The Client covenants and agrees to abide by the Terms and Conditions, as specified here, in addition to all future revisions, and changes in pricing policies, that are publicly posted on the Providers web site(s). Due to the ever-changing nature of the WWW, the Client fully understands the responsibility of keeping themselves abreast of changes in the Terms and Conditions. The Provider will make every effort to ensure the Client is made aware of any changes to these Terms and Conditions by way of email.

The Client agrees not to use the facilities and/or capabilities of the Provider to solicit the performance of any activity that is prohibited by law. The Client agrees not to upload, transmit, or post copyrighted material, including trademarks or protected material to our servers. The Client also agrees to keep their site free of any illegal content including, but not limited to, child pornography and pirated software. The Client acknowledges that services for a domain containing any illegal content may be suspended or cancelled without notice, without qualifying for a refund.

The Client agrees not to use the facilities and/or capabilities of the Provider for the distribution of UCE (unsolicited commercial e-mail), commonly known as "spam". All reported instances of UCE will be fully investigated and all substantiated breaches of this Condition will incur a charge of AU$50.00 per incident. The Client acknowledges that services for a domain breaching this Conditions may be suspended or cancelled without notice, without qualifying for a refund.

Unauthorized Access of the servers is strictly prohibited. The Client agrees not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking". The Client agrees to indemnify and hold harmless the Provider for any liability arising from the use of their service.

You are responsible for your username and password. Please secure them carefully. Do not give them out to anyone that you do not trust or do not know. Any damage to the server will be your responsibility. We reserve the right to request access to any secured or membership area established on your domain for the purpose of routinely checking the content stored on our servers.

Non-acceptable content on the Provider's servers:
MP3 files without prior permission
Hackers programs or archives
Pirated software
Warez Sites
Pornographic Sites
IRC Bots

Provider reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by Provider within 28 days. If cancellation is caused by Clients violation of these Terms, no refund will be payable.

Provider does not allow clients to install their own chat rooms, unless provision is made for such within the Client's control panel or otherwise supplied by the Provider. Provider currently does not allow IRC or IRC bots to be operated on our servers. Client is allowed to install cgi applications. Provider reserves the right to disable any program or script that may effect normal server operations. Client is requested not to leave copies of emails on mailservers, as these may be deleted. On our budget plans, this is quite often beyond the Providers control. The Client acknowledges that limits on the size of emails and mailboxes may be imposed.

The Client agrees to indemnify and hold harmless the Provider from any claims and expenses, including attorneys fees, related to their violation of this Terms and Conditions contract, applicable laws or unauthorised use of any software or other content.

The Client understands that the Provider will take drastic measures to protect itself from any legal or civil litigation including, but not limited to, removing the Clients web sites from its servers for any reason deemed appropriate by the Provider.

The Provider bills on a monthly, quarterly, 1/2 year, or yearly cycle, depending on what option and plan has been selected via the various brands of hosting operated by the Provider. The Client acknowledges that the Provider may seek to secure a deposit against an account, in particular one which consumes large amounts of bandwidth, in advance of and/or in between renewal dates. If payment is not posted to the Clients account on the due date the Clients service is subject to suspension or termination without notice. A Reconnection Fee of AU$50.00 applies to any domain being reinstated past the date of suspension or cancellation. The Client also agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% compounded per annum, and that costs of collection, including Court costs and reasonable legal fees shall be added as principal amounts to such balance.

For credit card customers, you will be charged the appropriate amount at the beginning of your account's billing period. For cheque/money order customers, Provider must receive your cheque/money order by the beginning of your billing period. NOTE: Provider charges an $AU50.00 fee for returned checks. For international customers, if you are sending a check/money order the amount must be drawn in Australian dollars. If you have to update your billing information or wish to change your payment method please e-mail our Billing Department at billing@hosture.com.

Any request for cancellation must be received in writing via e-mail, regular mail or fax. Cancellations over the telephone are not accepted. Clients who have purchased a quarterly, 1/2 yearly or yearly plan for hosting, and wish to cancel their account before the end of their term, must notify the Provider prior to the first day of the second half of the term. No refunds will be given once the second half of the contracted term has begun. If this condition has been met, the Provider will refund an amount equal to one half of the contracted amount less any reasonable fees and data charges. No refund will be payable for less than 1 month of unused hosting. Payment will be made by way of a mutually convenient method within 28 days.

The Provider will take all necessary precautions to protect against failure of our equipment and software. The Client acknowledges and agrees that temporary interruptions in service may occur, and that the Provider shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the web servers.

The Client acknowledges and agrees that data may be lost or corrupted in connection with use of the service. The Provider may perform regular back-ups of all data stored on behalf of the Client, but shall have no liability to Client in the event all data is lost or destroyed. The Client acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service.

The Age of Consent for legally binding contracts is generally 18 years of age. The Provider will not knowingly accept subscription to its services from minors, and the Client acknowledges that they are of the Age of Consent.

The client acknowledges that the Provider may invoke Digital Signature technology in order to bind the contract between the Client and the Provider. The Client acknowledges that the Provider will attempt to overturn any fraudulent chargebacks issued against services rendered by all available means, and that the Provider will seek to recover all legal and administrative costs associated with successfully opposing such chargebacks.

In the event that the Client has not complied with the any part of the Terms and Conditions contract or breaches the contract via nonpayment of specified charges, the Provider reserves the right to hold any and all Client equipment, alter access to the service, or to terminate the service, without notice to, or authority from the Client. Provider may subsequently charge the customer and may refuse any refund due to the Client.

In the case of "Force Majeure" (as defined below), the Provider will notify the Client at the earliest opportunity of the circumstances. "Force Majeure" will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of "Force Majeure".

"Force Majeure" means any event or thing outside Hosture's reasonable control, which directly or indirectly causes Hosture becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to:
(a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun;
(b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties;
(c) action or inaction by a government entity or agency; or
(d) the unrelated action or inaction of a third party which is beyond Hosture's reasonable control, which causes a delay or ultimately a failure to perform Hosture's obligations under this Agreement.

The parties agree that this agreement shall be governed by and be interpreted according to the laws of the Commonwealth of Australia, and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the State of Queensland, Australia.

Hosture
TERMS AND CONDITIONS
Last revised: 7th June 2002