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| The use of services from ESI
Marketing and Distribution Solutions (ABN: 35 789 697 662)
[hereafter referred to as "ESIMDS"] constitutes agreement to
these below terms. |
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1.) Account Setup / Email on file |
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
If there is ever an abuse issue or we need to contact you, the
primary email address on file will be used for this purpose. It
is your responsibility to ensure the email address on file is
current or up to date at all times. Providing false contact
information of any kind may result in the termination of your
account. In dedicated server purchases or high risk
transactions, it will be necessary to provide government and/or
state issued identification and possibly a scan of the credit
card used for the purchase. If you fail to meet these
requirements, the order may be considered fraudulent in nature
and be denied.
Transfers
Our transfers team will make every effort to help you move your
site to us, this will require you to provide information that
will be requested however, we can not make guarantees of the transfer
process. We provide this as a courtesy service and can not make
guarantees regarding its availability or the amount of time it
may take as each host is configured a little differently. We
will try our best, however, in some cases we may be unable to
assist you in a transfer of data from an old host. |
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| 2.) Content |
All services provided by
ESIMDS may only be used for lawful purposes.
The laws of the State of Victoria and the Common Wealth of
Australia apply.
The customer agrees to indemnify and hold harmless
ESIMDS from
any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark
is prohibited. This includes but is not limited to unauthorized
copying of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise of a
trademark holder will result in the immediate termination of
your account. If you believe that your copyright or trademark is
being infringed upon, please email abuse@esimds.com.au with the
information required. A list of required information may be
found here. If the request is of a licensing issue, we may
require further documentation. |
| Examples of
unacceptable material: |
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- Hack programs and archives
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| 3.) Zero Tolerance Spam Policy |
| We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double
option" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
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| We reserve the right
to request required changes or disable as necessary any web
site, account, database, or other component that does not comply
with this policy, at our sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion. |
| We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of
ESIMDS. |
| 4.) Payment Information |
| You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that unless you notify
ESIMDS
of your desire to cancel any or all services received, those
services will be billed on a recurring basis. We reserve the
right to change monthly payment amounts and any other charges at
anytime. |
| 5.) Backups and Data Loss |
| Your use of the
Backup service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers. |
| 6.) Cancellation, Refunds
and Money back Guarantee |
| We reserve the right to cancel the account at any time. Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on
web hosting. Only first-time accounts are eligible for a refund
within the first 30 days of use. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. |
| 7.) Resource Usage |
| Users may not initiate the following: |
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a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. |
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b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. |
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c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. |
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d) Run any software that interfaces with an IRC (Internet Relay Chat) network. |
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e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc |
| 8.) Bandwidth Usage |
| You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to
notify you and if necessary suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
If you are using less then 10% of your monthly bandwidth
allowance, we reserve the right to reduce it by 50% to allow
efficiency of data transfers for all accounts. Unused transfer in one month cannot be carried over to the next month. |
| 9.) Price
and Plan Changes |
| The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time. |
| 10.) Indemnification |
| Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from
ESIMDS. |
| 11.) Disclaimer |
| Users of our
services agree
ESIMDS
will not be held responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
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| 12.) Changes to the Terms Of Service |
| We reserve the right to revise its policies at any time without notice.
All changes may be sent to email account on file. |
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MDS
