e8 Australia agrees to furnish services to you, subject to the following
TOS (Terms of Sale).
Use of
e8 Australia Service constitutes acceptance and agreement to e8
Australia's AUP (Acceptable Use Policy) as well as e8 Australia's
TOS (Terms of Sale).
All provisions
of this contract are subject to the TOS (Terms of Sale) of e8 Australia
and AUP (Acceptable Use Policy). The AUP may be changed from time
to time at our discretion.
Disclosure
to Law Enforcement: Our AUP specifically prohibits the
use of our service for illegal activities. You agrees that e8 Australia
may disclose your subscriber information to a law enforcement
agency who makes a written request without further consent or notification
to you. You also agree that e8 Australia shall have the right to
terminate web-hosting services if your site is found to be conducting
illegal activities.
Payment:
Establishment of this service is dependent upon receipt by e8 Australia
of payment of stated charges.
Subsequent payments are due in advance on a 6 monthly basis.
Payments
and Fees: Service will be interrupted on accounts
that reach 24 hours past due. Service
interrupted for non payment is subject to a reconnect charge.
Accounts not paid by due date may be subject to a late fee.
Refund
and Disputes: Web hosting payments to e8 Australia are
refundable in the first 30 days after purchase. This excludes
the one time setup fee (if applicable) and subsequent charges. PLEASE
NOTE that cancelled websites will be subject to a cancellation
fee of $30.00 if the domain name has already been registered.
Failure
to Pay: e8 Australia may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve you of responsibility
for the payment of all accrued charges, plus reasonable interest
and any collection fees.
You
acknowledge that the service provided is of such a nature that service
can be interrupted for many reasons other than the negligence of
e8 Australia and that damages resulting from any interruption of
service are difficult to ascertain. Therefore, you agree that e8
Australia shall not be liable for any damages arising from such
causes. We have had an overall uptime in excess of 99.9%
over the past 48 months
Intellectual
property of e8 Australia: All dynamic scripting functions
incorporated into sites developed by e8 Australia are licensed for
use only while a site is hosted by e8 Australia. Ownership of dynamic
scripts is not passed on to web development clients and always remains
the property of e8 Australia. FTP access is not available on web
space that contains e8 Australia dynamic scripting.
New
Domain Accounts: All new accounts will be registered and
entered into our DNS servers within 12 hours. Due to Internet propagation,
however, this process may sometimes require up to 72 hours.
Transfer
of Domains: New web hosting accounts which involve the
transfer of a domain from another provider to e8 Australia may require
up to 5 or more days to propagate through the Internet. Although
domain names usually propagate in 24 hours, due to the unpredictable
nature of the transfer process, no guarantees are made regarding
the amount of time a specific transfer may take since we have no
control over that.
SPAM
and Unsolicited Commercial Email: e8 Australia takes a
zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that
customers of e8 Australia may not use or permit others to use our
servers to transact in UCE. Violations of this policy may result
in termination of service.
Indemnification:
e8 Australia wishes to emphasize that in agreeing to the e8 Australia
Acceptable Use Policy (AUP) and Terms of Sale (TOS), customer indemnifies
e8 Australia for any violation of the AUP and TOS that results in
loss to e8 Australia or the lodging of any claim against e8 Australia
by any third-party. Put simply, this means that if e8 Australia
is sued because of illegal activity on your behalf, you will
pay any damages awarded against e8 Australia, plus all costs and
legal fees.
Contact
Information: You must provide us with, and keep current, a valid
E-Mail address where we can reach you. We cannot be held responsible
for suspending or closing your account due to non payment if we
are unable contact you.
You shall not transfer or assign this Agreement without the prior
written consent of e8 Australia.
e8 Australia
is not responsible for any damages your business may suffer. e8
Australia does not make implied or written warranties for any of
our services. This includes loss of data resulting from delays,
loss of revenue, and any and all service interruptions.
It
is absolutely forbidden to host pornographic content. Accounts found
hosting this material will be subject to immediate cancellation
without notice and without refund.
Ownership
of domain names: Domain names are registered in your name.
Provided your account is in good standing, you own the domain and
it is yours to keep. Should you leave, the domain name is yours
and you can transfer it to wherever you want. NOTE:
This does not apply to accounts that are in arrears or if
you have violated our terms of sale as outlined above. In such cases,
you may purchase your domain name after settling your account.
Responsibility
for Content: You, as e8 Australia’s customer, are
solely responsible for the content stored on and served by your
website.
e8 Australia
attribution: All websites developed by e8 Australia shall
contain an attribute line which links to e8 Australia on the home
page of the developed site. See below for example
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