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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.
Service
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.
Miscellaneous
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/
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