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TThe term "Zen115hosting"
refers to Zen115 Hosting Pty Ltd (A.B.N - 47 097 040 849). 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 Zen115 Hosting 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 Zen115 Hosting are processed via Zen115 Hosting's web site and
payments processing system powered by Direct One (www.directone.com.au)
In most cases you will be invoiced via Zen115 Hosting Pty Ltd
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Zen115
Hosting
will provide the
Customer with a user name and password which will allow the Customer
to access their Web site and control panel account.
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The Customer must pay
to Zen115 Hosting the Web Hosting Fee and Domain Registration or Delegation
Fee in advance of Zen115 Hosting registering the Customers Domain name and
hosting the web site.
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If the Customer agrees
to carry the Zen115 Hosting logo then the logo must appear on all of the
following pages: index.htm; index.html; index.cgi; default.htm;
default.html.
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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 Zen115 Hosting to the risk
of any claim, legal or administrative action or prosecution.
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Zen115
Hosting
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 Zen115 Hosting 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 byZen115 Hosting for generating
bulk (spam) e-mail.
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Zen115
Hosting
accepts no
liability for e-mail messages that may not reach the intended
destination or are delayed.
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Zen115
Hosting
accepts no
responsibility whatsoever for any material held on Zen115 Hosting or its
agents servers or any information held or e-mail passing through Zen115
Hosting's systems and / or servers, including original artwork
supplied for scanning and inclusion on their web site.
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Zen115
Hosting
accepts no
liability whatsoever for damage due to information that is lost from
a Zen115 Hosting 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 Zen115 Hosting and may result in
further legal action. (Zen115 Hosting 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
Zen115 Hosting 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 Zen115 Hosting
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 Zen115 Hosting
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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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Zen115
Hosting
reserves the
right (but is under no obligation) to "Remove from Internet
Access" any part of the Customer Data that, in Zen115 Hosting'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 Zen115 Hosting.
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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, Zen115 Hosting will restore from the last known good archive.
Should all of Zen115 Hosting'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. Zen115 Hosting 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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Zen115
Hosting
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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On termination or
expiry of this agreement, Zen115 Hosting may delete all Client Data from any
storage media
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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 Zen115 Hosting.
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Zen115
Hosting, 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 Zen115 Hosting to accept the Customer's
site. The Customer agrees that Zen115 Hosting or its agents shall not be
liable for loss or damage that may result from Zen115 Hosting's refusal to
accept the Web Site application.
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Zen115
Hosting
reserves the
right to change these terms and conditions.
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