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Hosting Terms and Conditions
DP Computing
sales@dpcomputing.com.au
www.dpcomputing.com.au
Phone: 08 8326 4364 Fax: 08 8382 3785
PO Box 712, Noarlunga Centre SA 5168
By ordering our services you are agreeing to be bound by our terms
and conditions below.
We want to provide our customers with the best possible service
and to do so, we have to set forth some guidelines for everyone
to follow. Even if you place your order by phone, you are bound
by these terms and conditions. These terms and conditions override
any email, chat session, or contact of any kind with any personnel
from DP Computing. This Registration Agreement ("Agreement")
also sets forth the terms and conditions of your use of DP Computing
to register a domain name on the Internet. This Agreement will
become effective when accepted by DP Computing.
Content.
All services provided by DP Computing may be used for lawful purposes
only. Transmission, storage, or presentation of any information,
data or material in violation of any Australian Federal or State
law is prohibited. This includes, but is not limited to: copyrighted
material, trademark, intellectual property, material we judge
to be threatening or obscene, or material protected by trade secret
and other statute without proper authorization.
The subscriber agrees to indemnify and hold harmless DP Computing
from any claims resulting from the use of the service which damages
the subscriber or any other party. Pornography and sex-related
merchandising and material is prohibited on all sites hosted by
DP Computing. This includes sites that may infer sexual content,
or links to adult content elsewhere. If you host non-adult related
content with us and then host adult related sites somewhere else,
this is also prohibited and we can not allow someone to host on
our server that would host pornography elsewhere. If we find out
that you are hosting adult material elsewhere, we will be forced
to remove your site (even if it does not have adult material on
it) from our servers because we feel that it would be just a matter
of time before you would either try to put that on our servers
or place a link to it. DP Computing will be the sole arbiter in
determining violations of this provision. If pornography is found
on our server, the offending domain will be deleted immediately
with no warning. Also prohibited are sites that promote any illegal
activity or present content that may be damaging to DP Computing
servers or any other server on the Internet. Links to such materials
are also prohibited. Examples of unacceptable content or links:
Pirated software Hacker programs or archives Warez sites. DP Computing
will be the sole arbiter as to what constitutes a violation of
this provision. E-mail Spamming, or the sending of unsolicited
e-mail or message board posts including, without limitation, commercial
advertising and informational announcements, from our server(s)
or using an e-mail address or domain that is maintained on a DP
Computing machine as reference in that spam is STRICTLY prohibited.
Domains and sites are subject to being cancelled immediately off
of our server as well as fined no less than $1000 US. A user shall
not use another site's mail server to relay mail without the express
permission of the site. The above listing is not complete by any
means. DP Computing decides what is offending and we want everyone
to abide by those rules. DP Computing has the complete right to
ask anyone to leave for any offending reason at our discretion.
At DP Computing discretion, access to DP Computing server (and
your account) may be revoked at any time for abusive conduct on
the system and/or the Internet and its resources as a whole.
Hosting Packages.
We reserve the right to change the packages that we offer in any
way without prior notice. We normally will send out an announcement
when we change things but we reserve the right not to.
Chargebacks / Credit Card disputes.
If you dispute the credit card charge that we charge for our services,
we reserve the right to bring your web site/domain down as soon
as we are informed of it. We are hurt by chargebacks. You may
not understand what it does to a business when there are undeserved
chargebacks on the record, so please contact us to talk over a
credit card charge if you feel that there is a mistake before
you contact the credit card company.
Accounts.
You agree to pay your accounts within 7 days of issue date. Failure
to do so may result in your web site and domain being brought
down until you pay any outstanding accounts in full.
Domain Registration.
1. Fees. As consideration for the domain name registration services
provided by DP Computing, you shall pay all applicable initial
registration fees and renewal fees. We register your new domain
through an ICANN approved registrar and you agree to pay us the
applicable fees per year for the total of the years that you use
the domain. You will be notified when renewal fees are due or
if you have a hosting package with us, your account will be automatically
debited, and it shall be your responsibility to ensure that such
fees are paid. If you do not respond or pay within the specified
time period for registrations or renewals or if you have the charges
reversed on your credit card after ordering the domain (even though
you ordered it), the ownership of the domain will transfer to
DP Computing and will not be available for purchase. You agree
that DP Computing shall have no liability whatsoever with respect
to any such cancellation, and that DP Computing may cancel or
reassign the domain name in the event of any delinquency or abuse
of these terms. We reserve the right to refuse any domain registration
request at our discretion. All domain registration fees are non-refundable.
Once the domain is ordered, we cannot get your money back if you
change your mind. To complete the registration process, you must
read and agree to be bound by all terms and conditions of this
Agreement, the accompanying fee schedule and dispute policy, and
any rules or policies that are or may be published by DP Computing.
You acknowledge that DP Computing may modify this Agreement if
necessary to comply with its Agreement with the registrar and
ICANN, or for any other business purpose.
2. Dispute Policy. In applying for a domain name, you warrant
that the registration is not made in bad faith and that the name
does not conflict with another domain name. You also agree that
in the event a domain name dispute arises with any third party,
you will indemnify, defend and hold DP Computing harmless.
3. Use of Your Information. As part of the registration process,
you are required to provide certain information and to update
this information to keep it current, complete and accurate. This
information includes (i) your full name, postal address, e-mail
address, voice telephone number, and fax number if available;
(ii) the name of an authorized person for contact purposes in
the case of a registrant that is an organization, association,
or corporation; (iii) the IP addresses of the primary nameserver
and any secondary nameservers for the domain name; (iv) the corresponding
names of those nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and fax number if available
of the technical contact for the domain name; (vi) the full name,
postal address, e-mail address, voice telephone number, and fax
number if available of the administrative contact for the domain
name; (vii) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the zone contact for the
domain name; and (viii) any remark concerning the registered domain
name that should appear in the Whois data. You acknowledge that
providing inaccurate information or failing to update information
promptly will constitute a material breach of this Agreement and
will be a basis for cancellation of your domain name and hosting.
If you license use of a domain name to a third party, you remain
responsible for providing your own full contact information and
for providing and updating accurate technical, administrative,
and zone contact information. You acknowledge that DP Computing
will make some of the information that you provide during the
registration process publicly available as required by ICANN.
Additionally, you acknowledge that ICANN may impose guidelines,
limits and/or requirements that relate to the amount and type
of information that DP Computing may or must make available to
the public or to private entities. DP Computing will not otherwise
disclose your information to any third party unless it is required
to maintain your domain name. You may request a copy of your information
in DP Computing possession to review, modify or update such information.
4. Use Policies. DP Computing reserves the right to suspend or
cancel your domain name in the event that you use the domain name
to send unsolicited commercial advertisements in contradiction
to either applicable laws or customary acceptable usage policies
of the Internet, or if you use your domain name in connection
with unlawful activity. You may not transfer your domain to another
registrar within sixty (60) days of obtaining the domain name
through us.
5. Representations and Warranties. You represent and warrant
that all information provided by you in connection with your registration
is complete and accurate. DP Computing makes no representation
or warranties of any kind in connection with this Agreement. DP
Computing does not represent or warrant that registration of your
domain name will immunize you from challenges to your domain name.
6. Breach and Revocation. Any breach by you of this Agreement
or the Dispute Policy must be remedied by you within 30 days of
notice by DP Computing. If you fail to cure the breach, DP Computing
may revoke your registration of the domain name. You also agree
that DP Computing shall have the right in its sole discretion
to revoke, suspend, transfer or otherwise modify a domain name
registration upon seven (7) calendar days prior written notice,
or at such time as DP Computing receives a properly authenticated
order from a court of competent jurisdiction, or arbitration award,
re-querying the revocation, suspension, transfer or modification
of the domain name registration. Nothing contained in this Policy
shall be construed as creating any agency, partnership, or other
form of joint enterprise between the parties. The failure of DP
Computing to require your performance of any provision hereof
shall not affect the right to require such performance thereafter;
nor shall the waiver by DP Computing of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
Agents.
Client understands, acknowledges and agrees that by using
the domain on or any service of DP Computing, client ratifies
and is bound by this Agreement even if an agent (such as a webmaster,
ISP, or employee) entered into this Agreement on Registrant's
behalf, and even if Registrant has not itself read this Agreement.
Further, Registrant is responsible for all information submitted
by its agent. DP Computing will not cancel this Agreement, or
refund any fees paid to it, because of errors or omissions of
the agent in the registration process (e.g., if such agent provides
incorrect information) or because of errors or omissions in changes
to Registrant's client information, without Registrant's actual
consent, as such apparent authority will suffice to bind Registrant.
By acting on Registrant's behalf, such agent represents and warrants
to Registrant and DP Computing that the agent is authorized to
bind Registrant hereto and that it has fully and thoroughly advised
Registrant of the terms and conditions of this Agreement. You
agree that if you license the use of your domain name to a third
party, you remain the domain name holder, and remain responsible
for all obligations under this Agreement. System and Network Security
Violations of the DP Computing system or network security are
prohibited, and may result in criminal and civil liability. DP
Computing will investigate incidents involving such violations
and may involve and will cooperate with law enforcement if a criminal
violation is suspected. Examples of system or network security
violations include, but not limited to, the following: Unauthorized
access to or use of data, systems or networks, including any attempt
to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without express
authorization of the owner of the system or network. Unauthorized
monitoring of data or traffic on any system or network without
express authorization of the owner of the system or network. Interference
with service to any user including, but not limited to, mailbombing,
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. DP Computing
reserves the right to report illegal activities to any and all
regulatory, administrative, and/or governmental authorities for
prosecution.
IRC.
We currently do not allow IRC or IRC bots to be operated on our
servers.
Age.
The client must be 18 years of age to obtain our hosting services.
Server Abuse.
Any attempt to undermine or cause harm to a server, or customer,
of DP Computing is strictly prohibited. Newsgroups Posting the
same or similar message to one or more news groups (excessive
cross-posting or multiple-posting, also known as "SPAM")
is explicitly prohibited.
WebCams Transfer monsters. We do not allow webcams because they
really take tons of transfer and unless you are willing to help
us pay for the extra bandwidth, please don't use them. If you
must use one and want to help pay for the extra bandwidth please
contact us to discuss it first.
Transfer
We reserve the right to ask you to move your domain or upgrade
to another server option that suits your needs if your site takes
up more than a fair share of the server resources (over 10%).
This can include excessive use of cgi resources, system resources,
or excessive use of bandwidth. One way to help is to not allow
people to link to your graphics or sound files. That can add up
fast and take up your bandwidth before you know it. All hosting
accounts have bandwidth limits, but the load on the server from
various applications and cgi processes can also cause big problems
and we will address that if needed. There will not be any surprise
bills, but we will ask you to remedy this problem and if it is
not possible for you to do that, you will be expected to upgrade
or move.
IP numbers
DP Computing maintains control and any ownership of any and all
I.P. numbers and addresses that may be assigned to the client
and reserves in its sole discretion the right to change or remove
any and all IP numbers and addresses. (you retain the ownership
of your domain name and all material owned by you contained in
your site, though)
Indemnity
You agree to defend, indemnify and hold harmless DP Computing
and any applicable domain name registry, and the directors, officers,
employees and agents of each of them, for any loss, damages or
costs, including reasonable attorneys' fees, resulting from any
third party claim, action, or demand related to your domain name
or the use thereof. This indemnification is in addition to any
indemnification required under the Dispute Policy. We do not own
your domain name nor do we want to (unless you do not pay for
it and we have to transfer the ownership to us - see the section
on domain registration above) and we do not claim ownership of
your content. It is completely yours. All content on your web
site is considered a publication of yours and we are not to be
held responsible for anything you present on the web through your
domain in any way.
Limitation of Liability - Domain Registration
YOU AGREE THAT DP COMPUTING AND/OR OUR AGENTS WILL NOT BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO
(a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF
YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
DP COMPUTING/NAMEBARGAIN REGISTRATION SYSTEM; (d) THE NON-DELIVERY
OR MISDELIVERY OF DATA BETWEEN YOU AND DP COMPUTING; (e) EVENTS
BEYOND DP COMPUTING CONTROL; (f) THE PROCESSING OF THIS APPLICATION;
(g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED
WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO
PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE
POLICY. FURTHER, DP COMPUTING WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DP COMPUTING
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL DP COMPUTING’S MAXIMUM LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU TO DP COMPUTING FOR REGISTRATION OF YOUR DOMAIN
NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE
DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT
PERMITTED BY LAW
Limitation of Liability - Hosting
DP Computing shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise
from DP Computing servers going off-line or being unavailable
for any reason whatsoever. Further, DP Computing shall not be
responsible for any claimed damages, including incidental or consequential
damages, resulting from the corruption or deletion of any web
site from one of DP Computing servers. All damages shall be limited
to the immediate termination of your service. DP Computing will
not be held responsible for any problems that a reseller's customer
may have. We will always do our best to keep things running smoothly
and to ensure that your web experience is the best. We disclaim
any and all loss or liability resulting from, but not limited
to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data
mis-delivery;
(3) loss or liability resulting from acts of God;
(4) loss or liability resulting from the unauthorized use or misuse
of your Account Number, Password or security authentication;
(5) loss or liability resulting from errors, omissions, or misstatements
in any and all information or service(s) provided under this agreement;
(6) loss or liability relating to the deletion of or failure to
store e-mail messages;
(7) loss or liability resulting from the development or interruption
of your Web site;
(8) loss or liability from your inability to use our mail service;
or
(9) loss or liability that you may incur in connection with our
processing of your application for our services, our processing
of any authorized modification to your domain name record or your
agents failure to pay any fees, including the initial registration
fee or reregistration fee.
Refusal of Service
DP Computing shall be the sole arbiter of what is and is not a
violation of these acceptable use policies.
DP Computing reserves the right to terminate any account at any
time and for any reason.
DP Computing reserves the right to delete all content and files
upon termination.
DP Computing reserves the right to withhold any pre-paid funds
for any site removed for violations of these policies.
DP Computing reserves the right to refuse, cancel, or suspend
service at our sole discretion.
In the event that any provision of this Agreement is deemed unenforceable
or invalid, such unenforceability or invalidity shall not affect
the remainder of this Agreement. DP Computing may amend or replace
such provision with one that is valid and enforceable and which
achieves, to the extent possible, the original objectives and
intent of DP Computing as reflected in the original provision.
This Agreement and all rights hereunder shall be governed by the
laws of the State of South Australia. Any action relating to this
Agreement or to your use of the DP Computing site shall be brought
exclusively in the courts of South Australia and Australia.
DP Computing reserves the right to change the Acceptable Use
Policy without prior notice or warning. Non-enforcement of any
part of the Acceptable Use Policy does not constitute consent.
This Agreement, the DP Computing fee schedule, the hosting terms
of use and the Dispute Policy, together with all amendments or
modifications to any of them, constitute the complete and exclusive
agreement between you and DP Computing, and supersede and govern
all prior proposals, agreements, or other communications. All
Sub-Networks and distributive hosting sites of DP Computing must
adhere to the above policies.
Complaints regarding Illegal Use or System or Network Security
issues and complaints regarding email abuse or SPAM should be
sent to abuse@dpcomputing.com.au. Failure to follow any term or
condition will be grounds for immediate shut down.
Billing by clicking the submit button button or agreeing to host
on our servers, you are hereby granting us permission to charge
your credit card number that you gave us at the intervals specified
or pay the invoice within 2 weeks of receipt that you will get
through email until you send us a cancellation notice 30 days
before the next billing date. You agree that you will pay the
amount indicated (whether by cheque or by credit card) on time
or we will be forced to suspend and eventually delete your domain
from our system. Non-payment will always end up with a domain
deletion. You will normally get billed monthly (or yearly according
to the plan you chose) on the anniversary date of signing up.
If you are having trouble paying your bill, please let us know.
Don't just stop communicating with us. I am sure that we can work
something out. By sending in your order, you agree to abide by
our terms and conditions and realize that there are domain fees
per year in addition to the hosting fees for that package you
choose.
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