Smartweb-hosting.com

Acceptable Use Policy.

THIS AGREEMENT BETWEEN WEGENER PTY. LTD. (hereinafter referred to as "The Company") and Account Holder (hereinafter referred to as "User")

WHEREAS The Company provides the service (the "Service") of hosting world-wide-web sites and supplementary services in exchange for chargeable amounts as advertised.

AND WHEREAS User desires to subscribe to the Acceptable Use Policy contained herein;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties)  The Company and User agree as follows:

1. The Service. The Company agrees to provide User with storage space and bandwidth as advertised on  servers selected by The Company for the purpose of hosting world-wide-web site (the "Site"); Currency shown is United States Dollar. Extra bandwidth is charged at rate of 35 cents/MB.
   
   
   

2. Limitations. The Service is subject to the following limitations:
   
   

   1. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
      

      1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
         

      2. nudity or pornography;
         

      3. password restricted pages that are not available to the entire Internet community at large;
         

      4. content that exploits children under 18 years of age;
         

      5. hate propaganda;
         

      6. racist, threatening, or otherwise abusive content;
         

      7. the promotion or incitement of, or instruction for, the commission of illegal activities;
         

      8. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
         

      9. content promoted through the sending of unsolicited e-mail (also known as spamming);
         

      10. sending of unsolicited e-mail (spam) from  The Company's servers, or any other server that refers to content on The Company servers.
          

      11. warez, cracks, hacks, spam software & their associated utilities;
          

      12. mpeg layer two or three files (MP2 or MP3);
          

      13. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
          

      14. storage of log files on non-html content;
          

      15. any binary files that are not linked to an html page on the Site;
          

      16. any links from other providers’ web pages to user’s Site that do not first link to an html page on The Company servers.
          

   2. Idem. User agrees that  The Company is not responsible for content on pages hosted on member sites and acknowledges that The Company does not endorse or verify any such material.
      

   3. Idem. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site.
      

   4. Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site.
      

   5. Notice to Officials. If  The Company determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that  The Company may provide copies of User’s web pages to the appropriate officials without notice to user. The Company will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
      

   6. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by The Company anywhere on the site.
      

3. Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by The Company.
   

4. No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:
   

   1. The Company makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Site provided or any other services offered;
      

   2.  The Company is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;
      

   3.  The Company makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
      

   4. The Company makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
      
      

5. Limitation of Liability. The Company is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the  The Company server; or losses or damages arising from the use of the content or services provided by The Company. For greater certainty and without limitation to the generality of the foregoing:
   

   (a) There is no liability of the The Company  to User for actual damages for any cause whatsoever; no refunds of monies paid will be made.
   

   (b) in no event will The Company be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to User;
   

   (c) The Company , its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site;
   

   (d) in no event shall  The Company be liable for any damages, whatsoever, as a result of the notifying any official of potentially illegal content on the Site, providing copies of User’s web pages to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
   

   (e) In no event shall The Company be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.
   

6. Indemnity. User agrees to indemnify and hold The Company harmless from and against, and to reimburse The Company with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by  The Company by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iv) illegal, libelous, or defamatory content on the Site.
   

7. Termination.

   1. Either of The Company or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
      

   2.  The Company may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
      

      1. User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by The Company.
         

      2. User engages in conduct or posts material on the Site that  The Company in its sole discretion believes is harmful to other Users, the business of  The Company or any third-party;
         

   3.  

      1. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of  The Company server;
         

      2. User disputes the terms of this Agreement or any amendment set out, from time to time, by The Company.
         

      3.  The Company receives any complaints regarding User or the Site from any other Users or third parties.
         

   4. Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.
      

8. General.

   1. Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
      

   2. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the State of Western Australia and the federal laws of Australia and is treated in all respects as a Western Australian contract.
      

   3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
      

   4. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by The Company constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
      

   5. Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 5 (No Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), and this Article 9 (General).
      

   6. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
      

   7. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately and the exercise of one remedy is not deemed an exclusive election of that remedy or preclude the exercise of any other remedy.
      

   8. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.

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