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Terms & Conditions

Terms and Conditions

* Domain Registration
* Limitation of Liability
* email / Web site Hosting / Secure Web Page
* Search Engine Optimisation
* Reseller Terms & Conditions
* General Terms and Conditions Service Availability
* Intellectual Property Rights and Other Consents
* Indemnity
* Termination
* Payment
* Law

Exclusion and Limitation of Liability

1. To the full extent permitted by law we hereby exclude all and warranties not expressly set out herein. except specifically set forth in elsewhere in this agreement, we or give no express or implied warranties including, without , the warranties of merchantability or fitness for particular purpose, or arising from a course of dealing, usage trade practice, with respect to any goods or services under or incidental to this agreement. No oral or written information advice given by us, our resellers, agents, representatives employees shall create a warranty or in any way increase scope of the express warranties hereby given, and you may rely on any such information or advice.

2. Our total aggregate liability to you for any claim in contract, , negligence or otherwise arising out of or in connection the provision of the Services shall be limited to the charges by you in respect of the Services which are the subject any such claim and provided that you notify us of any such within one year of it arising.

3. In no event shall we be liable to you for any loss of business, profits or anticipated savings or for any other indirect consequential or economic loss whatsoever.

IMPORTANT NOTE:

In the event that this agreement constitutes a supply of goods services to a consumer as defined in the Trade Practices Act (Cth) or any other national, State or Territory legislation the Acts) nothing contained in this agreement excludes, restricts modifies any condition, warranty or other obligation in relation this agreement and the goods and you where to do so is unlawful. the full extent permitted by law, where the benefit of any condition, warranty or other obligation is conferred upon pursuant to any of the Acts, our sole liability for breach any such condition, warranty or other obligation, including consequential loss which you may sustain or incur, shall be (except as otherwise specifically set forth herein) to:

1. In relation to goods:
* The replacement of the goods or the supply of equivalent or payment of the cost of replacing the goods or acquiring goods; or

* The repair of the goods or payment of the cost of having goods repaired;

2. In relation to services:
* The supplying of the services again; or

* The payment of the cost of having the services supplied again in each case we may elect.

Terms and conditions for the registration of domain registrations:

In order to become Linuxoptic.com , or user of any Linuxoptic.com services, you agree to the following terms and conditions. Your agreement these terms will be indicated to us by the execution of contract, completed or commencement of any business activities or use any Linuxoptic.com services, whichever occurs first.

The following terms of business apply to any or all of the domain registration, Web site hosting, email, spam and virus protection, Engine Optimisation and Secure Web Page services to be by Linuxoptic.com to you from time to time, as well as any services by us under any agreement.

Terms and Their Meanings:

* Server: means the computer server equipment operated by us in with the provision of the Services.

* Web Site: means the area on the Server allocated by Linuxoptic.com to you use by you as a site on the Internet.

* Secure Web Page: means the Web page operated and located on the which allows you to collect credit card details in a means is difficult for other people to view the page when it is , because the pages are encrypted,

* Search Engine Optimisation: means any service which is designed assist your Web Site gain a higher listing in the Search Engine .

SPECIAL TERMS OF CONTRACTS

Domain Name Registration terms

1. We do not warrant or guarantee that the domain name applied will be registered in your name or is capable of being registered you. Accordingly, you should take no action in respect of your domain name(s) until you have been notified that your domain name has been registered.

2. Both the registration of the domain name and its ongoing use subject to the relevant naming authority's terms and conditions use and you are responsible for ensuring that you are aware those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect the decision of a naming authority to refuse to register a name and, without limitation agree that the administration paid by you to us shall be non-refundable in any event

3. We accept no responsibility in respect of the use of a domain by you and any dispute between you and any other individual organisation regarding a domain name must be resolved between parties concerned and we will take no part in any such dispute. reserve the right, on our becoming aware of such a dispute, our sole discretion and without giving any reason, to either or cancel the domain name, and/or to make appropriate to the relevant naming authority.

Web Site Hosting/email/Secure Web Page/virus protection terms

We specifically exclude any warranty as to the accuracy or quality information received by any person via the Server and in no will we be liable for any loss or damage to any data stored the Server. You are responsible for maintaining insurance cover respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site space for lawful purposes. In particular, you further warrant and undertake to us that:

1. you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;

2. you will not knowingly or recklessly post, link to or transmit any material:
* that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or
* containing a virus or other hostile computer program;
* that shall constitute or encourage a criminal offence, give rise civil liability or that violates or infringes any trade mark, , other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and

3. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
* You are responsible for sending mail in accordance with any relevant (including data protection legislation) and for sending same in a secure manner. We will take all reasonable steps to accurate and prompt routing of messages but we will not accept liability for non-receipt or misrouting or any other failure email
* You warrant, undertake and agree that:
* any transactions within your Web site which are contracts for sale of goods or services will be between you as the merchant your end-user customer and you agree that we may include an of our liability in respect of such purchases and transactions such form as we deem appropriate;
* the information contained within your Web site will comply with applicable law, and codes of practice governing the use of Web and related services, including, without limitation, those and/or codes of practice governing distance selling and data from time to time in force;
* you will keep secure any identification, password and other confidential relating to your account and you will notify us immediately any known or suspected unauthorised use of your account, or any or suspected breach of security, including loss, theft or disclosure of your password information. Notwithstanding notification you will be liable for any and all uses of your (and Web site) notwithstanding any fraudulent or improper of your password or any other access to any of the facilities offer which is not unauthorised use or access by us.
4. Whilst we shall use reasonable endeavors to ensure the integrity security of the Server, we do not guarantee that the Server be free from unauthorised users or hackers.

5. We do not warrant whatsoever that our virus protection services stop every virus from reaching your computer network. We make warranty that the service will be error free or free from interruption failure, and the company expressly disclaims any express or implied regarding system and/or service availability, accessibility, performance.

Search Engine Optimisation services

* Whilst we will try to improve the position of your Web Site in Search Engine results in response to a search request, we do warrant that this effort is in any way guaranteed

* We cannot be held responsible for any changes to the position your Web Site in the Search Engines results in response to a request

Reseller and ISP Partner terms

1. If you are or become a reseller of our Services you must ensure that you continue to comply with these terms and conditions by making your customers bound to no less comprehensive and protective and conditions than these.

2. You agree that in your capacity as reseller of our services you not incur any liability on our part or in any way pledge or to pledge our credit or purport to make any contract binding us.

3. We do not accept the liability or default of your own customers affecting or limiting your obligations under this agreement and suggest that you require your customers to sign a form of this .

4. As a reseller of our Services, you are responsible for ensuring any promotional, advertising or other material you distribute to your customers (whether in paper form or electronically):

  • does not contain any misrepresentation relating to Linuxoptic.com or the of your relationship with Linuxoptic.com;
  • is in accordance with all applicable advertising standards;
  • does not contravene any law of the relevant jurisdiction;
  • is appropriate in all the circumstances; and that you otherwise comply with all laws and regulations governing exercise of your right as reseller under this agreement.
  • retain the right to require you to cease distribution of any , promotional and/or other material which in our view unacceptable by reference to the criteria referred to at paragraph above.
5. You agree to indemnify, keep indemnified and hold us harmless and against any claim brought against us by a third party resulting the provision of our Services by you to your customers, and respect of all losses, costs, actions, proceedings, claims, damages, (including reasonable legal costs and expenses) or liabilities suffered and howsoever incurred by us as a consequence your breach or non-observance of the Reseller and ISP Terms.

GENERAL TERMS AND CONDITIONS

The following terms and conditions apply to all reseller and ISP and provision of all Services, including the registration any and all domains names and sub-domains the special terms for are set out below:

Availability

We shall use reasonable endeavors to provide continuing availability the Server and the Services but we shall not, in any event, be for Service interruptions or down time of the Server.

Property Rights and other consents

You are solely responsible for obtaining any and all necessary intellectual rights clearances and/or other consents and authorisations, without limitation, clearances and/or consents in respect your proposed domain name and merchant services agreements between and the relevant financial institutions.

Indemnity

You agree to indemnify and keep indemnified and hold us harmless and against any claim brought against us by a third party resulting the provision of Services by us to you and your use of the , and in respect of all losses, costs, actions, proceedings, , damages, expenses (including reasonable legal costs and ), or liabilities, whatsoever suffered and howsoever incurred us in consequence of your breach or non-observance of these terms.

Termination

1. We may terminate this agreement forthwith if you fail to pay sums due to us as they fall due.

2. We may terminate this agreement immediately if you breach any these terms and conditions, or if you are a company you go into liquidation, or if you are a person you are declared bankrupt.

3. On termination of this agreement we shall be entitled immediately block your Web Site and to remove all data located on it. We hold such data for a period of 14 days and allow you to collect , at your expense ($150/hr), failing which we shall be entitled delete all such data. We shall further be entitled to post such in respect of the non-availability of your Web Site as we fit.

4. If you wish to terminate your account with Linuxoptic.com, you must do so by notice in writing giving 30 days notice prior to the termination the contract period, the original of which is to be sent to our at Linuxoptic.com P.O. Box 27103 Las Vegas, NV 89126 Australia , otherwise account will be automatically renewed for the same subscription and you will be liable for, and immediately invoiced upon commencement of, such additional subscription period. Specifically, will not accept verbal instructions to terminate an account.

5. On receipt of your cancellation request, Linuxoptic.com will cancel your at the first available opportunity and or on the date such is to take effect.

6. There are no refunds, once an invoice is generated, unless an for a service is generated after a cancellation requested submitted.

Payment

1. All charges payable by you to us for the Services shall be in with the relevant scale of charges and rates published time to time by us on our Web site and shall be due and payable seven (7) days of receipt of our invoice thereafter.

2. The provision by us of the Services is contingent upon our having payment in full from you in respect of the relevant Services. prejudice to our other rights and remedies under this agreement, any sum payable is not paid on or before the due date, we reserve right, forthwith and at our sole discretion, to suspend the of Services to you.

3. If you fail to make payment within the terms of this agreement, will become liable for the cost of collection. This will include on any overdue amount, calculated at the daily rate of 18.5% per annum, from the date of the payment is due.

4. Upon provision of a credit card account, you give us authorisation automatically debit your credit card for all charges on issuance a valid invoice.

Severability

If any clause of these terms and conditions is held to be invalid unenforceable in whole or in part, the invalid or unenforceable shall be deemed to be omitted.

Assignment

The benefit of this agreement may be assigned by us, but not our to you - to do that, you agree that we may give notice you in writing, and your failure to respond will be deemed acceptance. may transfer this agreement provided that you give us notice the form we require (setting out the details of the assignee) by payment of any transfer fee specified by us. No other of transfer by you is permitted.

Entire Agreement

These terms and conditions constitute the entire agreement and you, and supersede all prior agreements, understandings representations whether oral or written. No oral explanation oral information given by any party shall alter the interpretation these terms and conditions. Except as provided above, no variation be made to the contract unless it is in writing and signed by representatives of you and Linuxoptic.com.

Entire Agreement, Governing Law

This agreement shall be governed by the laws in force in the state New South Wales. Both parties hereby submit to the exclusive of the Courts of that State.