Web hosting and Domain Names - Terms of Service

Terms of Service

AustraWeb Digital Media ("AustraWeb") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of AustraWeb Service constitutes acceptance and agreement to AustraWeb's TOS (Terms of Service). All provisions of this agreement are subject to the TOS (Terms of Service) of AustraWeb. This Agreement shall be construed in all respects in accordance with the laws of the state of NSW, country of Australia applicable to contracts enforceable in that state.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of AustraWeb and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that AustraWeb shall not be liable for any damages arising from such causes beyond the direct and exclusive control of AustraWeb. Subscriber further acknowledges that AustraWeb's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall AustraWeb be liable for any special or consequential damages, loss or injury.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer (default allowances are 2500MB and 500MB respectively, unless otherwise agreed). If you find you are using more bandwidth than expected, we will review your account and suggest upgrading your service in the most viable and cost effective way.

AustraWeb takes no responsibility for any material input by others and not posted to the AustraWeb Network by AustraWeb. AustraWeb is not responsible for the content of any other websites linked to the AustraWeb Network; links are provided as Internet navigation tools only. AustraWeb disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

AustraWeb is not responsible for any damages your business may suffer. AustraWeb does not make implied or written warranties for any of our web hosting services. AustraWeb denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by AustraWeb.

The customer agrees that any services provided are not continuous or faultless or error free and that interruptions, delays, faults, degradations and outages to services may occur from time to time. For example interruptions may occur due to maintenance of software or hardware, outages also may be the result of hardware or software failure or external network failures, etc.

The customer will not hold AustraWeb responsible or liable for any interruption or delays or degradation to services

It is absolutely forbidden to host pornographic and/or any illegal content on AustraWeb server. Servers found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as AustraWeb's customer, are solely responsible for the content stored on and served by your AustraWeb server.

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

AustraWeb may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships AustraWeb has established with certain commercial vendors ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by AustraWeb and not by the Third Party Vendor. Neither AustraWeb nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from AustraWeb or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither AustraWeb nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and AustraWeb with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

AustraWeb reserves the right to alter these TOS at any time without prior notice.