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1 TERMS AND CONDITIONS
1.1 Suncoast Internet is an Internet Service Provider that provides website hosting services.
1.2 This Agreement sets out the terms and conditions on which Suncoast Internet offers website hosting services to Customer.
2 THE SERVICES
2.1 The Customer may select one Web Hosting package.
2.2 The Web Hosting package required can be selected by marking the appropriate boxes on the Agreement form at the front of this Agreement or by requesting such services by written notice to Suncoast Internet.
3 WEB HOSTING PACKAGES
3.1 A number of Web Hosting Packages are available.
3.2 Customer must select one Web Hosting package.
3.3 The details of what is included in each Base Hosting Package is set out on the Price List.
3.4 Each Web Hosting package comprises the following features:
· storage space on Suncoast Internet's server to allow Customer to store Customer's website;
· the transfer of data from Suncoast Internet's server to Internet users via a Suncoast Internet's Internet connection;
· Internet email mailboxes so that Customer can send and receive Internet email;
· CGI capabilities;
· database access;
· if required, a link from Suncoast Internet's own website to Customer's website;
· Provision of usage statistics; and
· help desk services.
3.5 Suncoast Internet may add features to a Web Hosting package without prior notice to Customer.
3.6 Suncoast Internet may remove features of a Web Hosting Package used by Customer only upon prior notice to Customer.
3.7 Suncoast Internet will host Customer's website, and if required by Customer, make it generally available to Internet users.
3.8 Customer is responsible for the creation of Customer's website in all circumstances, including when using such software or automated services.
3.9 Customer can change and update Customer's website using FTP access and other methods made available by Suncoast Internet's from time to time.
4 FEES AND CHARGES
4.1 Different fees are charged for commercial enterprises and non-profit/community organisations. Customer warrants that the category of user selected by Customer on the Agreement Form correctly describes Customer.
4.2 Customer must pay Suncoast Internet the fees and usage charges set out on the current Price List for the Suncoast Internet's services selected by Customer.
4.3 Suncoast Internet will not provide any services pursuant to this Agreement until:
· this Agreement is signed by Customer and Suncoast Internet; and
· all applicable establishment fees and "pay in advance" fees are paid by Customer.
4.4 Suncoast Internet will not refund any establishment fees or "pay in advance" fees if Customer:
· terminates this Agreement; or
· does not use any services paid for by Customer.
4.5 Certain fees and charges are payable by Customer to Suncoast Internet in arrears. These fees and charges are set out in the Price List and include charges for maintenance requested by Customer, specialist support, and usage greater than that covered by the Web Hosting package selected by Customer.
4.6 The amount of all fees and charges are determined according to Suncoast Internet's current Price List.
4.7 Suncoast Internet may vary its Price List at any time in accordance with clause 16 of this Agreement.
5 BILLING
5.1 Suncoast Internet will issue invoices / statements for all fees and charges that are payable in arrears.
5.2 Customer must pay Suncoast Internet all invoiced amounts within 7 days of the date of the invoice.
5.3 If Customer disputes an invoiced amount, Customer must notify Suncoast Internet in writing within 7 days of the date of the invoice. The undisputed amount of the invoice must be paid on time.
5.4 Suncoast Internet may charge Customer an administration fee of $20 if a cheque presented by Customer is not honored or if an electronic or credit card payment made by the Customer is reversed.
5.5 If an amount remains unpaid after the 7th of each month, Customer will be required to pay a late fee of $5.50.
6 TERM AND TERMINATION
6.1 This Agreement continues in force until terminated by either party.
6.2 Customer may terminate this Agreement by providing two weeks written notice to Suncoast Internet
6.3 Suncoast Internet may terminate this Agreement:
· by providing two weeks written notice to Customer;
· immediately and without notice, if Customer breaches this Agreement; or
· if required by law or court order.
6.4 This Agreement automatically terminates if Customer provides notice to Suncoast Internet in accordance with clause 16.2.
6.5 Upon termination of this Agreement, Customer will be provided with an invoice in relation to services used prior to termination. This invoice must be paid within 14 days. All prior invoices immediately become due and payable upon termination of this Agreement.
6.6 Upon termination of this Agreement, Suncoast Internet will delete the Customer's website from Suncoast Internet's computer system or prevent access to Customer's website.
7 REGISTERED USERS
7.1 Customer may nominate one or more Registered Users to access and change Customer's website and access Customer's email service.
7.2 Each Registered User must be a natural person.
7.3 Each Registered User must be associated with Customer, for example, as a principal, owner, employee or contractor of Customer.
7.4 Each Registered User of Customer will have:
· a User ID and initial password; and
· if e-mail is provided by Suncoast Internet as part of the service requested by Customer, an e-mail address and mailbox.
7.5 Customer and each Registered User are responsible for maintaining the secrecy of their passwords.
7.6 All access to and use of any Suncoast Internet's service under a User ID and password will be assumed to be access and use by the Registered User to whom the User ID has been allocated.
7.7 Customer and its Registered Users must not permit another person to access a Suncoast Internet's service using a User ID allocated to a Registered User of Customer.
7.8 Customer is responsible for all usage fees, and use and misuse of a Suncoast Internet's service, by any person using a User ID allocated to a Registered User of Customer.
8 USE OF SUNCOAST INTERNET'S SERVICES
8.1 Customer and each Registered User must use Suncoast Internet's services in a responsible, cooperative and professional manner.
8.2 Customer is responsible for the content contained on Customer's website. Suncoast Internet does not exercise editorial control over the Customer's website.
8.3 Customer is responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the any Suncoast Internet service and for any telephone charges associated with connecting to any Suncoast Internet's service.
8.4 Customer cannot resell, on-sell or on-provide Suncoast Internet's services to third parties. For example, Customer may not "sub-host" another's website as part of Customer's website or using Suncoast Internet's services.
8.5 The following are Prohibited Acts:
· using a Suncoast Internet's service for any illegal purpose;
· tampering with, hindering the operation of or making unauthorised modifications to a Suncoast Internet's service (other than Customer's own website in the normal use and operation of the website);
· deleting another's data from a Suncoast Internet's service without permission;
· knowingly transmitting a computer virus, worm or disabling feature to Suncoast Internet, to another Suncoast Internet customer or via a Suncoast Internet service;
· using a Suncoast Internet service to access another's computer system without permission;
· using a Suncoast Internet service to publish, transmit or store any communication or data that is defamatory, obscene, sexually explicit, abusive or violates any federal, state or local law or regulation;
· using a Suncoast Internet service to engage in misleading or deceptive marketing practices;
· use a Suncoast Internet service to conduct or promote a business that is illegal;
· using a Suncoast Internet service to copy, store, distribute or transmit any work in violation of another's copyright, trade mark or moral rights;
· using a Suncoast Internet service to host a website for a third party;
· using a Suncoast Internet service to spam another or to send bulk email;
· using another's User ID or password to access a Suncoast Internet's service without permission; and
· while using a Suncoast Internet service, impersonating another person or entity.
8.6 An attempt to do a Prohibited Act is a Prohibited Act.
8.7 Knowingly permitting another to do a Prohibited Act is a Prohibited Act.
8.8 Customer must not do any Prohibited Acts.
8.9 Customer must instruct all Customer's Registered Users not to do any Prohibited Acts. Customer is responsible if any of Customer's Registered Users (or any person using the User ID allocated to a Registered User of Customer) does any Prohibited Act.
8.10 Customer and each Registered User agree to notify Suncoast Internet if Customer or the Registered User become aware that another person has obtain unauthorised access to a Registered User's password, or if there is a threat to the security or proper operation of a Suncoast Internet's service.
9 SUSPENSION AND CANCELLATION OF SERVICE
9.1 Customer may cancel a Web Hosting package by notifying Suncoast Internet in writing or using your online control panel.
9.2 Without limiting Suncoast Internet's right to terminate under clause 6.3, Suncoast Internet may suspend or cancel a Suncoast Internet service, delete the Customer's website from Suncoast Internet's computer system, or prevent access to Customer's website, if:
· there is an emergency;
· Customer does not pay an invoice on time;
· Customer becomes bankrupt, insolvent or has a receiver, manager or liquidator appointed;
· Customer's or a Registered User's use of a Suncoast Internet's service interferes with the proper operation of Suncoast Internet;
· Customer breaches this Agreement;
· Suncoast Internet believes (whether this belief is reasonable or not) Customer or a Registered User of Customer have performed or are attempting to perform a Prohibited Act;
· Suncoast Internet believes (whether this belief is reasonable or not) that Customer's website infringes or may infringe another's intellectual property rights, is defamatory, or may involve Suncoast Internet's in a legal dispute;
· Customer brings legal action against Suncoast Internet;
· Customer's level of use of a Suncoast Internet service is significantly greater than normal; or
· required to do so by law or a court order.
9.3 Suncoast Internet may temporarily suspend a Suncoast Internet service if necessary to allow Suncoast Internet to perform maintenance of Suncoast Internet's hardware or software. In doing so, Suncoast Internet will attempt to give Customer prior notice of the suspension and will attempt to minimise inconvenience to Customer.
10 OWNERSHIP
10.1 Suncoast Internet and its respective suppliers retain ownership of all software and data provided by Suncoast Internet to Customer, including all intellectual property rights therein.
10.2 Suncoast Internet has no ownership rights in Customer's website.
10.3 Customer warrants that Customer's website does not and will not infringe the intellectual property rights of any other person.
10.4 Without limiting clause 13.1, Customer indemnifies, will defend and hold Suncoast Internet harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from any claimed or actual intellectual property infringement by Customer or relating to Customer's website.
11 ADDRESSES AND DOMAIN NAMES
11.1 Each Suncoast Internet e-mail address or Suncoast Internet web address (sub-domain) allocated by Suncoast Internet to a Customer or selected by Customer remains the property of Suncoast Internet. Customer obtains no ownership rights or goodwill in any such address.
11.2 Suncoast Internet may require a Customer to change a Suncoast Internet's e-mail or web address selected by a Customer.
11.3 Subject to technical limitations, use of a Suncoast Internet e-mail address may be transferred to another Customer upon consent of the Customer associated with the e-mail address.
12 LIMITATION OF LIABILITY
12.1 This clause limits Suncoast Internet's liability in relation to this Agreement. Please read it carefully.
12.2 To the maximum extent permitted by law, in relation to a service provided under this Agreement to Customer, Suncoast Internet's liability to Customer is limited to:
· at Suncoast Internet's option, resupplying the service; or
· at Suncoast Internet's option, paying for the resupply of the service.
12.3 To the maximum extent permitted by law, Suncoast Internet is not liable to Customer or any Registered User:
· for anything Suncoast Internet does or fails to do in relation to this Agreement; and
· for any loss or damage, whether direct or indirect or consequential, including time, money, good will, lost profits, damage to or loss of data, or damage to hardware or software, which may arise from the use, operation, maintenance or failed use of a Suncoast Internet's service or which may arise from delays, defects, errors, omissions or interruptions in a Suncoast Internet service.
12.4 Suncoast Internet does not warrant the quality, accuracy or fitness for any particular purpose of a Suncoast Internet's service.
12.5 Due to technology, Suncoast Internet does not warrant that the Customer's website will be accessible at all times or that any Suncoast Internet service will be uninterrupted or error free.
12.6 Customer is responsible obtaining, installing and operating the hardware and software to use and access Suncoast Internet's services.
12.7 Customer is responsible for the creation and modification of Customer's website.
12.8 Customer is responsible for all approvals, consents and permissions necessary in relation to Customer's website.
12.9 Customer acknowledges that the Suncoast Internet services are provided in part using third party services and products. If Suncoast Internet's use of such third party services or products is restricted or interrupted, then this may effect the provision of the Suncoast Internet's services to the Customer. Suncoast Internet's is not liable to Customer if this occurs.
12.10 Suncoast Internet does not own or control the Internet and is not responsible for Internet problems, faults or delays.
13 INDEMNIFICATION
13.1 Customer indemnifies, will defend and hold Suncoast Internet's harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from:
· any action of, representation made by or conduct of Customer;
· the storage, transmission, display, operation, failed operation or publication of Customer's website, including the content and information provided on the Customer's website;
· any breach of this Agreement by Customer;
· any Prohibited Acts of Customer or Customer's Registered Users; or
· access to or use of a Suncoast Internet's service by Customer or Customer's Registered Users.
14 VARIATION
14.1 The current version of this Agreement and associated Price Lists are available on-line at www.SuncoastInternet.com.au/privacy_termsindex.htm
14.2 Suncoast Internet may vary the terms of this Agreement by written notice to Customer. If Customer objects to the change in terms, Customer must notify Suncoast Internet in writing within 7 days and cease using all services provided under this Agreement.
14.3 If Suncoast Internet changes the details or pricing for any Web Hosting service not used by Customer or if the change will not effect Customer, Suncoast Internet needs not notify Customer.
15 NOTICES
15.1 Written notice may be given by Suncoast Internet to Customer by:
· mail to the Customer address set out on the Agreement Form;
· by email to the Customer email address set out on the Agreement Form; or
· by fax to the Customer fax number set out on the Agreement Form.
15.2 Customer may change Customer's address, email or fax details by providing written notice to Suncoast Internet.
15.3 Written notice may be given by Customer to Suncoast Internet only by e-mail to the following e-mail address:
· office@Suncoast Internet.com.au
16 TAXES AND GST
16.1 Customer must pay any GST payable on the supply of Suncoast Internet services when required by Suncoast Internet.
16.2 Customer must pay to Suncoast Internet any additional amount which Suncoast Internet determines represents any GST payable by Suncoast Internet for which Suncoast Internet is not entitled to an input tax credit.
16.3 "GST" means any goods and services tax or any similar tax which may be imposed in
Australia
and have application to the supply of Suncoast Internet services. If payable, it will be calculated by multiplying the amount payable for this supply by the prevailing GST rate.
16.4 All Suncoast Internet plan prices are GST inclusive
17 MISCELLANEOUS
17.1 Suncoast Internet is not liable for any failure to comply with this Agreement if that failure is caused by an act beyond Suncoast Internet's reasonable control.
17.2 Customer may not transfer this Agreement or any service provided under this Agreement without Suncoast Internet's prior written consent. Suncoast Internet may assign this Agreement to a third party without Customer's consent.
17.3 Cancellation or suspension of the Web Hosting packages does not effect the provisions of this Agreement regarding limitation of liability and indemnity.
17.4 Customer may not set-off any claim against amounts payable to Suncoast Internet.
17.5 Suncoast Internet may, but is under no obligation to, monitor Customer's website (including non-public sections) to ensure compliance with this Agreement and for any other reason considered appropriate by Suncoast Internet.
17.6 Customer expressly permits and authorizes Suncoast Internet to furnish to Customer, electronically or by any other means selected, information prepared by Suncoast Internet or by (or on behalf of) other entities, including advertising information and solicitations.
17.7 No terms are implied into this Agreement. The only warranties and representations made by Suncoast Internet are those set out in this Agreement.
17.8 Suncoast Internet is willing to enter into this Agreement only if Customer accepts all the terms of this Agreement.
17.9 If there is an express inconsistency between this document and a Schedule or Price List, then the Schedule or Price List will prevail.
18 DEFINITIONS
18.1 Some of the terms used in this Agreement are defined in the Agreement Form at the front of this Agreement. The following additional terms are defined:
* "Agreement" includes the Schedules, Terms of Use and Price Lists.
* "Customer's website" is the website hosted by Suncoast Internet pursuant to this Agreement, and includes all data and programs stored by the Customer on Suncoast Internet's computer system.
* "Suncoast Internet service" is a service provided by Suncoast Internet to Customer in accordance with this Agreement.
* "Price List" is the current price list or lists published by Suncoast Internet on its website for the services provided to Customer by Suncoast Internet.
* "Registered User" is a person nominated in accordance with clause 9.1.
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