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The Customer agrees to use eHub
Pty Ltd services according to the following terms and conditions:
1.
SERVICES TO BE PROVIDED BY EHUB
The
following terms and conditions of business apply to any or all
services such as Domain Name Registration, Hosting, Email, Starter
Packages, OnLine Catalogue/Shops and Custom WebSite Design provided
by ‘eHub’ (eHub Pty Ltd) to ‘Customer'
(hereby defined as
one who has an account with eHub for the Service, including
Customer's designated users with respect to the Service).
The
terms and conditions of this agreement and any rules and prices
published on the website at http://www.ehub.com.au/serviceterms.htm
constitute the entire and only agreement (collectively the
"Service Agreement") between eHub and the Customer (hereby
defined as one who has an account with eHub for the Service,
including Customer's designated users with respect to the Service)
and supersede all other communications and agreements with regard to
the subject matter hereof.
Server:
refers to the computer server equipment, which is used to host the
Customer’s website or email account.
Web Space:
refers to the area on the Server allocated to the
Customer to offer content on the Internet. These services include
space on the Servers to store HTML, multimedia documents, Databases,
Emails and files, the ability to maintain the website and email
accounts.
2.
CHANGES TO AGREEMENT/PRICES
Upon
notice provided in written, faxed or emailed form to the Customer,
eHub may modify this Service Agreement or Prices and may discontinue
or revise any or all aspects of the service at its sole discretion.
3.
DOMAIN NAME REGISTRATION
3.1
An application for for registration of a domain name submitted with
true and correct supporting details will generally be approved
within 48 hours subject to the availability and other terms
prescribed by the relevant registrar.
3.2
Use by the Customer of the domain names are bound by the relevant
terms and policies which may be found at the Registrar’s Website
at http://www.inww.com/policies/.
3.3
We accept no responsibility in respect of the use of a domain name
by Customer and any dispute between Customer and any other
individual or organization regarding a domain name must be resolved
between the parties concerned.
4.
HOSTING SERVICES
4.1
All prices do not include any website design or maintenance.
4.2
Data Transfer - All
hosting packages include 500 MB of data transfer per month.
Additional data transfer will be charged according to the current
additional data transfer pricing at that time.
4.3 The following are
specifically prohibited on eHub Servers:
Illegality
in any form, including but not limited to activities such as
unauthorized distribution or copying of copyrighted software,
violation of Australian/Canadian/U.S. export restrictions,
harassment, fraud, trafficking in obscene material, drug dealing,
gambling/casino sites and other illegal activities.
Net
abuse, including but not limited to activities such as using a
non-existent email return address on a commercial solicitation,
spamming (sending unsolicited advertising to numerous email
addresses or newsgroups and/or generating a significantly higher
volume of outgoing email than a normal user), allowing spamming by
third parties to promote a web site hosted by eHub, trolling
(posting outrageous messages to generate numerous responses),
mailbombing (sending multiple messages without significant new
content to the same user), subscribing someone else to a mailing
list without that person's permission, cross-posting articles to an
excessive number of newsgroups, or attempting without authorization
to enter into a secured computer system, newsgroup flooding,
widespread or organized forgery campaigns, widespread or organized
account hackery, widespread or organized censorship attempts,
posting of defamatory, scandalous, or private information about a
person without their consent, violating trademarks, copyrights, or
other intellectual property rights, misuse of system resources,
including but not limited to employing posts or programs which
consume excessive CPU time or storage space; permitting use of mail
services, mail forwarding capabilities, POP accounts, or
autoresponders other than for the customer's own account; resale of
access to CGI scripts installed on eHub servers; or attempting to
use a single customer account for third party web sites by allowing
more than one domain pointer to be used to reference pages within
the customer's site,etc. eHub
reserves the absolute right to determine what constitutes net abuse.
4.4
Adult Content
-
eHub does not
permit hosting of Adult Sites or Sites that display Adult Banners on
its server. eHub reserves the right to determine what constitutes
Adult Sites.
4.5 Violation of the rules
-
eHub reserves the
right to immediately suspend all accounts found to be in violation
of rules, without prior notice.
5.
SEARCH ENGINES
Search
engine submissions are free with various services. eHub submits
Customerr site to the engines just as what Customer would do if
Customer went to the engine’s website and added Customerr URL
through the browser. The information gets submitted to the engine
for processing. Once it is submitted, eHub cannot control nor
guarantee how it is handled or processed, or whether it will be
listed or positioned as this is at the sole discretion of the
relevant search engine.
6.
SERVICE AVAILABILITY
eHub
shall use reasonable endeavours to provide continuing availability
of the Server and the Services but shall not, in any event, be held
liable for Service interruptions or down time, if any, of the
Server.
7.
LIABILITY
eHub’s
liability to Customer hereunder is limited to the amount paid to and
received by eHub for services not accepted.
7.1
eHub makes absolutely no warranties whatsoever, express or implied,
including warranties of non-infringement, merchantability, or
fitness for a particular purpose. eHub cannot guarantee continuous
service, service at any particular time, integrity of data stored or
transmitted via its system. Neither eHub nor anyone else involved in
providing services pursuant to this agreement will be liable to
customer or any third party for any claims or damages of any kind
(direct, consequential, special, or any other) that arise out of the
use or inability to use such services, whether or not resulting from
fault or negligence on eHub's part, even if eHub has been advised as
to the possibility of such damages.
7.2
Customer will take all necessary measures to preclude eHub from
being made a party to any lawsuit or claim regarding eHub services
provided to Customer. Customer hereby agrees to indemnify and hold
harmless eHub from any and all such lawsuits or claims.
8.
INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
Customer
are solely responsible for obtaining any and all necessary
intellectual property rights and or copyright consents from
Photographer and or designer for any images, logo or graphics being
used on the customer website.
9.
TERM OF AGREEMENT AND SERVICES
9.1
Initial term
- Unless otherwise
terminated as set forth herein, this agreement shall be effective
for the term stated in the initial agreement.
9.2
Automatic renewal.
- This agreement shall be renewed automatically for subsequent terms
of the same length unless, at least twenty (20) days prior to the
next renewal date, one party gives notice of non-renewal or
termination to the other. Upon automatic renewal of this Agreement,
the plan(s) accepted by Customer shall be deemed to be the
then-current plan(s) most closely resembling Customer's prior
accepted plan(s), provided that such subsequent plan(s) shall be at
least as favorable to Customer as any prior plan(s).
10.
PAYMENT METHODS
10.1
Credit Card Payment - By paying for their account by credit
card, whether by online order form,
fax or phone, Customer
hereby agrees to authorize all recurring charges to the account and
any other balances incurred due to overages of limits, additions of
extras to the account, service charges and/or any other fees.
10.2
Cheque Payment
10.2.1
Customer paying by cheque will not receive access to their
Service until eHub receives payment. For accounts paid by cheque, eHub requires payment
for a minimum quarterly period.
10.2.2
Payment for any charges is due on
or before the due date. Accounts
which have balances outstanding for any Services provided by eHub
shall be deemed to be in default and eHub reserves the right to suspend the provision of all
or any of the Services to Customer. A late payment fee may be
charged for any payments received after the due date. A
re-establishment fee may be charged for any Services which may be
suspended due to a default account.
Customer shall be responsible for all costs of collection, including
reasonable attorney's fees and court costs, in event of a default
for nonpayment of any amounts due to eHub.
10.2.3
Any bank draft or cheque delivered by Customer to eHub in payment
for products or services and is returned unpaid and Customer fails
to remedy such nonpayment within five
business days will
be deemed as a default account. Any dishonoured cheque fees incurred
by eHub from it’s financial institution will be charged to the
Customer’s account.
11.
REFUNDS
11.1
Valid Complaint - All refunds requested with a "valid
complaint" will receive a refund of the charged periods.
Charged periods are solely determined by eHub. What constitutes a "valid complaint" shall be
determined by eHub in its sole and absolute discretion.
11.2
Customer will not receive a refund for any other reason, including
but not limited to: late cancellation, slow connection caused by
Customer's ISP/network, Customer's lack of knowledge, registration
delays, account termination for violation of policies.
11.3
Customer will not receive a refund for any setup fees or any fees
other than the monthly recurring hosting fees.
11.4
Customer will not receive a refund for any unused portions of
prepaid hosting fees
if the agreement is terminated for any reason by either party.
12.
TERMINATION OF AGREEMENT AND SERVICES
12.1
eHub may terminate this agreement upon written notice if Customer
breach any of these terms and conditions and Customer fail to
correct the breach within seven (7) days following written notice
from us specifying the breach.
12.2
eHub may terminate this agreement immediately if Customer fail to
pay any sums due as they fall due or for any other reason specified
in this agreement.
12.3
Customer may terminate this agreement before the renewal period as
described in paragraph 9 of this agreement.
12.4
If the agreement is terminated for any reason by either party, then
any unused prepaid amounts will not be refunded by eHub.
13.
NONASSIGNABILITY
Customer's
rights and obligations under this agreement may not be transferred
or assigned directly or indirectly without the prior written consent
of eHub, which consent shall not be unreasonably refused. eHub’s
rights and obligations under this agreement may be transferred and
assigned only if such transfer or assignment does not adversely
affect the services provided to Customer hereunder.
14.
NOTICES
All
notices may be sent by registered post, fax or email to the fax
number, email address or postal address most recently provided and
will be effective upon transmission. Evidence of successful
transmission shall be retained. Telephone
or verbal requests will not be acceptable as notification or
termination.
15.
ENTIRE AGREEMENT; MODIFICATIONS
This
agreement sets forth the entire agreement and understanding between
the parties and merges all prior discussion between them. eHub may
make changes to this agreement upon written notice to Customer,
advising of the change and the effective date thereof. Utilization
of eHub services by Customer and/or its Customers following the
effective date of such change shall constitute acceptance by
Customer of such change(s). Otherwise, this agreement may not be
modified except by the written consent of both parties.
16.
AGREEMENT AND GOVERNING LAW
16.1
Customers will use the services offered by eHub in a manner
consistent with Local, State, Territory, Federal and International
laws, treaties and regulations.
16.2
This agreement shall be governed by the laws in force in the state
of New South Wales, Australia. Both parties hereby submit to the
exclusive jurisdiction of the Courts of that State.
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