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Conditions and Terms of Use
Communication
Communication between
Design and Host and its employee's and our clients is regarded as
strictly confidential, therefore we stress that any Phone, written or
email communication is not to be published anywhere, which includes a
website, message forum, newspaper or any other media without the written
permission of Design and Host.
Design and Host provides
World Wide Web page hosting, Design and Host reserves the right to
suspend or cancel any customer's access to any or all services provided
by Design and Host. When Design and Host decides that the account has
been inappropriately used or otherwise. Inappropriate use of accounts
are not entitled to a refund of any kind.
Server use
Personal accounts are to
be used by the primary owner only, account holders are not permitted to
resell, store or give away web-hosting services of their website to
other parties.
Web hosting services are
defined as allowing a separate, third party to host content on the
owner's web site. Exceptions to this include ad banners, classified ads,
and personal ads.
Design and Host reserves
the right to refuse service and/or access to its servers to anyone.
Design and Host does not
allow any of the following content to be stored on its servers:
- Illegal Material - This
includes copyrighted works, commercial audio, video, or music files and
-any material in violation
of any Federal, State or Local regulation.
- Warez - Includes pirated
software, ROMS, emulators, freaking, hacking, password cracking, IP
spoofing, etc., and encrypting of any of the above. Also includes any
sites which provide "links to" or "how to" information about such
material.
Use policy
You can run any CGI and
non-CGI scripts you desire, however we reserve the right to disable any
script that dramatically affects server
performance.
High resource user policy
Resources are defined as
bandwidth and/or processor utilization. Design and Host may implement
the following policy to its sole discretion:
When a website is found to
be monopolizing the resources available, Design and Host Reserves the
right to suspend that site immediately. This policy is only implemented
in extreme circumstances and is intended to prevent the misuse of our
servers.
Banned scripts
GreyMatter
UBB (all versions)
IkonBoard (perl/cgi version)
YaBB (perl/cgi version)
Any IRC related software
Proxy Servers
nph-proxy
The Anonymizer
lstmrge.cgi
topsites.cgi
bindshell
psybnc
Furthermore we strictly
prohibit the use of Bulletin boards which run server intensive flat file
systems, we do supply a fully pre-installed Bulletin Board phpbb.
Adult content policy
We do not host or link to
any websites which display adult content such as pornographic material,
escort services or the like.
General content policy
We do not host or link to
any websites which contain, advertise or display content which we
consider to be gambling related or alcoholic beverage sales
E-mail policy
www.designandhost.com.au
strictly prohibits harassment, whether through language, frequency, or
size of messages. Forging of header information is not permitted.
www.designandhost.com.au
does not allow unsolicited mail (UCE). This includes "Spamming" and
"Bulk Mail" sent to persons who have otherwise not requested to receive
such mail. The reason for this is that not only is it generally frowned
upon by the internet community, but it also demands extra bandwidth to
handle the effects of such mail. Websites found to be sending UCE will
be terminated without notice.
"Safe-In Lists"
www.designandhost.com.au views this as opt-in spam lists and is viewed
as abuse toward our service offerings, www.designandhost.com.au does not
allow customers to host, or offer safe-in list hosting or mailing lists
unless an exception is given directly by management.
If its found any client
has setup an account with www.designandhost.com.au, for the express
terms of sending unsolicited email, www.designandhost.com.au reserves
the right to charge a one time administration fine of $5,000.00 and
immediate account suspension and removal of files from our servers. If
www.designandhost.com.au can show proof the client has sent the email
from www.designandhost.com.au servers or network. High penalty yes it
is, we can lose our right to proceed as a business and worse still it
jeopardizes ongoing performance and viability for our current customers.
Payment policies
All accounts are set up on
a prepay basis. Although Design and Host Reserves the right to change
prices of accounts or services at any time.
Payment is due each
anniversary year or month following the date the account was
established. Customers WILL automatically be charged again at the end of
their prepay period.
In situations where the
card number on file is declined Design and Host Will immediately suspend
the facility to purchase services on-line until the outstanding charge
is processed successfully.
In addition, Design and Host Reserves the right to suspend other
services until the outstanding debt is cleared. The customer is
responsible for all money owed on the account from the time it was To
reactivate a suspended account (due payment problem) a $10 reactivation
fee must be paid for each suspended domain/account.
Established to the time
that the customer sends a written cancellation request
No bills or invoices will
be sent by regular mail. All invoices will be sent directly to customers
via e-mail shortly after the online purchase has been made. At this
point the customer's card will be charged automatically. All payment is
only accepted in Australian dollars.
Cancellation of services
requires at least 5 days notice, although Design and Host does not add
on a setup fee, there is a cost which is built into the first months
hosting, any refunds will be an amount less the first months hosting
plan.
Payment options
In order to streamline our
accounting procedures and keep costs down Design and Host Accepts:
Mastercard, Visa via Paymate and Paypal, Cheque and Money Order.
Cancellation and
refunds
Design and Host
Reserves the right to cancel the service at any time. Customer refund
requests are to be sent to
sales@designandhost.com.au and will
only be processed in the cases of service non-performance that might be
caused by Digital Host Network's side, Refund requests will be refused
if it's requested for any cause that's out of Digital Host Network's
side,
For example:
- Domain transfer failure.
- Failure of any third
party programs that are not supported by Design and Host
- Customers leakage of
experience in dealing with web basics and communication protocols
-Network outages beyond
our control such as DOS attacks to the network
Indemnification
Customer agrees that it
shall defend, indemnify, save and hold Design and Host Harmless from any
and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Design and Host, Its agents,
its customers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product
sold by customer, its agents, employees or assigns.
Customer agrees to
defend, indemnify and hold harmless Design and Host Against liabilities
arising out of:
(1) any injury to person
or property caused by any products sold or otherwise distributed in
connection with Design and Host Network's server.
(2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from Design and Host
Network's server.
(5) In no event will
Design and Host be liable for any direct, indirect, incidental or
consequential damages, including but not limited to, loss of data
resulting from delays, non-deliveries, or service interruptions caused
by Design and Host or by the client's own errors and/or omissions or by
a Force Majure
DISCLAIMER
Design and Host Will not
be responsible for any damages your business may suffer, Design and Host
Makes no warranties of any kind, expressed or implied for services we
provide.
Design and Host Disclaims
any warrantor merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, no deliveries, wrong
delivery, and any and all service interruptions caused by Design and
Host and its employees.
Client's Covenants
The
client is responsible for implementing sufficient procedures and
checkpoints to satisfy it's requirements for accuracy and security of
data and access codes. Although Design and Host routinely backs up
it's client data, the client is also responsible for maintaining a
means external to Design and Host for archiving any data critical to
the client.
The
client agrees to protect and treat as confidential all passwords, user
names, and proprietary information provided by Design and Host for
access to Design and Host's systems. Sharing of names/accounts is
expressly forbidden. If the client believes their user name or
password has been compromised, immediate email or written notification
must be provided to Design and Host. Design and Host will change the
client's passwords and user names as soon as possible. The client will
be held responsible for all acts/communications initiated or
authorized by its user name.
The
client also authorises Design and Host to publicise their completed
Web site to Web search engines, as well as other Web directories and
indexes.
Design and Host may only be used for lawful purposes. Transmission or
storage by the client of any material in violation of any Commonwealth
or Queensland state law or regulation is prohibited. This includes but
is not limited to, copyright material, material legally judged to be
threatening or obscene or material protected by trade secret. The
client agrees to indemnify and hold harmless Design and Host, from any
claims resulting from the client's use of the website. Any access to
other networks or systems through Design and Host must comply with the
applicable rules of that service.
Hosting policies
(Terms of Service (TOS)
and Authorized Use Permit (AUP))
The Basics (but not
limited to) in plain English:
1. Nothing illegal! - no
illegal spamming, unsolicited email (opt-ins are ok), warez, serial
numbers, cracks, codes, stolen MP3's etc...
2. No Adult anything.
3. No Server abuse.
4. We bill monthly - or yearly your choice..
5. If you violate any of the above policies, Design and Host will cancel
your account (we always contact you first).
This document contains the
general terms and conditions on which Design and Host (we, us, our)
provide:
1. domain name hosting
services or accounts
2. email services or accounts
3. web hosting services or accounts - personal web space and reseller
4. associated services or software (such as account management software,
helpdesk support or content filtering).
Who is the Subscriber
(you, your)?
The subscriber in this
document is the person who provides their personal details when
purchasing a web hosting service by telephone, in writing or by using
Design and Host's on-line sign up page. By signing up on-line, over the
phone or by signing a written application, you promise that you are over
18 years of age. If not then you are not authorised to sign up to our
service. You may, however arrange for a parent or guardian to sign up
instead of you.
The Legal Version
Authorized Use Policies (AUP)
(for all accounts) Design
and Host (Design and Host ) has certain ethical, legal and moral
responsibilities consisting with the use of its servers and equipment
involved in the services of web site hosting, marketing and design.
Design and Host reserves the right to suspend, deny or cancel a
subscriber's access to any or all services provided by Design and Host
whenever Design and Host decides the services it has rendered have been
inappropriately used. Use of Design and Host 's service constitutes
acceptance and agreement to our policies.
Web Site, Server, and
Network Content/Use Provisions
(for all accounts) All
services provided by Design and Host and its underlying service
providers may be used for lawful purposes only. Transmission, storage,
or presentation of any information, data or material in violation of any
Australian federal, state or city law is prohibited. This includes, but
is not limited to: any material that shall constitute or encourage a
criminal offence, give rise to civil liability or that violates or
infringes any trade mark, copyright, other intellectual property rights
or similar rights of any person under the laws of any jurisdiction
material we judge to be threatening, obscene, profane or objectionable
in any way, violent or teaching violence, material that would cause harm
to minors, threats and harassment, forgery, fraud, unfriendly network
disruptions, and distribution of viruses. The subscriber is also
responsible for maintaining insurance cover in respect of any loss or
damage to data stored on the Server.
The subscriber agrees to
indemnify and hold harmless Design and Host from any claims resulting
from the use of the service which damages the subscriber or any other
party. The subscriber also agrees that Design and Host may disclose,
without subscribers consent, any and all information related to the
subscriber and their service with Design and Host to any law enforcement
agent who makes a written request.
Design and Host is not
responsible for any material input by anyone other than Design and Host
and/or posted to the Design and Host network by anyone other then Design
and Host . This includes the content and links on websites hosted by
Design and Host . Design and Host disclaims any liability and
responsibility relating to inappropriate use or inappropriate content of
anything hosted by Design and Host that Design and Host did not solely
create and post to the Design and Host network.
Pornography and
sex-related merchandising are prohibited on any Design and Host server.
Design and Host will be the sole arbiter as to what constitutes a
violation of this provision. Design and Host also reserves the right not
to host sites that it considers, in its sole discretion, to be
religiously or racially offensive or inflammatory. Design and Host will
not host warez sites or anything related to, promoting, or offering
warez, serial numbers, cracks, illegal mp3's or anything else that would
considered illegal by the laws governing the citizens of the Australia
and its states.
With the few exceptions
listed above and below, we support the uncensored flow of information
and ideas over the internet. We do not actively monitor the information
that our subscribers transmit and receive, however, we do react
immediately to any alleged violations of any of our policies in which
case we reserve the right to monitor anything on our network and any
packet of information that traverses our network.
The subscriber is
responsible for sending mail in accordance with any relevant
legislation, including but not limited to the Commonwealth Spam Act
(2003) and for sending the same in a secure manner. Design and Host will
take all reasonable steps to ensure accurate and prompt routing of
messages but will not accept any liability for non-receipt or misrouting
or any other failure of email. In the event of deliberate transmission
of unsolicited commercial email (UCE), Design and Host reserves it right
to terminate services without prior notification.
Bandwidth usage for
dedicated and collocated servers: (for dedicated and collocation
accounts) Subscriber agrees to pay for all bandwidth they use that is
above the amount included in their package, at the current rate which is
listed on Design and Host 's dedicated server page. Subscriber may elect
to have their bandwidth capped at any amount at their choice, or they
may elect to have no cap and simply pay for the additional bandwidth
used above what is included in subscribers package.
Background-running
Programs: (for virtual accounts) Design and Host may allow programs to
run continuously in the background. These are considered on an
individual basis and an extra charge may be incurred based on system
resources used and operational maintenance needed.
IP address's: (Applies to
dedicated and co-location subscribers only, does not apply to virtual
accounts.) All IPs that are assigned to Design and Host 's subscribers
must be used under the authorized use stipulations within 24 hours of
being assigned the IP. Authorized use stipulations are taken from ARIN,
the organization that manages IPs. There are to be no unused IP's on
Design and Host 's networks, except those in reserve for Design and Host
to assign its subscribers on an as needed basis. subscribers are only
allocated IPs that they will use within 24 hours. Subscribers are not
allowed to keep IP's in reserve.
Design and Host assigns
and allows its subscribers to use IP addresses that are owned or are
given to Design and Host to use. Design and Host retains ownership of
all IPs assigned to subscribers. Name-Based hosting must be used where
possible as per ARIN rules.
Server Abuse Issues: (for
all accounts) Any attempts to undermine or cause harm to Design and Host
servers or the servers of its underlying service providers or a
subscriber of Design and Host or its underlying service providers is
strictly prohibited.
Network Security: (for all
accounts) Design and Host shall use reasonable endeavours to ensure the
integrity and security of the Server, however we do not guarantee that
the Server will be free from unauthorised users or hackers. Subscribers
are prohibited from violating or attempting to violate the security of
the Design and Host network or any of its other subscribers, and should
a violation take place, civil or criminal liability may result.
Design and Host will
investigate any alleged violations and cooperate fully with law
enforcement. Violations include but are not limited to the attempt to
login to any machine which the subscriber is not exclusively paying for,
interfering with any service by dos attacking, mail bombing or anything
else that would be detrimental to the services that Design and Host
provides, attempting to probe or scan or test vulnerability of any
machine on the Design and Host network, forgoing any IP address, and
taking any action in an attempt to receive services that the subscriber
is not paying for. A violation of any of the above may result in
immediate removal from the network.
Design and Host does not
warrant whatsoever that our virus protection services on our servers
will stop every virus from reaching the subscriber's computer network.
Design and Host makes no warranty that the service will be error free or
free from interruption of failure, and Design and Host expressly
disclaims any express or implied warranty regarding system and/or
service availability, accessibility, or performance.
Resellers - Any
sub-networks or re-seller networks of Design and Host must adhere to all
of the Design and Host policies above and following:
You agree that in your
capacity as reseller of Design and Host services, that you will not
incur any liability on the part of Design and Host or in any way pledge
or purport to pledge our credit or purport to make any contract binding
on Design and Host.
Design and Host does not
accept the liability or default of your own customers as affecting or
limiting your obligations under this agreement and we suggest that you
require your customers to sign a form of this agreement.
As a reseller of Design
and Host Services, you are responsible for ensuring that any
promotional, advertising or other material you distribute to your
customers (whether in paper form or electronically):
a. does not contain any
misrepresentation relating to Design and Host or the nature of your
relationship with Design and Host:
b. is in accordance with
all applicable advertising standards;
c. does not contravene any
law of the relevant jurisdiction;
d. is appropriate in all
the circumstances;
and that you otherwise
comply with all laws and regulations governing the exercise of your
right as reseller under this agreement.
e. retain the right to
require you to cease distribution of any advertising, promotional and/or
other material which in our view is unacceptable by reference to the
criteria referred to at paragraph 4 above.
You agree to indemnify,
keep indemnified and hold Design and Host harmless from and against any
claim brought against it by a third party resulting from the provision
of our Services by you to your customers, and in respect of all losses,
costs, actions, proceedings, claims, damages, expenses (including
reasonable legal costs and expenses) or liabilities whatsoever suffered
and howsoever incurred by us as a consequence of your breach or
non-observance of the Reseller and ISP Terms.
Any sub-networks or
re-seller networks of Design and Host must adhere to all of these
policies.
Terms of Service (TOS)
Right To Refuse Service
and Cancel Accounts: (for all accounts) Design and Host reserves the
right not to accept accounts for hosting for any reason it deems
appropriate. We also reserve the right to cancel an account at anytime,
for any reason, other than those stated specifically in this policy
statement, with 5 working business days notice. Accounts that violate
any of the policies specifically stated herein, including late payment
or non-payment of fees owed, may be cancelled with no notice.
Communication
(for all accounts) Our
primary means of communications with clients, including for billing
purposes and technical support is by email. You must supply us with your
current email address so that we may contact you at any time. We cannot
be held responsible for not notifying you of any changes to our services
or your account cancellation if you do not supply us with your correct
and current email address. You should check your email regularly to make
sure you do not miss an important notice. We do have a phone number for
subscribers to call 0418 885 446.
Passwords
You must keep confidential
the password you use to subscribe to the service. You remain responsible
for any use of the service made using your password.
Technical Support
(for all accounts) Design
and Host shall use reasonable endeavours to provide continuing
availability of the Server and the Services but Design and Host shall
not, in any event, be liable for Service interruptions or down time of
the Server. Technical Support is available 24/7/365 from our website
Email technical support
is available at admin@designandhost.com.au. Priority is given to the
Help Desk in all cases - phone support is not given priority except in
emergencies. For all virtual accounts, tech support covers connecting to
the server, setup, email, path, uploading files issues and more but does
dot included troubleshooting and editing your perl or other scripts or
databases.
Deactivation and
Termination
(for all accounts) If any
of these terms or conditions are not followed it will result in grounds
for account deactivation. Any account on Design and Host servers that is
an adult site, contains illegal content as stated in this agreement,
caught spamming (sending any unsolicited email legal or not), violating
any of Design and Host 's hosting policies, or abusing the server in any
way will automatically be terminated. We may terminate this agreement
immediately if you are a company and you go into insolvent liquidation,
or if you are a person you are declared bankrupt.
We reserve the right to
remove any account without notice if any of the terms or conditions
stated herein are violated. If such an occurrence takes place, the fees
for that month/quarter/yearly service will not be refunded to the
subscriber. Fees for the entire month/quarter/year are due if the
account is active even just one day of that period.
On termination of this
agreement Design and Host shall be entitled immediately to block your
Web Site and to remove all data located on it. After holding the data
for a period of no longer than five working business days, Design and
Host shall be entitled to delete all such data if it has not been
retrieved at the subscriber's expense. Data retrieval is charged to the
subscriber at a fee of $25.00 Design and Host shall further be entitled
to post such notice in respect of the non-availability of your Web Site
as we think fit.
If we deem it necessary to
cancel an account for any reason other than those specifically stated in
this document, we will give you a five working business day notice of
cancellation by email.
If you wish to terminate
your account with Design and Host, the subscriber must notify Design and
Host by email sales@designandhost.com.au within five working business
days of the account renewal date. Verbal instruction for cancellations
will not be accepted. Your account will be automatically renewed for the
same subscription period and you will be liable for, and immediately
invoiced upon the commencement of, such additional subscription period
if Design and Host does not receive email authorization for account
termination from the subscriber.
There will be no credits
or refunds to the subscriber's account once an invoice has been
generated. On receipt of a subscriber's termination request, Design and
Host will endeavour to cancel that account at quickly as possible.
Design and Host reserves
the right to make any changes to its policies and Hosting plans,
pricing, and features offered at any time as necessary and in no way
implies fitness of purpose warranties. Design and Host reserves the
right to refuse service to anyone. Design and Host reserves the right to
determine what violates any of Design and Host 's policies.
Payment Policies
(for all accounts) All
accounts are set up on a pre-pay basis. All pricing is guaranteed for
the term of pre-payment. The subscriber is responsible for all money
owed on the account from the time it was established to the time that
the subscriber notifies Design and Host in writing for a request for
termination of services (see deactivation and termination above). All
payment is in Australian currency and must be prepaid via direct
deposit, credit card, cheque, money order, and mailed 10 work business
days in advance of due date.
Subscribers may prepay
multiple months in advance however a discount applies only when a
discount is advertised on Design and Host's website.
There may be a $10 late
fee for all payments that are not on time. This includes all credit card
payments that do not go through as of the due date of the monthly
payment due to the card being declined or expired, no longer good, or
any other problem. It is the subscribers responsibility to inform Design
and Host of any changes in their credit card information including
expiration dates.
The subscriber authorizes
Design and Host to use whatever means necessary to effect payment for
overdue accounts or cancellation fees, if any. This includes making the
charge to the subscribers credit card, even if the subscriber does not
usually pay by credit card. Once an account is 30 days overdue for
payment, the account will be suspended if prior arrangements with Design
and Host have not been made.
For cheques, Design and
Host may choose to suspend the provision of services if the subscriber
does not make payment within the times set out above until we have
received your cheque and it has been accepted as cleared funds by our
bank. Suspension of account will cause loss of website service and email
service to and from that account. Design and Host reserves the right to
turn over any debts owed to Design and Host to a collection agency or to
attorneys in that order.
If the subscriber desires
domain name registration:
Design and Host do not
warrant or guarantee that the domain name applied for will be registered
in your name or is capable of being registered by you. Accordingly, the
subscriber should take no action in respect of your requested domain
name(s) until you have been notified that your requested domain name has
been registered.
Both the registration of
the domain name and its ongoing use are subject to the relevant naming
authority's terms and conditions of use and you are responsible for
ensuring that you are aware of those terms and conditions and can and do
comply with them. You irrevocably waive any claims you may have against
us in respect of the decision of a naming authority to refuse to
register a domain name and, without limitation agree that the
administration charge paid by you to us shall be non-refundable in any
event.
We accept no
responsibility in respect of the use of a domain name by you and any
dispute between you and any other individual or organisation regarding a
domain name must be resolved between the parties concerned and we will
take no part in any such dispute.
We reserve the right, on
our becoming aware of such a dispute, at our sole discretion and without
giving any reason, to either suspend or cancel the domain name, and/or
to make appropriate representations to the relevant naming authority.
The subscriber acknowledge
that it is your responsibility to keep your own records and to maintain
your own reminders regarding when your domain name registration or other
services are set to expire. It is the responsibility of the subscriber
for all domain registration payments.
The subscriber is to
ensure that the subscriber's domain does not expire unless the
subscriber so chooses. Domain registration renewals are the sole
responsibility of the subscriber. Design and Host accepts no
responsibility for domains pertaining to the subscriber which may
expire. The payment policy for domain registration is the same as all
accounts.
Web Site
Hosting/email/Secure Web
Refunds and Disputes
(for all accounts) All
payments to Design and Host are non-refundable. Monthly and Quarterly
accounts are non-refundable. Yearly accounts are non- refundable,
including Domains.
If you dispute a charge
made to your credit card by Design and Host and it is found that the
charge was valid, you agree to pay Design and Host a $100 administration
fee. Design and Host reserves the right to cancel service at any time.
Any violation of policies which results in extra costs to Design and
Host will be billed to the Subscriber (i.e. transfer, space etc.)
Service Rates
(for all accounts)
Subscriber acknowledges that the initial costs and specifications of the
service that the subscriber is subscribing to have been disclosed to the
subscriber. Design and Host reserves the right to change pricing and
specifications of its service at any time due to market fluctuations,
cost to provide service, changes in cost of hardware etc...
When changes are made to
pricing or specifications of the service Design and Host is providing
that result in lower pricing or in better specifications, Design and
Host will make every effort to pass those changes on to the subscriber,
however, in some circumstances additional fees will apply. When changes
are made to pricing or specifications of the service Design and Host is
providing that result in higher pricing or in lower specifications,
Design and Host will make every effort NOT to pass those changes on to
the subscriber.
Design and Host is not
obligated to change the rates and specifications of subscribers existing
service for any reason at any time, and it will be at the sole
discretion of Design and Host and based on financial evaluations of what
is required to keep Design and Host a profitable operating business,
able to provide the highest quality services to the subscribers.
Term (length) of
service
(for all accounts) All
hosting packages are yearly, quarterly, month to month billing with the
minimum being 1 month. Design and Host does not pro-rate monthly billing
fees. Design and Host does not require any long-term contracts for any
of its accounts.
Indemnification.
(for all accounts)
Subscribers agrees that it shall defend, indemnify, save and hold Design
and Host harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted against Design
and Host , its agents, its subscribers, officers and employees, that may
arise or result from any service provided or performed or agreed to be
performed or any product sold by subscriber, it's agents, employees or
assigns. Subscribers agrees to defend, indemnify and hold harmless
Design and Host against liabilities arising out of;
(1) any injury to person
or property caused by any products sold or otherwise distributed in
connection with Design and Host's server;
(2) any material supplied
by subscriber infringing or allegedly infringing on the proprietary
rights of a third party;
(3) copyright infringement
and
(4) any defective products
sold to subscriber from Design and Host's server.
This means if Design and
Host is sued because of a subscriber or a subscriber of an Design and
Host's subscriber's activity, the subscriber will pay for any and all
damages and associated court costs and attorneys fees that Design and
Host incurs
Disclaimer
Design and Host will not
be responsible for any damages your business may suffer, Design and Host
Makes no warranties of any kind, expressed or implied for services we
provide.
Design and Host Disclaims
any warrantor merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, no deliveries, wrong
delivery, and any and all service interruptions caused by Design and
Host and its employees.
Design and Host Reserves
the right to revise the above mentioned policies at any time.
Dispute resolution and
governing law
(for all accounts)
This agreement shall be
governed by the laws in force in the state of Queensland, Australia.
Both parties hereby submit to the exclusive jurisdiction of the Courts
of that State.
Federal and state
legislation may give you additional rights beyond those set out in these
terms and conditions. Also, such legislation may imply additional terms
or warranties in these terms and conditions which cannot be varied.
Nothing in these terms and conditions is intended to be inconsistent
with, or vary, such rights, terms or warranties.
Design and Host Reserves
the right to revise the above mentioned policies at any time.
end:
|
