The following definitions apply to these conditions:

"Agreement" means the agreement between You and the Company by which the Company permits You to use the services provided by the Company in exchange for the payment of the Charges according to these Terms and Conditions

"Application" means the electronic, paper or other form of application lodged by You with the Company requesting the Company provides services to You.

"Charges" means all charges due to the Company for the provision of services.

"Co-host" means to locate and connect to the Internet a Server or Servers owned or operated by You at facilities owned or operated by the Company.

"Co-hosted Server" means a server that is Co-Hosted by the Company.

"The Company" means DOMAIN HOST Pty Ltd (ACN 110 463 897) and its successors, subsiduaries and assigns.

"Domain" means a computer or a group of networked computers that share a common communications address.

"Download Limit" means the limit agreed between You and the Company above which further traffic incurs the Excessive Download fee.

"IP Address" means the specific network address of a computer on a network.

"Material" means any digital information capable of being sent or received via the Internet or other telecommunications networks. This includes (without limitation) text, images, audio, software, video, email or any other form of electronic information.

"Password" means the sequence of characters assigned to You by the Company to provide access to the Domain.

"Server" means any computer owned or hosted by the Company which holds material whether or not that material is available to users of the internet.

"Service" or "Services" means the service or services provided to You by the Company, including but not limited to domain hosting, domain name registration, and the co-hosting of Servers upon the Company's network and/or at the location owned or operated by the Company.

"Site" means the material that is placed either on a Server operated by the company, or alternatively contained in a Server owned or operated by You at the Company's premises.

"Site Volume" means the Material downloaded and uploaded from the Site

"Excessive Traffic Fee" is the fee per complete megabyte of additional material (including for avoidance of doubt both outgoing and incoming material) above the Download Limit.

"Unacceptable Material" means material that may be considered illegal, obscene, racist, extremist, threatening or damaging to any person.

"You" means the person named in the Application.

The Company agrees to provide You the services as set out in this these terms and conditions. These terms and conditions along with the Application form the whole of the terms and condition between the the Company and You. No oral warranties, statements, representations or promises will be taken to affect, alter, diminish or qualify any of the terms and conditions set out in this document.

In exchange for the payment of Charges the Company agrees to do all things reasonably necessary to give You access to a Domain for the interval set out in the Application for the purpose of allowing You to operate a Site from within that Domain or locate a Co-Hosted Server at the premises operated for that purpose by the company.

This Agreement continues for the period set out in the Application subject to an extension, variation or early termination as set out in this Agreement.

The Agreement will be automatically extended by subsequent term, each equivalent to the term set out in the Application unless either Party notifies the other at least one month before the end of the term.

The Company reserves the right to amend the terms, conditions and Charges that govern this Agreement at any time.

The Company will inform You of any amendments to the terms and conditions and Charges. The Company will inform You by contacting You using the contact details provided in your Application or other contact details as provided in writing by You.

Continuation of use of the service following any such change (duly notified to You) will constitute acceptance of the amendment of the terms and conditions and the Agreement.

Failure of the Company to take any action in relation to rights under this agreement does not constitute a waiver of those rights under this Agreement.

You agree to pay to the Company the following:

1. The Charges set out in the Application or as varied pursuant to these terms including the Excess Traffic fee set out in the Application or as varied pursuant to these terms, where the Download Limit is exceeded;
    
2. All GST associated with the supply set out in this agreement; and
    
3. The Charges are payable in respect of intervals of time as specified in the Application or as varied by agreement between You and the Company.

If You have nominated a credit card account (the "account") as the means of payment, You authorise the Company to:

1. debit the account to pay the Charges.
    
2. disclose your personal and financial details to a financial institution or credit card issuing company in order to verify your details, the validity of the card and the capacity to pay the Charges.

Any Charges which you dispute must be paid in full. If the Company accepts your grounds for the dispute, a credit may be issued at a later date at the Company's discretion.

All invoices must be paid within 7 days of presentation.

You agree that:

1. You have the right to store, distribute, transmit, sell, trade or exchange or otherwise make available any Material that you place, or cause to be placed, upon the Servers operated by the company, or upon Servers co-hosted by the Company; and
    
2. You are responsible for maintaining any Server that you co-host with the Company; and
    
3. Any contract formed through the Site with any third party is your responsibility and You indemnify the Company from any suits, charges, proceedings, claims or causes of action arising from any such contract; and
    
4. You are responsible for your compliance with the Privacy Act 1988, Information Privacy Act 2000, the Health Records Act 2001 or any other legislation that may regulate the collection, storage, use and/or disclosure of personal or sensitive information. For avoidance of doubt this includes information collected through the Site or Domain or Co-hosted server; and
    
5. You will not use the Service for any illegal purpose or for the provision or publication of unacceptable Material.

The Company may, at its sole discretion immediately suspend or terminate the Service at any time:

1. Where You breach any of these terms and conditions;
    
2. Where You fail to pay the Charges pursuant to this agreement;
    
3. Where Your nominated payment method is refused or dishonoured by a financial institution nominated by You;
    
4. Where You do not notify the Company of changes to Your details;
    
5. In the event that the service is a Co-Host, where the Company has a reasonable belief that the Server Co-Hosted at the Company's facility is a risk to the assets, property or operation of systems operated by either the Company or other parties utilising its services.

The Company will notify You of any termination or suspension of the service via the contact details provided in the Application or varied by You and notified to the Company.

You may terminate or suspend the Service at any time by giving notice to the Company.

You agree that the Services provided to you by the Company are not suitable for applications which need continuous or fault free service.

You acknowledge that the Company cannot be held responsible for disruptions to Services that may occur from time to time on parts of the Internet that are not under the control of the Company. You agree that the Company has no liability in the event of an outage in the Service not due to the omission or default of the Company.

From time to time it may be necessary to suspend the Service for a short period of time to maintain, repair or update the Company's Servers or equipment. You agree that no notice is required for interruptions of less than 20 minutes. You agree that no refund is due for any interruption of less than 20 minutes.

The Company agrees that it will provide notice in advance of any scheduled disruption in the service caused by its actions that will be longer than 20 minutes.

You agree that the Company will not be liable for any interruption of service caused by it which does not exceed 3 hours per month.

For the purpose of this agreement "force majeure" means any act, event or cause beyond the reasonable control of either party to this agreement and includes acts of God, industrial disputation, failure in electricity supply, war, civil strife, flood, fire, unavailability of raw materials or supplies, explosion or epidemic.

If the Company is prevented from performing any of its obligations under this agreement as a result of force majeure it will so notify You, and performance of the agreement will be suspended for the duration and to the extent it is affected by the force majeure. The Company will not be liable for delay or failure of performance of this agreement for the duration of the force majeure.

If a third party alleges that Material provided is not licensed or owned by You, or is Unacceptable Material the Company reserves the right to immediately remove the Domain until such time as the parties agree that the dispute between You and the third party has been resolved.

You acknowledge that it is Your responsibility to take steps to keep your Site secure including but not limited to the following :

1. selecting passwords that are unknown or unlikely to be guessed by others;
    
2. regularly changing your password;
    
3. ensuring your password contains combinations of letters and numbers;
    
4. never storing Your password on Your computer; and
    
5. maintaining current firewall and anti-virus measures;

You agree that you, your employees, agents, contractors, clients, guests or users will not store, distribute or promote components that may be used to compromise network security or that have the capacity or potential to be used to threaten, damage, effect or alter the performance or operation of any Domain, Server, computer or Site that is the responsibility of the Company whether the Company owns that Domain, Server, computer or Site or not. For avoidance of doubt such components include (but are not limited to) the following:

1. credit card number generators;
    
2. crackers;
    
3. packet sniffers;
    
4. network probes

You agree that you will not engage in the practice known as 'spamming' or the sending of mass unsolicited emails offering goods and services.

You agree that any insurance cover for the Material within Your Domain or located or being part of a Co-Hosted Server is Your responsibility.

We do not warrant that the data transmitted or received by you through the use by You of the services will be accurate or virus free.

You agree that any liability of the Company to You in relation to any loss, claim, suit, demand or damage (including any costs) arising under either these terms and conditions or any tortious act or omission (including but not limited to negligence) under common law or statute is excluded to the extent capable at law.

To the extent that any loss is not capable of being excluded, any liability by the Company is, where permitted by law, limited solely to the provision of the service. In the event that the interruption to the service exceeds the amount per month set out in this agreement and is due to the negligent act and or omission of the Company any loss or damages shall be limited to a pro-rated calculation of the charges over the period of the interruption of the service

You indemnify the Company, its employees, agents and contractors from any loss, injury, damage, liability, claim, expenses or costs however incurred or suffered by it arising from or connected with:

1. any breach of these terms and conditions;
    
2. the publication or placing of Unacceptable Material on your Site;
    
3. any alleged breach of the rights of another person (including defamation and unauthorised dealing or usage of intellectual property rights) as a result of the provision of Material on Your site; or
    
4. any damage to the Company's assets or the delivery of its or its clients' services caused by actions of You or Your employees, agents, contractors, guests, officers, or users;

You agree that the Company is not liable to You or any other person for special, indicator consequential loss or damage (including loss of business, profits or anticipated savings or any other form of indirect or consequential loss whatsoever) arising in any way out of this Agreement or any breach of this Agreement by the Company.

You warrant that You have not relied upon any representation made by the Company which has not been stated expressly in this Agreement, or as to any profits or benefits that which You may obtain from entering into this Agreement, and that You have relied on Your own skill and judgement.

You may not assign or sub-licence your rights or obligations under this Agreement without the Company's consent.

The Company may assign or subcontract its rights or obligations under this Agreement by written notice to you.

This agreement is governed by the Laws of Victoria. Each party submits to the jurisdiction of the Victorian Courts and Tribunals.