This Agreement explains our obligations to
you, and explains your obligations to us for various services
offered by bizhound. When you use your account or permit someone
else to use it to purchase or otherwise acquire access to
additional bizhound service(s) or products or to cancel your bizhound
services (even if we were not notified of such authorization),
this Agreement covers such service or actions.
1. Term of Agreement; Modification. You
agree that bizhound may modify this Agreement and the services it
offers to You from time to time. You agree to be bound by any
changes bizhound may reasonably make to this Agreement when such
changes are made. If You have purchased services or products from bizhound,
the term of this Agreement shall continue in full force and effect
as long as You take advantage of and use the products or services.
2. Accurate Information. You agree to
maintain accurate information by providing updates to bizhound, as
needed, while You are using bizhound's products and services. You
agree You will notify bizhound within five (5) business days when
any change of the information You provided as part of the
application and/or registration process changes. Failure by You,
for whatever reason, to respond within five (5) business days to
any inquiries made by bizhound to determine the validity of
information provided by You will constitute a material breach of
this Agreement. If You provide any information that is inaccurate,
not current, false, misleading or incomplete, or if bizhound has
reasonable grounds to suspect that Your information is inaccurate,
not current, false, misleading or incomplete, bizhound has the
absolute right, in its sole discretion, to terminate its Services
and close Your account.
3. Privacy. You can view bizhound's Privacy
Policy, which is incorporated herein by reference, as it is
applicable to all bizhound products and services. The Privacy
Policy sets out Your rights and bizhound's responsibilities with
regard to Your personal information. bizhound will not use Your
information in any way inconsistent with the purposes and
limitations provided in the Privacy Policy.
4. Prohibited Activities:
- You agree not to engage in unacceptable
use of any of bizhound products and/or services, which
includes, without limitation, use of bizhound products and/or
services to: (i) disseminate or transmit unsolicited messages,
chain letters, unsolicited commercial email or unreasonably
large volumes of email on a daily basis, provided, bizhound,
in its sole discretion, may permit You, if You have a
legitimate purpose and after written request, to send more
email than bizhound's standard SMTP relay limit; (ii)
disseminate or transmit any material that, to a reasonable
person may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening or
malicious; (iii) disseminate or transmit files, graphics,
software or other material, data or work that actually or
potentially infringes the copyright, trademark, patent, trade
secret or other intellectual property right of any person;
(iv) create a false identity or to otherwise attempt to
mislead any person as to the identity, source or origin of any
communication; (v) export, re-export or permit downloading of
any message or content in violation of any export or import
law, regulation or restriction of Australia and its
agencies or authorities, or without all required approvals,
licenses and/or exemptions; (vi) interfere, disrupt or attempt
to gain unauthorized access to any computer system, server,
network or account for which You do not have authorisation to
access or at a level exceeding Your authorisation; (vii)
disseminate or transmit any virus, trojan horse or other
malicious, harmful or disabling data, work, code or program;
(viii) engage in any other activity deemed by bizhound to be
in conflict with the spirit or intent of this Agreement or any
bizhound policy; or (ix) use Your server as an "open
relay" or similar purposes. This includes but is not
limited to pirated software, hacking programs or archives,
warez and mp3 sites and IRC bots. bizhound is the sole arbiter
as to what constitutes a violation of this provision.
- Violations of system or network security
are prohibited, and may result in criminal and civil
liability. Examples include, but are not limited to the
following: unauthorized 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, 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 a newsgroup posting.
- It is a violation for anyone to employ
posts or programs which consume excessive CPU time or storage
space; permits the use of mail services, mail forwarding
capabilities, POP accounts, or auto responders other than for
the user's own account; or resell access to CGI scripts
installed on our servers. bizhound prohibits the running of a
public recursive DNS service on any bizhound server. All
recursive DNS servers must be secured to allow only internet
network access or a limited set of IP addresses. bizhound
actively scans for the presence of public DNS services and
reserves the right to remove any servers from the network that
violate this restriction.
- You are responsible for ensuring that
there is no excessive overloading of bizhound's or COVE's DNS system or
servers. In the event that You exceed Your allotted bandwidth
and thereby overload bizhound's DNS or servers, You shall be
assessed any and all fees, costs and penalties associated with
such overloading. You may not use bizhound's servers and Your
Server Account as a source, intermediary, reply to address, or
destination address for mail bombs, Internet packet flooding,
packet corruption, denial of service, or other abusive
activities. Server hacking or other perpetration of security
breaches is prohibited and bizhound reserves the right to
immediately remove sites that contain information about
hacking or links to such information. Use of your server
account as an anonymous gateway is prohibited, as is Your use
of bizhound products and/or services to restrict or inhibit
any other user from using and enjoying the Internet. You
acknowledge and agree that bizhound has the right to remove
Your server content temporarily or permanently from its
dedicated servers if bizhound is the recipient of activities
that threaten the stability of its network.
5. Storage and Security. bizhound will
perform routine backups every (7) days to reduce the chance of
loss of data in case of hardware or software failure. It is
understood by the customer that failures can and do occur and that
COVE performs disaster recovery backups of all data although no
information can be guaranteed 100%. bizhound will store data
physically away from the servers in case of total failure. Any
service downtime where not a fault of bizhound will be attempted
to be resolved as soon as possible by blizhound through their host
supplier. All possible measures will be taken by bizhound to
restore services in the event of downtime.
6. Non-exclusive License. If You have
licensed software from bizhound, bizhound grants You a limited,
non-exclusive, nontransferable and non-assignable license to use
the software for such purposes as are ordinary and customary.
You agree to not alter or modify the
software. You agree You are not authorized to combine the software
with any other software program, create derivative works based
upon the software, nor are You authorized to integrate any plug-in
or enhancement which uses or relies upon the software. You further
agree not to reverse engineer, decompile or otherwise attempt to
uncover the source code.
bizhound reserves all rights to the software provided. The software and any
copies You are authorized to make are the intellectual property of
bizhound. The source code and its organization are the exclusive
property of bizhound and the software is protected by copyright
law. Except as expressly provided for in this section, this
Agreement does not grant You any rights in the software and all
rights are reserved by bizhound.
Any such software and services are provided to You "as
is" without warranty of any kind either express or implied,
including but not limited to the implied warranties or conditions
of merchantability or fitness for a particular purpose.
7. bizhound Account. bizhound will host an
account for You corresponding with the purchased, leased or
provided domain name(s) and for the period of time corresponding
with the payment plan chosen by You. The contract will
automatically renew at the end of The Term unless otherwise
specified by You. Once the account cancellation request is
received and we process the request as per the account holders
consent, the agreement between You and bizhound is officially
terminated. We reserve the right to remove the account from the
web server at any time thereafter. bizhound will NOT host the site
for any time period left once the cancellation request has been
received and processed. It is Your responsibility to make sure
that You and Your respective clients have access to all their
files and relevant data before initiating the cancellation
request. bizhound shall not be responsible for any loss of data
once the account recurring billing has been cancelled.
8. Legal Purposes. The web hosting and
reseller hosting account and/or related electronic services can
only be used for legal purposes under all applicable
international, federal, provincial, and municipal laws. The intent
of bizhound is to provide space to serve web documents, not as an
off- site storage area for electronic files and is governed by our
Disk Usage Provision, set out in Section 10 of the Acceptable Use
Policy. Violations of these or any other provisions of this
Agreement may result in termination of the services provided by bizhound,
with or without the grant of a notice or cure period, such notice
or cure period to be granted at the sole discretion of bizhound
based upon the severity of the violation. bizhound reserves the
right to refuse service if any of the content within, or any links
from, the Account Holder's website is deemed illegal, misleading,
or obscene, or is otherwise in breach of bizhound's then current
Acceptable Use Policy, in the sole and absolute opinion of bizhound.
9. Rates and Prices. You acknowledge that
the nature of the service furnished and the rates and charges have
been communicated to You. You are aware that bizhound reserves the
right to change the specified rates and charges from time to time.
10. Account Use. You agree to follow
generally accepted rules of "Netiquette" when sending
e-mail messages or posting to newsgroups. You are responsible for
security of your password. bizhound will not change passwords to
any account without proof of identification, which is satisfactory
to bizhound, which may include written authorisation with
signature. In the event of any partnership break-up, divorce or
other legal problems that includes You, You understand that bizhound
will remain neutral and may put the account on hold until the
situation has been resolved. Under no circumstances will bizhound
be liable for any losses incurred by You during this time of
determination of ownership, or otherwise. The You agree to
indemnify and hold harmless bizhound from any and all claims
arising from such ownership disputes.
11. Safe Use. You agree not to harm bizhound,
its reputation, computer systems, programming and/or other persons
using bizhound.com's services. bizhound.com reserves the right to
select the server for Account Holder's website for best
performance. You understand that the services provided by bizhound
are provided on a shared server. In order to keep our servers
running at optimal levels, any sites running a process that
requires more than 8MB of memory, more than 30 CPU seconds, or
uses more than 10% of all available system resources at any time
will be required to move up to an Intense Hosting or dedicated
solution, or to be hosted elsewhere. This upgrade may result in an
automatic upgrade to a higher-level pricing plan corresponding
with the elevated use requirements. Alternatively, bizhound
reserves the right to suspend services on that specific account
until the higher usage may be accommodated. A failure by You to
agree to and comply with the terms of this provision may result in
the termination of the services provided to You without any
refunds of the unused prepaid portion of the fees.
12. Third Party Content. If You elect to
sell or resell advertising or web space to a third party then You
will be responsible for the contents of that advertising and the
actions of that third party. bizhound has the absolute right to
reject any advertising or other third party content that is
illegal, offensive or otherwise in breach of the then current bizhound
policy or agreement. Such content may result in the suspension or
in the immediate termination of Your account. You are responsible
for monitoring all domain transfers, renewal and orders. In the
event that an error occurs the account holder must notify bizhound
immediately of the error. In no event shall bizhound.com be liable
to the Account Holder for any damages resulting from or related to
any failure or delay of domain registration, transfer or renewal.
13. Domain Lease. The domain name is
registered under your name, owned by you, is your property, and is managed by bizhound on Your behalf. bizhound may substitute the client's information
into the whois database upon client request.
14. Fees, Payment and Refund. As
consideration for the products and/or services purchased by You
and provided to You by bizhound, You agree to pay bizhound at the
time You order. All fees are due immediately and are
non-refundable unless otherwise expressly noted, even if Your
services are suspended, terminated, or transferred prior to the
end of the term of service. bizhound expressly reserves the right
to modify pricing through email notification and/or notice on its
website.
You may receive a refund if Your account is cancelled within the
initial 30 days after sign up. If the account holder cancels after
the time period specified, there will be no refund given. We will
deduct flat 6% administrative fee before initiating the refund.
Refunds do NOT apply to dedicated servers, dedicated IP addresses,
SSL certificates or domain registration related fees.
15. Billing. If You signed up for a monthly
payment plan, Your monthly billing date will be determined based
on the day of the month You purchase the products or services. If
that date falls after the 28th of the month, then Your billing
date will be the 28th of each month. If You signed up for an
annual (or longer) payment plan, and You elected the automatic
renewal option, bizhound will automatically renew Your services
when they come up for renewal and will take payment in accordance
with the designated payment method at bizhound's then current
rates.
If for any reason bizhound is unable to charge Your account for
the full amount owed bizhound for the products and/or services
provided, or if bizhound is charged a penalty for any fee it
previously charged to You, You agree that bizhound may pursue all
available remedies in order to obtain payment. If You pay by
credit card and if for any reason bizhound is unable to charge
Your credit card with the full amount of the services provided, or
if bizhound is charged back for any fee it previously charged to
the credit card You provided, You agree that bizhound may pursue
all available remedies in order to obtain payment. You agree that
among the remedies bizhound may pursue in order to effect payment,
shall include but will not be limited to, immediate cancellation
without notice to You of any domain names or products and/or
services registered or renewed on Your behalf. bizhound reserves
the right to charge a reasonable administrative fee for
administrative tasks outside the scope of its regular services,
including additional costs that it may incur in providing the
services and pass these costs along to You.
17. While all purchases are processed in
Australian (AUS) dollars, bizhound may provide an estimated conversion price to
currencies other than AUS dollars. You acknowledge and agree that
the pricing displayed during the checkout process is an estimate.
Due to potential slight time delays between actual purchase and
the payment settlement, the actual price charged may fluctuate.
Accordingly, bizhound makes no representations or warranties that
the actual price will be the same or substantially similar to the
actual price You will pay and You waive any and all claims based
upon any discrepancy between the estimate and the actual price. In
addition, you may be charged VAT, based on the country indicated
in Your billing address section. Any amounts to be charged will
appear during the checkout process.
18. Limitation of Liability; Waiver and
Release. The services offered by bizhound are being provided on an
"AS IS" and bizhound expressly disclaims any and all
warranties, whether express or implied, including without
limitation any implied warranties of merchantability or fitness
for a particular purpose, to the fullest extent permitted or
authorized by law. Without limitation of the foregoing, bizhound
expressly does not warrant that the bizhound products and/or
services will meet Your requirements, function as intended, or
that the use of the provided services will be uninterrupted or
error free. In no event shall bizhound be liable for any or all
direct, indirect, incidental, special, exemplary or consequential
damages (including, but not limited to, procurement of substitute
goods or services; loss of use, data, or profits; or business
interruption) however caused and on any theory of liability,
whether in contract, strict liability, or tort (including, but not
limited to, negligence or otherwise) arising in any way out of the
use of the services, even if bizhound is aware of or has been
advised of the possibility of such damages.
19. Indemnification. Accordingly, You for
Yourself and all of Your heirs, personal representatives,
predecessors, successors and assigns, hereby fully release,
remise, and forever discharge bizhound and all affiliates of bizhound,
and all officers, agents, employees, and representatives of bizhound,
and all of their heirs, personal representatives, predecessors,
successors and assigns, for, from and against any and all claims,
liens, demands, causes of action, controversies, offsets,
obligations, losses, damages and liabilities of every kind and
character whatsoever, including, but not limited to, any action
omission, misrepresentation or other basis of liability founded
either in tort or contract and the duties arising thereunder,
whether known or unknown, relating to or arising out of, or in any
way connected with or resulting from, the products and services
and Your acquisition and use thereof, including, but not limited
to, the provision of the bizhound products and/or services by bizhound
and its agents and employees. Further, You agree to defend,
indemnify and hold bizhound harmless from any loss, liability,
damages or expense, including reasonable attorneys' fees, arising
out of any breach of any representation or warranty provided
herein, any negligence or willful misconduct by You, or any
allegation that Your account infringes a third person's copyright,
trademark or proprietary or intellectual property right, or
misappropriates a third person's trade secrets. This
indemnification is in addition to any indemnification required of
You elsewhere. Should bizhound be notified of a pending legal
case,
or receive notice of the filing of a law suit, bizhound may seek a
written confirmation from You concerning Your obligation to
defend, indemnify bizhound. Your failure to provide such a
confirmation may be considered a breach of this agreement. You
agree that bizhound shall have the right to participate in the
defense of any such claim through counsel of its own choosing. You
agree to notify bizhound of any such claim promptly in writing and
to allow bizhound to control the proceedings. You agree to
cooperate fully with bizhound during such proceedings.
20. Termination. You agree that You will be
responsible for notifying bizhoundshould You desire to terminate
Your use of bizhound's Services. Notification of Your intent to
terminate must be provided to bizhound no earlier than 10 days
prior to Your billing date but no later than three days prior to
Your billing date.
21. Notices. You agree that any notices
required to be given under this Agreement by us to you will be
deemed to have been given if delivered in accordance with the
account and/or domain name WHOIS information you have provided.
22. Legal Age. You attest that you are of
legal age to enter into this Agreement.
23. Final Agreement. This Agreement,
together with all modifications, constitute the complete and
exclusive agreement between you and us, and supersede and govern
all prior proposals, agreements, or other communications. This
Agreement may not be amended or modified by you except by means of
a written document signed by both you and an authorized
representative of us.
24. No Agency Relationship. Nothing
contained in this Agreement shall be construed as creating any
agency, partnership, or other form of joint enterprise between the
parties hereto. Each party shall ensure that the foregoing persons
shall not represent to the contrary, either expressly, implicitly,
by appearance or otherwise.
25. Waiver. The failure of us to require
your performance of any provision hereof shall not affect the full
right to require such performance at any time thereafter; nor
shall the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself.
26. Enforceability. In the event that any
provision of this Agreement shall be unenforceable or invalid
under any applicable law or be so held by applicable court
decision, such unenforceability or invalidity shall not render
this Agreement unenforceable or invalid as a whole. We will amend
or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, our original
objectives and intent as reflected in the original provision.
27. Assignment and Resale. Except as
otherwise set forth herein, your rights under this Agreement are
not assignable or transferable. Any attempt by your creditors to
obtain an interest in your rights under this Agreement, whether by
attachment, levy, garnishment or otherwise, renders this Agreement
voidable at our option. You agree not to reproduce, duplicate,
copy, sell, resell or otherwise exploit for any commercial
purposes any of the Services (or portion thereof) without bizhound's
prior express written consent.
28. Force Majeure. Neither party shall be
deemed in default hereunder, nor shall it hold the other party
responsible for, any cessation, interruption or delay in the
performance of its obligations hereunder due to causes beyond its
control including, but not limited to: earthquake; flood; fire;
storm; natural disaster; act of God; war; terrorism; armed
conflict; labor strike; lockout; boycott; supplier failures,
shortages, breaches, or delays; or any law, order regulation,
direction, action or request of the government, including any
federal, state and local governments having or claiming
jurisdiction over bizhound, or of any department, agency,
commission, bureau, corporation or other instrumentality of any
federal, state, or local government, or of any civil or military
authority; or any other cause or circumstance, whether of a
similar or dissimilar nature to the foregoing, beyond the
reasonable control of the affected party, provided that the party
relying upon this section (i) shall have given the other party
written notice thereof promptly and, in any event, within five (5)
days of discovery thereof and (ii) shall take all steps reasonably
necessary under the circumstances to mitigate the effects of the
force majeure event upon which such notice is based; provided
further, that in the event a force majeure event described in this
Section extends for a period in excess of thirty (30) days in the
aggregate, bizhound may immediately terminate this Agreement.
29. Headings. The section headings appearing
in this Agreement are inserted only as a matter of convenience and
in no way define, limit, construe or describe the scope or extent
of such section or in any way affect such section.
We keep things simple but not stupid!
For more information send an email to mail@bizhound.com.au |
