TECHNOHOST PTY LTD

Terms and Conditions

GENERAL TERMS & CONDITIONS

1.

Introduction

These are Technohost Pty Ltd (ACN 107 310 225) (“Technohost” or “we” or “us”) Terms & Conditions of the Agreement for the Supply of Technohost Services offered from time to time on the Technohost web site (“the Service”) to the Client.

These Terms & Conditions, consist of General Terms & Conditions, Domain Name Registration Terms & Conditions, Hosting Terms & Conditions and the Acceptable Use Policy (AUP) together with any applicable Published Policies of Internet Corporation for Assigned Names and Numbers (“ICANN”) (found at www.icann.org) and .auDA Domain Administration Limited (ACN 079 009 340) (“auDA”) (found at www.auda.org.au) and apply to the Client as a user of the Service (“Client” or “you”).

Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions. The terms and conditions supersede all prior agreements, understandings and representation whether oral or written. This document is a legally binding agreement and incorporates the AUP.

2.

Definitions

In this document, unless the context requires otherwise:

Account means an account provided to use a Service supplied by Technohost.

Domain Name Licence means the licence to use the Domain Name which is the subject of your application.

Intellectual Property includes but is not limited to the name, common law and registered trade marks, patents, copyrighted material, data, logos, designs, documentation, insignias, emblems, know-how, procedures, manuals, training methods and programs, marketing information, client lists and other confidential information, computer software and all other material however embodied.

Registry Operator means the operator of the domain names registry for the Domain Name.

Service means the services for which Technohost is contracted to provide to the Client from time to time in accordance with those offered on the Technohost web site www.technohost.net.au from time to time.

Suspension means Technohost initiated restriction or interruption to Service(s) due to non-payment of account or breach of these terms and conditions or AUP.

3.

General Terms & Conditions

The following terms and conditions apply to the provision of all Services provided from time to time by Technohost.

3.1 Services

(a) Technohost shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time.

•  A Service will not be provided without either a signed application form or an online application submitted and appropriate consent to enter into a legal contract.

•  We reserve the right to refuse to provide a new applicant with a new account for a Service.

•  You must comply with all laws, regulations, standards and codes applicable to your use of the Services. You must promptly notify us of any orders or directions issued by a relevant body which may impact on the delivery of Services.

•  You grant Technohost a non-exclusive licence to use, transmit, display, adapt and reproduce your data in order to provide the services to you.

3.2 Intellectual Property Rights and other consents

You warrant that you have obtained all necessary Intellectual Property authorisations, licences, and consents, including but not limited to, authorisations and consents to perform your obligations and exercise your rights under these terms and conditions and that these are granted to us for this purpose.

3.3 Payment

•  You must pay for the Service including set up fees, time charges, minimum charges and other amounts incurred by you or any designated user or incurred as a result of any use of the your password (whether authorised or not) in accordance with the billing option selected.

•  Price published on our web site are exclusive of any government taxes or charges unless otherwise noted and are exclusive of any registration or delegation charges imposed by domain name authorities.

•  You must provide and pay for:

•  the installation and use of telephone lines and all other equipment needed to access the Service; and

•  all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other Service or goods supplied.

•  all amounts invoiced in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you must give us authorisation to debit the credit card and all subsequent cards issued in renewal of that card for all charges.

•  The invoicing period is on a monthly cycle beginning when you register.

• On cancellation of account we will refund any unused part of your advance, for calculating such unused part, any part of a month when service was provided by us will be taken as full month and full month's fee will be deducted. Any overage charge or any other charge as per the terms and condition will be deducted before calculating the amount due to the customers. Note Any account which is terminated or cancelled due to violation of our terms and conditions and/or AUP shall not be elligible for any refund.

3.4 Warranties

(a) You acknowledge and agree that:

(i) the Services provided are not continuous or faultless or error free and that interruptions, delays, faults, degradations and outages to Services may occur from time to time;

(ii) the Services may not meet your requirements; or

(iii) the Services may not be free from external intruders (hackers) or other persons having unauthorised access to our Services or systems.

(b) You warrant that:

•  at the time of entering into this agreement you are not relying on any representation made by us, which has not been stated expressly in this agreement, including any catalogues or publicity material which we have produced;

•  you will conduct tests and computer virus scanning as may be necessary to ensure that Client data uploaded or download by you from the server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person;

•  you will keep secure any passwords used to upload Client data to the server;

•  you hold and will continue to hold the Copyright in the Client data or that you are licensed and will continue to be licensed to use the Client data; and

•  you will maintain a recent copy of all your Client data at your premises at all times and you warrant that we will not be liable for incomplete, out of date, corrupt or otherwise deficient client data recovered from our backups.

(c) You agree that it is a condition of your use of the Service that you comply with and abide by our AUP and Privacy Policy which is located at http://www.technohost.net/tos.php and the Privacy Policy which is located at http://www.technohost.net/privacy.php and agree that the terms of those policies form part of this agreement between you and Technohost.

(d) You acknowledge that you are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.

(e) Except as provided in clause 3.5(a) below, we are not liable to you or any other person for:

•  any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service;

•  the content, context or confidentiality of any communications made using the Service; and

•  the loss or damage caused by third party software applications forming part of the Service.

3.5 Indemnity & Limitation of Liability

•  Except as provided in this agreement or by statute, Technohost's warranties whether express, implied, statutory or otherwise, relating in to the subject matter of this agreement, are excluded.

•  You fully indemnify and keep indemnified Technohost, its employees, officers, directors, contractors and any other representatives and hold it harmless from and against any claim brought against us by a third party resulting from the provision of Services by us and your use of the server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of a breach by you or non-observance of these terms and conditions.

•  If permitted by statute, our liability for any breach of the term will, be limited, to the payment of the cost of having the Services supplied again.

•  You accept responsibility for all Client data, information and material you issue over any Service, and indemnify us and our representatives and hold us harmless against any liability in relation thereto.

In particular you undertake that you shall not publish or issue any Client data or information which is illegal, immoral or defamatory. You also acknowledge that we do not vet or approve any Client data, information or material available through the Service and that we do not accept any liability. You access and use such Client data, information and material at your own risk.

•  You indemnify Technohost's provision of Services against all costs, expenses, loss or liability that you or any other person may suffer (directly or indirectly) resulting from:

•  provision of services;

•  a breach of these terms;

•  your use or misuse of the Service by any person using your account;

•  publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your Service.

3.6 Suspension

(a) We may from time to time, without notice to you, suspend the Service or disconnect or deny your access to the Service:

•  during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable;

•  if you fail to comply with this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied;

•  Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due at the commencement of the suspension period through the period of suspension and a suspension does not constitute termination of the your obligations under these terms and conditions.

•  We may without notice to you remove, amend or alter your Client data upon being made aware of:-

•  any illegal, defamatory, offensive or immoral data on your web site;

(ii) any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights;

•  if directed to do so by the Australian Broadcasting Authority under a “take down notice”, in accordance with the Broadcasting Services Amendment (Online Services) Act 1999 ; or

•  an outside party or outside device disrupts or attempts to disrupt the Services.

•  You agree that suspension of an account or Service, by us, does not terminate this agreement unless terminated by us.

3.7 Termination

(a) Subject to any statutory law, this agreement may be terminated by us without notice, if at any time:

•  You fail to pay any sums due to Technohost as they fall due;

•  You breach or fail to observe any of these terms and conditions; or

•  You are declared bankrupt, or the Client company becomes insolvent.

•  If you wish to terminate this agreement with us, you must provide written notice within 14 days of the termination date.

•  On receipt of your termination / cancellation request we will cancel your Service at the first available opportunity.

•  You acknowledge that:

•  There are no refunds, once an invoice is generated, unless an invoice for a Service is generated after a cancellation requested is submitted; and

•  You may have to pay reconnection charges for the suspension or termination of Services.

(b) Technohost reserve the right to refuse service and/or terminate account at any time for any reason:

•  If the termination is not because of your beach of the terms and condition then we will refund any unused part of your advance, for calculating such unused part, any part of a month when service was provided by us will be taken as full month and full month's fee will be deducted. Any overage charge or any other charge as per the terms and condition will be deducted before calculating the amount due to the customers.

Upon termination of this agreement:

•  We shall be entitled to immediately block your web site and remove all data located on it.

We will hold such data for a period of 14 days and allow you to collect it within that time, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of the Clients web site as we see fit;

•  You must pay all outstanding charges to us immediately;

•  Any licence issued to or by you in relation to the Services will cease from the date of termination; and

•  Technohost or its Supplier may delete all Client data from any storage media.

3.8 Miscellaneous

(a) We may use subcontractors to fulfil any or all of its obligations under this Agreement.

•  A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.

3.9 Severability

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

3.10 Assignment

The benefit of this agreement together with the obligations to you may be assigned by us without prior consent or notice to the Client.

You shall not assign or transfer this agreement without the prior written consent of Technohost.

3.11 Change to Terms on Renewal

Technohost reserves the right to modify these terms and conditions and the AUP from time to time. Details of the current terms and conditions and AUP are available at: http://www.technohost.net/tos.php

3.12 Governing Law

This agreement shall be governed by the laws in force in the State of Queensland, Australia. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.

WEB HOSTING TERMS & CONDITIONS

1.

Introduction

These terms and conditions form part of the General Terms and Conditions above and the AUP, and shall constitute the entire agreement between Technohost and you for web hosting Services offered from time to time on the Technohost web site at www.technohost.net

2.

Service

2.1 We will assign to you a logon name and password which provides you with access to the web site and directory created for your web site. Technohost will provide you with web hosting and email Services in accordance with the web hosting product that has been selected by you.

2.2 We will advise you of any changes affecting your site by email or notice on Technohost ' s home page at www.technohost.net

2.3 We will archive your Client data onto backup mechanisms on a regular basis for the purpose of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive however we cannot guarantee the availability of such archive.

2.4 In the event of corruption of Technohost ' s archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. Technohost will not be liable for incomplete, out of date, corrupt or otherwise deficient Client data recovered from Technohost ' s backups.

2.5 You will maintain a recent copy of all your Client data at your premises at all times and that we will not be liable for incomplete, out of date, corrupt or otherwise deficient client data recovered from our backups.

3.

Miscellaneous

You grant to us a license to use and reproduce all Client data in order to fulfil our obligations under this agreement.

DOMAIN NAME ("DN") REGISTRATION TERMS & CONDITIONS

1.

Introduction

These terms and conditions form part of the General Terms and Conditions above, the AUP and any applicable Published Policies of ICANN and .auDA, and shall constitute the entire agreement between Technohost and the Client (referred to as the “Licensee” or “you”) for the registration of the Domain Name on the Internet.

2.

Domain Name Application & Registration

2.1 Your application for a Domain Name must be in the form prescribed under the ICANN or auDA Published Policies. The Domain Name must comply with the relevant ICANN or auDA Published Policies.

2.2 Acceptance of a Domain Name Application by Technohost does not guarantee acceptance by the Registry Operator. Accordingly, you should take no action in respect of the requested Domain Name(s) until you have been notified that the requested Domain Name has been registered. Technohost takes no responsibility of any action taken by you before the registration of the Domain Name.

2.3 You accept that neither you, nor Technohost, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the Domain Name registry.

2.4 You accept that both the registration of the Domain Name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them.

3.

Domain Name Licence

3.1 The Domain Name licence will be effective for the specified number of years, once:

•  the application is accepted and approved by us and by the Registry Operator, and

•  you have paid the applicable fees.

Unless it is cancelled earlier under the terms of this agreement or under any Published Policies.

3.2 The Domain Name licence may be renewed before its expiry , as long as you:

•  pay the applicable renewal fees; and

•  continue to meet the eligibility criteria prescribed in the Published Policies.

•  You accept that it is your responsibility to ensure that the Domain Name Licence is renewed.

•  We may give you a notice of renewal at the contact email address specified by you on registration. You are responsible to maintain the correct contact info for the domain.

4.

Warranties

4.1 The Licensee Warrants:

•  That you meet and will continue to meet for the period of its Domain Name registration, the eligibility criteria prescribed in the Published Policies for registering a Domain Name.

•  That all the information set out in their Domain Name application, and all information given to us, are true and correct, and not misleading or deceptive, and that any future additions or alterations to those details will also be true and correct and not misleading or deceptive.

•  That you have not previously applied for registration of a Domain Name which is the same as the Domain Name, in circumstances where:

•  you are relying upon the same eligibility criteria for both Domain Names; and

•  the Domain Name had not previously been applied for registration and had it rejected by the other registrar.

•  Your registration or use of the Domain Name does not infringe any person's legal rights.

4.2 You agree to indemnify us and auDA and ICANN separately for any loss or damage suffered as a result of any reliance upon the above statements.

5.

Technohost Obligations

5.1 We will:

•  Process your Domain Name Application and consider whether to accept or reject it in accordance with the criteria laid down in the Published Policies in force at the time of the application.

•  (If the Domain Name is accepted and approved by Technohost), cause your Domain Name details to be entered into the Domain Name registry.

•  (If the Domain Name is not accepted by Technohost), notify you or your agent that the Application was not successful, and the reasons why.

6.

Licensee Obligations

6.1 Throughout the period of your Domain Name Licence, the Licensee agrees:

•  to read and comply with the terms of the Published Policies.

•  to notify us of any change to any information which they may have given to us.

•  to pay the charges for the licence of a Domain Name or any related Domain Name Service, in accordance with our rates as set out on the Technohost web site www.technohost.net.au from time to time. You agree to pay such charges:

•  at the rates set out on our web site at the time your Domain Name Application is submitted to us; and

•  in accordance with the payment terms set out at the web site at the time your Domain Name application is submitted to us.

•  to promptly notify us of any actual or threatened proceedings brought in respect of the word/s used as a Domain Name whether by or against you.

6.2 You must not, directly, or indirectly through registration or use of the Domain Name or otherwise:

•  register a Domain Name for the purpose of selling it;

•  register a Domain Name for the purpose of diverting trade from another business or web site;

•  deliberately register as a Domain Name misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill;

•  register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another Licensee from registering it; or

•  grant or purport to grant a security interest or other encumbrance in a Domain Name.

7.

Use of Information

7.1 The Licensee grants to:

(a) Technohost, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the Domain Name registry.

Provided that such disclosure is consistent with the National Privacy Principles specified in the Privacy Act 1988 (Cth), and the Published Policies.

8.

Dispute Resolution Policy

8.1 In the event of a dispute between the registrar and a Domain Name licence holder, or between a Domain Name licence holder and a third party, in relation to entitlements to Domain Names, the ICANN or auDA dispute resolution policy (auDRP the .au Dispute Resolution Policy) shall apply.

8.2 If the Licensee goes into dispute with another party they will attempt to negotiate a resolution.

ACCEPTABLE USE POLICY

1.

Introduction

This is Technohost Pty Ltd (ACN 107 310 225) (“Technohost” or “we” or “us”) Acceptable Use Policy (“AUP”) which forms part of the Agreement for the Supply of Technohost Services offered from time to time on the Technohost web site (“the Service”) to the Client (“you”). Technohost's AUP is provided to give customers and users of Technohost Services a clear understanding of what we expect of them while using the service. All users of Technohost Services, must comply with this AUP.

Use of the Technohost Service, constitutes acceptance and agreement to Technohost's AUP.

Technohost reserves the right to change this Policy at any time, so please, check this page at least once a month or when in doubt.

Technohost strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Technohost customers and us against such harm.

IMPORTANT NOTICE: * Pornography and sex-related merchandising are prohibited on any Technohost's Services server EXCEPT those on servers that have clearly stated that such content is allowed upon signing up. This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Technohost's Services servers or any other server on the Internet. Links to such materials are also prohibited. All IRC related activities are strictly prohibited and can be cause for immediate account termination!

We do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Technohost may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this TOS and/or AUP may result in the suspension or immediate termination of your Technohost account and other services provided by us WITHOUT PRIOR NOTICE.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which Technohost determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

2.

Unacceptable Uses

Some unacceptable use of our service are ,but are not limited to, the following:

2.1 Illegal use: Technohost's services may not be used for illegal purposes, or in support of illegal activities. Technohost reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2.2 Harm to minors: Use of the Technohost's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

2.3 Threats: Use of the Technohost's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

2.4 Harassment: Use of the Technohost's service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

2.5 Fraudulent activity: Use of Technohost's service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

2.6 Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

2.7 Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Technohost's service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Technohost's account.

2.8 E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Technohost's account.

2.9 E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Technohost's service is in violation of this AUP.

2.10 Usenet SPAMing: Technohost has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

2.11 Unauthorized access: Use of the Technohost's service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Technohost's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Technohost account is subject to immediate termination.

2.12 Copyright or trademark infringement: Use of the Technohost's service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

2.13 Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

2.14 Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Technohost's services could result in suspension service.

3.

Network

3.1 IP Address Ownership: If Technohost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Technohost, and Customer shall have no right to use that Internet Protocol address except as permitted by Technohost in its sole discretion in connection with the Services, during the term of this Agreement. Technohost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Technohost, and Technohost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

3.2 IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a USD 35 fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of Technohost.

3.3 Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Technohost will monitor Customer's bandwidth and disk usage. Technohost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Technohost's sole and absolute discretion. If DIS takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Technohost may, at its sole discretion, collect a deposit, in an amount determined by Technohost, against customer's credit card on file with Technohost.

3.4 System and Network Security: Users are prohibited from violating or attempting to violate the security of the Technohost Network. Violations of system or network security may result in civil or criminal liability. Technohost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading,
    "flooding", "mail bombing" or "crashing".
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action in order to obtain services to which such User is not entitled.

4.

Indemnification Policy

•  Technohost reserves the right to refuse Service to anyone for any reason not prohibited by law.

•  What Technohost may do to ensure that this policy is being followed - monitor account, but will respect privacy; try to contact Client; terminate account and/or notify the authorities; warn via email; suspend access; terminate account without notice;

•  Technohost requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@technohost.net

If available, please provide the following information:

  • The IP address used to commit the alleged violation

  • The date and time of the alleged violation, including the time zone or offset from GMT

  • Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Technohost may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings

  • Suspend the Member's newsgroup posting privileges

  • Suspend the Member's account

  • Terminate the Member's account WITHOUT PRIOR NOTICE

  • Bill the Member for administrative costs and/or reactivation charges

  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

5.

Revision of policy

Technohost reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.

PRIVACY POLICY

1.

Introduction

1.1 Technohost Pty Ltd (ACN 107 310 225) (“Technohost” or “we” or “us”) understands that the privacy of your personal details is of paramount importance to you, and we are committed to the protection of your privacy.

Technohost's Privacy Policy sets out when and why we collect your personal information, and what use we make of that information. The Policy also explains where and why your information may be disclosed to third parties and the security measures used by Technohost to help protect your personal information.

We have based our policy upon the Internet Industry of Australia's (IIA) draft Privacy Code of Practice, which adopts internationally recognised Privacy protection standards (such as the “Safe Harbour” principles required by most European countries). The IIA Code also covers the requirements of the Australian Privacy legislation.

2.

Information Collected

2.1 Technohost collects different information about you at different times. There are three broad categories of information that Technohost collects from you:

•  Information we require to supply our Services:

When you first sign up or contract with us for our Services, or when you make an inquiry about our Services, we request information such as your name, address, telephone number, facsimile number, Domain Name, email details of your primary and secondary contacts, payment / credit card details (if you are paying online) for administration, technical and billing issues. We may also ask for your age and gender.

We may also monitor and/or record telephone conversations with you from time to time in order to train staff and to improve our Service to you. We may also collect information about what Services you have ordered from Technohost or information about what Services you have enquired about.

•  Non personally identifying information:

In addition to the information you specifically provide above, we may operate statistic gathering software on our web site to collect information about the number of visitors coming to the site. No identifying information is collected by this software. The software records the IP address of the visitor only. This information may be used to improve our own technical structure and performance, and to determine which areas of our web site are most popular.

We may also make limited use of “cookies” on the web site. Cookies are pieces of information that a web site can transfer to an individual's computer in order to allow that web site to store information about the users preferences. It is possible to adjust your Internet browser to refuse cookies, but you may find that this reduces the functionality of this site.

•  Personal information stored on a web site hosted by Technohost:

Technohost may have personal information stored on our servers due to the fact that we host web sites for other organisations. Any information that is submitted to or collected by these organisation will be physically located on a Technohost server. This information, whether voluntarily provided or not, will not be used or released by Technohost in any manner, and it will be kept strictly confidential, unless we are required to release the information by law.

3.

Use & Disclosure of Information Collected

3.1 We collect and use personal information to operate our web site and deliver our Services to you. We will use your personal information to provide you with:

•  technical support;

•  billing and credit control;

•  sales support;

•  product upgrades; and

•  information.

3.2 You may stop the delivery of future promotional emails from Technohost by following the specific instructions in the email you receive. These instructions will tell you how to remove your name from our promotional email list.

3.3 We may use your personal information to:

•  contact you in relation to upgrading your use of our Services, special offers (from us or on behalf of third parties), with newsletters, surveys, and individual Service audits.

•  identify the source of new customers to Technohost;

•  monitor and address complaints, other feedback, and to resolve disputes;

•  in the case of credit cards, to bill you for Services;

•  in the case of ABNs, to verify your identity;

•  to maintain a technical and account history of your dealings with us, and to reestablish your account with us where you rejoin as a customer within six months after having terminated your account;

•  monitor your compliance with our Acceptable Use Policy and other terms and conditions of supply.

•  comply with our reporting and other obligations to third party licensors

3.4 We will treat all information we collect from you as strictly confidential. Technohost does not rent or lease its customers to third parties. We will not reveal, disclose, sell, distribute, rent, licence, share or pass onto any third party (other than those who are contracted or supply Services to Technohost) any personal information that you may have provided to us unless we have your express consent to do so, other than in the circumstances set out in the next paragraph.

3.5 We will disclose your personal information, without notice or your consent, only if:

•  we are required to do so by law or in the good faith belief that such action is necessary to conform with the laws, applicable code of conduct or legal process served on us in relation to our business or web site;

•  to protect and defend the rights of property of Technohost;

•  if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you;

•  if we sell our business or part of it; and

•  in extreme circumstances, to protect the personal safety of users of Technohost's Services, its web site, our staff or the public.

4.

Security

4.1 The credit card information that you provide and which we receive is stored on our systems that are designed to prevent the loss, misuse, unauthorised access, disclosure, alteration or destruction of that information.

4.2 If you do not wish to provide your credit card details over the Internet when joining Technohost you can download and complete the “print and fax order form”.

5.

Other Disclosures By You

5.1 You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately change it.

5.2 If you collect personal information which you keep on servers provided by Technohost as part of our Service to you (including email), you alone are responsible for compliance with the Privacy Act 1988 (Cth) in respect of that information. We take no responsibility for your dealings with personal information you may collect.

6.

Access / Changes to Your Personal Information

6.1 From time to time you may need to update your personal information. We keep this information in a secure environment which you can access through your helpdesk at http://www.technohost.net/support.php . In order to amend any of your personal information, you will be required to give your username and password which will be send to you in the welocme email.

6.2 If you contact us via telephone, you will need to answer a few security questions before any personal information is revealed or amended.

7.

Children's Privacy

7.1 Technohost does not knowingly collect, use or market any information to children without seeking parental or a guardian's consent. We also urge you to familiarise yourself with your legal responsibilities with regard to children and the Internet, which can be found in our Acceptable Use Policy.

8.

Complaints


8.1 If you have a complaint about any aspect of our Privacy procedures, please contact our Privacy Officer on privacy@technohost.net. We will deal promptly with your complaint. If we cannot resolve the complaint to your satisfaction within a reasonable time, you or we may refer the complaint to the Privacy Commissioner.

Last updated:
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Sunday 16th, May, 2004.