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The following sets out some relevant matters you should consider before and whilst using any of eSolutions Online's Hosting services. By using our hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses which, are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of Australian and U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
eSolutions Online reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
- Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. eSolutions Online reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
The term "adult material" is defined as follows:
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Photos or videos showing graphic violence, death or dismemberment.
- Photos or videos showing graphic violence or death.
- Revenue-generating hyperlinks to sites who violate policy 1a.
eSolutions Online reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
- Illegal Use
eSolutions Online Hosting service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "IRC Bots", "Mp3".
We will be the sole arbiters as to what constitutes a violation of this provision.
- Tortious Conduct
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
- E-mail
Customers of eSolutions Online e-mailing services shall NOT:
- Send e-mails or post messages that are unlawful, excessively large (as determined by the purchased hosting package), obscene, vilifying, or contain libellous content.
- Send unsolicited advertisements ("Spam") similar e-mails.
- Use eSolutions Online as a relay for e-mail without eSolutions Online's express permission.
- Modify the sender, time, server or other header information of e-mails.
- Send large numbers of e-mail to one address with the purpose of interfering with the use of that address.
- Accumulate e-mail in a mailbox to a volume larger than the expressed amount of the purchased hosting package without downloading it. In such circumstances, eSolutions Online may, amongst other things and in its sole discretion, return or bounce all e-mails sent to such a mailbox.
- Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
It is contrary to eSolutions Online policy for customers to use our services to effect or participate in any of the following activities:
- To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
- To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
- To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a eSolutions Online Hosting service, or using a eSolutions Online Hosting service as a mail drop for responses;
- To falsify user information provided to eSolutions Online or to other users of the service in connection with use of an eSolutions Online service.
When eSolutions Online becomes aware of an alleged violation of its Acceptable Use Policy, eSolutions Online will initiate an investigation (within 24-48 hours). During the investigation eSolutions Online may restrict Customer's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, eSolutions Online may, at its sole discretion, restrict, suspend, or terminate the Customer's account and/or pursue other civil remedies. Also, eSolutions Online reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offence, eSolutions Online will notify the appropriate law enforcement department of such violation.
eSolutions Online does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
The Customer shall be held liable for any and all costs incurred by eSolutions Online as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
- General
- Harassment or abuse, whether physical, verbal or written, of other customers or eSolutions Online staff members, may in the sole discretion of eSolutions Online result in the cancellation of the customer's eSolutions Online account(s).
- eSolutions Online recommends that all customers install an anti-virus program and update it regularly.
- Customer Service Agreement
This is an agreement between you and eSolutions Online regarding your use of eSolutions Online's services. This Agreement governs the terms and conditions under which eSolutions Online makes the services available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the eSolutions Online Hosting or similar services. Under this Agreement, you must comply with eSolutions Online's then current "Acceptable Use Policy," as updated from time to time by eSolutions Online, which can be viewed at: http://www.esolutionsonline.com.au/acceptableUsePolicy.html
- eSolutions Online will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel your account. If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on our services.
- eSolutions Online's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. eSolutions Online expressly disclaims any representation or warranty that the eSolutions Online services will be error-free, secure or uninterrupted. No oral advice or written information given by eSolutions Online, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this section will survive any termination of this Agreement.
- The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography, graphic violence or death. Violations of these or any other provisions of this Agreement may result in termination of the services provided by eSolutions Online, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of eSolutions Online based upon the severity of the violation. eSolutions Online reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of eSolutions Online's then current Acceptable Use Policy, in the sole and absolute opinion of eSolutions Online. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless eSolutions Online from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by eSolutions Online, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this section will survive any termination of this Agreement.
- Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that eSolutions Online reserves the right to change the specified rates and charges from time to time.
- The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. eSolutions Online will not change passwords to any account without proof of identification, which is satisfactory to eSolutions Online, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that eSolutions Online will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will eSolutions Online be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless eSolutions Online from any and all Claims arising from such ownership disputes. The terms of this section will survive any termination of this Agreement.
- The Account Holder agrees not to harm eSolutions Online, its reputation, computer systems, programming and/or other persons using eSolutions Online's services. The Account Holder understands that the services provided by eSolutions Online may be provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. eSolutions Online will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this section, then eSolutions Online has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless eSolutions Online and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by eSolutions Online The terms of this section will survive any termination of this Agreement.
- The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of eSolutions Online.
- eSolutions Online will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall eSolutions Online be liable to the Account Holder for any damages resulting from or related to any failure or delay of eSolutions Online in providing access to the Internet under this Agreement. In no event shall eSolutions Online be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of eSolutions Online under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this section will survive any termination of this Agreement.
- If eSolutions Online assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the eSolutions Online services, the right to use that Internet Protocol address will remain with and belong only to eSolutions Online, and the Account Holder will have no right to use that Internet Protocol address except as allowed by eSolutions Online in its sole and absolute discretion.
- This Agreement constitutes the entire agreement between the Account Holder and eSolutions Online with respect to the eSolutions Online services and supersedes all prior agreements between the Account Holder and eSolutions Online. eSolutions Online's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this section will survive any termination of this Agreement.
- The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this section will survive any termination of this Agreement.
- The Account Holder agrees to indemnify and hold eSolutions Online harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and eSolutions Online will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
- The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Victoria (excluding its choice of law rules) and the federal laws of Australia applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Victoria, Australia for any action arising out of or relating to the Account Holder's use of the eSolutions Online Hosting services. The federal and provincial courts of Victoria, Australia will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section will survive any termination of this Agreement.
- Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
- Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why eSolutions Online has been forced to create its no adult sites policy for its virtual server users.
- Account Holders can receive a refund if account is cancelled within the initial 7 days after sign up. If the Account Holder cancels after the time period specified, there will be no refund given.
- eSolutions Online may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- If an Account Holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
- If an Account Holder's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the account holder will incur a $50.00 collection fee added to the balance previously due.
- All accounts are subject to verification.
- You agree that eSolutions Online may establish limits concerning use of our services, including without limitation the maximum number of days that e-mail messages will be retained by eSolutions Online, the maximum number of e-mail messages that may be sent from or received by an account on any eSolutions Online service, the maximum size of an e-mail message that may be sent from or received by an account on any eSolutions Online service, the maximum disk space that will be allotted on eSolutions Online's services on your behalf either cumulatively or for any particular service. You agree that eSolutions Online has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any eSolutions Online service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any eSolutions Online service may change at any time.
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