WEB HOSTING TERMS of SERVICE
All accounts and customers of @Smart Artist Web Hosting
Australia, are bound by these Terms of Service. Please read them
carefully.
1) It is the customers responsibility to ensure their contact
information for both web hosting and domain name accounts
remains current. This includes at minimum a current postal
address, and email address.
2) Any accounts in excess of 30 days past due are subject to
termination of service without further notice. @SmartArtist
reserves the right to charge for account reactivations.
3) @SmartArtist take no responsibility for any files placed
in a users web or email space. All customers are advised to keep
back-ups of all files and data off-server in case of unforeseen
circumstances.
4) Customers are responsible for renewing their associated
domain names. Registrars send out notifications via email when
renewals are due, it is the customers responsibility to ensure
their domain name registrar has a current email address for
notifications.
5) The Customer may only use @Smart Artist's services for
lawful purposes. In the event that at any given time, @Smart
Artist believes that the service is being used by the Customer
in contravention with any of the terms and provisions contained
in this Agreement, @Smart Artist has the right to immediately
discontinue such service to Customer without liability. The
following are restrictive uses and shall be cause for the
immediate termination of web services and this Agreement without
notice to the Customer:
a. Unauthorized distribution or copying copyrighted
software, violation of Australian/US export restrictions,
embarrassment, fraud, trafficking in obscene material, drug
dealing, and other illegal activities;
b. Using a non-existing email return address on a commercial
solicitation, spamming (sending unsolicited advertising to
numerous email addresses or newsgroups and/or generating a
significantly higher volume of outgoing email than a normal
user), trolling (posting outrageous messages to generate
numerous responses, mail-bombing (sending multiple messages
without significant new content to the same user), subscribing
someone else to a mailing list without that person's
permission, cross-posting articles to an excessive number of
newsgroups, or attempting without authorization to enter into
a secured computer system. Smart Artist reserves the right to
determine what is Net abuse; DO NOT SEND UNSOLICITED
COMMERCIAL EMAIL, BULK EMAIL, EMAIL WITH FORGED HEADERS, OR
POST IN VIOLATION OF USENET POLICIES. YOUR ACCOUNT WILL BE
IMMEDIATELY TERMINATED AND YOU WILL BE RESPONSIBLE FOR ALL THE
COSTS OF THE NETWORK DISRUPTION YOU CREATED. You will be
charged $3.00 for EACH individual email which contravenes the
above policy.
c. Tortuous conduct such as posting of defamatory, libellous,
scandalous, or private information about a person without
their consent, intentionally inflicting emotional distress, or
violating trademarks, copyright, or other intellectual
property rights;
d. The Customer expressly understands and agrees that illegal
Adult oriented Websites featuring nudity and acts of a sexual
nature are expressly prohibited. @Smart Artist reserves the
right to immediately terminate and remove any such
unauthorised Websites without notice and discontinue service
to Customer without notice or liability for actual,
compensatory or consequential damages to Customer for the
interruption in service.
e. MUDDS, List-servers, IRC, chat applications (particularly
perl/PHP
chat programs), or any other Internet application that are not
Website specific, are specifically prohibited.
f. @Smartartist reserves the right to suspend or discontinue
hosting any site which make excessive use of shared resources,
or which provides a security risk of any kind.
6) No Account will be used for the supply of free services -
i.e. customers and users must not give away free web
space/pages, email accounts, DNS services, etc. or install
software designed for such purposes. Use of third party
offerings such as everyone.net is permitted.
7) While we do attempt to filter incoming email viruses, it
is inevitable that some will be delivered. Our virus filtering
is not a substitute for properly securing your own computer
against outside attacks. @SmartArtist assumes no responsibility
for any computer virus you may receive, or subsequently become
infected with, via any email account held on the @SmartArtist
servers.
8) @Smart Artist will utilise its best efforts to maintain
acceptable performance of services, but makes absolutely no
warranties whatsoever, express or implied, including warranty of
merchantability or fitness for a particular purpose. @Smart
Artist cannot guarantee continuous service, service at any
particular time, or integrity of data stored or transmitted via
its system or via the Internet. @Smart Artist will not be liable
for the inadvertent disclosure of, or corruption or erasure of,
date transmitted or received or stored on its system. @Smart
Artist shall not be liable to Customer or any of its customers
for any claims or damages which may be suffered by Customer or
its customers, including, but not limited to, losses or damages
of any and every nature, resulting from the loss of data, or
inability to transmit or receive information, caused by, or
resulting from, delays, non-deliveries, or service interruptions
whether or not caused by the fault or negligence of Smart
Artist.
9) Customer agrees that it shall defend, indemnify, save and
hold harmless from any and all demands, liabilities, losses,
costs, claims, including reasonable attorney's fees,
("Liabilities") against Smart Artist, its agents, its
customers, servants, officers, employees, that may arise or
result from any services provided, performed or agreed to be
performed or any product sold by Customer, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold
harmless Smart Artist against Liabilities arising out of any
injury to person or property caused by any products sold or
distributed in connection with Smart Artist's server; and
material supplied by Customer infringing or allegedly infringing
on the proprietary rights of a third party; copyright
infringement and any defective product which Customer sold on
@Smart Artist's Server. As a result of this, Customer agrees
that @Smart Artist shall not be liable to Customer for any
claims of actual, compensatory and/or consequential damages
which may be suffered by Customer, including, but not limited
to, losses or damages due to the loss data resulting from
delays, non deliveries, or service interruptions caused by the
fault or negligence of @Smart Artist. Notwithstanding the above
mentioned, Customer's exclusive remedies, damages, losses and
causes of actions shall not exceed the aggregate dollar amount
which Customer paid during the term of this Agreement.
10) Account cancellations may only be made via the form
provided on the support page. Under no circumstances are
cancellations taken via telephone. Receipts are issued
once the request is made. Accounts that remain open take up
accounting resources and server space, regardless of whether the
associated domain name may have lapsed or been moved elsewhere.
The client is liable for all payments owing up until the date of
the cancellation receipt.
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