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The term "Ezihosting"
refers to Ezi Hosting Pty Ltd (A.B.N - 47 097 040 849). The
"Customer " is any person who is authorised to use the
Account. The "account" means the Customer and the
Designated Customers right to use the service. The "agent"
refers to any external contractors that Ezi Hosting deems appropriate and
any conditions that they may imply.
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This agreement
commences on the date listed in the order form and continues until
expiry of the Term, or until earlier termination in accordance with
this agreement.
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All
payments to Ezi Hosting are processed via Ezi Hosting's web site and
payments processing system powered by Direct One (www.directone.com.au)
In most cases you will be invoiced via Ezi Hosting Pty Ltd
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Ezi Hosting
will provide the
Customer with a user name and password which will allow the Customer
to access their Web site and control panel account.
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The Customer must pay
to Ezi Hosting the Web Hosting Fee and Domain Registration or Delegation
Fee in advance of Ezi Hosting registering the Customers Domain name and
hosting the web site.
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If the Customer agrees
to carry the Ezi Hosting logo then the logo must appear on all of the
following pages: index.htm; index.html; index.cgi; default.htm;
default.html.
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The Customer undertakes
that all text and graphics and other items contained on the
Customers web site will be either the property of the Customer or
appropriate permission to use the material has been obtained from
the owners of the copyright. All data uploaded to
the web site under this agreement will not expose Ezi Hosting to the risk
of any claim, legal or administrative action or prosecution.
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Ezi Hosting
reserves the
right, where specific server programs such as Microsoft FrontPage
are offered, to run programs on the platform of its choice.
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Customers are not
authorised to use Ezi Hosting or its agents server machines for any
purpose other than hosting web sites.
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The Customer agrees not
to use use e-mail aliases that are created byEzi Hosting for generating
bulk (spam) e-mail.
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Ezi Hosting
accepts no
liability for e-mail messages that may not reach the intended
destination or are delayed.
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Ezi Hosting
accepts no
responsibility whatsoever for any material held on Ezi Hosting or its
agents servers or any information held or e-mail passing through Ezi Hosting's systems and / or servers, including original artwork
supplied for scanning and inclusion on their web site.
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Ezi Hosting
accepts no
liability whatsoever for damage due to information that is lost from
a Ezi Hosting Web site.
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Any reading of any
directories other than the users own home directory WILL result in
immediate cancellation of all accounts with Ezi Hosting and may result in
further legal action. (Ezi Hosting logs all user actions. These are not
normally examined except in the event of expected security breaches.
Any unauthorised activity discovered, even if not related to
security breach being investigated may result in cancellation of all
Ezi Hosting accounts.)
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Any attempt at hacking
machines, web sites, compromising passwords, logging into gateway or
router machines upon which user does not have permission or an
account will result in the immediate cancellation of all Ezi Hosting
Accounts and may result in further legal action.
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A Web Server is sold to
a particular company and that company may not resell space on that
Web Server without express permission from Ezi Hosting
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The Customer agrees
that it will keep secure any passwords used to upload data to the
Server.
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Ezi Hosting
reserves the
right (but is under no obligation) to "Remove from Internet
Access" any part of the Customer Data that, in Ezi Hosting's
opinion, infringes any of the terms set out in this agreement.
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The Customer is solely
responsible for dealing with persons who access the Customer Data,
and must not refer complaints or inquiries in relation to the
Customer Data to Ezi Hosting.
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Customer's data will be
archived onto backup mechanisms on a regular basis for the purposes
of disaster recover. In the event of equipment failure or data
corruption, Ezi Hosting will restore from the last known good archive.
Should all of Ezi Hosting's archives be corrupted , or in the event that
an old archive is used to restore data, the Customer should be
prepared to upload their data to their Web Site. This process
requires that the Customer maintains a recent copy of their data at
their premises at all times. There may be a fee charged for this
service of restoring a backup.
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Either party may
terminate this agreement by 30 days notice in writing (written or
fax) to the other party. If the Customer is in breach of this
agreement then no fees will be refunded. Ezi Hosting is under no
obligation to refund fees to Customers who for whatever reason
decide to terminate this agreement before it has ended.
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Ezi Hosting
reserves the
right to shutdown accounts at any time or delete information and
data stored in or about that account if payment is outstanding
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ACCOUNTS POLICY
.TERMS 7 days Nett on all invoices.
For accounts information please email ezihosting@ezihosting.com or
call us on 1800 112270 quoting your domain name and or Invoice #
We reserve the right to shut down any site without notice that is in
arrears more then 30 days payments. For our full Terms and
Conditions please go here
http://www.ezihosting.com/policy.htm
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Ezi Hosting does not send out
paper invoices via mail unless specifically requested. we send out
our invoices via email and it is the clients responsibility to
inform us of any changes in email contact details. When requested we
will send out a paper invoice or fax it but in keeping in line with
a Green policy email is our preferred option..
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On termination or
expiry of this agreement, Ezi Hosting may delete all Client Data from any
storage media
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A provision of, or a
right created under this agreement, may not be waived except in
writing signed by the party granting the waiver, or varied except in
writing signed by the parties
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The Client may not
assign its rights and obligations under this agreement without the
prior written consent of Ezi Hosting.
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Ezi Hosting, in its sole
discretion, reserves the right to refuse to approve a Web Site
application for any Customer. The Customer agrees that submission of
the Web Site Order does not obligate Ezi Hosting to accept the Customer's
site. The Customer agrees that Ezi Hosting or its agents shall not be
liable for loss or damage that may result from Ezi Hosting's refusal to
accept the Web Site application.
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Ezi Hosting
reserves the
right to change these terms and conditions.
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Domain name registrations will
only proceed to completion once full payment has been made and Ezi
Hosting will not be liable should an application in pending and not
paid is registered by another party in the meantime.whilist waiting
payment.
