Club Dot Hosting will hereby be referred to as “Club.”, "we", us", "our" or "CD" . The customer will be referred to as "customer", "you", "client", "account holder" or "I". 1. Account Setup a. Eligibility. Our services are available only to, and may only be used by individuals & businesses who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer's users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services. b. We are a self service provider. The customer will manage their own account setup using the tools we have provided. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. You may be requested to provide proof of your identity and payment. Please provide us with an email address which is not at the domain you are signing up under. c. It is not possible to assign products and services across seperate accounts once ordered. Duplicate accounts can be merged into one account. d. Duplicate accounts should not be created. If you have created a duplicate account, these accounts can be merged into one management account. If however, duplicate accounts have been created for personal/business purposes (ie: One for personal, one for business) then this is permitted, however support issues must be raised within the relevant account they are for (eg: You cannot raise a support issue for one account from within another account) e. Only the authorised person listed on the account, entered at signup will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with an username and password which is required to access our "Client Area" for billing and technical support. You are required to login before we engage your account. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Requests not sent from your primary email account may not be responded too and may be deleted without notice. Please ensure you never give out your login details to anyone and that when contacting us, you ensure you do so from your primary email account that you used when signing up. ClubDot Hosting may also verify your identity by asking security questions, as required by the privacy laws in Australia and New Zealand. The client agrees to provide this information before assistance can be provided to them. The primary account holder also agrees to keep their contact information up to date at all times. f. If you wish to change the legal ownership of a whole account (and/or any of the products and services under it) there is a AUD$15.00 charge for the administration work involved which will be invoiced to the current account holder. To facilitate the transfer, the primary account holder needs to complete and fax an Change of Account Ownership Request. Please allow 5 working days for a transfer of legal ownership on the account. Changing the legal ownership of an account does not include updating the legal registrant information for any associated domain names. Doing this will incur additional fees g. If you have a shared or a reseller hosting package, the domain you have nominated on your order is the domain to have hosted on our servers and cannot simply be changed at your desire. Generally the domain you nominate on your order, be it to register as a new domain, transfer or update dns, will be the domain that will be chosen to have us host, however, if you do require us to change the domain hosted to another domain, this will incur an administration charge of $15.00 to make this change. A support ticket must be lodged to make this change. Once we have issued you with an invoice for the admininstration charge and it has been paid, the change will be implemented within 24 hours. h. If you exceed the predefined limits of your hosting package, and utilise extra resources that have not been paid or do not form part of your plan, we reserve the right to charge for the extra resources used from the intial date of usage until the present day. i. Account Activation Policy/Delivery Policy - Please be sure you read and understand our account activation/delivery policy before processing your order. 2. Content a. All products and services provided by ClubDot Hosting may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening, obscene and pornography. We do not allow pornographic sites. The customer agrees not to host such material. b. The customer agrees to indemnify, defend and hold harmless ClubDot Hosting from any claims resulting from the use of our products or services in any shape or form. ClubDot Hosting does not endorse any web site content hosted on our network and the content remains the property of the web site owner. If you wish to lodge a complaint against a web site, please click here. c. Examples of unacceptable material that is prohibited includes: IRC Bots Warez Sites Defamation of person's character Pirated Software Running processes which cause the server to crash or become non-responsive Illegal or pirated sites, content or software (including illegal torrents) Breaching copyright and trademarks Proxy servers or other servers Hate sites Pornographic sites MUD applications Hack programs and archives Spamming related sites or sites that send / relay spam email Extremists sites Phising sites Other sites where formal complaints are received Sites where CD is placed 'on notice' or where legal action will be take against a CD for hosting a web site, with supporting evidence. Sites which have been hacked / run malicious scripts d. If your web site is suspended and/or hosts any of the unacceptable material (above), we reserve the right to charge a cleanup fee for the administration time involved to attend to your account and update you on the issue at the standard rate of AUD$95.00 Inc GST per hour (minimum 1 hour). You will be responsible to resolve the issue and rectify the issue after we inform you of the breach. 3. Resource Usage a. Users may not initiate the following: Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, MySQL etc. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc unless otherwise specified within your hosting agreement with us - that is, unless you purchase a vps/dedicated server that we allow this to occur. Any activity which causes the server to crash / restart Check their email more than every 5 minutes b. We reserve the right to suspend and/or terminate any account found utilising/abusing the above items. 4. Zero Tolerance Spam & Leeching Policy a. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam.We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion. b. We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks. c. The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage, as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a clean up charge as the descretion of ClubDot Hosting. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. Running an online store. 5. Backups and data loss a. The backup function in your control panel uses high server resources and may cause the server to become less responsive, affecting the web site performance for other users. You agree to only perform backups of your site (databases, web space, etc) using the backup function in your hosting control panel between the off peak hours (Offpeak is classified between 11.30pm Australian Eastern Standard Time and 7am Australian Eastern Standard Time). Using the backup function outside of these times may result in your account being suspended. b. Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times. c. We are not liable for any data loss due to server failure, any other failure whatsoever, or unforeseeable corruption of programs, hacking, etc. The client should always have a backup or storage of data that is not corrupted and is available to be used if necessary. If you perform updates to your site, pages, emails etc and for some reason or another, data loss is experienced, it is up to you as a client to ensure you performed your own backup before hand. We cannot stress this enough. d. We provide backup tools in your control panel which will allows you to perform backups of your account when required, or you can always download your web site files from our server for external storage. e. We do perform backups of our own servers on a daily basis. These backups are for internal archive use only, such as major disaster recovery or catastrophic failure. Should a server fail to the point where we are required to use these backups, please bare in mind that our backups may not be as up-to-date as your data. Once again, we hold no responsibility for your data, data loss or any issues that may occur with these backups and it is your own responsibility to ensure you have your own backups available, should one need to be restored for any reason. 6. Free Transfer Policy a. Our "Free Transfer" policy only applies to those transferring their accounts from an already existing cPanel hosting service. We will transfer all existing files, databases, email accounts etc via the cPanel transfer utility free of charge. b. If you are not currently on a cPanel hosting service, then free transfers do not apply and any transfers performed are subject to our IT service rates, charged under our "Workshop Rates" c. The free transfer only applies to transferring the data and sites. We will not edit, manipulate or re-code files upon transfer. This is up to the client to do themselves. If we are requested to perfrom such actions, we will do so at our standard workshop rates. 7. Support a. If the customer is experiencing difficulties or issues with your hosting, you are required to notify us of the issue immediately, so we may resolve the issue. If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue. We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters. You must allow a reasonable time period for your issues to be resolved. b. Live assistance is not available. As such, if you require any technical support, a support ticket must be lodged via our client area. This ensures that our technical team will receive your request and respond as quickly as possible. c. Live chat is not available. d. For each issue with your account, a seperate support ticket must be logged. When logging suport tickets, it is important and vital that you provide us with: i: Details as to the issue you are experiencing. ii: Details of any error messages you are receiving (if any) iii: Account Name, Username and password details to the account that is experiencing the issue iv: What steps you may of taken to check this issue further (if possible) v: Any domain or account details, such as software login, management or child restraints. Failure to provide enough information may result in your support ticket being rejected or assistance taking longer than normal. e. Regardless of if an issue has been mentioned in a previous ticket, it should all be lodged as seperate tickets so as we can accurately track the status of your account and the work performed to it. This is also required as a method of being able to see what work has been performed to your account over time as well as an audit trail to compare with. This also matters on a legal standing, that should details of your account and its work be called up by a legal team at any tme, we are able to produce such details upon legal request. f. Software - In regards to this, our support on software and CMS (Content Management Systems) is very limited. We can only offer limited support on this software purely because although it may be a part of a package offered, such as Fantastico or cPanel, we cannot offer direct technical support on it. It is suggested that you contact the software developer or your website developer for assistance on your chosen software product for support and and advise if you experience technical issues. Under our support, we do however cover issues such as: i: Limited advice on how to resolve some issues. ii: Details of what an error may be related to. iii: Limited server or service reconfiguration (if found to be a direct issue with our configuration, not an issue with your configuration) iv: What steps you may of taken to check this issue further (if possible) v: Issues with cPanel, WHM or the physical server software that publishes your webpages. Under our support, we do not cover issues such as: i: Development or coding issues ii: Modifications, upgrades or migrations iii: Reconfigurations to your chosen system to work with our systems Most software products will work on our server systems and require very little adjustment. If in doubt, check the system requirements and request technical support from the software developers or your website developer. Any work we do carry out on your website software to do with upgrades, modifciation installations, migrations or coding issues may be subject to a "Workshop Labour" charge, as it falls under "Web Developement" and is not covered by our standard hosting agreement. See our IT Services page for details on these charges. If you are a client who has a Server Management plan with us, this also applies to you. We will only ever offer technical support for the server software however no additional third party software can be easily supported due to the nature of each product being different. Products we will cover with our technical support are: i. cPanel/WHM (unless unmanaged service - VPS, Dedicated & Colocation Services) ii. PHP, Apache, MySQL, PostgreSQL, TomCat iii. Operating System Issues iv. RVSiteBuilder (unless unmanaged service - VPS, Dedicated & Colocation Services) v. General Fantastico issues (does not apply to software that is installed by Fantastico) vi. Virtuzzo Power Panel/Containers (unless unmanaged service - VPS, Dedicated & Colocation Services) Examples of Products we will not cover with our technical support are: Blogs: b2evolution  Nucleus  pMachine Free  WordPress  Portals/CMS: Drupal  Geeklog  Mambo Open Source PHP-Nuke phpWCMS phpWebSite Post-Nuke Siteframe Typo3 Xoops Customer Support: Crafty Syntax Live Help Help Center Live osTicket (1.3.1) (website) PHP Support Tickets Support Logic Helpdesk Support Services Manager Discussion Boards: phpBB2 SMF E-Commerce: CubeCart OS Commerce Zen Cart FAQ: FAQMasterFlex Guestbooks: ViPER Guestbook Image Galleries: 4images Gallery Coppermine Photo Gallery Gallery Mailing List: PHPlist Polls and Surveys: Advanced Poll phpESP PHPSurveyor Project Management: PHProjekt dotProject Site Builders: Soholaunch Pro Edition Templates Express Wiki: PhpWiki TikiWiki Other Scripts: Dew-NewPHPLinks Moodle Noah’s Classifieds Open-Realty phpAdsNew PHPauction phpCOIN phpFormGenerator WebCalendar If you have any questions about what we cover or don't cover, feel free to lodge a support ticket with us and we will provide you with more information. 8. Security a. We may introduce new security measures from time to time to help prevent malicious use and attacks on and to our servers. This includes regular maintenance and upgrades to our server/s and its software. b. We have a strict client security policy in place as well as important information all clients must understand before signing up to our services. You can review our Customer Security information here c. Upon signup to our services, it is important that all customers understand our security measures, including our security verification methods. This includes providing us with a security password verfication method. These methods are in place to protect you, the customer, whereas we can easily indentify you should any information need to be disclosed regarding your account. 8a. Security Password Policy i. It is important that you select a secuirty password that you can easily provide to us to verify your account, should you contact us regarding important information or changes to your account. ii. We recommend that you use a security password or identification method that you can remember but that no-one else knows. Security passwords such as a combination of numbers and letters are best. iii. All details provided to ClubDot Hosting are stored and encrypted securely on our networks and are not linked to any of ClubDot's services in any way. These details remain strictly confidential and shall not be provided to any other company or third party without written permission and identification from the owner or under circumstances where a legal requirements needs to be met, such as a court order or magistrate request. iv. Passwords that use profantiy, explicit words or of any offensive nature may result in having your order rejected, account cancelled or suspended at our discretion. v. We reserve the right to decline security passwords if they do not meet the standards as outlined in our Terms of Service. vi. If you do not agree to any of our security methods in place, we request that you do not place an order with us as these methods are our strict policy put in place to protect our clients. 9. Payment a. The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must Contact Us 14 days prior to your anniversary date of subscription b. ClubDot Hosting reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges if this occurs. d. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us. e. Your account will not be created until funds have been received in full as cleared funds. It is your responsibity to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a AUD$10.00 administration charge, to cover our bank fees and company administration. We may remove any accounts for which payment has not been received. f. We reserve the right to change and refuse payment methods to clients at our sole descresion. If payment is not received 7 days after the invoice due date, we reserve the right to charge a late payment fee of AUD$10.00 and suspend your account. g. Dishonoured cheques will attract an administration charge of AUD$50.00. h. If the client account is unpaid after 14 days, ClubDot Hosting reserves the right to allow a debt collection agency to obtain information to recover the debt. Your information may also be given to legal practitioners and credit agencies if proceedings are initiated. All fees and charges incurred by these proceedings will be added to the overdue amount and are required to be be paid. PayPal & Paymate Payments h. If you have signed up using PayPal or Paymate subscription, your paypal account will be rebilled on the due date of future invoices. Our system generates and emails you an electronic invoice when your service is due for renewal. Should you cancel your service with ClubDot Hosting, it is your responsibility to ensure you cancel the subscription via paypal or paymate. If you do not process the cancellation with Paypal or paymate, you will continue to be charged automatically by these services. Should you then require a refund due to ongoing payments, a $10 administration charge will apply to cover costs in processing the refund. Credit Card payments i. If you have signed up using credit card, your credit card will be automatically be rebilled each billing cycle for your account. Our system generates an electronic invoices 7 days prior to your package renewal date. to which will automatically charge your credit card within 48 hours of the invoice generation. By selecting credit card payment on signup, you agree to these terms. If you do not agree to this occurring, we suggest you do not select credit card payments and you should select an alternate payment method. j. Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in credit card account, we reserve the right to add AUD$10.00 per failed transaction to your account, to cover our transaction fees and administration costs. We also reserve the right to change your billing method from automatic credit card payments to manual payments, where the user is required to login and make payment. k. You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card. l. If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a AUD$50.00 administration fee applies per chargeback request. Credit Terms By default, all accounts are invoiced a minimum of 7days prior to the anniversary of your signup. These invoices are to be paid within the 7 days. If they are not paid within the 7 days, they will fall into overdue, where at any time, we reserve the right to suspend your account due to non-payment. We do not provide credit terms unless formally agreed in writing and the appropriate credit checks are performed. If you wish to apply for credit with us, you must contact our Accounts Department to discuss this. All invoices are due at time of order or 7 days if service is active. 10. Package changes a. From time to time, we may update our hosting package plans.Customers on previous plans will not be automatically upgraded to the newest version of the plan. Customers on previous plans will keep the features of their current hosting package. If a customer wishes to upgrade to the newest plan, a AUD$5.00 administration fee will apply, unless waived by us. Your hosting account may also need to be transferred to another server to take advantage of the newer features. Packages are up-to-date as of 1st March, 2008 11. Suspension a. We reserve the right to suspend your account if you have an outstanding invoice/account, your account is in dispute or if you are in direct violation/breach of any of the terms disclosed in this agreement. b. If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If your account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full. c. We reserve the right to pass yor information onto a collections agency for debt recovery, if for 14 days your account remains unpaid. d. We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating any activities which may reduce the security of other web sites on our servers, or where ClubDot Hosting has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false. e. We may investigate to recover any outstanding debts. 12. Microsoft Frontpage Extensions a. Microsoft Frontpage 98 extensions are not supported by our systems, as Microsoft has removed support for this version of frontpage. Frontpage Extensions 2000+ are supported, but limited support is available for this. If you find you have an issue with Frontpage extensions, chances are that this support is being removed by our software providers. 13. Cancellation a. ClubDot Hosting reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given. b. Any proof of misleading, giving false information, abuse, swearing, extortion, harassment, improper conduct, attempting to damage relations reputation or goodwill of ClubDot Hosting or attempting to damage relations of its employees, third party providers, wholesaler providers will lead to automatic cancellation of your account without refund. You agree you will not damage relations, reputation or goodwill with ClubDot's current, future and prospective clients. This can be by email, live chat, forums, web sites, telephone and may include threatening, attempting to damage business relations or reputation, providing incorrect information, extortion, harassment, improper conduct, abuse, swearing, publishing and distribution of any communication between you, employees, third party providers or wholesaler providers, or other unlawful activities. We also reserve the right to seek and claim damages and losses. c. If you have paid for a year's access and received a free domain name, the domain name remains with the property of the registered owner. d. How to cancel your account: To cancel your account or products and services on your account, please submit a support ticket advising us of your request. You must provide a minimum of 14 days notice prior to your product/service renewal date if you do not wish your product/service to renew. When cancelling your account, you are able to either select immediate cancellation or cancellation at the end of your billing period. Please note that immediate cancellations will be processed immediately, and as such, your account on our server will be terminated immediately. If you do not wish for this to occur, you are required to select the alternative cancellation option. If you have any questions regarding the cancellation process, please contact our Accounts Department via email at: accounts@ClubDothosting.com.au e. Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage, discuss or alter your account in any way once your account has been cancelled. f. No refunds or credit will be given if you cancel your account or downgrade to a lower package. If you downgrade to a lower package a AUD$5.00 charge may apply. If you have a credit on your account and refunded, a AUD$5.00 administration charge may apply. If you have a subscription enabled with either Paypal or Paymate, you must cancel this subscription yourself. Failure to do so will result in payments continuing to be automatically debited from your nominated account or credit card. Refunds of these payments can be issued however they will incur a $10 administration charge to cover our company administration and various fees. g. Hosting, Domain names, SSL certificates and account add-ons are non-refundable. h. If your account with ClubDot Hosting has been suspended or terminated due to unpaid accounts, and you would like to reactivate your account, a AUD$40.00 Inc GST administration fee will apply to cover the admin time involved in recreating your account and updating our billing system. i. If your account remains unpaid for a period of 14 days, we reserve the right to terminate your account at our discretion. j. If you have filed a cancellation request but have failed to provide the above notice required, any outstanding invoices will still be required to be paid. Failure to pay any outstanding amounts may result in your account being referred to our legal team for recovery, to which you will be liable for all costs inurred to do so. K. After your cancellation is complete, we will still retain information regarding transaction history, account history, ticket information and other account related information for taxation, administrative and legal purposes for a minimum period of 7 years. This information will be held in accordance with our Security and Privacy policies at all times and will not be released unless required by law in the form of a court order or magistrate request. 14. Colocation Policy a. You as a customer are only allowed to remove your equipment from our colocation facilities if and only if all outstanding invoices and accounts are paid and up-to-date. All access and removal of equipment will be declined until all accounts are paid and up-to-date. b. Should you request us to remove your equipment from the facility and ship the equipment to you, you as the customer will be responsible for all labour costs and shipping charges. These charges must be paid before any equipment is shipped to you and all accounts must be paid and up-to-date. c. If your colocation service is cancelled or terminated due to unpaid accounts, a breach of our terms of service or other reason as outlined by management, no refunds will be offered or issued. d. If in conjunction with Clause C of our colocation policy your equipment is left unclaimed after a period of 3 months, it will become property of ClubDot Hosting, to which we are authorised to sell or auction at our sole discretion to recover any costs outstanding. e. In the event of server disconnection, power down or suspension of service, a $35 re-connection fee will apply per server to re-instate services. 15. Bandwidth Usage / Disk Space a. It is your responsibility to upgrade your account and monitor your account usage. b. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer's responsibility to ensure they do not exceed their assigned limits. c. Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. d. Unused transfer in one month cannot be carried over to the next month. 16. Price Change a. We reserve the right to change prices listed on ClubDot Hosting, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us. 17. Money Back Guarantee a. If you find that you are not completely happy with your service provided by CD within 30 days of initial signup, you may contact us to request a full refund for services (excluding domain registration fees and any outstanding amounts owning) b. Money back guarantee does not apply if you have been a client of CD previously or if you are an existing client. c. From time to time, CD may query a client regarding their reasons for cancellation. By signing up with us, you agree that we may query your reasoning for cancellation. The information obtained from these questions will only be used as reference information for quality and training purposes so as we can determine improvements required for our services. d. Money back guarantee does not apply if your service/s is/have suspended or terminated due to breach of our terms of service. e. Money back guarantee does not apply if you are providing 24 hours notice cancellation prior to your renewal order due date. f. Dedicated Servers are not eligible for a 30 day money back guarantee. g. Setup fees are non-refundable. 18. Abuse Policy a. ClubDot Hosting has a very strict abuse policy in place. As such, any abuse towards our staff will not be tolerated and any client, contact or contractor of the client, or authorised representative of the client found abusing or disrespecting any of our staff members may have their hosting account and/or services suspended or cancelled without notice. b. Examples of unacceptable abuse: 1. Swearing towards or at ClubDot staff and/or its associates 2. Any disrespectful or defamitory comments against or towards ClubDot Hosting staff (this includes libel) 3. Bold or capitalised communications in the forms of but not limited to: i. Emails ii .Phone communications, either by verbal direct or voicemail iii. Live chat transcripts or communications iv: MSN Live chat transcripts v: Any other form of written or verbal communication with ClubDot Hosting any of its staff 4. Any client found peforming any form/act of abuse towards our staff or any of its contractors or associates in accordance with the above policy is immediately subject to either cancellation or suspension of their hosting account/services with ClubDot Hosting. As such, if we nominate to cancel/terminate hosting, we will do so at our own discretion without notice and as such, your data can and is subject to complete removal from our server wihout any notification. No refunds will be provided under these circumstances. 19. Indemnification a. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ClubDot Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ClubDot Hosting's server. ClubDot Hosting does not guarantee uptime. By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification . 20. Reporting violations of ClubDot Hosting's Terms of Service/Acceptable Use Policy ClubDot Hosting requests that anyone who believes that there is a violation of this TOS/AUP direct their communcations with any information to abuse@clubdot.com.au If available, it is requested that the following information be provided: The IP address used to commit the alleged violation The date and time of the alleged violation, including the time zone or offset from GMT Evidence of the alleged violation Email with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. ClubDot Hosting may request or take any one or more of the following actions in response to complaints: Issue a written or verbal warning Suspend the members account Terminate the members account Bill the member for administrative costs and/or reactivation charges Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations of this policy 21. Disclaimer a. ClubDot Hosting will not be responsible for any damages your business may suffer. ClubDot Hosting makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service avilabaility. ClubDot Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes, but is not limited to, loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery, and any and all service interruptions caused by ClubDot Hosting and its employees. 22. Changes to the Terms and Conditions a. ClubDot Hosting reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions, that can be accessed on our web site at any time. 23. Governing law This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Australia and New Zealand, as if the Agreement was a contract wholly entered into and wholly performed within the countries of Australia and New Zealand. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the Australian or New Zealand Court, or if there is no jurisdiction in such court, then in a state court in Canberra, New South Wales. You consent to the personal and subject matter jurisdiction of any state or Federal court in Canberra, New South Wales in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.   Terms and Conditions of Use By using our services you agree to the following terms and conditions of use. These may change at any time so please revisit this page to keep advised of any changes. © ClubDot Hosting 2010. All rights reserved Legal Stuff   All Prices are in Australian Dollars Site by ClubDot