be the
date upon which notification is sent to the client of the IP number of the
Client server, regardless of a new Domain Name being applied for or transfer of
an existing Domain Name to the new server.
b) Applicable fees for a domain name web hosting account, plus setup charges (if
applicable), and registration fees (where applicable), shall be due prior to
account activation.
c) This agreement will automatically renew for successive 3 monthly, 6 monthly
or yearly periods unless cancelled in writing at least seven days prior to the
renewal date. Client will receive an invoice via email for hosting charges.
Renewal prices are subject to change. Renewal of services by client indicates
agreement to contract revisions.
d) Invoices are sent out via email and an online version of the invoice is
available for viewing and printing via the Control Panel.
e) If an account is not paid in full within 7 days of the due date then then we
have the right to suspend your account (without notice) until all payments have
been received.
f) K9net.net Web and Print Design reserves the right, in its sole discretion, to
deactivate the Client's account(s) upon an indication of credit problems
including delinquent payments. In such case K9net.net Web and Print Design is
not responsible for saving or returning any data, files or directories stored on
the server for/to the Client.
g) A reconnection fee of AU$40 applies to any domain being reinstated past the
date of suspension or cancellation. The Client also agrees that any unpaid
balance due thereunder shall bear interest at the rate of 10% compounded per
annum, and that costs of collection, including Court costs and reasonable legal
fees shall be added as principal amounts to such balance.
h) K9net.net Web and Print Design reserve the right to decrease or increase
charges at any time. Such increases will be advised at least one month prior to
invoicing.
i) Bandwidth overage fees will apply on accounts that exceed the data limits.
Reselling
A Client is not allowed to resell the storage and/or transfer services provided
by K9net.net Web and Print Design unless the express permission of K9net.net Web
and Print Design is sought.
Hardware, Equipment and Software
Client is responsible for and must provide all telephone, computer, hardware and
software equipment and services necessary to access the K9net.net Web and Print
Design's services. K9net.net Web and Print Design makes no representations,
warranties or assurances that Client's equipment will be compatible with
K9net.net Web and Print Design's services.
Age
Client certifies that he or she is at least 18 years of age.
Internet Etiquette
a) Users of Internet and electronic forums should be considerate of the
expectation and sensitivities of others on the network when posting material for
electronic distribution. The network resources may not be used to impersonate
another person or misrepresent authorisation to act on behalf of others or
K9net.net Web and Print Design. All messages transmitted via K9net.net Web and
Print Design's service should correctly identify the sender; users may not alter
the attribution of origin in electronic mail messages or posting. Users must not
attempt to undermine the security or integrity of computing systems or networks
and must not attempt to gain unauthorised access.
b) Due to the public nature of the Internet, all information should be
considered publicly accessible, and important or private information should be
treated carefully. K9net.net Web and Print Design is not liable for protection
or privacy of electronic mail or other information transferred through the
Internet or any other network K9net.net Web and Print Design or its customers
may utilise.
c) Use of distribution lists via unsolicited electronic mail or other electronic
mailings is strictly prohibited. K9net.net Web and Print Design reserves the
right to deactivate the Client's Server account(s) upon and indication of such
activity. In such case K9net.net Web and Print Design is not responsible for
saving or returning any data, files or directories stored on the server for/to
the Client. Client hereby agrees to indemnify and hold harmless K9net.net Web
and Print Design from any claim resulting from the Client's or another party's
use of electronic mail service(s) on the Client's Server account(s).
Limited Liability
a) Client expressly agrees that use of K9net.net Web and Print Design's service
is at Client's sole risk. K9net.net Web and Print Design, its employees,
affiliates, agents, third party information providers, merchants, licensers or
the like, cannot warrant that the K9net.net Web and Print Design's Server
service will not be interrupted or error free; nor do they make any warranty as
to the results that may be obtained from the use of the Server service or as to
the accuracy, reliability or content of any information service or merchandise
contained in or provided though the K9net.net Web and Print Design Server
service, unless otherwise expressly stated in this Agreement.
b) Client hereby agrees that any material submitted for publication by K9net.net
Web and Print Design through Client's account(s) will not contain anything
leading to an abusive or unethical use of the server product(s) or the host
server(s). Abusive or unethical materials and uses include, but are not limited
to: pornography, obscenity, violations of privacy, computer viruses, any
harassing and harmful material or uses, any illegal activity or material(s)
advocating illegal activity, and any infringement of privacy or libel.
c) Client hereby agrees to indemnify and hold harmless K9net.net Web and Print
Design from any claim resulting from Client's publication of material or use of
those materials. K9net.net Web and Print Design may or may not give notice
before deactivating the use of an account(s) which K9net.net Web and Print
Design decides is an abusive or unethical use of, or a potentially illegal use
of the Server account(s) or host server(s). In such case K9net.net Web and Print
Design is not responsible for saving or returning any data, files or directories
stored on the server for/to the Client. Client hereby agrees to indemnify and
hold harmless K9net.net Web and Print Design for any claim resulting from the
submission of illegal materials.
d) Under no circumstances, including negligence, shall K9net.net Web and Print
Design, its officers, agents or anyone else involved in creating, producing or
distributing K9net.net Web and Print Design's Server service be liable for any
direct, indirect, incidental, special or consequential damages that result from
the use of or inability to use K9net.net Web and Print Design's Server services;
or that results from mistakes, omissions, interruptions, deletion or loss of
files or data, errors, defects, delays in operation, or of performance, whether
or not limited to acts of God, communication failure, theft, destruction or
unauthorised access to K9net.net Web and Print Design's records, programs or
services. Client maintains sole responsibility for data backups and restoration.
Client hereby acknowledges that this paragraph shall apply to all content on
K9net.net Web and Print Design's Server services.
e) Notwithstanding the above, Client's exclusive remedies for all damages,
losses and causes of actions whether in contract, tort including negligence or
otherwise, shall not exceed the aggregate dollar amount which Client paid during
the term of this Agreement and any reasonable attorney's fee and court costs.
f) In the case of "Force Majeure" (as defined below), the K9net.net Web and
Print Design will notify the Client at the earliest opportunity of the
circumstances. "Force Majeure" will entitle either party to withdraw from their
contractual obligations. The Client will remain liable for all costs incurred up
to the occurrence of "Force Majeure".
"Force Majeure" means any event or thing outside K9net.net Web and Print
Design's reasonable control, which directly or indirectly causes K9net.net Web
and Print Design's Servers becoming unable in whole or in part to perform its
obligations under this Agreement, and includes but is not limited to: (a) acts
of God or the public enemy, national emergencies, asteroids or other space
calamity (including but not limited to meteorological or astronomical
disturbances), use of atomic weapons or nuclear fusion or fission, radioactive
contamination, insurrection, riot, hostile or warlike action in peace or war,
sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes,
snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun;
(b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other
labour difficulties; (c) action or inaction by a government entity or agency; or
(d) the unrelated action or inaction of a third party which is beyond K9net.net
Web and Print Design's reasonable control, which causes a delay or ultimately a
failure to perform K9net.net Web and Print Design's obligations under this
Agreement.
Support
Client agrees that K9net.net Web and Print Design is in no way responsible for
support for editing or configuring of scripts, web pages, FTP transfer of files,
problems that are the responsibility of the customer, or anything else that is
not server specific related.
Indemnification
Client agrees that it shall defend, indemnify, save and hold K9net.net Web and
Print Design harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities") asserted against
K9net.net Web and Print Design, agents, its clients, servants, officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by Client, its agents, employees or
assigns. Client agrees to defend, indemnify and hold harmless K9net.net Web and
Print Design against Liabilities arising out of (i) any injury to person or
property caused by any products or services sold or otherwise distributed in
connection with K9net.net Web and Print Design's Server service; (ii) any
material supplied by Client infringing on the proprietary rights of a third
party; (iii) copyright infringement and (iv) any defective product which Client
sold on the Server.
Termination
a) This Agreement may be terminated by either party, without cause, by giving
the other party 7 days written notice. Notwithstanding the above, K9net.net Web
and Print Design may terminate service under this Agreement at any time without
penalty if Client fails to comply with the terms of this Agreement.
b) In the event that it becomes necessary for K9net.net Web and Print Design to
enforce the terms of this agreement K9net.net Web and Print Design shall be
entitled to all reasonable costs and expenses of such enforcement including
collection fees, court costs, and attorney's fees.
Acknowledgement and acceptance of this agreement is required for an account to
be setup at K9net.net Web and Print Design. By signing-up for hosting services
you indicate that you have read and understand this service agreement in it's
entirety and agree to be bound by it's content.
This Agreement constitutes the entire understanding of the parties. Any changes
or modifications to this Contract thereto are agreed to by the both parties upon
renewal of services.
The parties agree that this agreement shall be governed by and be interpreted
according to the laws of the Commonwealth of Australia, and International laws
enforceable by way of treaty. Any and all actions regarding or relating to this
agreement shall be brought about in the State of Western Australia, Australia.