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Terms and Conditions 1.0  Agreement: This agreement is between MCS Web Hosting (hereinafter referred to as HOSTER), and the on-line individual or entity who is applying for Internet-related Services, (hereinafter referred to as CLIENT). CLIENT agrees to an on-line, paperless subscription service, which will be automatically charged on a recurring basis until the service is explicitly cancelled by either CLIENT or HOSTER. CLIENT acknowledges that all information provided by CLIENT is true and correct to the best of CLIENT's knowledge. CLIENT agrees that the act of submitting an online application form constitutes acceptance of all terms and conditions associated with the services applied for and that the act of online submission shall be in lieu of written signature. 2.0 Content: CLIENT Agrees that all services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material HOSTER judges to be threatening or obscene, or material protected by trade secret and other statute. The CLIENT agrees to indemnify and hold HOSTER harmless from any claims resulting from the use of the service which damages the CLIENT or any other party. 2.0a Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to HOSTERS servers or any other server on the internet. Links to such materials are also prohibited. In addition any site selling or promoting Bulk email services is not allowed. 2.0b Examples of non-acceptable content or links (unless otherwise noted): Pirated software Hackers programs or archives Warez Sites Irc Bots Mp3 2.0c HOSTER will be the sole arbiter as to what constitutes a violation of this provision. 3.0 Traffic Guidelines Due to the unique resource characteristics and traffic patterns associated with certain types of sites, it is to be noted that the following, where used in CLIENT sites, is included in the allotted traffic per month for that account: Shareware, sound, video, image, and multimedia archives Mirror sites or Sites with Banners, graphics or CGI's running from CLIENT's domain used on other domains. Distribution points Any site whose primary purpose is file distribution (This is any site where 20% or more of their monthly traffic is from file downloads) Sites using more than 20% of system resources. HOSTER will be the sole arbiter as to what constitutes a violation of this provision. 3.1 Bandwidth (Traffic) Bandwidth is the amount of data transferred to and from the server when you visit a web site. Each account has a bandwidth limit. Mini50: 1 gig Maxi100: 2 gig Monti150: 3 gig Mega200: 4 gig Major300: 5 gig 3.1a If this limit is exceeded in any month, CLIENT will be charged additional fees at a rate of 20c per 10 meg. Please note: Very few accounts ever exceed their monthly bandwidth limit. 3.1b Where accrued, additional bandwidth usage over the amount allotted in the hosting plan or the pre-arranged, pre-paid amount will be billed at the end of that month to the pre-arranged payment account. Billing of additional bandwidth usage is subject to all other terms of this agreement and no refund will be given on the charges. HOSTER currently charges an extra 20c per 10 meg for any extra bandwidth (unless otherwise specified).   3.1c Any unused portion of CLIENTS Maximum Monthly Data Download limit (bandwidth) is forfeited at the end of each month.   3.1d If the CLIENT finds that their account consistently goes over the allotted bandwidth, extra bandwidth may be purchased monthly. Additional bandwidth is $10.00 per 1GB per month.   4.0 CGI Scripts, ASP or any other scripts. Each account comes with its own CGI-bin. CLIENT's are free to use any CGI scripts that the CLIENT wishes, however HOSTER reserves the right to disable any CGI script that effects normal server operation. 5.0 Databases HOSTER provides 3 types of databases.   1. Microsoft Access  2. MSSQL Server 3. MySQL   5.0a CLIENT agrees that in use of any of the above listed types of databases... 1. CLIENT must keep backups of databases at all times. 2. CLIENT understands that HOSTER is not liable for loss or damage of databases. 3. CLIENT has the knowledge necessary to successfully setup and use either 1 or all of the above types of databases. HOSTER is supplying CLIENT the ability to use these methods. HOSTER is not a training centre nor does it assume or advertise to be. HOSTER will however provide limited support for the above listed databases, should in the course of supplying the use of these methods, the need arise. 4. The Client agrees that he or she has the necessary knowledge to create and maintain their databases using the above methods. 6.0 Backups. As a courtesy, HOSTER maintains a backup service on shared hosting accounts. HOSTER backs up its server data daily. CLIENT can not request a backup-restoral of files. HOSTER makes a honest effort to ensure that backups are complete and accurate; however there is no guarantee of data availability or integrity. HOSTER is not responsible for CLIENT's files. CLIENT is solely responsible for their independent backup of data stored on HOSTER's server and network. In some cases, backups may not be available for requested accounts or files. CLIENTs are strongly advised to periodically and frequently backup data to their own local computer. 7.0 Chat Rooms HOSTER does not allow CLIENT's to install their own chat rooms. These tend to use large amounts of system resources and HOSTER cannot allow it as an account option.  8.0 IRC HOSTER currently does not allow IRC or IRC bots to be operated on our servers.   9.0 Account Payment: All HOSTER Accounts are administered by email. CLIENTS will receive all correspondence relating to their account by this means. CLIENTS can also access their account information through their account Control Panel. 9.0a HOSTER offers CLIENTS monthly or yearly payment options for all hosting accounts. HOSTER will charge all CLIENT accounts in advance, according to the payment term CLIENT has chosen. If CLIENTS choose to pay their account yearly, HOSTER gives CLIENTS one month in the year for FREE. CLIENTS will receive a notification email 3 days before their chosen account is due. 9.0b CLIENTS can pay their accounts by Credit Card, Direct Deposit, and Australia Post Money Order. HOSTER does not accept any other form of payment. HOSTER processes all Credit Card payments through Paypal Australia. CLIENTS will not need a separate account with Paypal. HOSTER's Direct Deposit and Money Order details are given during account sign up. All account payments on new accounts are subject to our 30 Day Money Back Guarantee. 9.0c All HOSTER's plans incur a once off setup fee of $25.00. All monies are in Australian dollars (AUD), and include GST. 10.0 30 Day Money Back Guarantee: HOSTER guarantees to all CLIENTS that if for any reasonable reason they wish to cancel their account within the first 30 days of signup, HOSTER will give a full refund of all CLIENTS hosting fees paid, without any penalties. This applies to Monthly and Yearly payments made. However, if CLIENT has broken any of HOSTER’s terms and or conditions, and CLIENTS account has been suspended or cancelled CLIENT will NOT be refunded.     10.0a Refunds after 30 days: No refunds will be issued after 30 days unless it is the fault of HOSTER as outlined below:       HOSTER fails to provide the services specified on CLIENTS chosen plan for longer than 7 continuous days.      This does not apply to Network outages that are out of HOSTER's control. 11.0 Commercial Advertising - Email: HOSTER’s servers may NOT be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. CLIENT's domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on HOSTER’s servers is prohibited. HOSTER considers Spam as any mass unsolicited message in the mediums of Newsgroups and Email. If CLIENT's are found to have spammed, then HOSTER will immediately, without warning, disable CLIENT's domain. In addition, HOSTER will impose a $150 penalty for each Spam policy violation. HOSTER reserves the right to refuse or cancel service to known spammers. Lastly, HOSTER reserves the right to determine what violates this policy. 11.0a HOSTER provides the email system to the CLIENT on understanding that: HOSTER will delete any emails stored in your deleted, Spam or outbox folders after 60 days and delete all stored emails 90 days old. If you cancel your account your emails/files/accounts will be deleted 7 days after account closure. HOSTER'S mail servers are intended to receive and deliver emails to you via your computer or Webmail system. We do not provide a mail storage solution, and as such, emails stored on our servers are at your risk and you understand that the above storage removal rules apply to stored emails. 12.0 Server FAIR usage policy: Any violation of the below will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited. Any unreasonable server CPU, memory, as well as bandwidth usage determined by HOSTER 13.0 Indemnification: CLIENT agrees that it shall defend, indemnify, save and hold HOSTER harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HOSTER, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, it's agents, employees or assigns. CLIENT agrees to defend, indemnify and hold harmless HOSTER against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HOSTER server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. 14.0 Terms and Termination This agreement shall have an initial term of one month from the date of account activation, unless account plan is purchased yearly, whereon the initial term will be one year. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless written notice is given by CLIENT of their intent to terminate the agreement, at least one week prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If CLIENT does not notify HOSTER of cancellation request at least 7 days in advance of date of renewal, the CLIENT will be responsible for the payment due for the next equivalent period. Fee for late payment is $10.00. Late payment is defined as any payment overdue by 7 days. Any service disconnection or suspension shall require a $25.00 re-connect fee. HOSTER reserves the right to terminate CLIENTS account without notice where CLIENT has violated the terms and or conditions of this agreement.  15.0 Refusal of Service: HOSTER reserves the right to refuse or cancel service at HOSTER’s sole discretion. If any terms or conditions of this agreement are failed to be followed it will result in grounds for immediate account deactivation, without refund. 16.0 Password Policy: HOSTER is not responsible for the maintenance of CLIENT usernames and or passwords. It is the CLIENT'S responsibility to keep safe, usernames and passwords. If CLIENT loses usernames and or passwords HOSTER will reset the username or password for the CLIENT. HOSTER may need to delete accounts and re-setup accounts in some cases. For security measures HOSTER does not allow staff access to CLIENT passwords. HOSTER reserves the right to charge for changing or deleting accounts due to CLIENT loss of passwords. 17.0 Changes to Account Plans, Fees or Features  HOSTER reserves the right to make changes to any or all account plans, fees or features offered by HOSTER. These changes may occur at anytime during your agreement. HOSTER will notify all CLIENTs of any changes 7 days prior to changes taking effect.    18.0 Disclaimer HOSTER will not be responsible for any damages the CLIENT's business may suffer. This includes loss of data resulting from delays, and any and all service interruptions outside the control of HOSTER.

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