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Australian Data Hosting Centre
Terms and Conditions
1. Definitions:
Us, we, ADHC, mean Australian Data Hosting Centre.
You, your, he, she, him, her, they, anyone, mean the customer.
Where terms of use are said to "include", or similar, it is to be understood that it means "these include but are
not limited to".
2. Pre Condition To Use:
Do not use this website unless you have read these
terms, and accept that they will govern your right to use and access our
website and all the documents, links and information contained on it.
If you choose to use ADHC’s website and download documents then
ADHC will regard that use as conclusive evidence of your agreement
and acceptance that these terms govern yours and ADHC’s rights
and obligations to each other.
3. Amendment of Terms:
ADHC reserves the right to change these terms and
conditions of use at any time and those changes shall take effect in respect
of all subsequent uses by you of the website. You should therefore check
these terms every time before you use the website and only if you accept
these terms should you proceed to access and use the documents on the
website.
4. Account Setup:
Australian Data Hosting Centre will setup your account after we have received payment and we or our payment
partner(s) have deemed the order(s) not to be fraudulent. It is your responsibility to provide us with an operating
email address, which is not of the domain(s) you are signing up under. Your account may not be created when using a
free email account, please be aware of this. Please allow up to 50 hours for reseller accounts, dedicated servers,
and VPS's.
5. Content:
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyright
material, material we judge to be threatening or obscene.
- Warez Sites
- Pirated Software
- Hate sites
- Illegal .MP3's
- Download sites
- Proxy websites
- Hack programs and archives
- Pornographic material as excluded by Australian law
- File hosting/storage (you are not allowed to use our space/bandwidth for storing files, hosting flies, etc.)
6. Limitation On ADHC’s Liability:
It is an essential pre-condition
to you using ADHC’s website that you agree and accept that ADHC
is not legally responsible for any loss or damage you might suffer related
to your use of the site, whether from errors or from omissions in our
documents or information or from any other use of the website. In short,
your use of the site is at your own risk.
7. Links To Other Websites:
ADHC has provided on its website links to
other websites and information on those websites for your convenience.
This does not necessarily imply sponsorship, endorsement, or approval
or arrangement between ADHC and the owners of those websites. ADHC
takes no responsibility for any of the content found on the linked websites.
ADHC’s website may contain information provided by third parties.
ADHC accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
8. Trade Practices Act:
For the purposes of Sections 68 and 69 of the
(i) the supplying to you of the services again; or
(ii) the payment of the costs of having the services supplied to you again.
9. Express Disclaimers:
To the fullest extent permitted by law, ADHC absolutely
disclaims all warranties, expressed or implied, including, but not limited
to, implied warranties of merchantability and fitness for any particular
purpose. ADHC gives no warranty that the documents will be free of
errors, or that defects will be corrected, or that ADHC’s website
or its server is free of viruses or any other harmful components. ADHC
does not warrant or make any representations regarding the use or the
result of the use of any document, link or information in its website
or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of ADHC to
bear any entire costs of servicing, repairs, or correction. The applicable
law in your state of territory may not permit these exclusions, particularly
the exclusions of some implied warranties. Some of the above may not apply
to you.
10. Business Consumers Only:
The website has been designed and created to meet
some of the needs of small to medium sized enterprises. It has not been
designed or created for domestic consumers.
11. Your Privacy:
ADHC respects the privacy and confidentiality of the
information provided by you and adheres to the national privacy principles
established pursuant to the Privacy Act 1988 (Commonwealth). Please read
our Privacy Policy carefully. You may change your details at any time
by accessing your information through your code key. All information ADHC
receives from its customers is protected by ADHC’s secure server.
ADHC’s secure server software encrypts all customer information
before it is sent to us. Furthermore, all of the customer data ADHC
collects is secured against unauthorised use or access. Credit card information
is not stored by us on our servers.
For full details see our Privacy Policy
12. Third Parties Can Not Use Your Information:
ADHC does not sell or
deal in personal or customer information. ADHC may however use in a
general sense without any reference to your name, your information to
create marketing statistics, identify user demands and to assist it in
meeting customer needs generally. ADHC may use the information that
you provide to improve its website and its services.
13. ADHC May Disclose:
ADHC may disclose information in good faith and
where ADHC is required to do so:-
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements; or
(iii) to protect the rights, property or safety of ADHC, its customers
or third parties.
14. Jurisdiction:
This agreement and this website are subject to the laws of Victoria and Australia. If there is a
dispute between you and ADHC that results in litigation then you submit to the jurisdiction of the
courts of Victoria and where at all possible the Victorian Civil and Administritive Tribunal.
15. Exclusion of Competitors:
If you are in the business of creating documents
for the purpose of providing them for a fee to users, whether they be
business users or domestic users then you are a competitor of ADHC.
ADHC expressly excludes and does not permit you to use or access its
website, to download any documents or information from its website or
obtain any such documents or information through a third party. If you
breach this term then ADHC will hold you fully responsible for any loss
that it might sustain and further holds you accountable for all profits
that you might make from such unpermitted and improper use. ADHC reserves
the right to exclude and not permit any person from using its website
or any of the documents and information contained on it.
16. Copyright And Restriction of Use:
You are only permitted as a customer
of ADHC to use the documents downloaded from its website for
the purposes of conducting your business. You are not permitted to reproduce
the documents, information or materials on the website for the purposes
of sale or the use by any third party. In particular you are not permitted
to republish, upload, transmit electronically or otherwise or distribute
any of the documents that you download from its website. You are
permitted to download a copy of the documents and retain them on computers
used in your business for any legitimate or proper purpose of conducting
your business. ADHC expressly reserves all copyright in its website
and in all documents and information on its website.
17. Trademarks and Restriction of Use:
You are not permitted to use any trade marks,
tradenames, graphics or designs that are on ADHC’s website. If
you breach ADHC’s trade marks then ADHC reserve the right to
take action against you.
18. Whole Agreement:
These terms and conditions, together with the Privacy
Policy, represent the whole agreement between you and ADHC concerning your use and access to
ADHC’s website and your use and access to the documents and information on it.
No other term is to be included in this agreement except where it is required to be included by
any legislation of the Commonwealth or any State or Territory. All implied terms except those
implied by statute and which can not be expressly excluded are hereby expressly excluded.
19. Exclusion of Unenforceable Terms:
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable
in any State or Territory then such a clause shall not apply in that State or Territory and shall
be deemed never to have been included in these terms and conditions in that State or Territory.
Such a clause if legal and enforceable in any other State or Territory shall continue to be fully
enforceable and part of this agreement in those other States and Territories. The deemed excision
of any term pursuant to this paragraph shall not affect or modify the full enforceability and
construction of the other clauses of these terms and conditions.