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Imagine Design Systems - Web Hosting
Terms, Conditions and Acceptable Use

Terms, Acceptance of Terms and Payment
1.1 The term "Imagine Design Systems" refers to Imagine Design Systems Pty Ltd (A.B.N. 19 084 166 594). The "Client" means the entity subscribing to the services provided by Imagine Design Systems and the designated users of the Client. The "Service" means one of the hosting packages subscribed to by the Client. "Server" means the computer servers utilised by Imagine Design Systems in the provision of it's services.
1.2 By using the services of Imagine Design Systems, the Client agrees to the following terms and conditions.
1.3 This agreement commences on the date the Client makes the initial payment for the services subscribed for.
1.4 The Client must pay to Imagine Design Systems, all relevant fees in advance.
1.5 Upon the accounts renewal date, the Client must pay all fees due within 14 days. Failure to pay within 14 days will result in suspension of access to the Client's web site, both uploading and downloading of data as well as e-mail. Failure to pay within a further 14 days will result in the Client's account being closed, and all Client data will be deleted off the system.

2.1 Scheduled maintenance must be performed to servers from time to time. All scheduled maintenance will be attempted to be performed at times that will affect the least amount of Clients.
2.2 Unscheduled maintenance may need to be performed due to data corruption, service failure or equipment failure. Imagine Design Systems will endeavour to inform the Client via email or on our web site with details of any unscheduled maintenance.
2.3 The services provided by Imagine Design Systems are expected to change as technology changes and systems upgraded. Imagine Design Systems reserves the right to change any service offered or the feature of any service offered or its systems without notice, including changes to access and use procedures and all system hardware and software.

Warranties and Liabilities
3.1 Imagine Design Systems does not warrant that:
3.1.1 its services and its servers will be uninterrupted or error free.
3.1.2 the services will meet the Client's requirements, other than as expressly set out in this agreement.
3.2 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, the liability of Imagine Design Systems for any breach of the term will, if permitted by that statute be limited, at the option of Imagine Design Systems, to any one or more of the following:
3.2.1 the supply of the services again; or
3.2.2 payment of the cost of having the services supplied again.
3.3 The Client warrants that:
3.3.1 at the time of entering into this agreement it is not relying on any representation made by Imagine Design Systems, 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 produced by Imagine Design Systems.
3.3.2 it will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by it onto or downloaded by it from the server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person.
3.3.3 it will keep secure any passwords used to upload data to the Server.
3.3.4 all data uploaded onto the server under this agreement will not expose Imagine Design Systems to the risk of any claim, legal or administrative action or prosecution.
3.4 Imagine Design Systems reserves the right (but is under no obligation) to remove from Internet Access any part of the Client Data that in Imagine Design Systems' opinion, infringes any of the warranties set out in this agreement.
3.5 Imagine Design Systems has no obligation to review or edit content of the Client Data.
3.6 The Client is solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to the Client Data to Imagine Design Systems.
3.7 The Client will not use the services provided by Imagine Design Systems to send unsolicited email.
3.8 If there is any claim against Imagine Design Systems due to a breach of the Client's warranties, or otherwise attributable to the Client Data, the Client must indemnify and hold Imagine Design Systems harmless against all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with, or arising out of, the claim.

Termination and Cancellation
4.1 The Client can cancel the use of the Service anytime before the next account renewal date, by giving Imagine Design Systems (14) days notice in writing and will not incur any charges for the next billing period. No refund will be given for any prepaid amount.
4.2 Notwithstanding anything contained herein, Imagine Design Systems may terminate the provision of the Service without notice if the Client is in breach of any of the terms, conditions.
4.3 Imagine Design Systems, in its sole discretion, reserves the right to temporarily suspend the Service for any reason.
4.4 On termination or expiry of this agreement for any reason, Imagine Design Systems may delete all Client Data from any storage media.

Acceptable Use
5.1 Content
5.1.1 All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian or International law is prohibited.
5.1.2 This includes, but is not limited to: copyrighted material, material Imagine Design Systems judges to be threatening or obscene, or material protected by trade secret and other statute.
5.1.3 The Client agrees to indemnify and hold Imagine Design Systems harmless from any claims resulting from the use of the service, which damages the subscriber or any other party.
5.1.4 Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere.
5.1.5 This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.
5.1.6 In addition, any site selling or promoting bulk email services is not allowed.
5.1.7 Examples of non-acceptable content or links: Pirated software; Hackers programs or archives; Warez Sites; Irc Bots; Mp3 or any other method of distributing copyrighted music/sounds.
5.1.8 Imagine Design Systems will be the sole arbiter as to what constitutes a violation of the Acceptable Use provisions.
5.2 CGI Scripts
5.2.1 Each account comes with its own cgi-bin. The Client is free to use any CGI scripts, however Imagine Design Systems reserves the right to disable any CGI or other form of scripts that affects normal server operation.
5.3 Chat Rooms
5.3.1 The Client is not allowed to install their own chat rooms. These tend to degrade the system and reduce the level of service offered.
5.3.2 Imagine Design Systems can arrange a choice of Java chat rooms for free or a small extra charge that will not hinder the performance of the servers for other Clients.
5.4 Background Running Programs
5.4.1 Imagine Design Systems may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
5.5 IRC
5.5.1 IRC or IRC bots are not allowed to be operated on any of Imagine Design Systems' servers.
5.6 Email
5.6.1 Imagine Design Systems' servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. The Client's domain may not be referenced as originator, intermediary, or reply-to address in any of the above.
5.6.2 Advertising sites on other servers, which in turn contain links to a domain on Imagine Design Systems' servers, is prohibited.
5.6.3 Imagine Design Systems considers spam to include any mass unsolicited message in the mediums of Newsgroups and Email.
5.6.4 Imagine Design Systems reserves the right to determine what violates this policy. Any violation will result in immediate deactivation of services without refund and deletion of all Client data.
5.6.5 Imagine Design Systems reserves the right to refuse or cancel service to known spammers.
5.7 Any attempts to undermine or cause harm to a server is strictly prohibited.
5.8 Imagine Design Systems reserves the right to refuse or cancel service at our sole discretion.

6.1 The Client grants to Imagine Design Systems, a license to use and reproduce all Client Data in order to fulfil its obligations under this agreement.
6.2 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
6.3 The Client may not assign its rights and obligations under this agreement without the prior written consent of Imagine Design Systems.
6.4 Imagine Design Systems will communicate to you via your last known email address. It is the Client's duty to inform Imagine Design Systems of any account changes.
6.5 Imagine Design Systems reserves the right to modify these terms and conditions at any time.

Domain Names
7.1 Imagine Design Systems take no responsibility for the accuracy or otherwise of information provided by the WHOIS search gateway. Please be aware that the information is provided by the registrar associated with the domain extension you selected and may not include WHOIS data for domains registered by other authorities or registrars. The information used to generate the result is provided from third parties, and may be on a large time delay, or may simply be wrong.
7.2 Domain availability can only be ensured once confirmation has come back from the parent domain.
7.3 All domain names are subject to the terms and conditions of the relevant domain authority.
7.4 Terms, Conditions and Policy for .AU domains can be found here: http://www.auda.org.au/policy/