TERMS AND CONDITIONS OF SERVICE Game Server and Shared Hosting Terms & Conditions
Acceptable Usage Policy DEFINITIONS OF VIOLATIONS OF ACCEPTABLE USE POLICYDedicated Server Terms of Service Agreement 1. LAWSGame Server and Shared Hosting Terms & Conditions 1. Agreement 1.1 The service is provided by DATALECT PTY. LTD. (DATALECT), and the use of and the services provided therein ("Service") is governed by the following Terms and Conditions of Use. 1.2 Any person utilising DATALECT' Game Server or Shared Hosting Service, hereafter known as the ("Client"), agrees to follow and be bound by these "Game Server and Shared Hosting Terms and Conditions" without reservation. 1.3 DATALECT may amend this Agreement at any time by posting the amended Agreement on its web site and the effective date on which the amended Agreement is so posted. Without limiting the generality or effect of the foregoing, DATALECT may also add, delete or modify some or all of its Services at any time in its sole discretion. 2. Service 2.1 DATALECT agrees to provide Client with: (i) Space on one of DATALECT servers (Virtual Server) to host a site or game on the Internet (Web Site). (ii) a licence to use any DATALECT proprietary software, specifically designed for Game Server or Shared Hosting Clients. (iii) Various other services to facilitate the maintenance of the Web Site (collectively, Services) as more specifically set forth in Client.s Plan and this Agreement. 2.2 DATALECT shall provide the Services so that the Game Server or Web Site is accessible to third parties via the Internet as specified herein. 3. Responsibilities 4. Fees & Charges 4.1 Client shall pay DATALECT a 'Set Up' fee (if any) and a monthly, quarterly, half-yearly or annual fee as set forth in the DATALECT fee schedule for Client.s corresponding Plan. The fee schedule may be found on DATALECT web site and is hereby made part of this Agreement. All such fees due to DATALECT shall be received at DATALECT by 3:00 pm on the date due (Payment date). 4.2 Payments to DATALECT may be made by eCheque, PayPal Direct Deposit or Credit Card all via our PayPal Business Gateway in Australian dollars. All ClanWars payments are online only and no cheque, money order or Direct Bank Deposits will be accepted. DATALECT can refuse payment by credit card for amounts over AUD$1,000. 4.3 Credit cards can be charged up to seven (7) days prior to the Payment date as set forth in the specific Plan to the credit card number given to DATALECT at the time of registration for the plan. Payment of Credit card includes the authorisation to charge all recurring fees and charges to the Credit card on file with DATALECT. If the Client.s Credit card is denied for any reason, Client will be sent a notice by email. If payment is not received at DATALECT by the date due, DATALECT may make one final attempt to charge Client.s Credit Card on or around the due date. If payment is not secured by 3:00pm on the due date, Client will be sent a suspension of Services email which will grant 7 days to make payment. 4.4 Failure to pay any fees on or before the due date shall be deemed a material breach of this Agreement, justifying suspension of the performance of the Services by DATALECT, the immediate removal and deletion of all Client Content from the Virtual Server and will be sufficient cause for immediate termination of this agreement by DATALECT. Any such suspension does not relieve Client from paying past due fees plus interest thereon at the rate of 2% per month or the maximum allowable rate under applicable law, and in the event of collection enforcement, Client shall be liable for any costs associated with such collection, including but not limited to, legal costs, court costs and collection agency fees. 4.5 All fees are inclusive of all taxes and duties including Goods and Services Tax (G.S.T). All taxes will be itemised for the Client. 4.6 Excessive customization of Game Servers via modifications, non-standard or non-default map downloads may cause excessive data usage, in this instance the customer may be required to pay excess data usage charges unless the client has purchased the map storage option. Excess data usage will be charged as per the map storage option, or at DATALECT sole discretion. 4.7 Complete re-install of Game Server at a clients request, or the down-grading of a server to a previous version than that currently installed at a clients request, will incurr a AU$25.00 fee. This fee may be waived at DATALECT sole discretion. 5. Term, Termination and Renewal 5.1 Term. Upon acceptance by DATALECT, this Agreement shall remain in effect for the time frame set forth in the Client.s Plan (.Term.), unless otherwise terminated in accordance with this Agreement. 5.2 Termination for Breach. Except as otherwise provided herein, either party may terminate the Agreement on fourteen (14) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or non-compliance is not cured within such fourteen (14) day period. DATALECT reserves the right to immediately suspend any access to the Web Site until such breach or non-compliance is cured. 5.3 Termination for Convenience. Either party may terminate the Agreement for any reason with fourteen (14) days written notice to the other party. In the event of termination under this section by Client, Client shall not be entitled to a refund of any fees paid for the current Term and termination will only be affected once Client receives written communication from DATALECT. In the event of termination under this section by DATALECT, Client shall be entitled to a pro-rata refund of the fees paid during the current term, but only in the event that the Client was not in breach of the Agreement at the time the termination was given by DATALECT. 5.4 Renewal. The Term of this Agreement shall automatically be renewed for the same term as set forth in the Client.s Plan, unless prior to fourteen (14) days in advance of the end of the Term, Client either: (i) submits virtual cancellation authorisation found on DATALECT web site. (ii) Faxes a cancellation request to DATALECT containing the account name, password, reason for cancellation and signature of Client. (iii) request cancellation to: sales@datalect.com.au Termination will only be affected once Client receives written acknowledgement of receipt of cancellation request from DATALECT. 6. DATALECT Limited Warranties 6.1 7-Day Money Back Warranty. DATALECT hereby extends an unconditional money back-guarantee to Client during the first thirty (30) days of the initial term of the Client.s Plan, beginning upon the initial setup of Client.s Plan. Client shall provide DATALECT with written notice of the Client.s desire to terminate Services prior to the expiration of the thirty days. The written cancellation notice shall entitle the Client to a refund of any monies paid, excluding setup fees incurred by DATALECT for the service cancelled. 6.2 Price Warranty. For as long as Client utilises DATALECT Services as set forth in this Agreement and Client is not in breach of this Agreement, DATALECT agrees to limit changes to the Plan fees in place at the time of this Agreement, not more then 5% in any given 12 month period. The price warranty is only applicable to this account registration and upon receipt by DATALECT of the full amount of Client.s fees. 7. Warranty, Disclaimer, Limitation on Liability & Indemnity 7.1 Warranty Disclaimer. EXEPT FOR THE LIMITED WARRENTY SET FORTH IN SECTION 6, DATALECT MAKES NO WARRANTIES HEREUNDER, AND DATALECT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DATALECT AGENTS HAVE NO AUTHORITY TO GIVE SUCH WARRANTIES ON BEHALF OF DATALECT. 7.2 Limitation on Liability. IN NO EVENT SHALL DATALECT BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES PROVIDED BY DATALECT, INCLUDING WITHOUT LIMITATION, RELATED TO THE PERFORMANCE OR BREACH THEREOF, EVEN IF DATALECT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. DATALECT LIABILITY, IF ANY, TO CLIENT HEREUNDER SHALL IN NO EVENT EXCEED THE TOTAL AFTER TAX PROFITS OF DATALECT UNDER THIS AGREEMENT. IN NO EVENT SHALL DATALECT BE LIABLE TO CLIENT OR TO CUSTOMERS OF CLIENT FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY OF DATALECT IN THE DELIVERY OF THE SERVICES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, DELAYS CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS OR STRIKES. 7.3 Indemnity. Client agrees to indemnify, defend and hold harmless DATALECT, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability. 8. Miscellaneous Provisions 8.1 Publicity. DATALECT may refer to the name of the Client, the Clients product(s) or the business in which the product(s) are used in their customer listings, on their web site, in a customer profile, or in a press release, without the consent of Client. 8.2 Governing Law; Venue. This Agreement shall be governed by and shall be interpreted and enforced in accordance with the laws of the state of QLD (Australia) The parties agree that the sole and exclusive venue for any disputes arising hereunder shall be in a state a court located in QLD, Australia. 8.3 All content on the DATALECT Web Site is subject to and protected by the Copyright Act as amended and all rights are reserved by DATALECT. 8.4 All provisions of this Agreement shall be severable and no provision shall be affected by the invalidity of any other provision and in the event that some provision is construed as illegal, invalid, void or unenforceable the remaining provisions of this Agreement shall not be affected thereby and shall be interpreted and enforced as if such illegal, invalid, void or unenforceable provisions were not ever incorporated in this Agreement. 8.5 Client may not assign its rights and obligations under this Agreement without written consent from DATALECT. DATALECT Pty Ltd - Acceptable Use Policy The Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what DATALECT expects of them while using the service. All access to DATALECT' Internet services, including those who access our Services but do not have accounts, as well as those who pay to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service) DATALECT goals are to protect system resources, preserve the privacy and security of DATALECT and our customers, while maximizing the service provided to our users. Interpretation The provisions of this Policy are intended as guidelines and are not exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. DATALECT reserves the right at all times to prohibit activities that damage its commercial reputation or standing. However we support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances, except for measurements of system utilization and the preparation of billing records. 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, at our discretion, may be illegal, may subject us to liability, or which may violate this AUP. DATALECT will cooperate with legal authorities and/or authorised third parties in the investigation of any suspected or alleged criminal or nefarious civil activities. Violation of this AUP may result in the suspension or immediate termination of either your DATALECT account or other actions as detailed in the Violations section below - WITHOUT PRIOR NOTICE. If an account or related user account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to, and will, advise customers of inappropriate behaviour and express any necessary corrective actions. However, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. NOTE: All Payments To DATALECT Pty Ltd Are Non-Refundable. DEFINITIONS OF VIOLATIONS OF ACCEPTABLE USE POLICY The following constitute violations of this AUP: 1. Illegal use: DATALECT services may not be used for illegal purposes, or in support of illegal activities. DATALECT reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. 2. Harm to minors: Use of the DATALECT service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. 3. Threats: Use of the DATALECT service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. 4. Harassment: Use of the DATALECT service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. 5. Fraudulent activity: Use of DATALECT service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam. 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 information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. 7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the DATALECT 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 DATALECT account. IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. 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 DATALECT account. 9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the DATALECT service is in violation of this AUP. 10. Usenet SPAMing: DATALECT 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. 11. Unauthorized access: Use of the DATALECT service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DATALECT 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 DATALECT account is subject to immediate termination. 12. Copyright or trademark infringement: Use of the DATALECT service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking 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. 13. Collection of personal data: Use of the DATALECT service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. 14. Network disruptions and unfriendly activity: Use of the DATALECT service for any activity which affects the ability of other people or systems to use DATALECT Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. DATALECT will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. 15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. 16. Infringement of Copyright, Patent, Trademark, Trade Secret, Privacy, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. Using an DATALECT account to commit, aid or abet any violation of copyright or intellectual property law is prohibited. This prohibition includes publishing a private e-mail message to third parties, by any means, without the express prior consent of the author. 17. 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. 18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using DATALECT services could result in suspension service. 19. Third Party Accountability: DATALECT subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy. 20. Violation Of DATALECT Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. 21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination. Security You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. DATALECT will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Network Performance DATALECT accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of DATALECT systems or networks. DATALECT reserves the right to terminate or limit such activities. REPORTING VIOLATIONS OF DATALECT AUP DATALECT requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department. 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. DATALECT 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 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 REVISIONS TO THIS ACCEPTABLE USE POLICY DATALECT 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. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). E-mail Using any DATALECT account or server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail, is prohibited. Conduct in connection with e-mail that is an obvious nuisance (such as "mail bombing") or that would be unlawful in other contexts (for example, threats, harassment, defamation, obscenity, or software piracy) is prohibited. Adult Material DATALECT does not allow material which may be viewed as offensive including pornographic material to be distributed from our servers. Forgery of Identity Falsifying addressing information or otherwise modifying headers to conceal the sender's or recipient's identity, for the purpose of circumventing this Policy, is prohibited. This provision is not intended to disallow the use of aliases or autoresponders for any legitimate purpose. Co-operation with Other Providers Using DATALECT facilities to engage in activities that violate the Terms of Service of any network access provider is prohibited. For example, sending unsolicited commercial e-mail through DATALECT facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited. Consequences of Violation Violation of this Policy by a DATALECT customer may result in temporary suspension or permanent termination of service, at DATALECT sole discretion. DATALECT does not issue service credits for any outages incurred through service disablement resulting from Policy violations. Modification DATALECT reserves the right to add, delete, or modify any provision of this Policy at any time without notice, however will shall endeavour to notify all clients of changes to policies, agreements or any other relevant documentation. Please send reports of any activity in violation of this Policy to support@datalect.com.au DATALECT Dedicated Server Terms of Service Agreement DATALECT Pty. Ltd. ("DATALECT") agrees to provide use of our dedicated servers ("Service") to the Subscriber ("Customer") subject to these Terms of Service ("ToS") outlined below and our Acceptable Use Policy ("AUP"). Use of any of the services provided by DATALECT constitutes acceptance and agreement to the DATALECT Acceptable Use Policy as well as the DATALECT ToS (Terms of Service) by the Customer. We occasionally may have promotions and make special offers available for limited time duration on a particular Service we offer, all promotions are offered subject to this Terms of Service agreement and only differ with regards to the the promotional or special offer Service price unless otherwise stated. 1. LAWS: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that DATALECT may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a verifiable written request without further consent or notification to the Customer. In addition DATALECT shall have the right to terminate all service set forth in this Agreement. These ToS shall be governed by and construed in accordance with the laws of the state of Queensland. Customer and DATALECT agree to submit to the exclusive jurisdiction of the courts of the state of Queensland. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DATALECT' failure to exercise or enforce any rights or provisions of these ToS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DATALECT in writing. Customer and DATALECT agree all disputes against DATALECT by Customer must first go to non-binding mediation, and attempt to resolve the dispute in good faith, in the venue and jurisdiction of DATALECT choice. Failure of Customer to attempt a good faith resolution in non-binding mediation shall prohibit Customer from proceeding in a civil court action, any cause of action arising out of or related to this Service which cannot be resolved by mediation must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and you and DATALECT forever waive any such cause of action. 2. SERVICE RATES: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that DATALECT may prospectively change the specified rates and charges periodically as necessary. Any promotional offers are contingent upon DATALECT achieving and maintaining its cost of service goals including but not limited to rates charged to DATALECT by its suppliers. 3. CONTRACT PERIOD: All servers ordered have a minimum contract period of 3 months. Subsequently contract is renewed on a monthly basis unless server is cancelled. Requests for cancelling server accounts must give at least 30 days notice before the start of the next invoicing period, but not more than 60 days prior notice. 4. SERVICE PAYMENT: Establishment of Service is dependent upon receipt by DATALECT of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by DATALECT are subject to the current GST tax rate as imposed by the Australian Federal Government which is currently 10%. The above applies to all accounts and services provided by DATALECT. 5. FEE PAYMENTS: Credit card payments that are declined for any reason may be subject to a small administrative payment declination charge. Service will be interrupted on accounts that reach 14 days past due. Service interrupted for non-payment is subject to a reconnection charge, any relevant reconnection charges will be detailed in Customer's disconnection notice. Accounts not paid by due date may be subject to a late payment fee. Accounts that are not collectable by DATALECT may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay DATALECT a "Processing and Collection" Fee of not less than $100 nor more than $300. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this ToS. 6. DISPUTES AND REFUNDS: All valid payments to DATALECT are Non-Refundable. This includes the one time initial setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the disputed charge occurred. If you dispute a charge to your credit card issuer ("Chargeback") that, in DATALECT' sole discretion is a valid charge under the provisions of the ToS and / or AUP, you agree to pay DATALECT an "Administrative Fee" of not less than $50 AUD and not more than $150 AUD. 7. PAYMENT FAILURE: DATALECT may temporarily deny Service or terminate this Agreement upon the failure of Customer to pay charges that are due. Such termination or denial will not relieve Customer of their responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. 8. CANCELLATION: A server can only be cancelled at the end of the minimum service contract in accordance with item 3 above. There are three acceptable methods for cancelling your account: 1) Requests for cancelling accounts can be made in writing on company letterhead or comparable identifiable method with at least 30 days notice but not more than 60 days prior written notice and sent to: sales@datalect.com.au 2) Requests for cancelling accounts can be made in writing on company letterhead or comparable identifiable method with at least 30 days notice but not more than 60 days prior written notice and faxed to: (07) Fax no. To be advised 3) The best and preferred method for cancelling your server account is to log into the www.datalect.com.au website, and submit a support request detailing your request. We will respond and schedule your server for cancellation, outlining any remaining minimum commitments due. For all three methods you must have all account information to cancel. 9. SERVICE INTERRUPTION: Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of DATALECT and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that DATALECT shall not be liable for any damages arising from such causes beyond the direct and exclusive control of DATALECT. Subscriber further acknowledges that DATALECT' 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 DATALECT be liable for any special or consequential damages, loss or injury. 10. SUPPORT: DATALECT, provides 24 x 7 technical support to our Customers (except for few holidays and short company meetings when we close our centre.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: DATALECT provides support related to your server functioning. DATALECT does not offer tech support for application specific issues such as cgi programming, html or any other such issue. DATALECT does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our home page at http://www.datalect.com.au - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support. 11. SPAM AND UCE (Unsolicited Commercial Email): DATALECT takes an absolute zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Customers of DATALECT may not use or permit others to use our network to transact in UCE. Customers of DATALECT may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
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