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Policy Statement
WHEREAS, World Wide Web Express, hereafter referred to as WWW Express is an
information provider connected to the Internet. WWW Express offers storage and
transfer services over the Internet through access to its Web Server;
WHEREAS, Client seeks to utilize WWW Express server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, WWW Express can make no
guarantee that any given reader shall be able to access WWW Express server
at any given time. WWW Express represents that it shall make every good faith
effort to ensure that its server is available as widely as possible
and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows;
I. Financial Arrangements
- Client agrees to a minimum three (3) month contract.
Client agrees to pay WWW Express for services in advance.
- First quarter payment shall be due upon receipt of the order.
- All setup, domain name or custom fees shall be due upon receipt
of the order.
- Payment of invoices must be received at the office of World Wide
Web Express, 43 Kanimbla Crescent, Bilgola Plateau. NSW 2107, by 5pm
EST on the due date or client agrees to pay a $10.00 late payment charge.
If payment has not been received by 5pm on the fifteenth (15) day after
the invoice due date, the account will be frozen (made inaccessible
to the outside public) until payment has been resolved.
- This agreement will automatically renew for successive three (3)
month periods unless cancelled in writing prior to the quarterly
renewal date.
II. Taxes
WWW Express shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client or WWW Express's
server. Client agrees to take full responsibility for all taxes
and fees of any nature associated with such products sold.
III. Material and Products
- Client will provide WWW Express with material and data in a
condition that is "server-ready", which is in a form requiring no
additional manipulation on the part of WWW Express. WWW Express shall make
no effort to validate this information for content, correctness or
usability
- WWW Express will exercise no control whatsoever over the content
of the information passing through the network. WWW Express makes no
warranties or representations of any kind, whether expressed or implied
for the service it is providing. WWW Express also disclaims any warranty
of merchant ability or fitness for particular purpose and will not be
responsible for any damages that may be suffered by the Client,
including loss of data resulting from delays, non-deliveries or service
interruptions by any cause or errors or omissions of the Client. Use of
any information obtained by way of WWW Express is at the Client's own
risk, and WWW Express specifically denies any responsibility for the
accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not
represent guarantees of available end to end bandwidth. WWW Express
expressly limits its damages to the Client for any non-accessibility
time or other down time to the prorata monthly charge during the
system unavailability. WWW Express specifically denies any
responsibilities for any damages arising as a consequence of such
unavailability. In the event that this material is not "Server-ready",
WWW Express may, at its option and at any time, reject this material,
including but not limited to after it has been put on WWW Express's
Server. WWW Express agrees to notify Client immediately of its refusal of the
material and afford Client the opportunity to amend or modify the
material to satisfy the needs and/or requirements of WWW Express. If the
Client fails to modify the material, as directed by WWW Express, within a
reasonable period of time, which shall be determined between the
parties themselves, the Agreement shall be deemed to be terminated.
- Excessive CPU usages - Client will not be allowed to use
excessive amounts of CPU processing on any of our servers or face
immediate suspension.
- Client may not at any time provide access to, or use
of, scripts installed on the webserver for use by a third party
(web sites not hosted at WWW Express).
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable
trademarks, if any, and grants WWW Express the right to use such trademarks
in connection with WWW Express's Server service.
V. Hardware, Equipment & Software
The customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access WWW Express. WWW Express makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the WWW Express service.
VI. Age
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette
Electronic forums such as mail distribution lists and Use Net news
groups all have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network when
posting material for electronic distribution. The network resources
of WWW Express may not be used to impersonate another person or misrepresent
authorisation to act on behalf of others or WWW Express. All messages transmitted via WWW Express should correctly identify the sender; users may not
alter the attribution of origin in electronic mail messages or posting.
Users may not utilise WWW Express's network resources to perform, be the
target of, or in any way be involved in mass-mailing or "spamming" of
any kind. Users must not attempt to undermine the security or
integrity of computing systems or networks and must not attempt to
gain unauthorised access.
VIII. Termination
This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. In such event, the
cancelling party will be required to pay to other party an amount equal
to the unused portion of service excluding any setup charges.
Notwithstanding the above, WWW Express may terminate service under this
Agreement at any time, without penalty, if the Client fails to comply
with the terms of this Agreement.
IX. Limited Liability
- Client expressly agrees that use of WWW Express's Server is at Client's
sole risk. Neither WWW Express, its employees, affiliates, agents, third party
information providers, merchants licensees or the like, warrant that
WWW Express's Server service will not be interrupted or error free; nor do
they make any warranty as to the results that may be obtained from the
use of the Server service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided through the WWW Express Server service, unless otherwise expressly
stated in this Agreement.
- Under no circumstances, including negligence, shall WWW Express, its
offices, agents or any one else involved in creating, producing or
distributing WWW Express's Server service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use
of or inability to use the WWW Express Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects,
delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft,
destruction or unauthorized access to WWW Express's records, programs or
services. Client hereby acknowledges that this paragraph shall apply
to all content on WWW Express's Server service.
- Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
X. Lawful Purpose
Client may only use WWW Express's Server for lawful purpose. Transmission
of any material in violation of any Federal, State or Local
regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or
obscene, or material protected by trade secrets. WWW Express expressly
forbids anyone from using WWW Express's servers for the propagation,
distribution, housing, processing, storing, or otherwise handling in
any way lewd, obscene, or pornographic material, or any other material
which we deem to be objectionable, including, but not limited to,
pornography, satanic materials, and any and all materials of an adult
nature. The designation of any materials as such described above is
left entirely to the discretion of the WWW Express management.
XI. Indemnification
Client agrees that it shall defend, indemnify, save and hold WWW Express
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys fees, ("Liabilities") asserted
against WWW Express, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by Client,
its agents, employees or assigns. Client agrees to defend, indemnify
and hold harmless WWW Express against Liabilities arising out of (i) any
injury to person or property caused by any products sold or otherwise
distributed in connection with WWW Express's Server; (ii) any material
supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright infringement
and (iv) any defective product which Client sold on WWW Express Server.
XII. Value Added Reselling
- Client is allowed to resell the storage and transfer services
provided to it by WWW Express. Client agrees to handle and is responsible for
all third-party customer's content, support, and handling of set-up and
maintenance.
- Client may not at any time resell, provide access to, or use
of, scripts installed on the webserver for use by a third party
(web sites not hosted at WWW Express).
XIII. Changes to Policy Statement
Client acknowledges and agrees that this Policy Statement on
the registration and use of data storage accounts may change from
time to time and that, upon thirty (30) days posting on the Internet
at: http://www.webexpress.com.au/hosterms, WWW Express may modify or amend
the terms of this Policy Statement.
This Agreement constitutes the entire understanding of the parties.
Any changes or modifications thereto must be in writing and signed by
both parties.
This Agreement shall be governed in all respects by and construed
in accordance with the laws of the Australia and the
State of New South Wales
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