| |
Terms and Conditions
- Effective September 2003 |
These are the standard terms and conditions
of supply of web hosting offered on the
Simple Internet Technologies(here-in reffered
to as "Simple I.T.") web site
at http://www.SimpleIT.com.au/ ("the Service").
These terms apply to you as a user of the
Service ("Client" or "you"). Please read
these terms and conditions carefully. It
is a condition of your use of the Service
that you comply with these terms and conditions.
1. Terms and Amendment Procedure
1.1 These are the terms upon which we agree
to provide the Service to the Client. The
agreement made between Simple I.T. and client
with these terms commences on the date of
original upfront milestone payment invoice
when your order for Services was accepted
by Simple I.T.
1.2 We may vary these terms, the amount
we charge for any Service, or the terms
of the operation of the Service, at any
time by general notice on a page of the
internet referred to on the home page of
our web site at http://www.SimpleIT.com.au/. The changes
will become effective upon publication of
the notice. Where we vary the prices for
Services, we will give at least 14 days
notice of the change by the same means,
and the new prices will apply at the end
of that period.
1.3 If you use the Service after that publication,
your use will constitute an acceptance of
the amended terms.
1.4 These terms constitute the agreement
in its entirety and supersede prior agreements.
1.5 We may from time to time run promotions
and make special offers of limited time
duration ("Promotions"). All Promotions
are offered subject to their terms and may
be withdrawn or altered at Simple I.T.'s
discretion. The terms of a promotion will
override these terms to the extent of any
inconsistency.
2. Service
2.1 Simple I.T. will assign the Client with
logon details which will provide you with
access to the web based admin (which is
used by you to configure various features
of your web site/ email service). We will
provide the Client with Web and Email Services
as per the Hosting Plan selected.
2.2 Correct operational procedures can be
accessed via web based admin.
2.3 Scheduled Maintenance - We must perform
scheduled maintenance to servers from time
to time. We will attempt to perform all
scheduled maintenance at times which will
affect the fewest customers. If scheduled
maintenance requires the service to be offline
for more than 30 minutes we will post details
of the scheduled maintenance to the Web
Host System News at least 48 hours in advance
of the maintenance.
2.4 Unscheduled Maintenance - We may need
to perform unscheduled maintenance. If unscheduled
maintenance requires the Service to be offline
for more than 30 minutes, we will post details
of the event to the Web Host System News
after the maintenance has been completed.
2.5 Archiving of Data - We will archive
your data onto backup mechanisms on a regular
basis for the purposes of disaster recovery.
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. We will not be liable for incomplete,
out-of-date, corrupt or otherwise deficient
client data recovered from our backups.
2.6 The Service is provided by Simple I.T.
from the IDC located in CBD Melbourne. Simple
I.T. will determine in its absolute discretion
from time to time the data centre location
from which your Service is provided.
2.7 In contracting with Simple I.T. for
the Services, the Client obtains no rights
to the hardware and other infrastructure
and facilities used by Simple I.T. to deliver
the Service.
2.8 In the absence of any additional written
agreement, these terms and conditions (as
varied from time to time) will apply to
any further Services you acquire from Simple
I.T.
3. Payment
3.1 You must pay for the Service as notified
to you by Simple I.T. in accordance with
the prices in force for Services from time
to time.
3.2 You must pay all Service time charges,
minimum charges and other amounts incurred
by you or any designated users or incurred
as a result of any use of your password
(whether authorised or not) in accordance
with the billing option selected and in
advance.
3.3 Prices published on our web site are
exclusive of any government taxes or charges
unless otherwise noted, and exclusive of
any registration or delegation charges imposed
by domain name authorities.
3.4 In addition you must provide and pay
for:- |
| (a) |
the installation and use of
telephone lines and all other equipment
needed to access the Service; and |
| (b) |
all government taxes, duties and levies
(if any) imposed on either you or us in
respect of the Services or any other service
or goods supplied. |
3.5 You must pay all amounts billed in
accordance with your billing option. No
credit terms are given to credit card accounts.
Upon registration of a credit card account,
you give us authorisation to debit your
credit card for all charges. Billing of bandwidth excess
is on a monthly cycle beginning when you
register. If you register after the 28th
of each month, your billing date becomes
the first of the next month.
3.6 You consent to us obtaining a credit
reporting agency report containing personal
information about you (as well as information
concerning commercial creditworthiness and
activities) for the purpose of assessment
by us of an application for credit (whether
commercial or personal) or for the purpose
of the collection of payments which are
overdue.
3.7 No other parties shall be liable for
the account keeping fee.
3.8 At Simple I.T.;s discretion an account keeping fee of $5.50may be issued. The account keeping fee will be charged
per customer account. If a customer has
multiple accounts with Simple I.T., the
account keeping fee will be charged on each
account for which monthly invoices are issued.
4. Warranties and Liabilities
4.1 We do not warrant that:- |
| (a) |
the services provided under
this agreement will be uninterrupted or
error free; |
| (b) |
the services will meet your requirements,
other than as expressly set out in this
agreement; or |
| (c) |
the Services will be free from external
intruders (hackers), virus or worm attack,
denial of service attack, or other persons
having unauthorised access to the services
or systems of Simple I.T.. |
4.2 Except as expressly provided to the
contrary in this agreement, all warranties
whether express, implied, statutory or otherwise,
relating in any way to the subject matter
of this agreement, are excluded. Where any
statute implies any term into this agreement,
and that statute avoids or prohibits provisions
in a contract excluding or modifying the
application of or liability under such a
term, then the term will be taken to be
included in this agreement. However, our
liability for any breach of the term will,
if permitted by that statute, be limited,
at our option, to the resupply of the services
again; or payment of the cost of having
the services supplied again.
4.3 Except as provided under clause 4.2,
none of Simple I.T., its subsidiaries, officers,
directors, employees, partners or suppliers
will be liable to you or any third party
for:- |
| (a) |
any special, punitive, incidental,
indirect or consequential damages of any
kind; |
| (b) |
any damages whatsoever, including,
without limitation, those resulting from: |
|
(i) |
loss of use, data or profits, on any
theory of liability, arising out of or
in connection with the use of or the inability
to use the Services; |
|
(ii) |
the statements or actions of any employee
or agent of Simple I.T.; |
|
(iii) |
any unauthorised access to or alteration
of your web site, transmissions or data; |
|
(iv) |
any information that is sent or received
or not sent or received; |
|
(v) |
any failure to store or loss of data,
files or other content; |
|
(vi) |
your fraudulent, negligent or otherwise
unlawful behaviour; |
|
(vii) |
information, data or other material
provided to Simple I.T. by you or on your
behalf; or |
|
(viii) |
any Services that are delayed or interrupted. |
| 4.4 You warrant that:- |
| (a) |
at the time of entering into
this agreement you are not relying on
any representation made by us which has
not been stated expressly in this agreement,
or on any descriptions or specifications
contained in any other document, including
any catalogues or publicity material which
we have produced; |
| (b) |
you will conduct such tests and computer
virus scanning as may be necessary to
ensure that data uploaded by you onto
or downloaded by you from the Server does
not contain any computer virus and will
not in any way, corrupt the data or systems
of any person; |
| (c) |
you will keep secure any passwords used
to upload data to the Server; and, |
| (d) |
you hold and will continue to hold the
copyright in the Client Data or that you
are licensed and will continue to be licensed
to use the Client Data. |
4.5 You accept responsibility for all
information and material you issue over
any Service, and indemnify us and hold us
harmless against any liability in relation
thereto. In particular you undertake that
you shall not publish or issue any information
which is illegal or defamatory. You also
acknowledge that we do not vet or approve
any information or material available through
the Service. We do not accept any liability
for any loss, claim or damages arising from
or relating to information and material
available through the Service, to the full
extent permitted by law. You access and
use such information and material at your
own risk.
4.6 You agree to abide by our Acceptable
Use Policy which follows these Terms and
Conditions and our Privacy Policy and you
agree that the terms of this policy form
part of this agreement between you and Simple
I.T..
4.7 You are solely responsible for dealing
with persons who access the Client Data,
and must not refer complaints or inquiries
in relation to such data to us.
4.8 Except as provided in clause 4.2. we
are not liable to you or any other person
for:- |
| (a) |
cost, loss or liability (including
loss of profit or other consequential
damage) arising from our supply or failure
or delay in supplying the Service; |
| (b) |
the content, context or confidentiality
of any communications made using the Service; |
| (c) |
loss or damage caused by third party
software applications forming part of
the Service. |
| 4.9 You indemnify us against
all costs, expenses, loss or liability
that we may suffer (directly or indirectly)
resulting from: |
| (a) |
your breach of these terms; |
| (b) |
your use or misuse of the Service; |
| (c) |
the use or misuse of the Service by
any person using your account; and, |
| (d) |
publication of defamatory, offensive
or otherwise unlawful material on any
web site forming part of your Service. |
5. Suspension and Termination
of Service
5.1 We may from time to time without notice
suspend the Service or disconnect or deny
your access to the Service:- |
| (a) |
during any technical failure,
modification or maintenance involved in
the Service provided that we will use
reasonable endeavours to procure the resumption
of the Services as soon as reasonably
practicable; or |
| (b) |
if the Customer fails to comply with
any agreement (including failure to pay
charges due) until the breach (if capable
of remedy) is remedied, or does, or allows
to be done, anything which in our opinion
may have the effect of jeopardising the
operation of the Service. |
| (c) |
notwithstanding any suspension of any
Service under this clause you shall remain
liable for all charges due throughout
the period of suspension. |
| 5.2 Simple I.T. may without
notice to you remove, amend or alter your
data upon being made aware of:- |
| (a) |
any claim or allegation; or |
| (b) |
any court order, judgment, determination
or other finding of a court or other competent
body, that the data is illegal, defamatory,
offensive or in breach of a third party's
rights. |
5.3 We may end our agreement
with you and cease providing Services
for any reason, on 7 days written notice
to you. You may cease to host with Simple
I.T. on 30 days written notice to Simple
I.T. All hosting payments are paid annually and no refunds will be issued upon cancellation.
5.4 If your account is closed you must
pay all outstanding charges immediately
and we may delete all Client Data from
any storage media. Unless otherwise arranged and agreed in writing by an authorised Simple I.T staff member there will be no handover of website or associated code to the client on Cd or any other format.
6. Domain Names
6.1 If you have requested that Simple
I.T. registers a .com, .net, .org, .biz
or .info domain name on your behalf, you
agree that you have read and accept the
TLD (Top Level Domains) Policy applicable
to .com, .net, .org, .biz and .info domain
names issued by the registrar MelbourneIT
Limited located at URL: http://www.melbourneit.com.au/policies/gtldtermcond.php3.You
agree that you are aware of the consents,
warranties and indemnity you are required
to give to register, maintain, transfer
and renew your domain name.
6.2 If you have requested that Simple
I.T. register a .com.au domain name on
your behalf, you agree that you have read
and accept the Domain Name Allocation
Policy applicable to .com.au domain names
issued by the registrar MelbourneIT Limited,
located at URL: http://www.melbourneit.com.au/policies/comaupolicy.php3.
6.3 You agree that in the event of a dispute
in registering a domain name or about
a domain name after registration, MelbourneIT's
Dispute Resolution Policy and Rules for
Dispute Resolution Policy any variations
to them from time to time bind Simple
I.T. You agree that by maintaining the
registration of a domain name after changes
or modifications to the Dispute Resolution
Policy become effective, you are confirming
your continued acceptance of these changes
and modifications. You agree that in the
event of a dispute you will submit to
the jurisdiction of the courts as provided
in the Dispute Resolution Policy. The
Dispute Resolution Policy can be viewed
at URL: http://www.melbourneit.com.au/policies/gtlddispute.php3
and the Rules for Dispute Resolution Policy
can be viewed at URL: http://www.melbourneit.com.au/policies/gtldrules.php3.
6.4 You agree that you must pay for any
registration or delegation charges imposed
by MelbourneIT or any other domain name
authorities in advance. You understand
that you cannot register a domain name
without paying for it in advance.
6.5 Simple I.T. makes no representation
and gives no warranty about your chosen
domain name being available for registration
or use by you.
6.6 You expressly authorise and direct
Simple I.T. to:- |
| (a) |
be nominated as authorised
billing contact for your domain name with
the domain name registrar; |
| (b) |
renew your domain name registration
upon receipt of renewal notification from
the domain name registrar, and invoice
you for the relevant charge in accordance
with Simple I.T.'s list price from time
to time. |
6.7 You indemnify Simple
I.T. against all claims arising out of
your registration and use and renewal
of registration of your chosen domain
name.
7. Ecommerce services
7.1 Simple I.T.'s ecommerce services are
offered by Simple I.T. and purchased by
you on following conditions:- |
| (a) |
Simple I.T. provides the Ecommerce
Services software 'as-is' and without
warranty of any kind, either express or
implied. |
| (b) |
Simple I.T. gives no warranty
that:- |
|
(i) |
the Ecommerce Services will meet your
requirements; |
|
(ii) |
the Ecommerce Services will be uninterrupted,
timely, secure, or error-free; |
|
(iii) |
the results that may be obtained from
the use of the Ecommerce Services will
be effective, accurate or reliable; and |
|
(iv) |
any errors in the Ecommerce Services
software obtained from or used through
Simple I.T.'s site, or any defects in
the Ecommerce Services, will be corrected.
|
| (c) |
Simple I.T. will not be liable
for acts or omissions of third party Ecommerce
payment gateway providers such as Camtech,
NewsConnect SafePay, Securepay, WorldPay, and any
other provider. who may provide those
services as part of the Ecommerce Services.
You will deal with those providers at
your own risk. |
| (d) |
You accept full responsibility
for all online transactions you originate
or execute using the Ecommerce Services
with or without credit and/or debit cards. |
| (e) |
You are responsible for and
indemnify Simple I.T. in respect of legal
obligations you have to end-users of the
Ecommerce Services under any legislation,
including without limitation the Privacy
Act (Cth) 1998 as amended. |
| (f) |
Simple I.T. accepts no responsibility
for any cost, loss or liability (including
loss of profit or other consequential
damage) that might arise through your
use of the Ecommerce Services. |
| (g) |
You indemnify Simple I.T.
and hold us harmless against any liability
in relation to all transactions undertaken
using the Ecommerce Services, including
in respect of claims by or in respect
of services provided by payment gateway
providers. |
7.2 You acknowledge that Simple I.T. is
acting as a reseller of Ecommerce gateways
and is not the agent, partner or joint venturer
of the supplier of such Services to Simple
I.T..
8. SQL Database Services
If you purchase SQL database Services, you
agree that you have read and will be bound
by these terms
8.1 Charges
8.1.1 A SQL Set-up Fee from AUD$121 will
apply to all new SQL Server databases.
8.1.2 A Monthly Management Fee from AUD$30
will apply to all applicable hosting levels
supporting SQL Server databases.
9. Service level agreement
9.1 Simple I.T. will endeavour to supply
the service with minimal interuptions.
9.2 If the service is interupted and it
is found to be directly caused by equipment
supplied by SimpleI.T. the client will
be eligible to claim a percentage of that
months hosting fee only if uptime falls
below 99.9% for the given month.
9.3 Any claim made will be limited to
the percentage of the hosting fee for
the given month.
10. Miscellaneous
10.1 The Client grants to Simple I.T.
a license to use and reproduce all Client
Data in order to fulfil its obligations
under this agreement. In this agreement
"Client Data" means all information, data,
text, logos, images, audio, movie clips
and/or content in any form that forms
part of the Client's web sites or emails.
10.2 A provision of, or a right created
under this agreement, may not be waived
except in writing signed by the party
granting the waiver, or varied except
in writing signed by the parties.
10.3 The law in force in Australia governs
this agreement and the transactions contemplated
by this agreement.
10.4 You may not resell Services or assign
your rights and obligations under this
agreement without our prior written consent.
(c) Simple Internet Technologies P/L
|
|
|
Simple I.T. Acceptable
Use Policy |
Updated July 2002
This is Simple I.T.'s Acceptable Use Policy.
It applies to you if you are a Simple I.T. Customer
or User ("you"). It is intended to ensure that
your use of Simple I.T.'s service is trouble
free and that you have due regard to the law
and the needs of other users.
Please read it carefully. It is a condition
of your use of our service that you comply with
the terms of this Policy.
Please look out for any amendments to the Policy
that Simple I.T. ("we") might make in the future.
From time to time we will make amendments to
it by giving you notice of the change and you
will then be obliged to comply with the policy
as amended.
In this policy we use the following definitions:
Customer means the person or company which has
entered into an agreement with Simple I.T. for
supply of Services whether via Simple I.T.'s
web site or otherwise.
Daily Email Limit means the greater of:
| (a) |
100 messages per day sent
via webmail, your own mailing list or email client;
or |
| (b) |
One message per mailing list per day. |
Potentially Prohibited Contentmeans that content
so defined by the Broadcasting Services Act,
1992 (as amended).
Prohibited Content means that content so defined
by the Broadcasting Services Act, 1992 (as amended).
Service means all products and services offered
by Simple I.T. from time to time, which you
use.
Spam means:
| (a) |
mass-delivered and/or randomly
delivered advertising or other material; |
| (b) |
sent to groups of recipients who are
not known to you, who have not requested
the material, or who have not granted
permission for the mail to be sent to
them; |
| (c) |
delivered via email or discussion
groups; and |
| (d) |
which does not contain an unsubscribe
option. |
Users means users of the Service who have not
obtained it as a Customer, but via a Customer
who is authorised to resell the Services such
as a Simple I.T. Partner.
Simple I.T. means Simple Internet Technologies
P/L ABN 24 078 607 042.
1. Some General Principles
1.1 Simple I.T. is not responsible for the content
of traffic. We exercise no supervision or control
whatsoever over the content of the information
passing through our network.
| (a) |
We do not assume any responsibility
for information not sent or expressly
authorised by us. |
| (b) |
The responsibility for traffic that
does not conform with this policy and
all possible consequences lies with
the sender of the traffic. |
| (c) |
We accept no responsibility for the
consequences of unauthorised breach
of our system security such as hacking
or denial of service attacks. |
1.2 You should familiarise yourself with your
legal responsibilities. You can view your legal
responsibilities in relation to:
| (a) |
supervising and controlling
children's access to internet content; |
| (b) |
procedures which parents can implement
to control children's access to internet
content, including availability, use
and appropriate application of internet
content filtering software; and |
| (c) |
obligations which may exist in relation
to your content under the Broadcasting
Services Act 1992 (as amended) or other
applicable state legislation, at either
of the following web sites: http://www.iia.net.au/; or http://www.aba.gov.au./ |
1.3 You are responsible for use of your account.
If you permit others to use our Service, you
are responsible for making users of the Service
aware of this policy and obtaining compliance
of your users with this policy.
1.4 You are responsible for complying with conditions
of use of other networks. If we provide you
with access to a network outside our Service
you must comply with any acceptable use conditions
which apply to that network.
2. Acceptable Uses
2.1 It is your responsibility to ensure that
you and others whom you permit or enable to
use Simple I.T.'s Service do so as follows:
| (a) |
use our Service in a manner
which does not violate any applicable
laws or regulations; |
| (b) |
respect the conventions of the newsgroups,
lists and networks that you use; |
| (c) |
respect the legal protection afforded
by copyright, trade marks, license rights
and other laws to materials accessible
via our Service; |
| (d) |
respect the privacy of others and
observe the provisions of Simple I.T.'s
Privacy Policy. |
| (e) |
use the Service in a manner which
does not interfere with or disrupt other
network users, services or equipment; |
| (f) |
refrain from acts that waste resources
or prevent other users from receiving
the full benefit of our services; and |
| (g) |
comply with Simple I.T.'s terms and
conditions of supply. |
2.2 Your use of our Services should be ethical
and in accordance with accepted community standards.
3. Unacceptable Uses
3.1 You must comply with the law. It is not
acceptable to use our service for any purpose
which violates local, state, federal or international
laws. You should obtain independent legal advice
about your potential liability for the consequences
of the publication of material on a web site
or content database.
3.2 Specific kinds of use are not allowed. It
is not acceptable to use our Service to do any
of the following ("Unacceptable Conduct"):
| (a) |
send Spam; |
| (b) |
provide a capability on a
Simple I.T.-hosted site which permits
third parties to send Spam from a Simple
I.T. server; |
| (c) |
intentionally omit, forge,
delete or misrepresent transmission information
including headers, return mailing addresses,
internet protocol addresses; |
| (d) |
engage in any activity intended
to withhold or mask Customer's, or if
you are an authorised reseller, its User's
corporate identity or contact information; |
| (e) |
send electronic chain letters; |
| (f) |
distribute messages to inappropriate
or unrelated forums, newsgroups or mailing
lists; |
| (g) |
send email to a recipient
after the recipient has unsubscribed from
your mailing list or has advised you by
other means that they do not wish to be
on the mailing list; |
| (h) |
send more emails than the
Daily Email Limit; |
| (i) |
undertake activities which
cause or may cause third party service
providers to place Simple I.T.'s internet
protocol (IP) addresses on a blacklist
and/or block those IP addresses; |
| (j) |
undertake any activity which
impedes Simple I.T.'s ability to provide
its Service; |
| (k) |
make transmissions of any
type or quantity which adversely affect
our operation or jeopardise the use of
our service, or its performance for other
subscribers; |
| (l) |
violate copyright or other
intellectual property rights; |
| (m) |
illegally store, use or distribute
software in order to transmit threatening,
libellous, obscene or offensive materials; |
| (n) |
engage in electronic 'stalking'
or any other form of harassment such as
using abusive or aggressive language; |
| (o) |
misrepresent or defame others; |
| (p) |
harass or impersonate Simple
I.T. or other users; |
| (q) |
commit fraud, gain unauthorised
access to any computing, information,
or communications devices or resources,
including but not limited to any machines
accessible via the internet; |
| (r) |
damage, modify or destroy
the files, data, passwords, devices or
resources of Simple I.T., other users
or third parties; |
| (s) |
engage in misleading or deceptive
online marketing practices; |
| (t) |
conduct any business or activity
or solicit the performance of any activity
that is prohibited by law; |
| (u) |
make an unauthorised transmission
of confidential information or material
protected by trade secrets; |
| (v) |
place on the internet, obtain
through the internet or transmit using
the internet, Prohibited Content or Potentially
Prohibited Content; |
| (w) |
place on the internet, obtain
through the internet or transmit using
the internet any of the following: |
|
(i) |
Content which is (or would be) classified
RC or X by the Classification Board. Such
content includes: |
|
|
- |
material containing detailed instruction
in crime, violence or drug use; |
|
|
- |
child pornography; |
|
|
- |
bestiality; |
|
|
- |
excessively violent or sexually violent
material |
|
|
- |
real depictions of actual sexual activity;
or |
|
(ii) |
Content hosted in Australia which is
classified R and not subject to a restricted
access system which complies with criteria
determined by the ABA. Content classified
R is not considered suitable for minors
and includes: |
|
|
- |
material containing excessive and/or
strong violence or sexual violence; |
|
|
- |
material containing implied or simulated
sexual activity; |
|
|
- |
material which deals with issues or
contains depictions which require an adult
perspective; |
| (x) |
propagate computer worns,
viruses and other types of malicious programs; |
| (y) |
use the service to interfere
or disrupt other network users, services
or equipment; |
| (z) |
attempt to do any of the things
set out in (a) to (y) above. |
3.3 It is not acceptable to use our Service
to solicit subscribers to become subscribers
of other competitive services.
3.4 Resale of our Services to others is strictly
forbidden under all circumstances unless expressly
approved by Simple I.T. in writing. The Partner
program provides for the resale of services.
4. Third Party Complaint Process
4.1 From time to time, Simple I.T. receives
complaints from third parties ("Complaints")
regarding Unacceptable Conduct, allegedly being
conducted by Customers or their Users. Simple
I.T. will make reasonable endeavours to resolve
such complaints by working with Customers. The
complaint process set out here does not apply
to complaints the subject of court order or
proceedings, or where Simple I.T. reasonably
believes that it must take urgent action without
reference to the Customer.
4.2 Simple I.T.'s policy is to put the complaining
party in direct contact with the party best
able to answer the complaint. Accordingly, Simple
I.T.'s Customers authorise and direct Simple
I.T. to provide to third party complainants
the relevant Customer's email contact details.
4.3 You have a right to complain to the ABA
about content. If you become aware that a web
site hosted by Simple I.T. contains Prohibited
Content or Potentially Prohibited Content, you
can make a formal complaint to the Australian
Broadcasting Authority by contacting them at:
ABA, Head Office, Level 15 Darling Park, 201
Sussex Street, Sydney NSW 2000, or through their
web site at URL http://www.aba.gov.au/.
5. What We May Do to Ensure That This Policy
is Being Followed
5.1 We may monitor your account but will respect
your privacy. We may monitor the conduct of
your account to determine whether this policy
is being followed.
5.2 If we monitor the conduct of your account
we will safeguard your privacy subject to the
terms of our Privacy Policy.
5.3 We may suspend or terminate your account
and/or notify the authorities. If we believe
that your use of the Service may break the law
or that you have not complied with this policy
we may:
| (a) |
warn you by email (but we
are not obliged to do so); |
| (b) |
suspend your access to the Service; |
| (c) |
terminate your account without notice;
and/or |
| (d) |
notify and provide relevant information
to the authorities, as appears appropriate
in the circumstances. |
5.4 In the event of taking action under 5.3
we reserve the right to delete any or all of
your information, material, software or other
content stored on our system in our sole discretion.
5.5 We may, in our absolute discretion and without
notice to you, suspend or terminate your access
to the Service:
| (a) |
where we are made aware
that a court order, judgment, decree,
determination or otherwise has been
made to the effect that the Customer
data is illegal, offensive, objectionable
or in breach of a third party's rights;
and |
| (b) |
if we are directed to do so by the
ABA under a takedown notice in accordance
with its obligations under the Broadcasting
Services Amendment (Online Services)
Act 1999 (as amended). |
5.6 You agree that you will have no claim against
Simple I.T. in respect of any action reasonably
taken by Simple I.T. in its implementation of
the terms of this Acceptable Use Policy, and
you indemnify Simple I.T. against any claim
by a User arising out of the same.
Simple Internet Technologies P/L 2003. |
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Brand Development 
Managed Website Hosting
