Important Legal Agreements
Techsmith Pty Ltd provides web hosting and ICT services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Techsmith Pty Ltd are subject to the following terms of service:
You agree to use all Techsmith Pty Ltd services and facilities at your own risk. Techsmith Pty Ltd specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Techsmith Pty Ltd be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Techsmith Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Techsmith Pty Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Techsmith Pty Ltd against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Techsmith Pty Ltd's server.
Techsmith Pty Ltd reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Techsmith Pty Ltd's server. Techsmith Pty Ltd shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan.
We accept all payment methods available to us via PayPal processing. No services will be provisioned until payments have cleared. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
All accounts are billed according to the dates they were first activated on. If you will not pay for service renewal before the due date, your account may be suspended. If you have not paid for service renewal within 2 days of suspension, your account may be terminated. You will receive an email reminder prior to services becoming due for payment.
Acceptable Use Policy
Last Updated: Thursday, 1st January, 2013.
This policy will outline what Techsmith Pty Ltd deems to be unacceptable use of services that are provided by Techsmith Pty Ltd (ACN: 155 648 347) ("we" and "us" and "our") to the customer/client ("you" and "your").
We will make adjustments to this policy from time to time. When amendments to this policy are made, we will notify you of the changes to which you will then be obliged to comply with the amendment of this policy.
Should you not agree to this Acceptable Usage Policy, you must notify us of the cancellation of your service(s) in writing by FAX within 24 hours of notification.
2. To whom this policy applies to.
This policy applies to the owners and operators of all services provided by Techsmith Pty Ltd. This policy is also directed at the users or customers who may want to lodge a complaint about alleged breaches of this policy.
The user of our services that contravenes the various Commonwealth and State laws of Australia that govern many aspects of the Internet us, by definition are found to be unacceptable use. Techsmith strongly advises the owners and operators of the services hosted by us to familiarise themselves with these laws and to a hear to them at all times.
3. Customers' agreement to comply with the Acceptable Usage Policy.
It is condition of contract that all customers agree to complete with this Acceptable Usage Policy. Your decision to purchase service(s) from Techsmith Pty Ltd will signify your acceptance of the terms of this Acceptable Usage Policy.
4. Techsmith Pty Ltd responsibilities.
We will take the measure required to ensure all owners and operators of our services we host comply with this agreement. We reserve the right to monitor your compliance and take action we deem is necessary. We are obliged to act on any complaints from a person or another Techsmith customer and will fully cooperate with law enforcements agencies.
5. Unacceptable usage by customers
You agree not to use our services or attempt to use the service in any way that;
i) Breaches the Law Results in you or Techsmith Pty Ltd being involved in a breach of law, order of regulation
ii) Obscene and abusive You may not publish, transmit or store any material that is seen to be obscene or abusive in any shape, form or manner on the Techsmith Pty Ltd servers and network.
iii) Offensive Content You may not publish, transmit or store any material (promotes or related to child pornography, bestiality, non- consensual sex acts, any form of violence, language that is seen as harassing or hate speech, deformation) on the Techsmith servers and network.
iv) Bulk & SPAM E-Mail You may not use Techsmith mail servers (or any of our servers or services) to send bulk e-mail unless otherwise requested and written agreement has been approved by Techsmith.
v) Illegal business practices Engages in any misleading or deceptive business practice as well as marketing and promotions. This also involves any form of illegal pyramid selling schemes.
6. Excessive Resource Usage
Excessive resource usage results in excessive loads being generated on our servers, network and other resources which results in undue burdening to other Techsmith Pty Ltd clients or of the service in general.
7. What we will do about unacceptable use.
It is at the discretion of Techsmith Pty Ltd to suspend or terminate a customers access to any or all services provided by Techsmith Pty Ltd if found to be in breach of the terms of this Acceptable Usage Policy.
Techsmith Pty Ltd reserves the right to decide whether any action would constitute an unacceptable use of the service and may take the appropriate action required to suspend or terminate the service. Techsmith Pty Ltd decision will be final.
Techsmith Pty Ltd will not automatically assume or allege any unacceptable usage against you unless proven and the situation has been accessed by Techsmith Pty Ltd.
Should your account be in breach of the terms of this Acceptable Usage Policy in section 6, Techsmith Pty Ltd is obliged to seek legal advice and to report the matter to the relevant government authority to further investigate. Should the government authority require a copy of data; this will be provided to them without the consent of the customer Nevertheless, Techsmith Pty Ltd reserves the right to suspend or terminate your account without any notification to you if the circumstances dictate that immediate action is required.
8. Complaints process.
Should customers and non-customers require making a complaint, it is requested that this be sent to firstname.lastname@example.org. All complaints will be kept on record and investigated properly by Techsmith. We will attempt to resolve the issues to the best we can for the satisfaction of the complainant. If unsuccessful in resolving the issues, Techsmith Pty Ltd will provide your contact details to the complainant (we will comply with all Privacy Laws in regards to this matter) to allow them to resolve any issues. Should this step become unsuccessful in resolving any issues, we will then advise the complainant with the correct contact details provided by us to contact the Australian Broadcasting Authority or the correct government authority. Depending on the outcome from both parties involved in the complaint, Techsmith Pty Ltd reserves the right to make the final decision to either suspend or terminate the service should we see fit.
9. Liabilities & Indemnities
Techsmith Pty Ltd will not be held liable for any loss of benefit you might incur while your service is suspended or terminated where you've breach the terms on this Acceptable Usage Policy. Should we be required by the Australian Broadcasting Authority under a taken down notice in accordance with its obligation under the Broadcasting Services Amendment (Act in 1999) or notice from a government authority department to take down your service, we will do so without notification. You agree to indemnify Techsmith Pty Ltd against any claim a user or another customer might make as a result of any loss of benefit or damages they will incur as a result of a breach of this Acceptable Usage Policy.
All services provided by Techsmith Pty Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Council 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 harmless Techsmith Pty Ltd and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Techsmith Pty Ltd servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Limitation of Liability
Techsmith Pty Ltd shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Techsmith Pty Ltd servers going off-line or being unavailable for any reason whatsoever. Furthermore, Techsmith Pty Ltd shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Techsmith Pty Ltd servers. All damages shall be limited to the immediate termination of service.
Techsmith Pty Ltd cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Techsmith Pty Ltd are resold. Thus, certain equipment, routing, software, and programming used by Techsmith Pty Ltd are not directly owned or written by Techsmith Pty Ltd. Moreover, Techsmith Pty Ltd holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Techsmith Pty Ltd sees fit. FURTHERMORE, Techsmith Pty Ltd retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.