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Hosting terms and Conditions


Little Black Duck Design provides web hosting to clients throughout the world; we have a responsibility to protect these clients and to provide the best service available. The following guidelines were designed to ensure that proper service is rendered to all our clients.

Web Presence Content

All services provided by Little Black Duck Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, or State law is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening or obscene, material protected by trade secrets and other statutes. The subscriber agrees to indemnify and hold harmless Little Black Duck Design from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are allowed on Little Black Duck Web Hosting Services, provided they adhere to state and territory laws. Sites that promote any illegal activity or content that may be damaging to Little Black Duck Design servers or any other server on the Internet are prohibited. Links to such materials are also prohibited. Further examples of unacceptable content or links include pirated software, "hacker" programs or archives of "Warez Sites" or any kinds of software or shareware like illegal audio/video (mp3, illegal recorded samples).

E-mail Spamming

Spamming, or the sending of unsolicited email to others on the Internet, from a Little Black Duck Design server or from an email address that is maintained by a Little Black Duck Design machine is STRICTLY prohibited.

None of the following will be tolerated:

* The sending of any unsolicited email mentioning an email address for any domain hosted by the Provider.
* The sending of any unsolicited email mentioning a domain hosted by the Provider.
* The sending of any unsolicited email mentioning an IP address hosted by the Provider.
* The posting of references to adult sites to non-adult newsgroups.
* The posting of advertisements on IRC, ICQ, or any other public chat system.

Little Black Duck Design will be the sole arbiter as to what constitutes a violation of this provision.

Terms and Termination

This agreement shall have an initial term of three months from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If User does not notify Provider of cancellation request at least 7 days in advance of date of execution, the User will be responsible for the payment due for the next equivalent period.

User has 30 days from date of account set up to be eligible for a refund. If User requests a refund in this time period, User will receive a refund in the amount of their initial monthly payment(s). User will not receive a refund for any set up fees. User will not receive a refund for any other reason, including but not limited to: late cancellation, unused time, slow connection caused by client's ISP/network, already having logged in to his or her account many times, having used the account for whatever reasons, or account termination for violation of policies.

The Provider reserves the right to suspend or cancel a hosting account with seven days notice of termination.

Provider reserves the right to terminate this agreement, and to delete the web site from its hardware, immediately upon the occurrence of any of the following events:

a. Non payment of any charges due from User.
b. Breach of any term or condition of this agreement by User.
c. Commencement of any lawsuit or proceeding against User arising from or relating to its use of the web site, whether or not such suit names Provider as a party or seeks and recovery from Provider.

Indemnification of Provider/Relationship of Parties

User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defence, for any matter arising from or relating to User's web site provided hereunder.

Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's web site, except as necessary to maintain the web site.

Billing

Payment is due on the day you received your account information of each month. Accounts are in default if payment is not received within 7 days after date of invoice. If a subscriber's cheque is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a "returned cheque" charge of $55. Accounts unpaid 7 days after date of invoice may have their service interrupted. Such interruption does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 1.25% per month on the outstanding balance. If the subscriber's state law does not allow an interest rate of 1.25% per month, the maximum allowable rate for the subscriber's state will be charged. If the subscriber defaults, the subscriber agrees to pay Little Black Duck Design its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

All files, information and mail under the account will be preserved for 10 days from the date the payment is due. If the payment is not received after 10 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber. For this, an activation fee will be required.

The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account with the company is terminated, for any reason, by either the Little Black Duck Design or the subscriber.

Security/Software

User agrees to take all steps reasonable, necessary, and prudent to protect User's login ID and password.

User agrees not to attempt to undermine or cause harm to any server or customer of Provider.

User acknowledges that Provider cannot provide technical support for any software and/or script that the User installs, other than variable name changes. User also acknowledges Provider does not supply technical support for Microsoft FrontPage.

Violation

Any attempt to undermine or cause harm to a Little Black Duck Design server or another customer's Web presence is strictly prohibited. Any violation of the above terms or conditions will result in grounds for account termination, with no refunds given; Little Black Duck Design reserves the right to remove any account without prior notice.

Disclaimer

Little Black Duck Design will not be responsible for any damages your business may suffer. Little Black Duck Design makes no warranties of any kind, expressed or implied for services we provide. Little Black Duck Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-delivery, wrong delivery, and any and all service interruptions caused by Little Black Duck Design and its employees. Little Black Duck Design reserves the right to revise its policies at any time without prior notification.

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