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TERMS AND CONDITIONS

Domain Direct Australia shall provide its products and services to the customer under the following Terms And Conditions. The Terms And Conditions forms an agreement between the Domain Direct Australia and the customer. The Terms And Conditions is intended to protect both the integrity and liability of the Domain Direct Australia and the customer. The Terms And Conditions will be enforced to ensure the speed, power, performance, and reliability of our products and services.


The customer understands and agrees that any product or service is provided on an as-is basis and that Domain Direct Australia assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of the customer communications or personalisation settings.


HOSTING SERVICES

  • BANDWIDTH : Each hosting plan includes a certain amount of bandwidth. Additional bandwidth is available upon request. Contact Us for more information. Bandwidth must be paid for in advance or the hosting account may be suspended due to over-bandwidth usage and/or a fee may be applied as per the relevant hosting plan pricing schedule. We may also refer to bandwidth as transfer.
  • DOMAINS HOSTED : All hosting plans include domain hosting for at least one domain name. Each hosting plan has a limit of the amount of domain names that can be hosted. We may refer to this service as "aliases", "pointers" or "domains".
  • DISK SPACE : Additional disk space is available upon request and as per the relevant hosting plan pricing schedule. Payment is accepted only in advance. We may refer to this service as "disk space" or "storage".
  • IP ADDRESS : None of our standard hosting plans include an IP address. For some customers an IP address is important for implementing an SSL host and extra IP addresses are available upon request, as per the relevant hosting plan pricing schedule.
  • MYSQL : Is included in some hosting plans. Additional MySQL databases are available upon request as per the relevant hosting plan pricing schedule. Contact Us for more information.
  • SSH : Is not included in any hosting plan. If you have a need for SSH please Contact Us for more information.
  • PRICING : All prices on the web site are in $AUD (Australian Dolars). Some products and services can be purchased in other currencies and is indicative.
  • OTHER : Occasionally we implement additional features, please refer to the the feature information and relevant pricing schedules.


MONEY BACK GUARANTEEE

A money back guarantee is available. Refer to http://www.domaindirect.com.au/hosting/guarantee for further information.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of any product or service, you will not use the Domain Direct Australia's services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorised access to any of Domain Direct Australia's products or services, other accounts, computer systems or networks connected to any of the Domain Direct Australia's products or services, through hacking, password mining or any other means.


You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Domain Direct Australia.


Domain Direct Australia reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the its sole discretion.


THIRD PARTY

Any dealings with third parties (including advertisers) included within the Domain Direct Australia website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Domain Direct Australia shall not be responsible or liable for any part of any such dealings or promotions.


TERMINATION

You agree that Domain Direct Australia, in its sole discretion, may terminate your password, account (or any part thereof) or use of any product or service, and remove and discard any content if you violate these terms.


YOUR RESPONSIBILITIES

You are solely responsible for the content of your messages. Using any product or service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.


In consideration of your use of the any product or service, you agree to :

  • Provide true, accurate, current and complete information about yourself as prompted by any registration, application or signup form.
  • Maintain and promptly inform us to update any registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Domain Direct Australia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Domain Direct Australia has the right to suspend or terminate your account and refuse any and all current or future use of any product or service (or any portion thereof).
  • You will receive a password and account designation upon completing a registration, application or signup form. You are responsible for maintaining the confidentiality of any credentials, and are fully responsible for all activities that occur using those credentials. Some products and services will allow you to choose your own credentials.
  • Any customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following : Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
  • You agree not to publish any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.


Domain Direct Australia does NOT allow sites that provide any content, points of distribution, or 'links' to sites that :

  • Infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy.
  • Violate any law, statute, ordinance or regulation.
  • Are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene.
  • Contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Contain pirated or hacking / phreaking software (warez).
  • Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction.
  • Has Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.


SPAMMING IS PROHIBITED

Domain Direct Australia will determine in its sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to :

  • The bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients.
  • The sending of junk e-mail.
  • The use of distribution lists that include people who have not given specific permission to be included in such distribution process.
  • Posting commercial ads to USENET newsgroups that do not permit it.
  • Posting articles containing binary encoded data to a non-binary newsgroups.
  • Excessive and repeated posting off-topic messages to newsgroups.
  • Excessive and repeated cross-posting.
  • E-mail harassment of another internet customer or customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive.
  • The e-mailing of inappropriate communications or content to anyone under the age of 18.


COPYRIGHTS

Copyrighted material must not be published without the permission of the owner(s) or person(s) they specifically authorise. Only the owner(s) or such authorised person(s) may publish copyrighted material to the account.


Upon Domain Direct Australia's receipt of notice of a claimed copyright infringement containing the above information, after confirmation the Domain Direct Australia will promptly remove the allegedly infringing material from the product or service and carry out further procedures if necessary. Domain Direct Australia will have no liability to any customer for the removal of any such material.