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Web Hosting Terms and Conditions

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of web development, technical support, web hosting, content management, ecommerce and other internet-related services provided by Easy Web Logic (the "Services"). As used in this Agreement, "us" or "our" means Easy Web Logic and "Client", "you", or "your" means you. "CMS" means any content management system software installed by Easy Web Logic for the purpose of enabling clients to edit and maintain their web content. By paying any invoice issued by us, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Easy Web Logic site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Easy Web Logic Site" refers to the Site located at the URL http://www.easyweblogic.com , or any other successor Sites owned or maintained by Easy Web Logic.

1. APPROPRIATE USE OF THE SERVICES.

Easy Web Logic provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Easy Web Logic server in connection with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Easy Web Logic or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate
- violate any Easy Web Logic policy posted on the Easy Web Logic Site including, but not limited to, our Acceptable Use Policy and Privacy Policy.
- contain viruses or other computer programming defects which result in damage to Easy Web Logic or any third party.
Disk Space/Data Transfer. The Client may occupy only the amount of disk space on the Easy Web Logic Server and utilize no more than the network data transfer that is allocated by Easy Web Logic. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Easy Web Logic, or otherwise, that mentions or reference any domain hosted on Easy Web Logic servers or parked on Easy Web Logic DNS servers. NOTE: THIS POLICY APPLIES TO ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON OUR SERVERS.

Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files and Processing. Easy Web Logic endeavours to perform daily backups on all servers which can be restored in the case of a system failure; however, it is the Clients responsibility to use the Backup feature of the CMS and keep their own copy of their site's database. It is also the Client's responsibility to keep a backup copy of all images and files uploaded to their site.
Termination. Easy Web Logic reserves the right to refuse service to anyone. Easy Web Logic, in its sole discretion, may immediately terminate this Agreement if Client breaches any part of this Agreement. To report any unacceptable behavior by a third party using the Services, please contact us.

2. PAYMENT OBLIGATIONS

Service Fees. Easy Web Logic shall produce invoices for any services rendered which will be delivered to the Client via email with clearly listed payment methods. All new accounts must be paid in full by the Client prior to the new account becoming active on our servers. Domain name registration fees must be paid upfront by the Client before the domain name will be registered. Easy Web Logic accepts no responsibility for domain names registered by another party prior to the Client paying the outstanding amount.
Invoice and payment timing. Recurring invoices will be issued to the Client fifteen (15) days prior to the due date. A reminder will be issued on the due date.
Late Payment Fee. If payment is not received by us within fifteen (15) days of the invoice date, the Client will incur a late payment fee of $10.00.
Account Suspension. If payment is not received by seven (7) days after the due date, a suspension notice will be issued to the Client. If payment is not received by fifteen (15) days after the due date the account will be suspended and a final notice will be issued to the Client for the total amount outstanding.
Reactivation Fee. A reactivation fee of $25 will be charged to reactivate any suspended account. Accounts will only be reactivated upon payment of the oustanding amount in full by the Client.
Non-Payment. Easy Web Logic shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments. If payment is not received by thirty (30) days after the due date the account will be terminated and all associated Client files will be deleted. At this point, account reactivation is no longer possible.
Debt Recovery Fees. Customer also shall pay to Easy Web Logic all expenses incurred by Easy Web Logic in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable Solicitors' fees and the fees of any collection agency retained by Easy Web Logic.
Taxes. Customer will be responsible for and will pay in full, any government taxes and fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Domain Names. If Client chooses to register a domain name(s) through Easy Web Logic, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Easy Web Logic does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Domain name registration fees must be paid up front. Easy Web Logic accepts no responsibility for domain names registered by another party prior to the Client paying any outstanding amount
Refunds: Web hosting customers of Easy Web Logic are eligible for a 60 day full money back guarantee. Should the customer choose to take advantage of the 60 day money back guarantee, all monies the customer paid for their hosting services will be refunded to them, with the exception of any initial/upfront development, installation or registration costs. Any other refunds will be only given at the discretion of Easy Web Logic management.

3. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall Easy Web Logic be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Easy Web Logic from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION & REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation. Sections 3 - 8 shall survive termination or expiration of this Agreement.
If Easy Web Logic suspends an account for non-payment, Client shall be allowed to re-instate Client's use of the Services within five (5) business days of cancellation upon approval from Easy Web Logic and full payment of balances due including any reactivation fees.
If a Client terminates their account, Easy Web Logic will disable the server/account the day the client specifies the account is cancelled and delete all associated files. Easy Web Logic will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

5. TAXES

Client will pay and indemnify and hold Easy Web Logic harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

THE SERVICES, THE EASY WEB LOGIC SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE EASY WEB LOGIC SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. EASY WEB LOGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EASY WEB LOGIC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL EASY WEB LOGIC BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE EASY WEB LOGIC SITE OR ANY EASY WEB LOGIC PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL EASY WEB LOGIC's CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500).

8. MISCELLANEOUS

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to Easy Web Logic:

Easy Web Logic,
10 Victoria Street,
St Kilda VIC 3182.

If to Client:

Name and address provided for account setup.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Easy Web Logic. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.

This Agreement is made under and shall be governed by the laws of Australia, except with regard to its conflict of law rules. This Agreement and Easy Web Logic’s policies are subject to change by Easy Web Logic without notice. Continued usage of the Services after a change to this Agreement by Easy Web LogicEasy Web Logic Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Easy Web Logic Site for any changes or additions. or after a new policy is implemented and posted on the