"Ezi Hosting" Terms and Conditions as at June 03, 2005

Ezi Hosting uses the hosting services of Ezi Hosting Pty Ltd (see also ezihosting legals )

• The term "Ezihosting" refers to Ezi Hosting Pty Ltd (A.B.N - 47 097 040 849). The "Customer " is any person who is authorised to use the Account. The "account" means the Customer and the Designated Customers right to use the service. The "agent" refers to any external contractors that Ezi Hosting deems appropriate and any conditions that they may imply. 

• This agreement commences on the date listed in the order form and continues until expiry of the Term, or until earlier termination in accordance with this agreement.

• All payments to Ezi Hosting are processed via Ezi Hosting's web site and payments processing system powered by Direct One (www.directone.com.au) In most cases you will be invoiced via Ezi Hosting Pty Ltd

• Ezi Hosting will provide the Customer with a user name and password which will allow the Customer to access their Web site and control panel account.

• The Customer must pay to Ezi Hosting the Web Hosting Fee and Domain Registration or Delegation Fee in advance of Ezi Hosting registering the Customers Domain name and hosting the web site.

• If the Customer agrees to carry the Ezi Hosting logo then the logo must appear on all of the following pages: index.htm; index.html; index.cgi; default.htm; default.html.

• The Customer undertakes that all text and graphics and other items contained on the Customers web site will be either the property of the Customer or appropriate permission to use the material has been obtained from the owners of the copyright.

• All data uploaded to the web site under this agreement will not expose Ezi Hosting to the risk of any claim, legal or administrative action or prosecution.

• Ezi Hosting reserves the right, where specific server programs such as Microsoft FrontPage are offered, to run programs on the platform of its choice.

• Customers are not authorised to use Ezi Hosting or its agents server machines for any purpose other than hosting web sites.

• The Customer agrees not to use use e-mail aliases that are created byEzi Hosting for generating bulk (spam) e-mail.

• Ezi Hosting accepts no liability for e-mail messages that may not reach the intended destination or are delayed.

• Ezi Hosting accepts no responsibility whatsoever for any material held on Ezi Hosting or its agents servers or any information held or e-mail passing through Ezi Hosting's systems and / or servers, including original artwork supplied for scanning and inclusion on their web site.

• Ezi Hosting accepts no liability whatsoever for damage due to information that is lost from a Ezi Hosting Web site.

• Any reading of any directories other than the users own home directory WILL result in immediate cancellation of all accounts with Ezi Hosting and may result in further legal action. (Ezi Hosting logs all user actions. These are not normally examined except in the event of expected security breaches. Any unauthorised activity discovered, even if not related to security breach being investigated may result in cancellation of all Ezi Hosting accounts.)

• Any attempt at hacking machines, web sites, compromising passwords, logging into gateway or router machines upon which user does not have permission or an account will result in the immediate cancellation of all Ezi Hosting Accounts and may result in further legal action.

• A Web Server is sold to a particular company and that company may not resell space on that Web Server without express permission from Ezi Hosting

• The Customer agrees that it will keep secure any passwords used to upload data to the Server.

• Ezi Hosting reserves the right (but is under no obligation) to "Remove from Internet Access" any part of the Customer Data that, in Ezi Hosting's opinion, infringes any of the terms set out in this agreement.

• The Customer is solely responsible for dealing with persons who access the Customer Data, and must not refer complaints or inquiries in relation to the Customer Data to Ezi Hosting.

• Customer's data will be archived onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, Ezi Hosting will restore from the last known good archive. Should all of Ezi Hosting's archives be corrupted , or in the event that an old archive is used to restore data, the Customer should be prepared to upload their data to their Web Site. This process requires that the Customer maintains a recent copy of their data at their premises at all times. There may be a fee charged for this service of restoring a backup.

• Either party may terminate this agreement by 30 days notice in writing (written or fax) to the other party. If the Customer is in breach of this agreement then no fees will be refunded. Ezi Hosting is under no obligation to refund fees to Customers who for whatever reason decide to terminate this agreement before it has ended.

• Ezi Hosting reserves the right to shutdown accounts at any time or delete information and data stored in or about that account if payment is outstanding.

• On termination or expiry of this agreement, Ezi Hosting may delete all Client Data from any storage media

• 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

• The Client may not assign its rights and obligations under this agreement without the prior written consent of Ezi Hosting.

• Ezi Hosting, in its sole discretion, reserves the right to refuse to approve a Web Site application for any Customer. The Customer agrees that submission of the Web Site Order does not obligate Ezi Hosting to accept the Customer's site. The Customer agrees that Ezi Hosting or its agents shall not be liable for loss or damage that may result from Ezi Hosting's refusal to accept the Web Site application.

• Ezi Hosting reserves the right to change these terms and conditions