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Oz Web Biz
Terms of Service / Acceptable Use Policy

 

This document constitutes the Terms of Service (TOS) and Acceptable Use Policy (AUP) for all clients of Oz Web Biz and its servers. These are the standard terms and conditions of supply of Oz Web Biz web hosting and other products and services offered from time to time by Oz Web Biz.

Terms of Reference:
'Us', 'We', 'Ours' refers to Oz Web Biz and its servers.
'You, Yours', 'the Client', 'Their' refers to the Oz Web Biz account holder.

These TOS and AUP are in place so as to ensure a secure, reliable and cohesive environment for all Oz Web Biz clients to operate from with regards to their web hosting requirements & needs and also in the interest of promoting a safe and viable internet for all.

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1. Agreement

By taking an account with Oz Web Biz, you agree to these Terms of Service and Acceptable Use Policy (TOS/AUP) and agree to act in accordance with the terms contained therein.

You do also agree to maintain our TOS/AUP for the duration of your time with Oz Web Biz. Any changes to our TOS/AUP will be notified by email to you by Oz Web Biz no less than 7 days prior to the change taking effect.

This document (including updates and amendments) is the current and only applicable TOS for clients of Oz Web Biz.

2. Content

All content stored and served from the Oz Web Biz servers and network is to be of a lawful nature only.

We will exercise zero tolerance of any sites or dedicated servers containing the inclusion of (but not limited to) adult-only material, pornography, racist, hate content, graphic violence, warez, pirated/fraudulent material, 'ripped' or unauthorized site copies, virus, worms, trojan horse, harmful code or attachments and other threatening or obscene content either stored, served or linked to from the Oz Web Biz servers.

In the interest of protecting server and network resources and security, we also do not allow the use of any IRC servers, egg drops, bots, web spiders or chat scripts or clients.

The distribution of MP3's is not allowed on our servers. Under certain circumstances, this rule may be allayed. This exception, however, will be on an individual basis and only upon direct request to our support staff.

We also do not allow the running of any background processes/daemons as they may potentially affect server resources. Please consult with us before you run any such device.

Clients shall not knowingly or otherwise, use or permit others to use, the Oz Web Biz servers or network for any of the abovementioned forbidden content inclusions.

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3. Refusal of Service/Violation of TOS

Oz Web Biz reserves the right to refuse service or cancel a service upon its sole discretion due to breaches of the TOS/AUP.

Existing clients found breaching any TOS/AUP conditions will either receive a warning, suspension or immediate account termination, dependent upon the nature of the breach of our TOS/AUP. In most cases, barring the most serious of breaches, we will notify you by email of our intention to suspend or terminate your account or site, no less that 24 hours before such action is taken. In the case of a serious breach, such as serious violations of our content or spamming policy we will suspend or terminate your account immediately. In these cases, an email will be sent to the client, advising of the suspension or termination and allow reasonable recourse for the client to solve the problem.

Content of an illegal nature will be reported to the appropriate authorities and the clients account will be terminated immediately. An email will be issued to the client giving notice of a withdrawal of our services.

If an account is suspended or terminated due to a breach of this TOS/AUP, the Client warrants not to hold Oz Web Biz liable for any loss or damage or liability in the event or such suspension or termination.

If an account is suspended, then although the site is unavailable, this is considered uptime and usual fees and charges are still applicable.

No refund will be given for suspension or termination of account due to a violation of this TOS/AUP.

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4. Refund Policy/Account Cancellation

If for some reason, the client is not happy with their service, it may cancelled at any time within 28 days from account/service activation for a full refund of their payment.

If, after 28 days, the client chooses to close their account with Oz Web Biz, it is required that the client inform us in writing or by email 7 days prior to the end of their current billing period. This will enable us to remove the client from our billing system so as no further invoices are issued.

Account cancellation notice can be given to us via email to .

After 48 hours of the account termination date (unless otherwise arranged), we will delete client account details and associated web site(s) from our servers. We strongly advise that the client back up their site via the control panel and download it to their local computer prior to advising us of the cancellation notice, so as no information is inadvertently lost.

Please note: pro-rata refunds are NOT given for the remaining period left on the pre-paid term.

No refunds will be issued in cases where we have terminated an account due to a breach of this TOS/AUP.

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5. Spamming/Email

Spamming, unsolicited email or Mass Emailing (including programs that are used for this purpose) in any form from the Oz Web Biz servers or from an email address held on the Oz Web Biz servers is expressly forbidden. A violation of this nature will revoke any service agreement you have with Oz Web Biz and may result in the termination of your account with no recourse for refund.

6. Back-ups

Although Oz Web Biz does perform system wide back ups for the purposes of disaster recovery, it is to be advised that each client is responsible for their own site backups.

While Oz Web Biz shall make reasonable efforts to protect the data files stored on our servers, Oz Web Biz is not responsible for the Client's data, files, or directories residing on our servers. The Client is solely responsible for maintaining data, file, and directory structure backups.

In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. You must maintain a recent copy of your data at your premises at all times. Oz Web Biz will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Client data recovered from our backups.

7. Client Responsibility

Clients with accounts on the Oz Web Biz network agree to act in a responsible manner with regards to their content and actions on our servers. Client agrees to not knowingly or otherwise disrupt processes, or to trespass, alter or tamper in any way with the security of files contained on the servers or to allow any content on their account that allows this to be done.

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8. Payments & Pricing

Payments:
All payments are due on time and in whole. If an account is not paid by the due date, the client will be issued an email or contacted by other means notifying of the oversight. If payment is not received within 14 days of account due date, then the clients account/web site will (upon our sole discretion) be suspended. If payment is not received within 28 days of the account due date then Oz Web Biz reserve the right to terminate the account and delete it from our system.

Accounts in suspended status are still considered to be payable accounts and as such are subject to normal fees and account costs.

Pricing:
Oz Web Biz reserves the right to change its fees and charges at any time without notice. However, Oz Web Biz will always endeavour to give fair and reasonable notice of price and/or package changes to any client affected by such a change.

9. Transfer of Service

The Client shall not transfer their service to any other person or entity without prior written consent from Oz Web Biz. If Oz Web Biz agrees to allow the transfer of service, the new client must agree to the Oz Web Biz TOS and AUP before the account becomes valid.

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10. Abuse

The abuse (threatening, harming, slandering or otherwise undermining) of any client, employee, Oz Web Biz itself or to its servers will not be tolerated and will be met with an immediate account termination without recompense and will be reported to the appropriate authorities.

11. Reporting Abuse

If a client is found to be in violation of - or suspected of violation of - these TOS and AUP, it should be reported to Oz Web Biz via email at . Please ensure that all relevant and helpful details be included in the email so as the situation can thoroughly investigated.

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12. Network Security

Clients are prohibited from violating or attempting to violate the security of the Oz Web Biz network or any of its clients. Should a violation take place, civil or criminal prosecution may result. Oz Web Biz will investigate any alleged violations and co-operate fully with law enforcement agencies.

Violations include but are not limited to:

  • the attempt to login or gain access to any account or service for which the client is not paying for;
  • interfering with any service by DOS attacking, mail bombing or anything else that would be detrimental to the services that Oz Web Biz provides;
  • attempting to probe or scan or test the vulnerability of any Oz Web Biz servers or its network.
A violation of any of the above may result in immediate account termination.

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13. Server Resources

The use of programs that use up excessive CPU time or bandwidth (beyond allocated amounts) is not allowed on the Oz Web Biz servers and alternative arrangements will be required. The client will always be notified of such occurrences.

The disk space resources or program use (eg. remote access of scripts such as cgi) of the client is not to be resold by the client or used for purposes outside of their own account/web site.

Clients who exceed their allocated disk space or bandwidth resources will be notified of such occurrence and will be given adequate time to remedy the situation. Continued use in excess of the allocated resources will result in a suspension of the clients account and/or over used resources will be charged accordingly and/or the clients account may be terminated as per item 3 of this TOS.

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14. Location Oz Web Biz will determine in its absolute discretion from time to time the data centre location from which your Service is provided. Oz Web Biz reserves the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in Oz Web Biz's opinion becomes unreliable.

Oz Web Biz will use reasonable endeavours to notify you via the most recent contact details supplied but does not take any responsibility for web site failure if you have failed to notify us of a change to your contact details or if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.

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15. Domain Registration

We make no representation that any domain name/s that are requested for registration are available and able to be registered by or for the client until such time that the client has received notice via a domain certificate issued to them stating that they are the registered owner of the domain name/s. Any action taken before such notification is done so at the clients risk.

The registration and use of the clients domain name is subject to the terms and conditions of use as listed by the relevant naming authority/registrar; the client shall ensure that they are aware of these terms and conditions and that they comply with them. The client shall have no right to bring any claim against us for the refusal to register a domain name. Any administration charge paid by the client to us shall be non-refundable notwithstanding refusal by the naming authority/registrar to register the chosen domain name.

We shall have no liability in respect of the client's use of any domain name. Any dispute between the client and any other person must be resolved between the parties concerned in the dispute. If any such dispute does arise, we reserve the right to withhold, suspend or cancel the domain name at our discretion. We shall also be entitled to make representations to the relevant naming authority/registrar but will remain unobliged to take part in any dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us.

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16. Web Site Construction and Development

Where Oz Web Biz is retained to construct a web site or redevelop an existing web site, we provide all care but no responsibility for all services. This means that Oz Web Biz will take care to design, document, code and test web sites and other software, and to correctly set up domain names and hosting configurations. However, the final responsibility remains with the Customer to test and verify that all services and functionality provided have been correctly performed and delivered.

As such, Oz Web Biz cannot be held responsible for any financial or other losses incurred due to such problems as software defects, design flaws, documentation errors, domain name registration errors, hosting configuration errors, trademark infringements, copyright infringements, patent infringements, security breaches, unauthorized access, computer viruses, or other unforeseen circumstances.

Additionally, Oz Web Biz makes no claims or warranties as to the fitness or suitability of the web site or any associated software to a particular purpose.

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17. eCommerce Systems and On-line payments

eCommerce Systems and On-line Payments refer systems enabling you to sell services and products via your web site, and the acceptance of monies or credit card details. This includes, but is not restricted to, on-line stores and shopping carts, payment gateway interfaces, SSL encryption, and encrypted email systems.

Oz Web Biz supplies any such software or service on an 'as-is' and without warranty of any kind, either express or implied.

Oz Web Biz will not be liable for acts or omissions of third party e-commerce payment gateway providers such as Camtech, PayPal, WorldPay, and any other provider who may provide those services. You will deal with those providers at your own risk.

You accept full responsibility for all online transactions, with or without credit and/or debit cards, originating from or related to your web site.

You are responsible for and indemnify Oz Web Biz in respect of legal obligations you have to end-users these services under any legislation, including without limitation the Privacy Act (Cth) 1998 as amended.

You indemnify Oz Web Biz and hold us harmless against any liability in relation to all transactions undertaken using these services, including in respect of claims by or in respect of services provided by payment gateway providers.

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18. Indemnification

The Client agrees that they shall defend, indemnify, save and hold Oz Web Biz harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Oz Web Biz, it's agents, it's clients, officers and employees, which may arise from the Clients account(s) or use, mis-use or non-use of a service, product or goods supplied by Oz Web Biz including, but not limited to, copyright breaches, defamatory comments or events, racial vilification, intellectual property infringements, illegal pornographic material, actions that contravene export controls, threatening or violent actions or behavior or any other unlawful event in any part of the world where they may be unlawful.

In relation to a claim against Oz Web Biz, Oz Web Biz may require you to conduct the defence and meet it's cost for any legal proceedings or compensations or other events that are the results of your actions or inactions or failure to meet these terms and conditions or any Commonwealth Law or any other Law. Where Oz Web Biz requires legal advise in relation to an activity of the Client, the customer agrees to cover the cost of that advise.

The Client agrees to take full responsibility for any content that it publishes using an Oz Web Biz service.

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19. Disclaimer 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 ELSEWHERE IN THIS TERMS OF SERVICE/ACCEPTABLE USE POLICY, 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.

Oz Web Biz disclaims any warranty or merchant-ability or fitness for a particular purpose of the services provided. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Oz Web Biz and its employees.

The Client agrees that exposure to viruses and other harmful events may occur when accessing the general internet and dealing with such events is outside the responsibility of Oz Web Biz and that it is entirely the Clients responsibility to deal with such exposures.

Oz Web Biz will endeavour to maximise availability of its services, but accepts no responsibility for either our own or third party failures, or any other events which may interrupt, delay or degrade the service, or any consequential or ongoing loss, damage, claim or liability to the maximum extent permissible by law.

In any event Oz Web Biz's sole liability will be limited to the an amount equivalent to the charges payable by the Client to Oz Web Biz during the period in which damages are alleged to have occurred.

20. Changes to these Terms of Service

Oz Web Biz will endeavour to notify each client via their contact email address provided to us, of any change or updates to this Terms of Service document. Any changes made to this TOS become applicable upon the updated document being posted on our web site. Continued use of our service after such a change constitutes an acceptance of the changes.

Oz Web Biz reserves the right to alter, edit, and/or update the policies contained in this document at any time for any reason without notice.

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