Questions?
If you have any concerns
about the Terms of Service, please contact our help
desk for assistance.
Do you feel a Zanyspace Client has violated
the Terms of Service?
Please contact our help
desk with all the details relevant to your claim.
We will investigate all issues raised within 72 hours.
Special Requirements
Zanyspace, will consider on a case by case
basis, on application, the needs of a user for changes
to the Terms of Service applicable to their account.
If you require such an arrangment please contact the
help desk.
|
Terms
of Service effective July 1st 2003 |
This
Agreement, is made and entered by Zanyspace, ("Provider"),
and you, ("User"). Intending to be bound
in accordance with the terms hereof, the parties
agree as follows:
A.
Payment for Service
-
The User agrees to pay the charges identified on
the initial signup request.
-
Payments are due within 14 days after the end of
your billing period, together with any additional
charges, costs or assessments made by the Provider
under the terms hereof.
-
The User agrees that payments not received within
14 days of the due date shall be considered late
and a service may be suspended, unless a prior agreement
is made between the User and the Provider.
-
The User agrees that payments not received within
31 days of the due date shall be considered in default
and service shall be terminated. Your data will
be deleted and unrecoverable, unless a prior agreement
is made between the User and the Provider.
-
The user agrees the Money Back Guarantee applies
for 21 days after your initial sign-up.
-
You are free to cancel the unused portion of your
account or service at any time. Unless stated otherwise,
you will receive a credit to your account for the
pro-rota amount.
-
To withdraw money from your account, a US$2 administration
fee will apply. Withdrawn amounts will be forwarded
to the Users Pay Pal account or if that is not possible
will be posted in the form of an Australian Bank
Cheque, in Australian Dollars equivalent to the
amount owed less the administration fee to your
billing address.
-
Other Refunds will be made at the sole discretion
of the Provider.
- Please
refer to the Quick Guide (http://www.zanyspace.com/quickguide)
for complete details on the billing system.
B. Trial Hosting Accounts
- The
User agrees that a trial hosting account lasts for
7 days.
-
If they wish to continue with Zanyspace, they are
required to set up a billing profile in the Control
Panel, in order to make a payment.
-
If the customer has 14 days after the conclusion
of the trial before there data will be deleted and
unrecoverable, unless a prior agreement is made
between the User and the Provider.
C.
Use of Service
-
The User agrees to maintain its site in a manner
consistent with any and all applicable laws, regulations,
acceptable uses and standards in effect, or which
become in effect, during the term hereof.
- The
User agrees to practice common courtesy in its use
of the site, and to refrain from using any distribution
lists for electronic mail or other techniques for
unsolicited mass mailing.
-
The User agrees to keep their contact email address
with Provider current at all times, and agrees Provider
has no liability for lost or undelivered email messages
concerning the status or payment due for User's
account.
-
The User agrees no notices for account status or
invoices will be sent via postal mail or telephone,
unless initited by Provider as required by law to
collect payment.
-
If the User turns off e-mail invoicing, they understand,
it will be their responsibility to keep their account
in credit.
-
If a User fails to respond to an e-mail from the
Provider within 21 days, their account may be suspended
at the Providers discretion.
D.
Service Disclaimers
-
Provider will take all steps reasonable, necessary
and prudent to protect against failure of its equipment
and software.
-
The User acknowledges and agrees that temporary
interruptions in service may occur, and that Provider
shall have no liability to User for any claim, cost,
charge, loss or expense arising from or relating
to use of the website.
-
The User acknowledges and agrees that data may be
lost or corrupted in connection with use of the
website.
-
The User is responsible for the backing up of all
data stored on Provider's equipment.
-
Provider is not responsible for loss to User's data.
-
Provider reserves the right to alter the access
procedure and its vendor relations without notice
to, or authority from the User.
-
Provider reserves the right to change prices and/or
account features without prior notice.
E.
Term and Termination
-
This agreement shall have an initial term of equal
to your billing period, from the date of execution
hereof, unless otherwise specified by sign up request.
- Upon
expiration of such term, this agreement shall automatically
renew for successive equivalent periods, unless
notice is given by either party of its intent to
terminate the agreement, at least one week prior
to the scheduled termination date.
-
All terms and conditions of this agreement shall
be in full force and effect during all original
and renewal periods hereunder.
-
If the User does not notify Provider of cancellation
request at least 7 days in advance of date of execution,
the User will be responsible for the payment due
for the next equivalent period.
-
Provider reserves the right to terminate this agreement,
and to delete the website from its hardware, immediately
upon the occurrence of any of the following events:
-
Non payment of any charges due from User.
-
Breach of any term or condition of this agreement
by User.
-
Commencement of any lawsuit or proceeding against
User arising from or relating to its use of
the website, whether or not such suit names
Provider as a party or seeks and recovery from
Provider.
F.
Revision to the Terms of Service
- The
Provider will constantly review the terms of service
and accept feedback from users.
- Any
changes to the terms of service, will be sent to
an users contact e-mail address, 14 days prior to
the changes becoming into effect.
- If
a user, disagrees with any changes, they will need
to lodge an objection prior to the date the revision
becomes effective. The provider will take all steps
possible to reach an aggreement, and if the User
and Provider can't reach an agrreement within 14
days, the User can either accept the revised Terms
and Conditions or can cancel their account for a
pro-rota refund in line with Part A of this agreement.
- The
Provider reserves the right in unforeseen circumstances
for changes to become effective immediately
- The
Provider will keep all versions of the policy publicly
accessible on our web site.
G.
Indemnification of Provider/Relationship of Parties
-
The User agrees to indemnify and hold Provider harmless
from any lawsuit, claim, charge, or expense, including
reasonable attorney fees and costs of defence, for
any matter arising from or relating to User's website
provided hereunder.
-
Nothing contained herein shall be deemed to create
a relationship between the Provider and User in
the nature of a partnership, joint venture, editor/publisher
or otherwise. Both parties acknowledge and agree
that Provider has no interaction with the data or
substance of User's website, except as necessary
to maintain the website.
- The
User agrees to indemnify and hold Provider harmless
from any lawsuit, claim, charge, or expense, including
reasonable attorney fees and costs of defense, for
any matter arising from or relating to Provider's
use of any domain name received in lieu of payment.
H. Security/Software
-
The User agrees to take all steps reasonable, necessary,
and prudent to protect User's Login and password.
-
The User agrees not to attempt to undermine or cause
harm to any server or customer of Provider.
-
The User acknowledges that Provider cannot provide
technical support for any software and/or script
that the User installs, other than variable name
changes.
I.
Content
-
The Provider believes in freedom of speech. As long
as the User's content does not break any Federal,
State, or local laws it will be allowed to exist
on the User's website.
-
The User is responsible for any content they place
on their web site, or any content they allow via
anonymous ftp.
-
Although the Provider will never sell the personal
information of the User, the Provider will fully
cooperate will all law enforcement if a User has
suspected of having broken Federal, State, or local
law.
-
The Provider reserves the right to remove any page(s)
or other data at any time.
- We
don't allow any conduct that violates regulations,
or normally accepted practices within the Internet
community, whether or not expressly mentioned in
this Terms of Service. We reserve the right at any
time to disallow activities that might in any way
damage Zanyspace's reputation.
J.
Commercial Advertising - Email
-
Spamming (the sending of unsolicited email or messages)
is STRICTLY prohibited.
-
User will have their account disabled for one day
and will be billed a $250.00 cleanup fee for the
first violation of this policy. User will have their
account terminated and will be billed a $600.00
cleanup fee for the second violation of this policy.
- None
of the following will be tolerated and are considered
a violation of above spam policy:
-
The sending of any unsolicited email mentioning
an email address for any domain hosted by the
Provider.
-
The sending of any unsolicited email mentioning
a domain hosted by the Provider.
-
The sending of any unsolicited email mentioning
an IP address hosted by the Provider.
-
The posting of references to adult sites to
non-adult newsgroups.
-
The posting of advertisements on IRC, ICQ, or
any other public chat system.
-
The cross-posting of the same message to multiple
newsgroups.
-
Provider will be the sole arbiter as to what
constitutes a violation of this provision.
K.
Your Information
- The
Provider will not sell any of your information at
any time, including contact details.
- The
Provider will only seek information that is relevant
to your account and will only use it in relation
to the provision of the account.
L.
Scope of Agreement
This
agreement must be honoured by all sub domains and
dedicated servers of the Provider. Violation of any
terms or conditions is grounds for immediate account
deactivation, with no refunds given. We reserve the
right to remove any account without prior notice. |