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Leisure Coast Websites
agrees to provide, and Client agrees to receive, access to the Web Hosting
and related Services according to the following Terms and Conditions:
1.0. General
1.1 The Client is the person or entity who is applying to receive, or
who is receiving, Web Hosting Services from Leisure Coast Websites.
1.2 The Web Hosting Service is provided on an "AS IS, AS
AVAILABLE" basis. Leisure Coast Websites
gives no warranty, express or implied, for the Web Hosting Services
provided. This 'no warranty' clause expressly includes any reimbursement
for losses of income due to disruption of services by Leisure Coast Websites
or its providers beyond the fees paid by the client to Leisure Coast Websites
for services.
1.3 Client will use the Web Hosting Services in a manner consistent
with any and all applicable laws of the State of NSW
and the Australian Federal
Government.
1.4 Use of any information obtained by way of Leisure Coast Websites
is at the Client's own risk, and Leisure Coast Websites
holds no liability for such use.
1.5 Leisure Coast Websites
is not responsible for any damages arising from the Client's use of Leisure Coast Websites
or by the Client's inability to use the Web Hosting services for any
reason.
1.6 While Leisure Coast Websites
shall make every reasonable effort to protect data stored on Client's
Server(s), Leisure Coast Websites
is not responsible for Client's data, files, or directories residing on Leisure Coast Websites's
providers equipment. The client is solely responsible for maintaining data, file,
and directory structure backups.
1.7 The customer is required to provide Leisure Coast Websites
with correct and up to date contact details for billing and technical
notification purposes. Leisure Coast Websites
takes no responsibility for disruption to services due to inability to
contact the customer.
2.0 Payment
2.1 The client agrees to a once off set up fee and ongoing service
fees for provision of Web Hosting Services. In addition setup fees may be
charged for additional services as per prices indicated at www.Leisure Coast Websites.
3 GB of data transfer is included per month with the 30mb hosting account.
Excess bandwidth will be charged at 13.2 cents (GST inclusive) per
megabyte.
2.2 Payment can be by cheque, cash, money order or direct deposit and in accordance with the payment terms indicated on the Leisure Coast Websites
invoice, which will be forwarded to the client by postal mail or
electronic mail.
2.3 For clients that have paid by cheque or money order:
2.3.1 Client will receive an invoice by postal mail or electronic
mail no less than two (2) weeks prior to the due date of the invoice.
2.3.2 Where an invoice becomes more than 14 days overdue, the
client's service will be automatically deactivated pending payment. A
re-activation fee will be applied to the client's account in addition to
any outstanding amounts. Reactivation of service will only occur where
the full amount, including reactivation fee(s), is paid.
2.4 Leisure Coast Websites reserves the right, in its sole discretion,
to deactivate the client's Web Hosting account(s) upon an indication of
credit problems including, but not limited to, delinquent payments.
3.1 Leisure Coast Websites provide no warranty or guarantee that the
domain name applied for will be available for registration by you, the
client.
3.2 Registration and ongoing use of a domain name are bound by the
relevant naming authority's policies and procedures.
3.3 You, the client, agree to irrevocably waive any claims against Leisure Coast Websites
that may arise resulting from the decision of a naming authority to refuse
to register a domain name.
3.4 In the circumstances that Leisure Coast Websites did not register
you domain name, you accept that it is your responsibility to ensure that
your Domain Name Licence is renewed furthermore, Leisure Coast Websites
will accept no responsibility or liability for the renewal of your domain
name under these circumstances.
3.5 Payment for registration or renewal of a domain name must be made
prior to any action being taken by Leisure Coast Websites to submit the
registration or renewal application to the appropriate registrar.
3.6 Should Leisure Coast Websites undertake the renewal of a domain
name on your behalf where the original registrar for the domain is
different to Leisure Coast Websites's registrar of choice, the successful
renewal of the domain by Leisure Coast Websites will be dependant on your
agreement to transfer the domain to our registrar of choice.
3.7 Domain registration applications will only be processed upon
payment for this service and Leisure Coast Websites accepts no
responsibility for delays in domain registration where the delay results
from a third party.
3.8 Domain renewal requests will only be processed upon payment for
this service and Leisure Coast Websites accepts no responsibility for
delays in domain renewal where the delay results from a third party.
3.9 Domain registration applications and renewal requests will be
processed within 1 -2 business days of receipt of payment and other
required information from you, the client.
3.10 Requests for cancellation of domain registration will be accepted
up to 48 hours after registration of the domain by our registrar. Fees
apply for cancellation of a registered domain.
3.11 Requests to transfer ownership of a domain name to a different
entity will be accepted by Leisure Coast Websites however, Leisure Coast Websites
is bound by the relevant policies of the appropriate naming authority.
Fees apply.
3.12 Official Policy Documentation for the ".au" domain name
space can be located at www.auda.org.au
3.13 Leisure Coast Websites's Registrar of Choice for ".au"
domain name registrations and renewals is TPP Internet, contact details
can be located at www.tppinternet.com.au All ".au" domain
registrations and renewals are bound by TPP Internet's policies in
addition to any conditions stated in these Terms & Conditions and
policies published by auDA
3.14 Leisure Coast Websites's Registrar of Choice for all TLD (.com,
.net, .org, .biz, .info) domain registrations and renewals is TPP
Internet, contact details can be located at www.tppinternet.com.au All TLD
domain registrations and renewals are bound by TPP Internet policies in
addition to any conditions stated in these Terms & Conditions and any
policies published by the relevant naming authority.
4.0 Change
4.1 Leisure Coast Websites reserves the right to modify these Terms
and Conditions in any way and as required. Notice of such changes will be
delivered to users via postings on Leisure Coast Websites's Web Site only.
Continued usage of Web Hosting Services indicates the client's acceptance
of the Terms and Conditions in their amended form.
5.0 Trademarks and Copyrights
5.1 The client warrants that it has the right to use the applicable
trademarks of Client, and grants to Leisure Coast Websites the rights to
use such trademarks, if any, in connection with Leisure Coast Websites's
promotion of, referencing of, cataloging of, or indexing of it's Web
Hosting clients.
5.2 The client hereby agrees that any material submitted for
publication on Leisure Coast Websites through Web Hosting Services
received by the Client will not violate or infringe any copyright,
trademark, patent, statutory, common law or proprietary rights of others,
or contain anything libelous or harmful.
6.0 Hardware, Equipment, and Software
6.1 The client is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary to access
the Web Hosting Services. Leisure Coast Websites makes no representations,
warranties, or assurances that the client's equipment will be compatible
with Leisure Coast Websites's providers services.
7.0 Internet Etiquette
7.1 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 Leisure Coast Websites. All messages transmitted via Leisure Coast Websites's
service should correctly identify the sender furthermore; users may not
alter the attribution of origin in electronic mail messages or postings.
Users must not attempt to undermine the security or integrity of computing
systems or networks and must not attempt to gain unauthorised access to
said systems, networks or services.
7.2 Due to the public nature of the Internet, all information should
be considered publicly accessible, and important or private information
should be treated carefully. Leisure Coast Websites is not liable for
protection or privacy of electronic mail or other information transferred
throughout the Internet or any other network Leisure Coast Websites or its
customers may utilise.
7.3 Use of distribution lists via unsolicited electronic mail or other
electronic mailings is strictly prohibited. Leisure Coast Websites
reserves the right to deactivate the Client's Web Hosting account(s) upon
an indication of such activity. Client hereby agrees to indemnify and hold
harmless Leisure Coast Websites from any claim resulting form the client's
or another party's use of electronic mail service(s) on the client's Web
Hosting account(s).
7.4 Obscene Speech or Materials -- Using Leisure Coast Websites's
network to advertise, transmit, store, post, display, or otherwise make
available child pornography or obscene speech or material is strictly
prohibited.
7.5 Defamatory or Abusive Language -- Using the Leisure Coast Websites
network as a means to transmit or post defamatory, harassing, abusive, or
threatening language is strictly prohibited.
7.6 Other Illegal Activities -- Engaging in activities that are
determined to be illegal, including advertising, transmitting, or
otherwise making available ponzi schemes, pyramid schemes, fraudulently
charging credit cards, and pirating software is strictly prohibited.
7.7 Other Activities -- Engaging in activities, whether lawful or
unlawful, that Leisure Coast Websites determines to be harmful to its
subscribers, operations, reputation, goodwill, or customer relations is
strictly prohibited.
Leisure Coast Websites reserves the right, in its sole discretion, to
suspend the client's services provided by Leisure Coast Websites -
including but not limited to web hosting services, email accounts or
others - without notice upon proof of breach of the clauses outlined in
Section 7.0
of this agreement.
8.0 Termination
8.1 The client may cancel the Web Hosting Services provided by Leisure Coast Websites
upon the conditions that requests for cancellation are made in writing and
sent to Leisure Coast Websites via postal mail to PO Box 5157 Wollongong,
NSW, 2520 or, via electronic mail to admin@leisurecoast.com.au.
Cancellation of any services will not take effect until such notice is
received. A refund is only available if Leisure Coast Websites receives
the cancellation request within 30 days of purchase date for the services
you are wishing to cancel. Setup fees are not refundable at any time.
8.2 Within 2 business days of receipt of cancellation request, the
service will be deactivated. The service (including any files, hosting
space, databases or other related items) will be deleted from Leisure Coast Websites's
servers 7 days after account/service deactivation. It is the
responsibility of the client to ensure that all required data is backed up
by the client prior to deletion.
8.3 Refunds will only be granted if cancellation occurs within the
first 30 days of service provision. Setup fees are non-refundable.
8.4 Leisure Coast Websites reserves the right to suspend Web Hosting
Services and any other services provided without notice for any unpaid or
partially paid balances. The Client is responsible for any legal fees
incurred during the collection of any unpaid amounts.
8.5 Spamming (the practice of sending unsolicited, unwelcome mass
mailings to people) is strictly prohibited. Any client found to be
Spamming will have their Web Hosting and any other services immediately
terminated and find themselves billed for any unpaid balances as well as
for any damages that occur as a result of the act of spamming.
9.0 Satisfaction Guarantee
The client may terminate any services solicited by them from Leisure Coast Websites
within the first thirty (30) days from activation of the hosting account
and receive a full refund. A request for termination of services must be
received in writing or via email as per outlined in
Section 8.0
, Termination. Setup fees and domain name payments are not refundable.
10.0 Privacy Policy
Agreement with, and acceptance of, Leisure Coast Websites's privacy
policy is implied by your acceptance of these Terms & Conditions.
Details of the Privacy Policy can be found at http://www.leisurecoast.com.au/privacy.asp.
11.0 Agreement
The client agrees that the abovementioned terms and conditions
constitute the full and complete understanding between Leisure Coast Websites
and the client of the obligations and responsibilities of both parties to
the other.
END TERMS AND CONDITIONS
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