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MiroNet Web Hosting TERMS & CONDITIONS

These are the Standard Terms And Conditions of Supply of the MiroNet (hereby known as MIRONET) webhosting and other services offered from time to time on the MIRONET website at www.mironet.com.au ("the Service"). These terms apply to you as a user of the Service ("client" or "you"). Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions.

1. Terms And Amendment Procedure

1.1 These are the terms upon which we agree to provide the Service to the Client. The agreement made between us with these terms commences on the date your order for Services was accepted by MIRONET.

1.2 Please look out for any amendments to these Terms and Conditions that MIRONET ("we") might make in the future.

1.3 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by general notice on a page of the Internet referred to on the home page of our website at www.mironet.com.au. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.

1.4 If you use the Service after that publication, your use will constitute an acceptance of the amended terms.

1.5 These terms constitute the agreement in its entirety and supersede prior agreements.

1.6 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at MIRONET's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.

2. Service

2.1 We will assign the client a logon name and password which will provide you with access to the MIRONET Web Host Control Panel (which is used by you to configure various features of your Web Site/ Email Service). We will provide the client with Web and Email Services as per the Web Hosting service level you have selected in the online registration form.

2.2 Service Availability - We will endeavor to ensure maximum possible service, however from time to time, service may be loss due to maintenance or circumstances beyond our control. We will strive to keep these losses of service to a minimum.

2.3 Data Storage - While we will make every attempt to prevent data loss, we are not responsible for loss of client data. In the event of corruption of all data, you should be prepared to upload your data to your Web Site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out of date, corrupt or otherwise deficient Client Data.

2.4 The Service is provided by MIRONET from its datacentres. MIRONET will determine at its absolute discretion from time to time the datacentre location from which your Service is provided.

2.5 When a hosting plan refers to 'Data transfer', we mean data travelling from our servers to the enduser as in downloading or web browsing. If a plan refers to 'upstream traffic', we mean all data being uploaded to our servers, which includes DNS, email, and other data which occurs during normal web browsing.

2.6 In contracting with MIRONET for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by MIRONET to deliver the Service.

2.7 In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further Services you acquire from MIRONET.

2.8 All non shared hosting is provided on an unmanaged basis. Responsibility for maintenance, configuration and performance in these cases, falls on the client. MIRONET may offer support packages that can assist in the delivery of these services.

3. Payment

3.1 You must pay for the Service as notified to you by MIRONET in accordance with the prices in force for Services from time to time.

3.2 You must pay all Service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and in advance.

3.3 Prices published on our website are exclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.

3.4 In addition you must provide and pay for:- a. the installation and use of telephone lines and all other equipment needed to access the Service; and b. all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.

3.5 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account and signing the credit card authorisation form, you give us authorisation to debit your credit card for all charges. Billing period is on a monthly cycle beginning when you register. If you register after the 28th of each month, your billing date becomes the first of the next month.

3.6 You consent to us obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.

3.7 You agree that if you elect to receive a monthly invoice rather than use the auto-debit billing option you will be charged a monthly Account Keeping fee of $3.50. The fee is applicable to MIRONET customers on Basic, Advanced, Small Business, SME, and Corporate levels.

3.8 The Account Keeping fee will be charged per customer account identified with a unique domain name. If a customer has multiple accounts with MIRONET, the Account Keeping fee will be charged on each account for which monthly invoices are issued.

4. Warranties And Liabilities

4.1 We do not warrant that: a. the services provided under this agreement will be uninterrupted or error free; b. the services will meet your requirements, other than as expressly set out in this agreement or c. the Services will be free from external intruders (hackers) or other persons having unauthorised access to the services or systems of MIRONET.

4.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.

4.3 Except under clause 4.2, MIRONET will not be liable to the Client for: a. any loss or damage in respect of the provision of the Services, b. any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behavior of the Client, c. any costs, claims loss or damage arising from any information, data or other material provided to MIRONET by or on behalf of the Customer.

4.4 You warrant that: a. at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; b. you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person; c. you will keep secure any passwords used to upload data to the Server and d.you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.

4.5 You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal or defamatory. You also acknowledges that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.

4.6 You agree to abide by our Acceptable Use and Privacy policies which are located at URL http://www.mironet.com.au/terms/ and you agree that the terms of those two policies form part of this agreement between you and MIRONET.

4.7 You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.

4.8 Except as provided in clause 4.2. we are not liable to you or any other person for: a. any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; b. the content, context or confidentiality of any communications made using the Service; c. loss or damage caused by third party software applications forming part of the Service.

4.9 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from: a. your breach of these terms, b. your use or misuse of the Service and c. the use or misuse of the Service by any person using your account, d. publication of defamatory, offensive or otherwise unlawful material on any website forming part of your Service.

5. Suspension And Termination Of Service

5.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service: a. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavors to procure the resumption of the Services as soon as reasonably practicable; or b. if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

5.2 MIRONET may without notice to you remove, amend or alter your data upon being made aware of: a. any claim or allegation; or b. any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.

5.3 We may end our agreement with you and cease providing Services for any reason, on 30 days notice to you. You may close your account with MIRONET giving 30 days notice to MIRONET.

5.4 If your account is closed you must pay all outstanding charges immediately and we may delete all Client Data from any storage media.

6. Domain Names

6.1 If you have requested that MIRONET registers a .com, .net, .org, .biz or .info domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net, .org, .biz and .info domain names issued by the registrar Melbourne IT Limited located at URL: http://www.inww.com/policies/gtldtermcond.php3 and http://www.inww.com/policies/comaupolicy.php3
You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.

6.2 If you have requested that MIRONET register a .com.au domain name on your behalf, you agree that you have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited, located at URL http://www.inww.com/policies/comaupolicy.php3.

6.3 You agree that in the event of a dispute in registering a domain name or about a domain name after registration, Melbourne IT's Dispute Policy and the Dispute Policy procedures, and any variations to them from time to time bind MIRONET. You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective, constitutes your continued acceptance of these changes and modifications. You agree that in the event of a dispute you will submit to the jurisdiction of the courts as provided in the Dispute Policy. The Dispute Policy can be viewed at https://direct.inww.com/dispute.sthml. The Dispute Policy procedure can be viewed at https://direct.inww.com/udrp-rules.shtml.

6.4 You agree that you must pay for any registration or delegation charges imposed by Melbourne IT or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance.

6.5 MIRONET makes no representation and gives no warranty about your chosen domain name being available for registration or use by you.

6.6 You indemnify MIRONET against all claims arising out of your registration and use of your chosen domain name.

7. Miscellaneous

7.1 The client grants to MIRONET a license to use and reproduce all Client Data in order to fulfill its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Client's web sites or emails.

7.2 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.

7.3 The law in force in Victoria governs this agreement and the transactions contemplated by this agreement.

7.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.