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APC-Hosting Service Agreement
This agreement is between APC-Hosting,
the web hosting line of service from APCINTERNET (ABN 41 054
700 864) in Sydney, Australia and the authorised entity/person
(User). |
- Subject to the provisions hereof, the account will be
opened upon receipt of contract, and repeated in each successive
billable period thereafter at the then applicable prevailing
rates and charges, unless written notice of cancellation
is received from User at least 30 days prior to the beginning
of the next billable period.
- The billable service period begins on the first day of
the month following the date of the services indicated in
this agreement become available to User.
- All charges are made in Australian Dollars by APCINTERNET to the designated credit card on the account for web hosting on the aniversary of the "billable period" or the 1st of the month following the provision of related services.
- Charges for "billable period rate" services are payable
prior to the beginning of each period. Failure to pay in
no way relieves the User's obligations to make full payment.
User hereby agrees to pay and all legal fees including attorney
fees, court costs, and related expenses by APC-Hosting in
the collection of any amount due to it.
- APC-Hosting may, within 30 days written notice, amend
the rates and or charges for any future server usage and/or
services.
- User agrees to use all APC-Hosting services and facilities
at User's own risk. APC-Hosting specifically disclaims all
warranties of merchantability and fitness for a particular
purpose. In no event shall APC-Hosting be liable for any
loss, or loss of data, or any other damages.
- User agrees to protect and indemnify APC-Hosting against
any and all liability, loss, or expense arising from claims
of libel, unfair competition, unfair trademarks, trade names
or patents, violations of rights and privacy infringement
of copyrights and property resulting from User's use of
APC-Hosting services.
- User agrees to all the provisions of APC-Hosting's Acceptable
Usage Policy. Strict financial penalties apply for misuse
of the account by sending mass "Unsolicited Commerce
Email" SPAM from APC-Hosting servers. This policy may
be revised without notice. It is the responsibility of the
User to review Acceptable Usage Policy periodically.
- APC-Hosting reserves the right to cancel any account,
at any time, without notice, for any breach of these Terms
and Conditions, a breach of the Acceptable
Usage Policy, or for any reason APC-Hosting considers
appropriate. At APC-Hosting's discretion, access to APC-Hosting
services may be revoked at any time for abusive conduct
on the system and/or the Internet and its resources as a
whole.
- User agrees not to use disk space provided by APC-Hosting
for uploading files not directly related to his/her web site.
User agrees not to store archival files in the disk space
provided by APC-Hosting. 90% of files stored on the server
must be linked to the web site. User also agrees not to use
any server side program that requires unusual amount of
server resources. If User web site's server processing usage
exceeds what is considered usual, APC-Hosting shall offer
new pricing deemed appropriate for such usage by APC-Hosting.
If User declines the said offer, APC-Hosting may cancel
User account at APC-Hosting's discretion. APC-Hosting reserves
the right to shut down any portion of User's hosting account
without any prior notice at its sole discretion in the event
APC-Hosting determines the User's hosting account to be
adversely effecting the integrity of the server environment.
APC-Hosting is the sole arbiter of what constitutes a violation
under this agreement.
- User is solely responsible for usage of APC-Hosting services
and any statement User makes on APC-Hosting's system may
be deemed a "publication" of the information entered. Acknowledging
the foregoing, User specifically agrees not to use APC-Hosting's
service in any manner that is illegal, or against any APC-Hosting
policy.
- This agreement shall be governed by and interpreted in
accordance with the laws of the State of New South Wales,
Australia.
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