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These terms and conditions are
designed to benefit and protect all clients. |
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Limitation of Liability
The client agrees to indemnify and hold Boomerang Web Design , its agents,
staff and any of its associates harmless from any claims resulting from
the use of the service. This includes, but not limited to, claims relating
to damage to the subscriber or any other party.
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Use of the servers
Clients should not attempt to access the sites of other clients and should
not attempt to hinder the operation of our servers in any way. We reserve
the right to refuse or cancel service to any client, at any time, without
warning. In particular, we attempt to ensure that no client uses an unfair
proportion of the systems resources, and that the servers are used only
for legal and appropriate purposes.
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Acceptable Content
The client's site must not contain material, or any link to material,
which is unlawful, pornographic, threatening, hateful, obscene or which
encourages unlawful behaviour. Boomerang Web Design has sole discretion
to determine whether a site's content is acceptable. Sites with unacceptable
content will be removed from the servers.
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Chat Rooms and IRC
Chat rooms tend to monopolise system resources. We therefore do not allow
clients to install their own chat rooms. IRC or IRC bots should not be
run on our servers.
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Resource-Intensive Programs
If you install and run a resource-intensive program on our servers, there
may be an additional monthly charge.
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Spam (Unsolicited Bulk Email)
Spamming, or sending unsolicited bulk email, from our servers is strictly
prohibited Additionally, you must not use an email address or domain name
which is hosted by Boomerang Web Design to send unsolicited bulk email.
If we decide that you have violated this condition, your account will
be deactivated immediately.
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No Mirroring
You must not use your site to mirror material on any other site without
our express written permission. This permission will usually be declined
unless the resources required are minimal.
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Prices and Payment
Prices are subject to change without notice. All accounts require monthly
prepayment. In order for a new account to be established, we must receive
the set up fee, and one month's hosting fees. As with the pricing schedule,
billing periods as well as billing requirements are subject to change
without notice.
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Use of Disk Space
Your disk space is for your own use only. You may not resell or give away
disk space to any third party without written permission from Boomerang
Web Design .
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Interruption of Service
We do not warrant that the webhosting service provided, or components
of the service, will be continuos and/or fault free. We will exercise
due care and skill in providing the service and service interruptions
will be compensated under our uptime guarantee, subject to the terms and
conditions of the guarantee. We are not responsible for any loss, damage,
injury or otherwise detriment resulting from our provision of the service
or the operation of our agreement. You accept that the uptime guarantee
provides adequate and suitable compensation for interruption of service.
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Database Size
The disk space used by your databases (combined total of your MySQL, flat-file
and other databases) should not exceed 50 Mb. If more than 50 Mb of disk
space is used for these databases, the amount over and above 50 Mb will
be charged at the usual excess disk space rates.
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Additional Domains
You may not use software, such as TrueVirtual, to point additional domain
names at your site. This includes subdomains (such as http://subdomain.yourdomain.com.au/)
as well as standard domains (http://www.yourdomain.com.au/). If you require
an additional domain name to be pointed at your site, please contact Tech
Support (support@boomerangweb.com.au)
regarding our domain name parking facility. A one-time setup fee is payable
for each additional domain name parked on your site
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Domain Name Registration
Boomerang Web Design takes no responsibility for unavailability of a domain
name. Clients must have the domain name before applying for web hosting.
Boomerang Web Design will act on web hosting applications under the assumption
that the domain name submitted has successfully been registered by the
client. Where this is not the case, and the client is subsequently unable
to obtain the domain name, the account will need to be removed and the
client will be liable for the set up fee, and web hosting charges incurred.
see http://www.icann.org/udrp/udrp-policy-24oct99.htm
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Unlimited Traffic
We offer unlimited traffic on our Power and Super accounts to give you
peace of mind. However, please note that the following types of sites
do not qualify for unlimited traffic: Sites containing archives or galleries
or offering files for download do not qualify for unlimited traffic unless
the file types involved (e.g. .jpg, .gif, .tar, .gz, .exe, .zip etc) make
up less than 20% of the site's total traffic; Sites which contain images,
CGI programs or similar content which are accessed from other sites. For
example, if you run a banner advertising program and the banner is stored
on your site and accessed by the sites displaying your banner then you
do not qualify for unlimited traffic; Sites utilising 'domain parking'
(more than one domain name points to your home page); Sites using more
than 5% of system resources; Sites which generate an unusually high amount
of traffic from images or other binary files (such as Java applets, mp3
and sound files). That is, if more than 20% of a site's traffic is from
images or other binary files, then that site will not qualify for unlimited
traffic. If your site does not qualify for unlimited traffic and if your
monthly traffic exceeds 1 Gigabyte then any traffic over and above 1 Gigabyte
will be charged at $5.00/100Mb for overseas customers and $5.50/100Mb
for Australian customers (inc GST). We have sole discretion to determine
whether and when these provisions apply.
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Technical Support
We will provide technical support relating to the operation of the server
and the use of the server's facilities, however we generally will not
provide support for problems with your CGI programs or HTML code. At our
discretion, we may provide such support, within reason.
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Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.
If you breach any of the above terms and conditions, we reserve the right
to deactivate your account immediately, and you will not recover your
unused fees
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These terms and conditions may change
at any time, and when this occurs the new terms and conditions take effect.
Changes to the terms and conditions will be placed on Boomerang Web Design
's Internet site.
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