Setlogic Terms of Use
Introduction
This Policy represents Setlogic’s (herein referred to as Setlogic) Terms of Use ("Policy") applicable to web hosting for customers of Setlogic and supersedes any other written or oral Policy. The term 'Setlogic' refers toSetlogic and other companies delegated through Setlogic. This policy carries over to any company working in association with Setlogic in web hosting. Setlogic reserves the right to edit the Policy, amplify the Policy, as well as discontinue or change services offered. Any questions regarding these terms and conditions should be directed via email.
By using any of the web services offered by Setlogic, Customer is bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, may result in cancellation of the Customer account or such other action as Setlogic, in its sole discretion, may deem appropriate.
System & Network Security
1. Customer may not tamper with other accounts, or commit unauthorized intrusion into any part of Setlogic's systems, or use any of Setlogic's machines, files, accounts, networks to intrude without authorization into any other system.
2. Customer may not use Setlogic services not included in Customer’s account, or devise ways to circumvent security in order to access services Customer is not paying for.
3. Customer may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. Customer may not make deliberate attempts to interfere with a service, overload a service or attempt to disable a host.
Email
1. Customers may not continue to send commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication.
2. Setlogic prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.
3. Customers may not forge header information.
4. Setlogic prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.
5. Setlogic prohibits the use of and reserves the right to cancel any customer account, which promotes its business by means of spamming, using either Setlogic or other ISPs networks.
Billing
1. All announced prices are in AU (Australian) Dollars and may be required to be paid in advance of service.
General
1. Web site hosting, design and all other services provided to the Customer by Setlogic may only be used for lawful purposes. Customer will use the web hosting services in a manner consistent with any and all applicable laws of Australia, and the Australian Government.
2. Setlogic reserves the right, in its sole discretion, to deactivate the Customer's web hosting account(s) upon an indication of credit problems including delinquent payments.
3. Setlogic hosting and design service is provided on an "as is, as available" basis. Setlogic gives no warranty, expressed or implied, for the web hosting / design services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by Setlogic or its providers beyond the fees paid by Customer to Setlogic for services.
4. Setlogic is not responsible for any damages arising from Customer's use of Setlogic or by Customer's inability to use the web hosting services for any reason.
5. While Setlogic shall make every reasonable effort to protect and backup data for Customer on a regular basis, Setlogic is not responsible for Customer's files residing on Setlogic servers. Customer is solely responsible for independent backup of data stored on Setlogic servers.
6. Customer hereby agrees that any material submitted for publication on Setlogic through Customer's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any harassing and harmful materials or uses. Customer hereby agrees to indemnify and hold harmless Setlogic from any claim resulting from your publication of materials or your use of those materials. Setlogic may or may not give notice before deactivating the use of an account(s) which Setlogic decides is an abusive or unethical use of the web hosting account(s) or host server(s).
7. Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. Setlogic is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Setlogic or its customers may utilize.
8. Setlogic maintains control and any ownership of any and all I.P. Numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all I.P. numbers and addresses.
9. Use of any information obtained via Setlogic is at your own risk. Setlogic specifically denies any responsibility for the accuracy or quality of information obtained through its services.
10. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
11. If Setlogic cancels Customer's account for any reason, Customer agrees not to re-register without a consultation with an Setlogic representative.
12. Setlogic requires that Customer is qualified to contract. Setlogic cannot accept payments from persons who are not at least eighteen (18) years of age. Customer will be held responsible for keeping all billing data for Setlogic accurate and up to date. False data supplied for the contract between Setlogic and Customer will be grounds for account termination.
13. The Customer agrees to defend, hold harmless, and expeditiously indemnify Setlogic from any and all liability, claim, loss, damage or expense arising out of Customer's breach or violation of any covenant contained in this Policy, or resulting from the Customer's use of the service.
14. Customer agrees to waive and hold Setlogic harmless from any claims relating to any action taken by Setlogic as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, Customer cannot sue or recover any damages whatsoever from Setlogic as a result of the decision to remove material from its server, or to suspend or terminate Customer 's account.
15. The Customer may only access the server by means of the Internet, an interstate common carrier of information or through an Setlogic representative.
16. Setlogic reserves the right to kill off CPU intensive processes.
17. Setlogic has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on Setlogic's Hosting Services. Setlogic will only access and disclose information as necessary to comply with applicable laws and government requests, to provide Setlogic Services, to operate or maintain its systems or to protect itself or its customers.
Policy Enforcement
1. When Setlogic becomes aware of an alleged violation of its Acceptable Use Policy, Setlogic will initiate an investigation. During the investigation Setlogic may restrict Customer 's access in oSetlogicer to prevent further possible unauthorized activity. Depending on the severity of the violation, Setlogic may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Setlogic will notify the appropriate law enforcement department of such violation.
Copyright Infringement
1. If Setlogic becomes aware of material that could be infringing on a third party's copyright, posted by Customer, it will initiate an investigation. If Setlogic receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the Customer 's materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, Setlogic, in its discretion, may, at any time, deny access to the challenged material of Customer.
2. Setlogic will notify Customer of the copyright infringement allegation and will allow Customer to respond to the allegation(s).
3. Setlogic shall have no liability, directly or indirectly, to Complainants or third parties for Customer's infringing copyrighted materials. Customer shall reimburse Setlogic for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.
Content
1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal Government, Province or City law 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. The subscriber agrees to indemnify and hold us harmless 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 prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.
Examples of non-acceptable content or links:
Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3 Warehousing
Setlogic will be the arbiter as to what constitutes a violation of this provision.
Reporting Network Abuse
1. Any party seeking to report any violations of Setlogic's policy may contact via Setlogic via email. |
