HOSTING TERMS AND CONDITIONS
BETWEEN You
AND Actual Computers
By having Your website hosted by Actual Computers,
You agree to the following Terms and Conditions of Service.
RECITALS
This is a legal agreement between You and Actual
Computers.
The terms and conditions outlined below are designed
to protect and benefit all clients. In particular, the terms
and conditions attempt to ensure that the Servers are used only
for legal and appropriate purposes, and that no client uses
an "unfair" proportion of system resources.
Before placing Your website on Servers operated
by Actual Computers, You must read the Agreement and accept
its terms and conditions.
If You do not wish to be bound by the terms and
conditions of the Agreement, You MUST NOT place a website, or
any part of a website, on Servers operated by Actual Computers.
Definitions
"account" means all aspects of the Service
provided to you under this Agreement.
"Agreement" means these Terms and Conditions
of Service.
"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 Actual
Computers provides the Service.
"domain parking" means one or more domain
names pointing to Your website, or any part of it.
"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.
"Actual Computers", "we",
"our" and "us" means Actual Computers (ABN
33816674384), a company incorporated under the Corporations
Act 2001.
"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 Actual Computers, and which You may access or use,
pursuant to the Agreement or otherwise, as a result of Actual
Computers providing the Service.
"Service" means the hosting of Your
website and related services on Servers operated by Actual Computers,
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 Actual Computers to have a website hosted
on Servers operated by Actual Computers.
Order Details and Processing
You acknowledge that Your domain name (the web
address of Your site) is fundamental to the setup of Your site.
The domain name cannot be changed. If You need to change Your
site's domain name then You will need to order a new web hosting
account for the new domain and additional charges will apply.
You confirm that the details You have provided
to Actual Computers 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.
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 Actual Computers.
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 site 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 site, 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 Actual
Computers. Actual Computers has sole discretion to determine
whether to grant permission to You to mirror another website.
No Web Cams
Your site must not contain any "Web Cam"
content.
Submitting Site Details To Third Parties
You are welcome to submit Your site 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
site immediately.
When providing Your site details to third parties you must specify
the location of Your site using Your domain name only, and not
Your site's IP address. For example, You may tell third parties
that the location of Your site is www.you.com, or You.com, but
must not specify the location of Your site using an IP-based
format like: 1.2.3.4/you/ where 1.2.3.4 is Your site's IP address.
Additional Domains
You must not use any software or service to point
additional domain names at Your website. This includes subdomains
(such as subdomain.Yourdomain.com/) as well as standard domains
(such as www.Yourdomain.com/).
If You require additional domain names to be pointed
at Your website, You must obtain written permission from Actual
Computers. Please contact us if You would like to obtain permission.
If we agree to allow You to point additional domain names at
Your website, a once-off setup fee is payable by You for each
additional domain name parked on Your website.
You must not use the domain parking facility to
host two or more different websites within a single hosting
account. The domain parking facility can only be used when the
additional domain name relates to exactly the same site content
as the primary domain.
You must not use any script, software or service
to redirect any visitor or significantly alter site content
based on which domain name the visitor is accessing. For example,
You cannot use a script to show visitors to a.com one set of
pages or content, and show visitors to b.com a different set
of pages or content.
Traffic Allowance
If, at our sole discretion, we decide that Your
site has received more than 20 gigabytes of traffic in any calendar
month then we may, at our sole discretion, either:
charge You for all traffic in excess of 20 Gigabytes
at a rate of AU$4.40 per 100MB or part thereof; or
remove Your website from our Servers immediately without notice.
The 20 gigabyte monthly traffic limit does not apply if your
selected hosting package (web hosting plan) does not explicitly
include a 20 gigabyte monthly allowance. For example, sometimes
we may provide special offer web hosting plans which include
a different traffic allowance as stated on our site.
You acknowledge and agree that Actual Computers
has the sole right to determine when and where these provisions
apply. Due to time constraints Actual Computers cannot analyze
Your traffic patterns to determine the precise cause of Your
high traffic, but You have access to Your site statistics and
raw web logs so in most cases will be able to analyze Your traffic
patterns Yourself if You so desire. You acknowledge that Actual
Computers has no obligation to provide You with justification
or data analysis to prove that excess traffic charges apply
or to prove the size of the charges.
If we decide that Your site is likely to incur
excess traffic charges for a given month we may, at our sole
discretion, notify You via email of the estimated excess traffic
charges for the month and insist that You place a deposit with
us within 24 hours of our email message being sent. The amount
of the deposit will be equal to our estimate of the excess traffic
charges You will incur for the month. If such deposit is not
made within 24 hours then Your website may be deactivated without
notice.
Use of Disk Space
Your disk space is for Your use only. You may
not resell or give away disk space to any third party without
written permission from Actual Computers. You must not place
"demonstration" versions of third party web pages
on Your website without written permission from Actual Computers.
That is, third party web pages must not be housed within Your
site regardless of the reason, unless You have written permission
from Actual Computers.
Actual Computers reserves the right to decide
whether any pages on your site are in fact hosted for third
parties.
You may not consume disk space with copies of
web pages that are substantially the same. For example, You
cannot automatically generate multiple copies of a single page
and place all the copies on Your website.
Number of Files
There is a limit to the number of files which
can be stored on Your website. The limit varies depending on
which hosting plan You are on. You can have up to 5,000 files
on our Small Business Starter plan, up to 10,000 files on our
Business Power plan, and up to 20,000 files on our Corporate
Giant plan.
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.
Database Size
The combined total size of Your MySQL, flat-file
and other databases must not exceed 50 MB. If more than 50 MB
of disk space is used for these databases, we may, at our sole
discretion, either:
Charge You for the amount of disk space used in
excess of 50MB at the usual excess disk space prices advertised
on our website;
Insist that the database size be reduced to less than 50 MB
within 24 hours;
Decline to host the database and remove it from our servers.
Wherever feasible at least 24 hours notice will be provided
before the database is removed.
Virus Scanning
Actual Computers scans incoming and outgoing messages
for viruses. However Actual Computers does not guarantee that
every message will be scanned, or that every virus will be detected
and removed. Additionally, Actual Computers reserves the right
to remove attachments from incoming and outgoing email messages
if there is any indication that the attachment is, or might
be, infected with a virus.
Our virus scanning facilities provide a high level
of protection against viruses but you acknowledge and agree
that you are solely responsible for protecting your property
and email accounts from virus threats.
Backups
Actual Computers will backup 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 site 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 site You will need to save
an offline copy of Your reports at least once every three months.
Mail Services
All mailboxes are limited to 20 MB in size. You
must set Your mail software to delete each message from the
server within three days of downloading it.
Actual Computers 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.
Actual Computers 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-site basis, not a per-list basis.
Providing Mail Services for Third Parties
You must not provide mail services to Your site
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 site's visitors (or other third parties).
Spam (Unsolicited Email)
You must not send unsolicited email messages from
a Actual Computers server.
You must not use an email address or domain name
that is hosted by Actual Computers 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 Actual Computers 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.
Short Message Service (SMS) Facilities
If You decide to use our Short Message Service
(SMS) facilities then You acknowledge and agree that:
Each SMS message sent will cost You one "SMS
credit". Your website will be allocated three free SMS
credits. After those credits are used, You will need to purchase
further SMS credits from us, at our prevailing prices, in order
to use the SMS facilities we provide;
Unless otherwise stated, SMS credits expire after 12 months.
That is, from the date you purchase them, you have 12 months
to use them or they will automatically expire without refund;
We have the sole right to determine how many SMS credits You
have consumed, and to determine how many SMS credits remain
available to You;
You are solely responsible for ensuring that You have sufficient
SMS credits in Your account to cover the charges for any SMS
messages You wish to send;
SMS messages will not be delivered to You if You do not have
sufficient SMS credits available;
Our systems will determine whether our over-the-air transmission
of each SMS is successful. If we determine that the message
was sent successfully over-the-air then an SMS credit will be
deducted from Your account, whether or not You actually received
the message. This is necessary because it is possible for an
SMS message to leave our network successfully, but fail to reach
You due to problems beyond our control, such as a problem with
Your phone or a problem with Your cellphone or mobile phone
service. Given that we incur the expense of sending each SMS
the moment it successfully leaves our network, an SMS credit
will be deducted from Your account in all cases where the message
exits our network successfully;
We are not responsible in any way, shape or form, for any damage
or inconvenience to You or any other party, as a result of any
SMS message failing to reach its destination (usually Your phone);
While we strive to maximize the reliability of our SMS service
and provide these services in good faith, we rely on third-party
providers for message delivery and therefore make no guarantee
about the reliability or performance of our SMS services;
We have a comprehensive worldwide SMS coverage area but make
no guarantee that any particular network will be able to receive
messages from our service. We provide three free SMS credits
on each website so that You can determine whether SMS messages
can be sent successfully to Your phone before needing to purchase
SMS credits.
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 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.
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).
If Your domain name has not been registered yet,
You will be responsible for handling the registration process
and paying the necessary registration fees to Your registrar.
Actual Computers will, however, be happy to provide You with
the technical details required to register Your domain name.
If Your domain name has 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.
If You require Your domain name to be changed,
additional setup fees will be charged.
Technical Support
We will provide technical support in relation
to the Service. 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 email and/or
our online Support Request Form at our discretion.
Notice
You agree to correspond with Actual Computers
via our Support Request Form. If Actual Computers 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
Our billing cycle is quarterly in advance. Your
initial payment is due at the time You open Your account. After
Your initial payment has been made, we will send You an invoice
via email approximately one week before each subsequent payment
is due.
If Your payment is overdue then Your website(s)
may be suspended and/or removed from our Servers without notice.
If You accidentally make an additional and unnecessary
payment for our service, we will credit the additional funds
to Your Actual Computers account. At Your request, we may consider
refunding the additional monies paid by You, but will deduct
from the refund amount any expenses incurred by us, such as
clerical expenses and finance charges.
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.
Goods and Services Tax (GST)
This section only applies to Australian customers.
Words or expressions used in this clause which
are defined in the A New Tax System (Goods and Services Tax)
Act 1999 (Cth) have the same meaning in this clause.
The following items include goods and services
tax (GST):
the fees payable by you for the Service; and
any other Taxable Supply made or provided by us to you, whether
or not in accordance with this Agreement.
We will provide a Tax Invoice to you on or before the time that
GST is payable in accordance with this Agreement.
GST is payable to us by you at the same time as
you pay the amounts referred to above to us.
If you fail to remit GST to us as otherwise required
by this Agreement, you will indemnify us for any Claim in relation
to the GST that you failed to remit.
Site Suspension
Actual Computers may, at its sole discretion,
deactivate Your website and revoke Your access to our Servers.
For example, Your site may be deactivated for late payment,
or Server abuse. You acknowledge that if Your site is deactivated
then Actual Computers has no obligation to provide You with
a copy of Your site content, or to restore Your server access
to enable You to obtain a copy of Your site content.
Cancellation of Service
You may cancel the Agreement at any time by providing
Actual Computers 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 Your website from our Servers immediately and
without notice.
You acknowledge that Actual Computers does not
keep copies of files for web sites that are no longer hosted
with us, and that Actual Computers has the right to remove all
website files at the time the Service is cancelled or discontinued.
Modifications to Service
Actual Computers reserves the right to modify
or discontinue the Service (or any part thereof) as we see fit,
with or without notice. You agree that Actual Computers will
not be liable to You or any other party for such modifications
to the Service.
Actual Computers 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 Actual Computers
site.
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.
Hosting Terms and Conditions | Domain Name Licence Agreement | Domain Name Registration Rules
Photo Manipulation | NEIS
DOMAIN NAME LICENCE AGREEMENT
SPECIAL TERMS OF CONTRACTS
Domain Name Registration terms
We do not warrant or guarantee that the domain name applied
for will be registered in your name or is capable of being registered
by you. Accordingly, you should take no action in respect of
your requested domain name(s) until you have been notified that
your requested domain name has been registered.
Both the registration of the domain name and its ongoing use
are subject to the relevant naming authority's terms and conditions
of use and you are responsible for ensuring that you are aware
of those terms and conditions and can and do comply with them.
You irrevocably waive any claims you may have against us in
respect of the decision of a naming authority to refuse to register
a domain name and, without limitation agree that the administration
charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain
name by you and any dispute between you and any other individual
or organisation regarding a domain name must be resolved between
the parties concerned and we will take no part in any such dispute.
We reserve the right, on our becoming aware of such a dispute,
at our sole discretion and without giving any reason, to either
suspend or cancel the domain name, and/or to make appropriate
representations to the relevant naming authority.
Web Site Hosting/email/Secure Web Page/virus protection terms
We specifically exclude any warranty as to the accuracy or quality
of information received by any person via the Server and in
no event will we be liable for any loss or damage to any data
stored on the Server. You are responsible for maintaining insurance
cover in respect of any loss or damage to data stored on the
Server. You warrant to us that you will only use your assigned
Web Site for lawful purposes. In particular, you further warrant
and undertake to us that: a. you will not, nor will you authorise
or permit any other person to, use the Server in violation of
any law or regulation; b. you will not knowingly or recklessly
post, link to or transmit any material: i. that is unlawful,
threatening, abusive, harmful, malicious, defamatory, violent
or teaching violence, obscene, pornographic, profane or otherwise
objectionable in any way; or ii. containing a virus or other
hostile computer program; iii. that shall constitute or encourage
a criminal offence, give rise to civil liability or that violates
or infringes any trade mark, copyright, other intellectual property
rights or similar rights of any person under the laws of any
jurisdiction; and c. you will conform to the standards made
available by us from time to time and will not yourself, and
will ensure that none of your end users, make excessive or wasteful
use of the Server to our detriment or that of our other customers.
You are responsible for sending mail in accordance with any
relevant legislation, including but not limited to the Commonwealth
Spam Act (2003) and for sending the same in a secure manner.
We will take all reasonable steps to ensure accurate and prompt
routing of messages but we will not accept any liability for
non-receipt or misrouting or any other failure of email. In
the event of deliberate transmission of unsolicited commercial
email (UCE), Actual Computers reserves it right to terminate
services without prior notification.
You warrant, undertake and agree that:
a. any transactions within your Web site which are contracts
for the sale of goods or services will be between you as the
merchant and your end-user customer and you agree that we may
include an exclusion of our liability in respect of such purchases
and transactions in such form as we deem appropriate;
b. the information contained within your Web site will comply
with all applicable law, and codes of practice governing the
use of Web sites and related services, including, without limitation,
those laws and/or codes of practice governing distance selling
and data protection from time to time in force;
c. you will keep secure any identification, password and other
confidential information relating to your account and you will
notify us immediately of any known or suspected unauthorised
use of your account, or any known or suspected breach of security,
including loss, theft or unauthorised disclosure of your password
information. Notwithstanding such notification you will be liable
for any and all uses of your account (and Web site) notwithstanding
any fraudulent or improper use of your password or any other
access to any of the facilities we offer which is not unauthorised
use or access by us.
Whilst we shall use reasonable endeavours to ensure the integrity
and security of the Server, we do not guarantee that the Server
will be free from unauthorised users or hackers.
We do not warrant whatsoever that our virus protection services
will stop every virus from reaching your computer network. We
make no warranty that the service will be error free or free
from interruption of failure, and the company expressly disclaims
any express or implied warranty regarding system and/or service
availability, accessibility, or performance.
Search Engine Optimisation services
Whilst we will try to improve the position of your Web Site
in the Search Engine results in response to a search request,
we do not warrant that this effort is in any way guaranteed
We cannot be held responsible for any changes to the position
of your Web Site in the Search Engines results in response to
a search request
GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to all reseller and
ISP contracts and provision of all Services, including the registration
of .au.com sub-domains the special terms for which are set out
below:
Service Availability
We shall use reasonable endeavours to provide continuing availability
of the Server and the Services but we shall not, in any event,
be liable for Service interruptions or down time of the Server.
Intellectual Property Rights and other consents
You are solely responsible for obtaining any and all necessary
intellectual property rights clearances and/or other consents
and authorisations, including without limitation, clearances
and/or consents in respect of your proposed domain name and
merchant services agreements between you and the relevant financial
institutions.
Indemnity
You agree to indemnify and keep indemnified and hold us harmless
from and against any claim brought against us by a third party
resulting from the provision of Services by us to you and your
use of the Server, and in respect of all losses, costs, actions,
proceedings, claims, damages, expenses (including reasonable
legal costs and expenses), or liabilities, whatsoever suffered
and howsoever incurred by us in consequence of your breach or
non-observance of these terms.
Termination
We may terminate this agreement forthwith if you fail to pay
any sums due to us as they fall due.
We may terminate this agreement immediately if you breach any
of these terms and conditions, or if you are a company you go
into insolvent liquidation, or if you are a person you are declared
bankrupt.
On termination of this agreement we shall be entitled immediately
to block your Web Site and to remove all data located on it.
We will hold such data for a period of 14 days and allow you
to collect it, at your expense ($150/hr), failing which we shall
be entitled to delete all such data. We shall further be entitled
to post such notice in respect of the non-availability of your
Web Site as we think fit.
If you wish to terminate your account with Actual Computers,
you must do so by completing the form at http://www.Actual Computers.com.au/cancellations/,
otherwise your account will be automatically renewed for the
same subscription period and you will be liable for, and immediately
invoiced upon the commencement of, such additional subscription
period. Specifically, Actual Computers will not accept verbal
instructions to terminate an account. Submission of the form
at http://www.Actual Computers.com.au/cancellations/ will generate
an automated email to the email address specified in the form,
and within this email will be a unique tracking number that
is the only proof of cancellation that will be accepted by Actual
Computers. The ONLY exception to this cancellation process is
for Search Engine Optimisation services, which must be cancelled
by emailing details of the service to be cancelled to customerhq@actualcomputers.com.au.
On receipt of your cancellation request, Actual Computers will
cancel your service at the first available opportunity.
There are no refunds or credits, once an invoice is generated,
unless an invoice for a service is generated after a cancellation
requested is submitted.
Payment
All charges payable by you to us for the Services shall be in
accordance with the relevant scale of charges and rates published
from time to time by us on our Web site and shall be due and
payable within thirty (30) days of receipt of our invoice therefore.
The provision by us of the Services is contingent upon our having
received payment in full from you in respect of the relevant
Services. Without prejudice to our other rights and remedies
under this agreement, if any sum payable is not paid on or before
the due date, we reserve the right, forthwith and at our sole
discretion, to suspend the provision of Services to you.
If you fail to make payment within the terms of this agreement,
you will become liable for the cost of collection. This will
include interest on any overdue amount, calculated at the daily
rate of 12% per annum, from the due date of the payment.
Upon provision of a credit card account, you give us authorisation
to automatically debit your credit card for all charges on issuance
of a valid invoice.
Account Fee
If you nominate that the good(s) or service(s) you have purchased
to be invoiced, you will be charged a $4.40 account fee per
invoice issued.
Late Payment Fee
If you exceed our thirty (30) days credit terms, you will be
charged an $11.00 late payment fee. A revised invoice will be
sent to your nominated e-mail address.
Exclusion and Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS
AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY
SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO
EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER
OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES
OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY
NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges
paid by you in respect of the Services which are the subject
of any such claim and provided that you notify us of any such
claim within one year of it arising.
In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect
or consequential or economic loss whatsoever.
IMPORTANT NOTE:
In the event that this agreement constitutes a supply of goods
or services to a consumer as defined in the Trade Practices
Act 1974 (Cth) or any other national, State or Territory legislation
(the Acts) nothing contained in this agreement excludes, restricts
or modifies any condition, warranty or other obligation in relation
to this agreement and the goods and you where to do so is unlawful.
To the full extent permitted by law, where the benefit of any
such condition, warranty or other obligation is conferred upon
you pursuant to any of the Acts, our sole liability for breach
of any such condition, warranty or other obligation, including
any consequential loss which you may sustain or incur, shall
be limited (except as otherwise specifically set forth herein)
to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent
goods or payment of the cost of replacing the goods or acquiring
equivalent goods; or
ii. the repair of the goods or payment of the cost of having
the goods repaired; b. in relation to services i. the supplying
of the services again; or
ii. The payment of the cost of having the services supplied
again as in each case we may elect.
Notices
Except where expressly provided otherwise, any notice to be
given by either party to the other may be sent by either email,
fax, post or courier to the address of the other party as appearing
in this agreement or ancillary application forms or such other
address as such party may from time to time have communicated
to the other in writing, and if sent by email shall unless the
contrary is proved be deemed to be received on the day it was
sent or if sent by fax shall be deemed to be served on receipt
of an error free transmission report, or if sent by post or
courier shall be deemed to be served two days following the
date of posting.
Severability
If any clause of these terms and conditions is held to be invalid
or unenforceable in whole or in part, the invalid or unenforceable
wording shall be deemed to be omitted.
Assignment
The benefit of this agreement may be assigned by us, but not
our obligations to you - to do that, you agree that we may give
notice to you in writing, and your failure to respond will be
deemed acceptance. You may transfer this agreement provided
that you give us notice in the form we require (setting out
the details of the assignee) accompanied by payment of any transfer
fee specified by us. No other method of transfer by you is permitted.
Change to Terms on Renewal
We may change the terms and conditions of this Agreement at
any time. Details of our current terms are available at http://www.actualcomputers.com.au/domname//rules/lic.htm.
Entire Agreement
These terms and conditions constitute the entire agreement between
Actual Computers and you, and supersede all prior agreements,
understandings and representations whether oral or written.
No oral explanation or oral information given by any party shall
alter the interpretation of these terms and conditions. Except
as provided above, no variation may be made to the contract
unless it is in writing and signed by authorised representatives
of you and Actual Computers.
Hosting Terms and Conditions | Domain Name Licence Agreement | Domain Name Registration Rules
Photo Manipulation | NEIS
DOMAIN NAME REGISTRATION RULES
Australian domain names: .COM.AU & .NET.AU
Popular amongst commercial entities, based in
Australia, serving an Australian market. Must be an Australian
registered company, or business to secure a domain, and must
meet one of the following criteria:
• An exact match of the business' name or
trademark
• An abbreviation of the business' name or trademark
• An acronym of the business' name or trademark
• Product that the business manufactures or sells
• A program that the business administers
• An activity that your business facilitates, teaches or
trains
• A service that your business provides
• A venue that the business operates
• A profession that is practiced by the business' employees
or members
• An event that your business organises or sponsors
• Place names in Australia are disallowed as domain names
• Domain names can be 2 to 63 letters, and words can be
separated by hyphens, but not spaces
Australian/New Zealanddomain names: .AU.COM
& .NZ
Policy free, anyone can register any domain name,
regardless of their rights to that domain name. If you own a
company name, or a trademark, it does not prevent someone registering
that name.
• register domain names for your company
and/or business names
• register domain names for your industry sector
• register domain names for your town name
• register domain names for your product names
Australian domain names: .ORG.AU
Charities, or not-for-profit organisations, as
specified in your articles of association, you must be a registered
company, or business, or incorporated association to acquire
an org.au domain name, and must meet one of the following criteria:
• Product that the business manufactures
or sells
• A program that the business administers
• A program that the business administers
• An activity that your business facilitates, teaches or
trains
• A service that your business provides
• A venue that the business operates
• A profession that is practiced by the business' employees
or members
• An event that your business organises or sponsors
Australian domain names: .ASN.AU
Applicants must either an incorporated association,
registered political party, registered trade union, or a sporting
or special interest club operating within Australia, and must
meet one of the following criteria:
• A program that the business administers
• An activity that your business facilitates, teaches or
trains
• A service that your business provides
• A venue that the business operates
• A profession that is practiced by the business' employees
or members
• An event that your business organises or sponsors
Australian domain names: .ID.AU
Especially designed for individuals, who reside
in Australia. Applicant must meet the following criteria:
• Derived from or includes the individuals'
name
International domain names: .COM, .BIZ,
.NET, .INFO, .ORG
Policy free, anyone can register anything, regardless
of their rights to that domain name. If you
own a company name, or a trademark, it does not prevent someone
registering that name.
• Register your company and/or business names
• Register your industry sector
• Register your town name
• Register your product names
