Our services may only be used for lawful purposes. Transmission or solicitation of any material which violates national and/or international laws which may apply in our local jurisdiction or your local area, is prohibited. This includes material which is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws. PORNOGRAPHIC CONTENT & WAREZ SITES ARE STRICTLY PROHIBITED.

You agree to indemnify and hold harmless Etisym Solutions in any legal action which arises as a result of your use of our services, without limitation or exception. Etisym Solutions makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold Etisym Solutions responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, Etisym Solutions agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate amount, but that no further compensation will be made. Scheduled outings and account suspensions do not count towards our refund policy.

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access.

You agree that the security of your account or server is first and foremost your own responsibility. You further agree that if you believe the security of your account or server has been compromised in any way, you will notify Etisym Solutions immediately. You agree that if you become aware of misuse of your account or server, and do not notify Etisym Solutions, you will be held responsible for that misuse.

You agree not to transmit unsolicited or prohibited advertising through electronic mail or inappropriate Usenet postings through Etisym Solutions' services. You specifically agree that the use of Etisym Solutions' Server services for unsolicited mass mailings or postings (commonly known as "Spam") will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any and all damages to Etisym Solutions, both monetary and in reputation, as well as hourly fees for reading the complaints which may arise.

You agree that we have the right and responsibility to fully co-operate in any legal investigation regarding any aspect of our services, including services sold to you.

You agree to supply a current and truthful name, postal address, billing address and telephone number for our records. Etisym Solutions agrees not to sell or donate its mailing list to any other company or person, and not to publish any information about its customers beyond that which is freely published via "finger" and other standard system utilities.

You agree that backup of files is your responsibility and that Etisym Solutions is in no way responsible for the loss of, or for saving or returning any data, files or directories stored on the server for/to the Client.

This contract supersedes any written, electronic, or oral communication you may have had with Etisym Solutions or any representative thereof, and constitutes the complete and total agreement between the parties.

Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with Etisym Solutions, at our discretion. Criminal or civil prosecution may result in extreme cases.

Age

Customers that are signing into contract must be at least the age of 18. Customers who are at least 13 years of age must have their parents permission to use such services.

Internet Etiquette

1. Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or Etisym Solutions. All messages transmitted via Etisym Solutions' service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.

2. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Etisym Solutions is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Etisym Solutions or its customers may utilise.

3. Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. Etisym Solutions reserves the right to deactivate the Client's Server account(s) upon and indication of such activity. In such case Etisym Solutions is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless Etisym Solutions from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Server account(s).

Limited liability

1. Client expressly agrees that use of Etisym Solutions' service is at Client's sole risk. Etisym Solutions, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, cannot warrant that the Etisym Solutions' hosting service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the Etisym Solutions hosting service, unless otherwise expressly stated in this Agreement.

2. Client hereby agrees that any material submitted for publication by Etisym Solutions through Client's account(s) will not contain anything leading to an abusive or unethical use of the hosting product(s) or the host server(s). Abusive or unethical materials and uses include, but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.

3. Client hereby agrees to indemnify and hold harmless Etisym Solutions from any claim resulting from Client's publication of material or use of those materials. Etisym Solutions may or may not give notice before deactivating the use of an account(s) which Etisym Solutions decides is an abusive or unethical use of, or a potentially illegal use of the hosting account(s) or host server(s). In such case Etisym Solutions is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless Etisym Solutions for any claim resulting from the submission of illegal materials.

4. Under no circumstances, including negligence, shall Etisym Solutions, its officers, agents or anyone else involved in creating, producing or distributing Etisym Solutions' hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Etisym Solutions' hosting services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Etisym Solutions' records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Etisym Solutions' Server services.

5. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.

6. In the case of "Force Majeure" (as defined below), Etisym Solutions will notify the Client at the earliest opportunity of the circumstances. "Force Majeure" will entitle either party to withdraw from their contractual obligations. The Client will remain liable for all costs incurred up to the occurrence of "Force Majeure".

"Force Majeure" means any event or thing outside Etisym Solutions' reasonable control, which directly or indirectly causes Etisym Solutions' Servers becoming unable in whole or in part to perform its obligations under this Agreement, and includes but is not limited to: (a) acts of God or the public enemy, national emergencies, asteroids or other space calamity (including but not limited to meteorological or astronomical disturbances), use of atomic weapons or nuclear fusion or fission, radioactive contamination, insurrection, riot, hostile or warlike action in peace or war, sabotage, receive earth station outage, earthquakes, tidal waves, hurricanes, snowstorms, rain fade, fires, floods, or electromagnetic radiation from the sun; (b) strikes, lockouts, labour disputes, work stoppages, embargoes or any other labour difficulties; (c) action or inaction by a government entity or agency; or (d) the unrelated action or inaction of a third party which is beyond Etisym Solutions' reasonable control, which causes a delay or ultimately a failure to perform Etisym Solutions' obligations under this Agreement.

Support

Unless specific arrangements have been made with Etisym Solutions, the client agrees that Etisym Solutions is in no way responsible for support or for editing or configuring of the following:

• PHP Scripts/li>
• Os Commerce Sites
• PHPBB Sites
• Miva Cart Sites
• Web pages
• FTP transfer of files
• 3rd Party E-mail Programs
• 3rd Party Scripting Problems that are the responsibility of the customer, or anything else that is not server specific related.

Indemnification

The Client agrees that it shall defend, indemnify, save and hold Etisym Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Etisym Solutions, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Etisym Solutions against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Etisym Solutions' Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Client's hosted site.

Termination

1. This Agreement may be terminated by either party, without cause, by giving the other party 7 days written notice. Notwithstanding the above, Etisym Solutions may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.


2. In the event that it becomes necessary for Etisym Solutions to enforce the terms of this agreement Etisym Solutions shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and other legal fees.

Acknowledgement and acceptance of this agreement is required for an account to be setup at Etisym Solutions. By signing-up for hosting services you indicate that you have read and understand this service agreement in it's entirety and agree to be bound by it's content.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.

The parties agree that this agreement shall be governed by and be interpreted according to the laws of the Commonwealth of Australia, and International laws enforceable by way of treaty. Any and all actions regarding or relating to this agreement shall be brought about in the State of New South Wales, Australia.

Billing Policy

Hosting accounts are offered on a 12 month billing cycle. On the last day of your Billing Cycle you will be issued a tax invoice via e-mail. You will then have 10 days to make your payment.

If you have a enquiry about your tax invoice please send an e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it before you make payment or before your payment is due to be debited from your account, this will allow us to rectify the problem if one occurs.

All charges are shown in Australian Dollars. Payments are to be made in Australian dollars. Etisym Solutions accepts the following payments below:-

Cheques/money order

Please make out to:

Direct Bank Deposit

Please use your Etisym Solutions account for a reference when using direct deposit.

Online payment using Credit Cards

Payments are accepted using credit cards (VISA and Mastercard) via Paypal.

All payments are due within 10 days of the invoice date. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including legal fees, court costs, and collection agency fees.

Billing Cycles (Terms)

Etisym Solutions offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 Months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal. All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Direct Bank Deposit

Etisym Solutions does NOT charge fees for accepting payment via direct bank deposit or Internet Bank Transfer.

Reactivation

Customers that wish to reactivate a closed account will be assessed a $10.00 reactivation fee. A $50.00 fee will be assessed if Etisym Solutions restores your data files to your reactivated account.

Hosting Plan Changes

Customers electing to change to a lower priced hosting plan on the same platform will be charged a $10.00 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. Cancellation can be arranged through postal mail or e-mail. In e-mail cancellations your account name and phone number must be provided and sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Upon receiving your e-mail we will contact you via your phone number listed under the account to confirm the request.

The E-mail must also come from the E-mail that was used to sign up the account. If you have any problems, our support staff will be more than happy to help you out.

Mail:

Cancellation requests must be received by Etisym Solutions Sales and Billing a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan.

Cancellations become effective on the day processed by Etisym Solutions.

Etisym Solutions is unable to cancel your account effective for a future date e.g., you wish to cancel in 2 months time. Etisym Solutions will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Etisym Solutions as soon as possible.

Etisym Solutions does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Etisym Solutions' services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Etisym Solutions reserves the right to cancel any account, at any time, without notice, for any reason Etisym Solutions considers appropriate.