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The following are the terms and conditions that apply to all SiteMaster licenced products and services.
Maintenance
The Supplier reserves
the right to monitor the traffic moving through the internet
system for the purpose of fault finding and system performance
analysis.
Cancellation
Any Customer who disconnects
during the minimum period shall be liable for the full contract
price. The Supplier may cancel or suspend this agreement at
any time without notice and without any liability to the Customer.
Liability
The Supplier is not
liable (whether in contract or tort) to the Customer for any
loss or damage, including consequential damage and loss of profits,
caused directly or indirectly from the provision of the services
supplied under this contract. In the event that any limitation
provision in this agreement is held to be invalid, any liability
on the part of the Supplier shall be limited to the value of
the contract price.
Warranties
The Supplier
will use its best endeavors to provide continuity of service
but is not liable to the Customer for compensation of any kind
for any disruption to the service whether caused through the
fault of the Supplier or otherwise. The Supplier makes no warranty
or representation as to the suitability of SiteMaster for the
Customer’s purposes. The Customer enters into this agreement
reliant solely upon its own judgement.
Failure
of SiteMaster
If all SiteMaster
services are not available for a continuous period of 24 hours,
the Supplier will on the request of the Customer credit the
Customer with the portion of the fee that pertains to such period.
Alterations
The Supplier
is entitled at any time and without prior notice or liability
to the Customer to alter SiteMaster in the course of its ongoing
development.
Force
Majeure
The
Supplier shall not be liable for any failure or delay in performance
under this agreement where such failure or delay is caused by
matters beyond the Suppliers control.
Assignment
The Customer may not
transfer or assign its rights under this agreement.
Web
Site Content and Conditions
Prohibited
Content / Use
- Websites which
have Adult Material of any sort, including links to adult
websites are strictly prohibited. 'Adult Material' is defined
as pornography, nudity and sex-related merchandising.
- MP3 files are
strictly forbidden from our servers.
- WebSites promoting
illegal activities, including, but not limited to, warez,
hacking, serial numbers, cracks, or information
which violates any local, state, federal, or U.S. export restriction
laws.
- WebSites whose
primary purpose is file distribution or mirroring another
website.
- Links to adult
websites, warez sites, or hacking websites.
- Sending unsolicited
e-mail, or 'spam' through our mail servers. This includes
promoting a website hosted with us through unsolicited e-mail,
regardless of whether or not the unsolicited e-mail is sent
through our mail servers or not.
Websites found in
violation of this policy are subject to account termination
without notice. Any account terminated under this clause during
the minimum period shall be liable for the full contract price.
Copyright
Material
Materials
distributed on your website cannot infringe upon another groups
copyrights. This especially includes distributing copyright
software, or 'warez', also know as pirated software, MP3 files
which usually consist of copyrighted music, and Emulators/ROMs.
Please ensure that your website consists of your own work and
none of the contents on your website do not infringe upon anyone
else's copyrights.
Variation
of Fees
The Supplier reserves
the right to vary the monthly licence payments at any time to
reflect the introduction of, or change in the rate of any Government
Goods and Services Tax or similar.
Governing
Law
This Agreement is
governed by and shall be construed in accordance with the laws
of Australia.
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