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Terms of Service for AU1.NET Hosting
Services
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1. ACCEPTANCE OF TERMS Welcome to
Au1's AU1.NET Hosting Services. Au1.Net Pty
Ltd ("Au1") provides the AU1.NET Hosting
Services service to you, subject to the
following Terms of Service ("TOS"), which
may be updated by us from time to time
without notice to you; provided that, we
will not alter Section 5 ("Content Submitted
to AU1.NET Hosting Services") without prior
notice to and acceptance by you. You can
review the most current version of the TOS
at any time at: http://www.au1.net
2. DESCRIPTION OF SERVICE AU1.NET
Hosting Services currently provides users
with access to web page hosting services,
for general hosting, specalised real estate
hosting with data bases uses. Unless
explicitly stated otherwise, any new
features that augment or enhance the current
Service, shall be subject to this TOS. Now,
this next part seems really damn obvious,
but everyone else has it in their TOS's so
someone's probably gotten sued for not
having it. So: In order to use the Service,
you must obtain access to the World Wide
Web, either directly or through devices that
access web-based content, and pay any
service fees associated with such access. In
addition, you must provide all equipment
necessary to make such connection to the
World Wide Web, including a computer and
modem or other access device.
3. AU1 PRIVACY POLICY see separate
document as posted on the au1.net main site.
4. MEMBER CONDUCT You understand that
all information, data, text, software,
music, sound, photographs, graphics, video,
messages or other materials ("Content"),
whether publicly posted or privately
transmitted, are the sole responsibility of
the person from which such Content
originated. This means that you, and not
Au1, are entirely responsible for all
Content that you upload, post or otherwise
transmit via the Service. Au1 does not
control the Content posted via the Service
and, as such, does not guarantee the
accuracy, integrity or quality of such
Content. You understand that by using the
Service, you may be exposed to Content that
is offensive, indecent or objectionable.
You agree to not use the Service to: (a)
upload, post or otherwise transmit any
content that is unlawful, harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or
racially, ethnically or otherwise
objectionable; (b) harm minors in any way;
(c) impersonate any person or entity,
including, but not limited to, a Au1
official, forum leader, guide or host, or
falsely state or otherwise misrepresent your
affiliation with a person or entity; (d)
upload, post or otherwise transmit any
Content that you do not have a right to
transmit under any law or under contractual
or fiduciary relationships (such as inside
information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under
nondisclosure agreements); (e) upload, post
or otherwise transmit any Content that
infringes any patent, trademark, trade
secret, copyright or other proprietary
rights of any party; (f) upload, post or
otherwise transmit any material that
contains software viruses or any other
computer code, files or programs designed to
interrupt, destroy or limit the
functionality of any computer software or
hardware or telecommunications equipment;
(g) interfere with or disrupt the Service or
servers or networks connected to the
Service, or disobey any requirements,
procedures, policies or regulations of
networks connected to the Service; (h)
intentionally or unintentionally violate any
applicable local, state, national or
international law, including, but not
limited to, regulations promulgated by any
rules of any national or other securities
exchange and any regulations having the
force of law; (i) "stalk" or otherwise
harass another; (j) collect or store
personal data about other users; (k) promote
or provide instructional information about
illegal activities, promote physical harm or
injury against any group or individual, or
promote any act of cruelty to animals. This
may include, but is not limited to,
providing instructions on how to assemble
bombs, grenades and other weapons, and
creating "Crush" sites;
5. CONTENT SUBMITTED TO AU1.NET
Hosting Services
Au1 does not claim ownership of the Content
you place on your AU1.NET Hosting Services
Site. Au1 may quote or reproduce small
portions of your content (if you have made
it public) in order to promote your AU1.NET
Hosting Services site and/or the AU1.NET
Hosting Services service, but only on a
fair-use-type basis.
You acknowledge that Au1 does not pre-screen
Content, but that Au1 and its designees
shall have the right (but not the
obligation) in their sole discretion to
refuse or remove any Content that is
available via the Service. Without limiting
the foregoing, Au1 and its designees shall
have the right to remove any Content that
violates the TOS or is otherwise
objectionable. You agree that you must
evaluate, and bear all risks associated
with, the use of any Content, including any
reliance on the accuracy, completeness, or
usefulness of such Content.
6. INDEMNITY You agree to indemnify
and hold Au1, and its subsidiaries,
affiliates, officers, agents, co-branders or
other partners, and employees, harmless from
any claim or demand, including reasonable
attorneys' fees, made by any third party due
to or arising out of your Content, your use
of the Service, your connection to the
Service, your violation of the TOS, or your
violation of any rights of another.
7. NO RESALE OF SERVICE You agree not
to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use
of the Service, or access to the Service.
8. MODIFICATIONS TO SERVICE Au1
reserves the right at any time and from time
to time to modify or discontinue,
temporarily or permanently, the Service (or
any part thereof) with or without notice.
You agree that Au1 shall not be liable to
you or to any third party for any
modification, suspension or discontinuance
of the Service.
9. TERMINATION You agree that Au1, in
its sole discretion, may terminate your
password, AU1.NET Hosting Services Site, use
of the Service or use of any other Au1
service, and remove and discard any Content
within the Service, for any reason,
including, without limitation, for lack of
use or if Au1 believes that you have
violated or acted inconsistently with the
letter or spirit of the TOS. Au1 may also in
its sole discretion and at any time
discontinue providing the Service, or any
part thereof, with or without notice for
unpaid accounts. You agree that any
termination of your access to the Service
under any provision of this TOS may be
effected without prior notice, and
acknowledge and agree that Au1 may
immediately deactivate or delete your
AU1.NET Hosting Services Site and all
related information and files in your
AU1.NET Hosting Services Site and/or bar any
further access to such files or the Service.
Further, you agree that Au1 shall not be
liable to you or any third-party for any
termination of your access to the Service.
Termination of services financially is as
per any signed agreement or a minimum of one
month fee in lieu of notice of termination.
The billing for the free real estate web
site offer is 3 months in advance billed
quartley and termination of the free website
offer requires a minimum of 3 months
notice.Collection Expenses it is agreed that
should any debt owed by an individual or
corporation be placed in he hands of any
external debt recovery company any charges
incurred will be added to the debt owing.
10. ADVERTISEMENTS AND PROMOTIONS Au1
runs advertisements and promotions on
AU1.NET Hosting Services Sites. By creating
your AU1.NET Hosting Services Site, you
agree that Au1 has the right to run such
advertisements and promotions. You also
agree that you will not attempt to block or
otherwise interfere with advertisements
displayed on your AU1.NET Hosting Services
site via JavaScript or any other means.
Doing so is grounds for immediate
termination of service. The manner, mode and
extent of advertising by Au1 on your AU1.NET
Hosting Services Site are subject to change.
Your correspondence or business dealings
with, or participation in promotions of,
advertisers found on or through the Service,
including payment and delivery of related
goods or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and such advertiser. You agree
that Au1 shall not be responsible or liable
for any loss or damage of any sort incurred
as the result of any such dealings or as the
result of the presence of such advertisers
on the Service.
11. Au1 PROPRIETARY RIGHTS You
acknowledge and agree that the Service and
any necessary software used in connection
with the Service ("Software") contain
proprietary and confidential information
that is protected by applicable intellectual
property and other laws. You further
acknowledge and agree that Content contained
in sponsor advertisements or information
presented to you through the Service or
advertisers is protected by copyrights,
trademarks, service marks, patents or other
proprietary rights and laws. Except as
expressly authorized by Au1 or advertisers,
you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works
based on the Service or the Software, in
whole or in part.
This is the all upper cases part:
12. DISCLAIMER OF WARRANTIES YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: (a)
YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. AU1 EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. (b) AU1 MAKES
NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM AU1 OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) IF YOU HAVE READ THIS FAR THEN YOUR EYES
PROBABLY HURT. ALL CAPS, WHAT WERE WE
THINKING? HOWEVER, WE ARE NOT LIABLE FOR
THIS OR ANY OTHER OCULAR MALADY.
13. LIMITATION OF LIABILITY YOU
EXPRESSLY UNDERSTAND AND AGREE THAT AU1
SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF AU1 HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13
MAY NOT APPLY TO YOU.
15. NOTICES to you may be made via
either email or regular mail. The Service
may also provide notices of changes to the
TOS or other matters by displaying notices
or links to notices to you generally on the
Service.
16. GENERAL the TOS constitute the
entire agreement between you and Au1 and
govern your use of the Service, superceding
any prior agreements between you and Au1 or
AU1.NET Hosting Services (including, but not
limited to, any prior versions of the TOS).
You also may be subject to additional terms
and conditions that may apply when you use
affiliate or other Au1 services, third-party
content or third-party software. The TOS and
the relationship between you and Au1 shall
be governed by the laws of the State of NSW
without regard to its conflict of law
provisions. You and Au1 agree to submit to
the personal and exclusive jurisdiction of
the courts located within the state of NSW.
The failure of Au1 to exercise or enforce
any right or provision of the TOS shall not
constitute a waiver of such right or
provision. If any provision of the TOS is
found by a court of competent jurisdiction
to be invalid, the parties nevertheless
agree that the court should endeavor to give
effect to the parties' intentions as
reflected in the provision, and the other
provisions of the TOS remain in full force
and effect. You agree that regardless of any
statute or law to the contrary, any claim or
cause of action arising out of or related to
use of the Service or the TOS must be filed
within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for
convenience only and have no legal or
contractual effect.
17. VIOLATIONS = report any
violations of the TOS via email to
sales@au1.net .
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