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TERMS AND CONDITIONS OF SERVICE
BETWEEN You
AND Juicy Internet
By placing an order for a web hosting account with Juicy Internet, You agree to the following Terms and Conditions of Service.
RECITALS
This is a legal agreement between You and Juicy Internet.
If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT submit an order to Juicy Internet for any product or service.
Definitions
"account" means all aspects of the Service provided to you under this Agreement.
"Agreement" means these Terms and Conditions of Service.
"Big Slab" means a web hosting package provided by Juicy Internet.
"Claim" means any action, claim, demand, cost, loss, damage,
(whether special, indirect, consequential, general or any other damage), expense or other liability (including for death and injury, and the costs of
defending or settling any Claim) whether arising in contract, negligence
or any other tortious action.
"Client" means any person to whom Juicy Internet provides the Service.
"Force Majeure" means circumstances beyond the control of a party which includes (but is not limited to) acts of God, perils of the sea
or air, fire, flood, drought, explosion, sabotage, accident, embargo,
riot, civil commotion or civil authority, including acts of local
government and parliamentary authority, materials, breakdown of equipment
and labour disputes of whatever nature and for whatever cause arising
including (but without prejudice to the generality of the foregoing) work
to rule, overtime bars, strikes and lockouts and whether between either of
the parties hereto and any or all of its employees and/or any other
employer and any or all of its employees and/or between any two or more
groups of employees (and whether of either of the parties hereto or any
other employer), acts of war (declared or undeclared) or terrorism.
"Juicy Internet", "we", "our" and "us" means Juicy Internet (ABN 95 094 264 310).
"person" includes an individual, a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described.
"Servers" means all Servers owned or operated by Juicy Internet, and which You may access or use, pursuant to the Agreement or otherwise, as a result of Juicy Internet providing the Service.
"Service" means the hosting of Your website and related services on Servers operated by Juicy Internet, including access to Your website by You or any other person.
"website" includes all aspects of the Service (website, mail facilities, FTP access etc).
"You" and "Your" means the person who agrees with Juicy Internet to open a Big Slab hosting account an/or to have at least one website hosted on Servers operated by Juicy Internet.
PART A: WEBSITE TERMS AND CONDITIONS
You are responsible for and liable for the conduct of Your clients on our servers. You are therefore required to ensure that You, and Your clients, adhere to all of the terms and conditions expressed in Part A.
The Terms and Conditions specified in Part A apply to each and every website set up and/or hosted within Your Big Slab account. In Part A, any reference to "You" and "Your" refers to each and every website operator, whether it be You, Your client, or any other person who You or Your client has provided with access to any website within Your Big Slab account.
Conduct
You must not:
- access the websites of other Clients, other than in the course of ordinary, legal, business or consumer access;
- hinder the operation of our Servers in any way;
- attempt to access or list any files and/or directories that are not Your own;
- obtain, or attempt to obtain, any system information unless it is required to complete ordinary website management tasks.
Password Security
You must keep confidential, all passwords created or used in relation to the Service.
You must not:
- make any password created or used in connection with the Service, available to the public or to groups of people;
- allow the public or any other groups of people to access any of Your accounts, other than as agreed by Juicy Internet.
Acceptable Content
Your website must not contain any material, or contain a link to any material or website, which is unlawful, pornographic, sex-industry-related, sexually explicit, gambling-related, threatening, hateful, obscene, racist, libelous, defamatory, highly controversial or which encourages unlawful behaviour.
This includes any website or web page which contains depictions of nudity, material relating to hacking or any pirated software.
If we determine, at our sole discretion, that Your website contains any unacceptable content, or a link to any unacceptable content, we may cancel Your Service immediately, and without notice.
If a third party complains to us that Your website includes claims about that third party that are incorrect, libelous, defamatory or derogatory then we may, at our discretion, insist that the related website content be removed permanently from Your website, or we may remove such content ourselves without notice.
No Mirroring
You must not use Your website to mirror any material on any other website without the written permission of Juicy Internet. Juicy Internet has sole discretion to determine whether to grant permission to You to mirror another website.
No Web Cams
Your website must not contain any "Web Cam" content.
Submitting Site Details To Third Parties
You are welcome to submit Your website details to search engines, directories and other sites subject to the following restrictions:
- You must not submit the URL (web address) of any Free-For-All Link Page (or similar page or script) to automatic Free-For-All Link Page submission engines. If such an engine lists Your script or page and commences submissions to Your script or page, You must remove the script or page from Your website immediately.
- When providing Your website details to third parties you must specify the location of Your website using Your domain name only, and not Your website's IP address. For example, You may tell third parties that the location of Your website is www.you.com, or You.com, but must not specify the location of Your website using an IP-based format like: 1.2.3.4/you/ where 1.2.3.4 is Your website's IP address.
Number of Files
The number of files which can be stored on any website within Your Big Slab is limited to 5,000 files per 100MB of space.
Large Files
Sites containing very large files, or lots of large files can consume an unfair proportion of system resources. All files on Your web site must be less than 50 MB in size.
Backups
Juicy Internet will back up Your website regularly. These backups are intended to provide protection in case of any failure with the Service.
Our backup facilities are not intended to enable individual clients to revert to older versions of files on their sites, but if You require data to be restored from backup then we can do that for You if we have access to suitable backup versions of the relevant files, however charges will apply.
We strongly encourage You to keep a backup of Your website on Your home or office computer.
Site Statistics
We provide regular statistical reports about traffic to Your website. You agree that we are entitled to remove historic data from these reports as we see fit. If You want to keep a full history of the traffic to Your website You will need to save an offline copy of Your reports at least once every three months.
Mail Services
Juicy Internet will remove without notice any messages that have been in Your mailbox(es) for more than 120 days.
If You set Your mail software to check or download messages automatically at specified intervals, the interval between checking or downloading messages must be greater than 15 minutes.
Juicy Internet reserves the right to limit the size of messages accepted by our Servers. That is, messages that are deemed to be too large may be bounced by our Servers. This size limit is currently set to 10 MB but may be changed by us from time to time at our sole discretion.
Mailing Lists
If You operate at least one email-based mailing list via the Service, the total number of subscribers to all of Your mailing lists must not exceed 1,000. The total number of messages sent and received via Your mailing lists in any week must not exceed 5,000. Please note that these mailing list limits apply on a per-website basis, not a per-list basis.
Providing Mail Services for Third Parties
You must not provide mail services to Your website visitors (or other third parties) if those mail services use our mail systems to send, receive, store or access email messages on behalf of Your website's visitors (or other third parties).
Spam (Unsolicited Email)
You must not send unsolicited email messages from a Juicy Internet server.
You must not use an email address or domain name that is hosted by Juicy Internet to send unsolicited email messages.
If You breach these conditions we may immediately terminate the Service without notice.
Sites Advertised Through SPAM (Unsolicited Email) or Unsolicited Newsgroup Advertisements
You must not use Juicy Internet Servers, directly or indirectly, to advertise Your website in any unsolicited email, or an unsolicited newsgroup placement. Such advertisements are usually considered unethical by the internet community.
If we determine, at our sole discretion, that You are, or have been, in breach of this clause we may cancel the Service immediately without notice.
Resource-Intensive Programs
If You install and run a resource-intensive program on our Servers we may, at our sole discretion:
- Charge You an additional monthly amount; or
- Halt and/or prohibit the execution of the program.
We do not allow background processes, cron jobs or daemons to be run.
Prohibited Scripts
We reserve the right to disallow installation and/or execution of any script if, at our sole discretion, we decide the script contains at least one security fault, programming fault, or is too resource intensive.
The "Matt's Script Archive" version of "FormMail" (written by Matt Wright) is banned on our servers because it can be easily exploited by spammers. Additionally, any scripts which are based on Matt Wright's FormMail code are banned on our servers. However please note that an alternative, secure, version of FormMail can be installed easily through our Control Panel. The alternative version of FormMail is a drop-in replacement for the Matt's Script Archive version of FormMail so will work with forms written for the Matt's Script Archive version of FormMail.
Chat Rooms and IRC
Chat rooms tend to monopolise system resources and for that reason You must not install chat rooms, IRC-related software on our Servers.
PART B: OTHER TERMS AND CONDITIONS
Access To Servers
You must ensure that all clients are properly identified before allowing them to have access to the Servers. It is common for hackers, spammers and other computer criminals to attempt to gain access to Internet servers by signing up for hosting packages under false names, addresses etc. It is therefore critical that You ensure that You know the identity of all Your clients before You provide a hosting package to them.
Order Details and Processing
You confirm that the details You have provided to Juicy Internet when ordering Your web hosting account are complete and correct.
We reserve the right to decline Your order. If Your order is declined then we will refund Your associated payment (if any) within seven days.
Traffic Allowance
If, at our sole discretion, we decide that Your website has reached the 100 gigabyte traffic limit for the applicable calender month then traffic will be discontinued until whichever of the following occurs first:
- the start of the next calendar month; or
- you upgrade your account by purchasing an extra Big Slab.
You acknowledge and agree that Juicy Internet has the sole right to determine when and where these provisions apply. Due to time constraints Juicy Internet cannot analyze Your traffic patterns to determine the precise cause of Your high traffic, but You have access to website statistics so in most cases will be able to analyze Your traffic patterns Yourself if You so desire. You acknowledge that Juicy Internet has no obligation to provide You with justification or data analysis to prove the size of Your traffic.
Account Limits
The maximum amount of disk space that You can allocate to an individual account is 250MB.
The maximum amount of traffic that You can allocate to an individual account is 10GB.
Technical Support
You are expected to be generally self-sufficient in providing technical support to Your clients. We will not provide direct support to Your clients. If You are unsure how to respond to a client's query or if You have insufficient access to Your client's website to resolve a query, we will provide support to You so that You can, in turn, assist Your customer.
We will endeavour to remain anonymous to Your clients at all times.
Please note that we are generally unable to provide assistance with site content (as opposed to web hosting) issues including, but not limited to, debugging CGI scripts and HTML code.
All technical support is provided via our online ticket systems.
Domain Name Registration
Domain name registration fees are not included in our prices unless we explicitly state otherwise (for example, as part of a special offer).
For domain names that have not been registered yet, You will be responsible for handling the registration process and paying the necessary registration fees to Your registrar. Juicy Internet will, however, be happy to provide You with the technical details required to register Your domain name.
For domain names that have already been registered we will not submit the domain name transfer request for You, but will provide You with the name server information You need to arrange the transfer Yourself.
Notice
You agree to correspond with Juicy Internet via our online ticket system. If Juicy Internet needs to contact You for any reason we will do so via email only.
You agree to notify us promptly of any changes to Your email address or other contact details.
Additional Conditions for Specials
If You purchase Your account in response to a special offer advertised by us (such as a discounted web hosting plan), then additional and/or alternative terms and conditions may apply. Details of such additional and/or alternative terms and conditions are disclosed on the relevant pages on our website (that is, on the pages which outline the details of the special offer You have chosen) and form part of this Agreement. If the additional and/or alternative terms and conditions are inconsistent with this document, then the affected clauses in the additional and/or alternative terms and conditions will override the conflicting clauses in this document.
Billing Cycle, Invoices and Payments
You are responsible for collecting all monies due from Your own customers. You may charge Your own clients any price You feel the market will bear.
Our billing cycle is monthly in advance. Your initial payment is due at the time You open Your account. At the time You make Your initial payment, You must authorize PayPal to automatically charge Your web hosting fees to Your credit card or PayPal account each subsequent month until this Agreement is terminated. You are solely responsible for ensuring that PayPal can successfully charge You each month.
If You do not want to be charged the next month's fee for Your Big Slab, You must cancel Your account and PayPal subscription prior to Your monthly billing date (the monthly anniversary of Your signup date).
If Your payment is overdue then Your website(s) and Big Slab account may be suspended and/or removed from our Servers without notice.
Generally, all fees are non-refundable. If however we decide that exceptional circumstances apply then we will provide a refund, or partial refund, at our discretion.
Prices
Prices are subject to change without notice. Any change in monthly fees will apply to Your next hosting period, but will not be payable for Your current hosting period.
Site Suspension
Juicy Internet may, at its sole discretion, deactivate any website and revoke Your access and/or Your client's access to our Servers. For example, Your Big Slab account may be deactivated for late payment, or Server abuse. You acknowledge that if any website within Your Big Slab account is deactivated then Juicy Internet has no obligation to provide You with a copy of the website content, or to restore server access to enable You to obtain a copy of the website content.
Cancellation of Service
You may cancel the Agreement at any time by providing Juicy Internet with written authorization to close Your web hosting account (the Service).
We reserve the right to cancel the Service for any reason, and at our sole discretion. If You breach any of the terms and conditions in this Agreement we may deactivate and/or remove any website from our Servers immediately and without notice.
You acknowledge that Juicy Internet does not keep copies of files for web sites that are no longer hosted with us, and agree that Juicy Internet has the right to remove all website files at the time the Service is cancelled or discontinued.
Modifications to Service
Juicy Internet reserves the right to modify or discontinue the Service (or any part thereof) as we see fit, with or without notice. You agree that Juicy Internet will not be liable to You or any other party for such modifications to the Service.
Juicy Internet reserves the right to update these Terms and Conditions from time to time. Any updates to these Terms and Conditions will apply to the Service from the time that this Agreement is updated on the Juicy Internet site and an email is sent to You (whether or not You receive that email message), at the email address we have on record for You, to inform You of the change (whichever occurs last).
Right to Outsource
At our sole discretion, we may outsource the Services or the
performance of any work, or part thereof, relating to the Services to any party as we see fit.
Intellectual Property
You agree to indemnify, hold harmless and defend at your own expense us from and against any and all Claims for infringement of copyright,
patents, trade marks, industrial designs or other intellectual property
rights issued under the laws of any country where the copyright, patents,
trade marks, industrial designs or other intellectual property were
provided by you, or where you represented, expressly or impliedly, that
the copyright, patents, trade marks, industrial designs or other
intellectual property were your intellectual property.
We undertake to give you prompt notice of any Claim described above that is made against us or any of our subsidiaries, dealers or customers
and you will forthwith defend any such Claims and make settlements thereof at
your own expense.
You acknowledge that any and all of the copyright, patents, trade marks, industrial designs or other intellectual property rights used or
subsisting in or in connection with our business, marketing and/or
support material relating to our business and all documentation and
manuals relating thereto are and will remain our property and you will
not, during or at any time after the expiry or termination of this
Agreement, in any way question or dispute the ownership by us thereof.
You will not, during or after the expiry or termination of this
Agreement, without the prior written consent of us, use or adopt any name, trade
name, trading style or commercial designation that includes or is similar
to or may be mistaken for the whole or any part of any trade mark, trade
name, trading style or commercial designation used by us.
Severability
If any part of this Agreement is deemed to be unenforceable or
otherwise invalid then that will not affect the validity nor enforceability of any other parts of this agreement.
Jurisdiction
This agreement shall be interpreted under the laws of the Australian Capital Territory (ACT), Australia, and both parties agree that any legal action or proceedings relating to this agreement shall be settled in the courts and/or tribunals in the Australian Capital Territory (ACT), Australia.
Force Majeure
Neither party will be liable to the other party in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of Force Majeure.
Waiver
Failure or neglect by us to enforce, at any time, any of the
provisions of this Agreement will not be construed or deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any
part of this Agreement or prejudice our rights to take subsequent
action.
Headings
The headings of the terms and conditions contained in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and
conditions of this Agreement.
Assignment
You may not assign, attempt to assign nor otherwise transfer any right or obligation arising out of this Agreement without our written
consent.
Limitation of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF (INCLUDING BUT NOT
LIMITED TO DAMAGE, LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS OR ERRORS,
INACCURATE ADVICE PROVIDED TO YOU AND/OR YOUR CLIENTS, OR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE AGGREGATE LIABILITY OF US FOR ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED OR TO
BE FURNISHED BY US UNDER THIS AGREEMENT WILL, IN ANY EVENT, BE ABSOLUTELY
LIMITED TO THE AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT FOR THE
APPLICABLE PRODUCTS AND/OR SERVICES.
YOU ACKNOWLEDGE THAT WE HAVE SET OUR PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATION OF LIABILITY SET FORTH IN THIS
AGREEMENT, AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN
BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATION OF LIABILITY
SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF ANY LIMITATION
OF REMEDIES IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN WILL LIMIT YOUR
LIABILITY FOR ITS OWN WILFUL OR WANTON CONDUCT.
NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED HEREIN, WHERE ANY ACT OF THE AUSTRALIAN PARLIAMENT IMPLIES ANY TERM INTO THIS AGREEMENT, AND THAT ACT AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING SUCH TERM, THAT TERM WILL BE DEEMED TO BE INCLUDED IN THIS AGREEMENT, BUT OUR LIABILITY FOR BREACH OF THAT TERM WILL BE LIMITED IN ONE OR MORE OF THE WAYS (AT OUR OPTION) PERMITTED BY SECTION 68A(1) OF THE TRADE PRACTICES ACT 1974 (CTH).
Disclaimer
We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the Service.
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