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The term
"Ezihosting" refers to Ezihosting Pty Ltd (A.B.N - 47 097 040 849).
TA ezihosting.com. The
"Customer " is any person who is authorised to use the
Account. The "account" means the Customer and the
Designated Customers right to use the service. The "agent"
refers to any external contractors that Ezihosting deems appropriate and
any conditions that they may imply.
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This agreement
commences on the date listed in the order form and continues until
expiry of the Term, or until earlier termination in accordance with
this agreement.
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All
payments to Ezihosting are processed via Ezihosting's web site and
payments processing system powered by Direct One (www.directone.com.au)
In most cases you will be invoiced via Ezihosting Pty Ltd
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Ezihosting
will provide the
Customer with a user name and password which will allow the Customer
to access their Web site and control panel account and or their
domain name management interface used.
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The Customer must pay
to Ezihosting the Web Hosting Fee and Domain Registration or Delegation
Fee in advance of Ezihosting registering the Customers Domain name and
hosting the web site.
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The Customer undertakes
that all text and graphics and other items contained on the
Customers web site will be either the property of the Customer or
appropriate permission to use the material has been obtained from
the owners of the copyright.
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All data uploaded to
the web site under this agreement will not expose Ezihosting to the risk
of any claim, legal or administrative action or prosecution.
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Ezihosting
reserves the
right, where specific server programs such as Microsoft FrontPage
are offered, to run programs on the platform of its choice.
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Customers are not
authorised to use Ezihosting or its agents server machines for any
purpose other than hosting web sites.
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The Customer agrees not
to use use e-mail aliases that are created by Ezihosting for generating
bulk (spam) e-mail.
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Ezihosting
accepts no
liability for e-mail messages that may not reach the intended
destination or are delayed.
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Ezihosting
accepts no
responsibility whatsoever for any material held on Ezihosting or its
agents servers or any information held or e-mail passing through
Ezihosting's systems and / or servers, including original artwork
supplied for scanning and inclusion on their web site.
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Ezihosting
accepts no
liability whatsoever for damage due to information that is lost from
a Ezihosting Web site.
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Any reading of any
directories other than the users own home directory WILL result in
immediate cancellation of all accounts with Ezihosting and may result in
further legal action. (Ezihosting logs all user actions. These are not
normally examined except in the event of expected security breaches.
Any unauthorised activity discovered, even if not related to
security breach being investigated may result in cancellation of all
Ezihosting accounts.)
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Any attempt at hacking
machines, web sites, compromising passwords, logging into gateway or
router machines upon which user does not have permission or an
account will result in the immediate cancellation of all Ezihosting
Accounts and may result in further legal action.
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A Web Server is
sold to a particular company and that company may not resell space
on that Web Server without express permission from Ezihosting
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The Customer agrees
that it will keep secure any passwords used to upload data to the
Server.
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Ezihosting
reserves the right (but is under no obligation) to "Remove from
Internet Access" any part of the Customer Data that, in Ezihosting's
opinion, infringes any of the terms set out in this agreement.
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The Customer is solely
responsible for dealing with persons who access the Customer Data,
and must not refer complaints or inquiries in relation to the
Customer Data to Ezihosting.
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Customer's data will be
archived onto backup mechanisms on a regular basis for the purposes
of disaster recover. In the event of equipment failure or data
corruption, Ezihosting will restore from the last known good
archive. Should all of Ezihosting's archives be corrupted , or in the event that
an old archive is used to restore data, the Customer should be
prepared to upload their data to their Web Site. This process
requires that the Customer maintains a recent copy of their data at
their premises at all times. There may be a fee charged for this
service of restoring a backup.
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Either party may
terminate this agreement by 30 days notice in writing (written or
fax) to the other party. If the Customer is in breach of this
agreement then no fees will be refunded. Ezihosting is under no
obligation to refund fees to Customers who for whatever reason
decide to terminate this agreement before it has ended.
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Ezihosting
reserves the
right to shutdown accounts at any time or delete information and
data stored in or about that account if payment is outstanding.
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Ezihosting reserves the right to
refuse technical support for accounts that are outstanding even if
they have not yet been suspended.
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On termination or
expiry of this agreement, Ezihosting may delete all Client Data from any
storage media without further recourse.
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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
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The Client may not
assign its rights and obligations under this agreement without the
prior written consent of Ezihosting.
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Ezihosting, in its sole
discretion, reserves the right to refuse to approve a Web Site
application for any Customer. The Customer agrees that submission of
the Web Site Order does not obligate Ezihosting to accept the Customer's
site. The Customer agrees that Ezihosting or its agents shall not be
liable for loss or damage that may result from Ezihosting's refusal to
accept the Web Site application.
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If the Customer agrees
to carry the Ezihosting logo then the logo must appear on home page
or all of the
following pages: index.htm; index.html; index.cgi; default.htm;
default.html. index.php
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Ezihosting
reserves the
right to change these terms and conditions.
