Omega International

1.Introduction - 2.Acceptance of these terms and conditions - 3.Commencement of the Agreement - 4.Service availability - 5.Registering a domain name - 6.Renewal of domain name registration - 7.Customers warranties, liabilities and undertakings - 8.Omega's Warranties and Liabilities - 9.Suspension and Termination of the Service - 10.Fees, charges and payments - 11.Archiving and backup your data - 12.The use of spam and virus filters - 13.The need to change to a new operating platform - 14.Ownership of server equipment - 15.Severability - 16.Assignment - 17.Changes to Terms - 18.Entire Agreement - 19.Governing Law - 20.Notifications & Communications
---------------------------------------------------------------------------------------------------

1. Introduction

1.2 This agreement outlines the terms and conditions that apply to any service you have signed up for with us ('the Services').

1.3 The Services you purchased are identified on the 'hosting & web design' pages on our site and the 'welcome' email we send you after we accept your request for service. The specifics of the Services are detailed on our website.

1.4 In addition to these terms and conditions you must also comply with our Privacy, Copyright and Disclaimer Policy

2. Acceptance of these terms and conditions

3. Commencement of the Agreement

4. Service availability

4.2 We will use our best endeavours to provide continuing availability of the server fleet and the service but we cannot be liable for service interruptions or down time of the service.

4.3 We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the Service to be offline for more than 30 minutes we will post details of the scheduled maintenance at least 48 hours in advance of the maintenance. If we need to perform unscheduled maintenance that requires the Service to be offline for more than 30 minutes, we will post details of the event after the maintenance has been completed.

5. Registering a domain name

5.2 Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by you to us shall be non-refundable in any event.

5.3 We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

6. Renewal of domain name registration

6.2 You acknowledge that our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date.

6.3 If you close your account with us but do not transfer your domain name to another registrar, you agree that we may contact you after account closure to remind you of domain name renewals.

7. Customers warranties, liabilities and undertakings

7.2 You warrant that you will keep secure any passwords used with the Service and that you hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.

7.3 You further warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.

7.4 You undertake that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.

7.5 You also agree that you are solely responsible for dealing with persons who access your data and that you will not refer complaints or inquiries in relation to such access to us.

7.6 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.

8. Omega International's Warranties and Liabilities

8.2 We do not warrant that:
  * the Services provided under this agreement will be uninterrupted or error free;
  * the Services will meet your requirements, other than as expressly set out in this agreement; or
  * the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Omega International.

8.3 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.

8.4 We make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.

8.5 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

8.6 In no event will we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

8.7 In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to the Act, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:

  * the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
  * the repair of the goods or payment of the cost of having the goods repaired;
  * the supplying of the Services again; or
  * the payment of the cost of having the Services supplied again.

8.8 We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.

9. Suspension and Termination of the Service

9.2 From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.

9.3 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.

9.4 If you wish to terminate your account with us for any reason you may do so by giving us 30 days notice in writing. No refunds are available for monies paid in advance.

9.5 If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice. In this circumstance, we will refund any remaining unused credit on your account.

9.6 If your account is closed for whatever reason you must pay all outstanding charges immediately.

9.7 We are under no obligation to provide you with a copy of your data if we have suspended or terminated your access to the service for your breach. If we provide you with a copy of your data in such circumstances, we are entitled to charge a fee for service.

10. Fees, charges and payments

10.2 If you exceed our 24 Hour credit terms, you will be charged an $11.00 late payment fee.

10.3 Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted.

10.4 The provision of services is contingent upon our having received payment in full from you in respect of the Services we provide. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, at our discretion, to suspend the provision of Services to you.

10.5 If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 10% per annum, from the due date of the payment.

10.6 If you have chosen a yearly contract for your Service, your account will be automatically rolled over for a further yearly contract at the end of the term. You must give us notice before the end of the term if you wish to cancel or alter your Service. If you elect to pay your fees on a yearly basis, and fail to make payment within 24 Hours of invoice, you will not be entitled to receive any fee discount we may offer from time to time.

10.7 You consent to us obtaining a report from a credit reporting agency on your credit worthiness if you choose to pay by cheque, we prefer payment direct into our nominated account displayed at the bottom of our invoice.

10.8 No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to our breach of these terms and conditions or we exercise our rights under clause 9.5.

11. Archiving and backup your data

12. The use of spam and virus filters

13. The need to change to a new operating platform

13.2 We will advise you of such a change but we will not take any responsibility for web site failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.

14. Ownership of server equipment

15. Severability

16. Assignment

17. Changes to Terms

18. Entire Agreement

19. Governing Law

20. Notifications & Communications

Last Update: 24th February 2011 21.50

Introduction - To whom does the policy apply - Agreement by customers to comply with the AUP - The services covered by this policy - Omega International's responsibilities - What constitutes unacceptable use by customers - Breach of law - Obscene, defamatory, offensive, abusive - The rights of others - Prohibited and Restricted content - Protection of minors - Illegal business practices and gambling - Damage to property or people - SPAM - Omega International's service - Excessive Resource Usage - What we will do about unacceptable use - Complaints process - Liabilities and indemnities

Introduction

This policy outlines what we deem to be unacceptable use of services provided by Omega International ("we" and "our") to customers of Omega International ("you" and "your").

From time to time Omega International may update this policy. When we make amendments to this policy we will notify you of the change; after which you will be obliged to comply with the amended policy.

If you do not accept this version of the AUP or any future amendments you will need to immediately contact Omega International by Mail, Fax or Email (use drop down box for your querie) to notify us of the cancellation of your services, telephone calls will not be accepted.

To whom does the policy apply

The policy applies to the owners and operators of services provided by Omega International. It is also directed at users and customers who want to lodge a complaint about alleged breaches of the policy.

Any use of our services that contravenes the various Commonwealth and State laws that govern many aspects of Internet use is, by definition, unacceptable use. The owners and operators of websites hosted by us are strongly advised to familiarise themselves with these laws and to operate within them.

In addition, we impose additional restrictions on the use of our services to ensure that the system operates fairly for all customers and to safeguard our good name and reputation.

Agreement by customers to comply with the AUP

It is a condition of contract that all our customers comply with the terms of this AUP. Your decision to purchase any Omega International service signifies your acceptance of the terms of this AUP.

The services covered by this policy

This policy covers all services hosted by Omega International and the Omega International network in general.

If we provide you with access to a network outside our network you are responsible for complying with the AUP for that network.

Omega International's responsibilities

Omega International will take reasonable measures to ensure that the owners and operators of the services we host will comply with this AUP.

We reserve the right to monitor your compliance by any means and to take action if we deem it necessary. We will also act on any complaint from a user or another Omega International customer and will cooperate fully with law enforcement agencies if required.

What constitutes unacceptable use by customers

You must not use our service, attempt to use the service, or allow the service to be used in any way that:

Breach of law
  * results in you or Omega International breaching, or being involved in a breach of law, order or regulation;

Obscene, defamatory, offensive, abusive
  * sends, displays, accesses, makes available, publishes, or distributes or otherwise is involved in material that a reasonable person would consider obscene, defamatory or offensive;

The rights of others infringes on any person's rights (including intellectual property rights and moral rights);
  * constitutes a misuse of any person's confidential information;
  * results in a breach by you of any obligation that you owe to any person;

Prohibited and Restricted content
  * sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material that is likely to be considered unsuitable for minors;
  * sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material which is classified RC or X by the Australian Classification Board;

Protection of minors
  * enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;

Illegal business practices and gambling
  * engages in any misleading or deceptive business or marketing practice;
  * involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

Damage to property or people
  * results, or could result, in damage to property or injury to any person;
  * harasses, menaces or stalks people;

SPAM
  * indiscriminately sends unsolicited, unwanted, or inappropriate messages, especially commercial advertising in mass quantities;
  * provides capability which permits third parties to send SPAM;
  * causes an adverse effect on any computer, network, or data belonging to any party;
  * accesss anyone else's systems, networks or data without consent, regardless of whether or not such access or use has any adverse effect on the system, network, or data;
  * creates, sends, or alters in any way the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;

Omega International's service
  * manipulates or bypasses Omega International's usage limits;
  * undertakes any activity which impedes Omega International's ability to provide its services;
  * unfairly damages the commercial well being or reputation of Omega International;

Excessive Resource Usage
  * would result in an excessive load being generated on Omega International's servers, network, or other resources; and
  * would create any undue burden on other Omega International customers or the service in general;

We reserve the right to decide whether any action constitutes unacceptable use and, to the extent the law allows, our decision will be final.

What we will do about unacceptable use

At its absolute discretion, Omega International reserves the right to suspend or terminate a customer's access to any or all services provided if Omega International forms the view that a customer has breached the terms of this AUP.

We will not automatically assume an allegation of unacceptable use against you is proven until we assess the facts or a law enforcement agency or other relevant government authority requires us to act immediately. Nevertheless, we reserve the right to suspend or terminate your account without notice to you if the circumstances dictate that immediate action is required. In other circumstances we will follow the process outlined in the next section.

Complaints process

Complaints by users or customers should be sent to Abuse Choose the drop down box and select

If the complaint is an allegation that you have not complied with the law we may, subject to legal advice, have to either inform the complainant that they can refer their concern to the relevant government authority or that we will do so. If the complaint is not clearly covered by a law we will initiate the following process:

  (a) If the complaint is about content:
  * We will record the detail of the complaint and discuss it with you in an attempt to resolve the issues to the satisfaction of the complainant.
  * If that is unsuccessful we will give your contact details to the complainant so that the issues can be discussed directly with you (we will comply with our Privacy Policy in this regard).
  * If that is unsuccessful we will advise the complainant of their right to lodge a formal complaint with the Australian Broadcasting Authority.
  * Depending on the outcome of the process to this point, we reserve the right to make a final decision (which may involve suspension or termination of your service) that will bind you as the customer.

  (b) If the complaint is about service interference:
  * We will investigate the allegations and attempt to resolve the matter. If our service is seriously compromised we may choose to suspend your service immediately pending an investigation.
  * Our decision in regards to service interference will be final. It may involve suspension or termination of your service.

Liabilities and indemnities

We will not be liable for any loss of benefit you might incur if we suspend or terminate your account under the terms of this AUP where:
  * you have breached the terms of this AUP;
  * we are required to do so by law;
  * we are directed to do so by the ABA under a takedown notice in
    accordance with its obligations under the Broadcasting Services
    Amendment (Online Services) Act in 1999 (as amended).
  * we acted reasonably in exceptional circumstances; or
  * we are not able to reach a mutually acceptable outcome.

You agree to indemnify Omega International against any claim a user or another customer might make as a result of any loss of benefit or damages they incur as a result of a breach of this AUP.

Last Update: 24th February 2011 21.50