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erms and conditions
This Services Agreement (the "Agreement") contains
the complete terms and conditions which govern your subscription
of Web hosting, e-Commerce and other Internet-related services
provided by Random Technologies, (the "Services").
As used in this Agreement, "Random Technologies"
means random.com.au and "Client", "you",
or "your" means you. By clicking on the "Submit
Order" button, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all
policies posted on the Random Technologies site. As referred
to in this Agreement, "Site" refers to a World Wide
Web site and "Random Technologies Site" refers to
the Site located at the URL http://www.random.com.au,
or any other successor Sites owned or maintained by Random
Technologies.
1. APPROPRIATE USE OF THE SERVICES.
Random Technologies provides the Services exclusively and
makes no effort to edit, control, monitor or restrict the
content of data other than as necessary to provide such Services.
- Client Content. Client agrees
that it will not distribute, electronically transmit or
display any materials supplied by Client - or through Client
by a third party - to any Random Technologies server in
connection with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g.,
copyright, trademark, patent or other proprietary rights)
of Random Technologies or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or
promotes hate
- are hate propaganda or hate mongering, swearing, fraudulent material or activity
- violate any Random Technologies policy posted on
the Random Technologies Site including, but not limited
to, our Acceptable Use Policy
(includes Adult Content Policy), UCE
(SPAM) Policy, and CGI Abuse Policy.
- contain viruses or other computer programming defects
which result in damage to Random Technologies or any
third party.
- Bandwidth. Client may occupy
only the amount of disk space on the Random Technologies
Server and utilize no more than the network bandwidth that
is allotted by Random Technologies. Additional fees, specified
in the Virtual Host plans page, will be charged for exceeding
the disk space and/or network bandwidth allowance of your
selected plan.
- No "SPAM". Client
shall not use the Services for chain letters, junk mail,
spamming, or any use of distribution lists to any person
who has not given specific permission to be included in
such a process. Client also shall not engage in any unsolicited
email practices at Random Technologies, or otherwise, that
mentions or reference any domain hosted on Random Technologies
servers or parked on Random Technologies DNS servers. NOTE:
THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS
AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND
ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON
THE SERVER. (Violators will be fined! Refer to our UCE (SPAM)
Policy).
- Licensed Software Only. Client
agrees to use only properly licensed third party software
in connection with Client's use of the Services.
- Back-Up Files and Processing.
Client will have the ability to reinstate files which are
automatically archived by Random Technologies; however,
Random Technologies does not guarantee the existence, accuracy,
or regularity of its backup services on Virtual Servers
and, therefore, Client is responsible for making back-up
files in connection with its use of the Services. On Dedicated
Servers, we will install the backup script for our clients,
but the running of cron jobs and services is the responsibility
of the server owner. The backup script can be set up to
generate a daily email with results, to assist you in monitoring.
- Termination. Random Technologies
reserves the right to refuse service to anyone. Random Technologies,
in its sole discretion, may immediately terminate this Agreement
if Client engages in any of the foregoing. To report any
unacceptable behavior by a third party using the Services,
please contact abuse@random.com.au
2. PAYMENT OBLIGATIONS
- Service Fees. By the Tenth
(10th) of each month, Random Technologies shall either (i)
debit Client's credit card (where such information is provided
by Client) or (ii) deliver by e-mail an invoice to Client
in accordance with the applicable Services fees for services
rendered for the current month. Where an invoice is delivered
to Client, Client shall remit payment to Random Technologies
by no later than 10 days after the specified payment due
date. Random Technologies shall be entitled to immediately
terminate this Agreement for Client's failure to make timely
payments to Random Technologies. Certain services carry
a set-up fee charged by Random Technologies to Client that
must be paid by Client in order to have use of the Services.
If Client terminates this Agreement in accordance with Section
4 hereunder, Client shall be responsible for any outstanding
fees owed to Random Technologies and agrees to pay any and
all fees incurred by Client. Because the Services are provided
on a monthly basis, unless a contract is in place, Client
will be responsible for Service fees incurred each month
regardless of when Client provides notice of termination.
Thus, for example, if Client provides notice to terminate
on the 15th of a particular month, Client will still owe
fees for the entire month and such fees will not be pro-rated
or refunded. If Client has retained the Services for one
(1) year and has pre-paid Random Technologies for such Services,
refunds will be issued for any unused full month month portions
less one month of the Services upon Clients request. Therefore,
if Client's account is cancelled at any point during the
one (1) year term, Client will be entitled to a refund for
all but one of the full months remaining after notice given
by the 25th of the preceding month.
- Late payments. Any payment
not received within twenty (20) days of the invoice date,
will be assessed a late fee of one and one-half percent
(1 1/2%) per month or the highest rate allowed by applicable
law, whichever is lower, with minimum of a $5.00 fee. Customer
also shall pay to Random Technologies all expenses incurred
by Random Technologies in exercising any of its rights under
this Agreement or applicable law with respect to a Payment
Default or other breach by Customer, including, but not
limited to, reasonable attorneys' fees and the fees of any
collection agency retained by Random Technologies.
- Taxes. Customer will be responsible
for and will pay in full, any taxes and similar fees now
in force or enacted in the future imposed on the transaction
and/or the delivery of Services.
- Domain Names. If Client chooses
to register a domain name(s) through Random Technologies,
Client acknowledges and agrees that Client will pay a registration
fee(s) to register the domain name(s) with the applicable
domain name registrar. Random Technologies does not offer
refunds for domain name registrations for any reason, including
misspelling of the domain name.
- Refunds. Any Refund will be
given at the sole discreation of the company (Random Technologies).
3. CLIENT LIABILITY AND INDEMNIFICATION
- The parties agree that in no event shall Random Technologies
be liable to any third party for Client's breach or alleged
breach of any of the terms and conditions set forth in this
Agreement. Client agrees to defend, indemnify and hold harmless
Random Technologies from any and all expenses, losses, liabilities,
damages or third party claims resulting from Client's breach
or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
- Subject to the terms and conditions hereof, this Agreement
shall be effective on the date you register for the Services,
and shall continue in effect on a month-to-month basis unless
otherwise specified by separate agreement (the "Term")
unless terminated earlier pursuant to the provisions of
this Section 4. Either party will have the right to terminate
this Agreement upon notice to the other party. If Client
is terminating this Agreement, Client must follow instructions
for cancellation provided on the Server Cancellation Information
page. All cancellation requests must be received by the
25th of the respective month of cancellation. Any other
attempt by Client to cancel this Agreement by written or
e-mail notice shall be void. Sections 3 - 8 shall survive
termination or expiration of this Agreement.
- If Random Technologies suspends a virtual account for
non-payment, Client shall be allowed to re-instate Client's
use of the Services within Five (5) business days of cancellation
upon approval from Random Technologies and full payment
of balances due.
- If Random Technologies disconnects a Dedicated Server
or Colocation server for non-payment, the Client shall pay
a fee of Fifty Dollars ($50) prior to any re-instatement
of Client's server. Once payment has been received, Client's
account will be activated within Forty-Eight (48) business
hours. Random Technologies will maintain an archival copy
of Client's data files for (5) days after Random Technologies
disconnects the server.
- If a Client terminates their account, Random Technologies
will disable the server/account the day the client specifies
the account is cancelled. Random Technologies will not maintain
an archival copy of the Clients Web site or files. It is
the responsibility of the Client to remove any data off
the server prior to the date provided in their cancellation
notice.
5. TAXES
- Client will pay and indemnify and hold Random Technologies
harmless from any and all taxes associated with or arising
from Client's use of the Services, including any penalties
and interest and any costs associated with the collection
or withholding thereof.
6. DISCLAIMER OF WARRANTY
- THE SERVICES, THE Random Technologies SITE, INCLUDING
WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED
OR OFFERED ON THE Random Technologies SITE, AND ALL TEXT,
GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT
ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Random
Technologies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Random
Technologies SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS
WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE
SUFFICIENT.
7. LIMITATION OF LIABILITY
- IN NO EVENT SHALL Random Technologies BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Random
Technologies SITE OR ANY Random Technologies PRODUCTS OR
SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT
OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED
HEREUNDER. IN NO EVENT SHALL Random Technologies CUMULATIVE
LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS
($500 US).
8. MISCELLANEOUS
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