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The following Web Hosting Policy applies to all sites hosted by Nornet whether they be Virtual Domains, Business Web Pages, Community or Personal by Nature unless specified under headings below. The Subscriber acknowledges that use of the Data, Databases, System and Services may be subject to certain legal regulations, conditions and restrictions. The Subscriber must ascertain and comply with such regulations, conditions or restrictions. Commonwealth legislation allows the Australian Broadcasting Authority ('ABA') to direct Nornet to remove certain prohibited Internet content from its servers or prevent users from accessing certain Internet content. Nornet may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing your account or restricting access to a particular website. Nornet may take these steps immediately and without notice to you.
Hosting conditions are the same as per personal web pages. Where the North Coast located community organisation requires their own domain name, these will be hosted by Nornet at no cost, however, Nornet reserves the right to charge for excess traffic fees if the site is attracting an unreasonable amount of Traffic as deemed by Nornet in comparrison to other community sites hosted for free. The group will be informed of any decision before the traffic is charged. Nornet charges a once off $25.00 set up fee, to set the site up on our servers. Nornet requires that any such sites hosted by Nornet display a Nornet logo on the index page of the site saying "Hosting Sponsored by Nornet" This logo is displayed below and can be obtained by right clicking your mouse, selecting 'save image as', then saving the image on your hard drive which can then be placed onto your web site.
Nornet permits each user to have their own personal web page with a limit of 5-10 Megabytes of space. Traffic limits will apply on any site attracting an unreasonable amount of Traffic as deemed by Nornet in comparrison to other Personal sites. Nornet reserves the right to remove any personal
web page hosted where it is deemed to be commercial by nature, excessive
volume of Internet traffic attracted to the site or by the content
of the site. Nornet will inform the site owner by email to the Nornet
Email account that this will occur.
All services may be
used for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of Australian Broadcasting Authority
('ABA') is prohibited. This includes, but is not limited to; copyrighted material,
material we judge to be threatening or obscene, or material protected
by trade secret and other statute. In addition any site
selling or promoting Bulk email services is not allowed Examples of non-acceptable
content or links:
Nornet will be the sole arbiter as to what constitutes a violation of this provision. The use of our web servers in any manner connected with pornography, or any illegal use such as copyright violation, or any use that we deem to be inappropriate in like manner, whether or not it is specifically illegal, is in direct violation of our Terms of Service and will result in immediate deletion of files, and/or immediate termination of services. Links to such materials are also prohibited. This paragraph does NOT obligate us to act in a timely manner in this regard, nor does failure to act constitute our acceptance of any prohibited use. TRAFFIC GUIDELINES High Resource Policy Any site that is deemed
as impairing the performance of our servers either by high disk
utilisation, high bandwidth usage, or high CPU usage will be entered
into our "High Resource Customer" program. High Resource sites are
sites that use an excessive amount of system resources such as bandwidth,
Storage or CPU utilisation. It is at Nornets sole discretion to
decide which sites are "High Resource" sites. Sites who have been
deemed as a "High Resource" site will be subject to the following: - Verbal or email
warning.
Each account comes
with its own cgi-bin. You are free to use any CGI scripts you wish,
however we reserve the right to disable any CGI script that effects
normal server operation. Any deliberate attempts
to misuse this service will be taken as an "unauthorised access"
attempt Background
Running Programs Currently we do not
allow programs to run continually in the background. These are considered on
a one to one basis and an extra charge will be incurred based on
system resources used and operational maintenance needed. Commercial Advertising - Email: Our servers may not
be the source, intermediary, or destination address involved in
the transmission of spam, flames, or mail bombs. Your domain may
not be referenced as originator, intermediary, or reply-to address
in any of the above. We consider spam any mass unsolicited message
in the mediums of Newsgroups and Email. If you are found to have
spammed, then we will immediately, without warning, disable your
account. As such, any violation
will result in immediate deactivation of services without refund. Notwithstanding any
other provisions of this Agreement, NORNET in addition to any rights
it may have under law or statute, may forthwith terminate this Agreement
by written notice or without notice to the Subscriber if in its
opinion, the subscriber fails to abide by the Nornet Acceptable
Use Policy as published at http://www.nor.com.au/?page=AUP Anybody trying to
access the shell account of any other person/s without permission
from the system operator or owner of the site is strictly prohibited.
Any attempts to undermine or cause harm to a server will result in immediate deactivation of services without refund. Refusal
of Service: We reserve the right
to refuse or cancel service at our sole discretion. WARRANTY Clients who are hosted
under the Nornet Network plan agree to adhere to any and all special
requirements for this plan. These requirements may change from time to time. 1. Though we
make extreme effort to ensure continuous service, services may not
be available 100% of the time. 2. We are not
liable in any way for outages beyond our control, such as utility
companies or similar failures. 3. Our liability
for service outages cannot and will not exceed fees paid to us for
the specific services that were contracted but that we did not provide. 4. Typical
service outages are for system upgrades (on an "as required" basis).
These outages typically do not exceed thirty minutes and are scheduled
for "off peak" times. 5. Services
may be used for lawful purposes only. We reserve the right to terminate
services supplied for any customer, with or without notice, who
use our services for any unlawful purpose. We will retain sole and
exclusive judgment (excepting official legal authorities, local
or otherwise) to determine whether a particular practice is lawful
or not. 6. We are not
liable, in any way whatsoever, for any content that is downloaded
by others to our systems, or transmitted by others via our systems. It is not possible for us
to regularly check data, which has been downloaded, nor is it possible
to monitor the content of transmissions. 7. Payment
is to be made in advance for services.
If SUSPENDED, with or without notice. If services are suspended,
a Restoration Fee of $50.00 may be charged. For ANY PAST DUE PAYMENT,
a LATE PAYMENT FEE of $10.00 may be charged. 8. If any payment
is past due 14 days, services may be TERMINATED, with or without
notice. If services
are terminated, a Restoration Fee of $100.00 may be charged and
ALL USER FILES may be DELETED. 9. ANY termination
of service will result in all user computer files being DELETED
UPON TERMINATION. 10. Though
we have automated systems for backing up files, we are not liable
for any loss of user data. If RESTORATION is
required, we may charge a fee of $50.00 for each occurrence. 11. The terms
and conditions expressed herein, other than prices, are to be in
effect for the duration that services are rendered. Violation of,
or failure to enforce, any one provision, by either party, will
not affect any other provisions. 12. Cancellation of Web hosting
services is required in writing (email/fax) to accounts@nor.com.au 13. Payment
for services rendered, or to be rendered, by Nornet and/or assigns and/or agents
constitutes explicit agreement by the purchaser of services to the
terms and conditions set forth herein. This document should be printed
by the customer, or prospective customer, and retained for his records.
Failure to print and/or retain this document does not constitute
any lack of agreement, nor does it imply that the terms are not
enforceable. It is the sole responsibility of the purchaser, or
prospective purchaser, of services to ensure that he and/or she
understands and agrees to these terms and conditions as herein set
forth prior to paying for any services. 14. This document
shall be enforceable in accordance within the laws of the State
of New South Wales. 15. Any dispute
with regard to any and/or all-contractual issues shall be settled
by formal arbitration in the State of New South Wales. The decision
of the arbitrator will be binding on all parties involved. The contracting
parties waive any and/or all rights to bring any dispute to trial. 16. Nornet
cannot, and does not, ensure the accuracy or timeliness of any information
provided. 17. These Terms
and Conditions may be changed from time to time, with or without
notice. Neither Nornet, and/or
its assigns, employees, representatives, agents, or contractors thereof, warrant any connection to, transmission over, or use of,
any connection or facilities provided (or failed to be provided).
Further, no warranties are made, whether express or implied, with
regard to the suitability, merchantability, performance, or business
and/or legal consequences of any services provided (or failed to
be provided). Nornet and/or contractors assume no responsibility
for any and/or all damages suffered by any and/or all customers
for, but not limited to, loss of data, delays, non-deliveries, mis-deliveries,
or service outages. However, Nornet and/or assigns
and/or agents will reimburse, upon written request, any monies paid
in advance for any loss of services contracted to be provided, which
exceed a cumulative duration of four hours per week, providing that
the aforesaid loss of service was due to a problem within our reasonable
control. NOTE: that this reimbursement is the MAXIMUM liability accepted and/or to be incurred by Nornet and/or agents and/or assigns.
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©
Copyright Nornet 2010
Site maintained by Cindy Wescombe