eNerds Web Hosting Service
Terms and Conditions of Service

The following terms and conditions (this “Agreement”) are a legally binding agreement entered into between eNerds Hosting Pty Ltd (ACN 132 943 812) of Suite 501, 107 Walker Street, North Sydney 2060 in the State of New South Wales, Australia (“eNerds”, “we”, “us” or “our”) and the person purchasing, accessing or using our Service (“Customer”, “you”, or “your”).

You and we agree that:

1. ACCESS AND USE

1.1 Your access to and use of the Service is conditional on your acceptance of this Agreement. If you do not accept the terms and conditions of this Agreement then you must not access or use or must immediately cease all access or use of the Service.
1.2 By accessing, or by continuing to access, the Service you are agreeing to be bound by this Agreement.

2. ADDITIONAL TERMS

2.1 You agree and acknowledge that the following expressions:
(a) Fee;
(b) Service; and
(c) Service Duration,
are determined by reference to the Website and we may vary the Website at our sole discretion from time to time.
2.2 You agree and acknowledge that:
(a) this Agreement incorporates the terms and conditions contained in our Acceptable Use Policy and Privacy Policy; and
(b) we may, from time to time, vary the terms and conditions of our Acceptable Use Policy or Privacy Policy and notify you of such variation by displaying or publishing the Acceptable Use Policy and Privacy Policy on the Website.
2.3 You agree that, to the extent that the terms or conditions of this Agreement, the Acceptable Use Policy or the Privacy Policy, as varied from time to time, are in conflict, the terms and conditions of this Agreement shall prevail.
2.4 In the event that you purchase other goods or services from us that are subject to the terms and conditions of another agreement, and those terms and conditions conflict with this Agreement, the terms of that other agreement shall prevail over the terms and conditions of this Agreement, to the extent of that conflict.

3. SERVICES

3.1 You may select from a range of services specified on the Website for a range of durations. The fees and charges associated with our services correspond to the category, type and duration of service that you select. You agree that different fees and charges apply depending on levels of storage space used on our System and Internet traffic to and from our System.
3.2 You agree that:
(a) we may alter, suspend, vary or cancel the services offered on the Website; and
(b) in the event that we alter, suspend, vary or cancel a service or services after the Effective Date, the Service referred to in this Agreement remains unchanged.
3.3 We may engage agents, contractors or other third parties to supply the Service on our behalf.

4. OUR OBLIGATIONS

4.1 In consideration for your payment, in full and cleared funds, of the Fees we agree to supply you with the Service. You agree that our obligation to supply you with the Service is limited to the category, type and duration of services that correspond to the Fees you have paid us.

5. YOUR OBLIGATIONS

5.1 Content
(a) Subject to the payment of the Fees, the Service may include a service under which we will host on our System your data, files, material, software code and applications (“Hosted Content”).
(b) You must develop, install and maintain the Hosted Content at your own cost.
(c) You must have appropriate and compatible equipment, software, telecommunications systems and Internet access, that you must provide at your own costs, to upload the Hosted Content to the Service.
(d) You must ensure that the Hosted Content is compatible with the operating system and other software on our System.
5.2 End Users
You agree that:
(a) any access and use of the System by any End Users is subject to and on the terms and conditions of this Agreement;
(b) you are liable for any access and use of the System by any End User; and
(c) before you authorise or allow any End User to access or use the System, you shall ensure that the terms and conditions of this Agreement relating to the access and use of the System by any End User are included in, or included by reference in, a binding agreement between you and each End User.
5.3 Resale
(a) In the event that you resell, attempt to resell or offer to resell the Service to any person, you shall agree to be bound by the terms and conditions of our Reseller Agreement.
5.4 Information
(a) You warrant and represent that you shall provide us with the accurate information that we request:
(i) when entering into this Agreement;
(ii) when setting up your account with us;
(iii) when corresponding with us; and
(iv) during the term of this Agreement.
(b) You agree to provide us with, and maintain, a working e-mail address that is checked daily (“Your Email Address”).
(c) You agree that we may provide notices to you under this Agreement by sending an e-mail to Your Email Address.
(d) You agree that we have no responsibility, or liability, for interruptions in the Service, or damages, losses, costs, fees, expenses of any kind whatsoever, as a result of your failure or refusal to comply with this clause 5.4.

6. TERM

6.1 This Agreement commences on the Effective Date and continues for the Service Duration unless terminated earlier in accordance with this Agreement (“Initial Term”).
6.2 After the expiration of the Initial Term, this Agreement will renew for successive periods of equal length unless terminated earlier in accordance with this Agreement (“Renewal Term”).
6.3 In the event that there is no Service Duration associated with or corresponding to the Fee that you have paid for the Service, you agree that the Service Duration shall be deemed to be thirty (30) days.

7. FEES

7.1 You agree that:
(a) you must pay the Fees to us on the dates or within the time specified for those Fees on the Website (“Due Date”);
(b) we may charge you seven (7) days prior to the dates or times specified for the Fees on the Website;
(c) you shall pay the Fees without set off or deduction;
(d) it is your responsibility to ensure that we receive payment of the Fees and you agree that you have not paid us the Fees until we have received the payment of the Fees from you or from your agent;
(e) in the event that the Service is suspended or interrupted, for any reason, the Fees remain due and payable to us; and
(f) Fees relating to the set up and registration of domain names are not refundable.
7.2 In the event that the Fees are not received by us on or before the Due Date, your account may be suspended or cancelled at our sole discretion. To reinstate your account, you agree to pay us:
(a) all unpaid Fees that are due and payable;
(b) interest on unpaid Fees at the prevailing commercial bank overdraft rates in Australia; and
(c) any costs incurred by us to collect the unpaid Fees including, without limitation:
(i) collection charges;
(ii) legal costs;
(iii) fees and charges levied or demanded by our financial institutions on us; and
(iv) reasonable administration costs.
7.3 In the event that you agree to purchase products or services, other than the Services, from us or a third party you agree and acknowledge that additional terms and conditions may apply to those products and services.

8. BILL DISPUTES

8.1 If you believe there is an error on your bill you must contact us in writing. We each agree to work together to resolve any billing disputes. You agree to provide us with sufficient facts for us to investigate your claims that must be received by us at least five (5) days prior to the Due Date (“Dispute Deadline”). You agree that you have waived your right to dispute any charges or Fees if you fail or refuse to comply with this clause 8.1.
8.2 If we determine, at our sole discretion, that your claim or dispute is valid, we will credit the amount that is the subject of the dispute to your next bill.
8.3 In the event that you contact your credit card company, prior to notifying us of the dispute, and initiate a ‘charge back’ based on this dispute, and your charge back claim is past the Dispute Deadline, you will be charged a $200 investigation and administration fee. You agree that this fee compensates us for our costs incurred in resolving the charge back matter.

9. TERMINATION

9.1 Money Back Guarantee
In the event that you are not satisfied with the Service within thirty (30) days’ of entering into this Agreement, we agree to refund to you any Fees that that we have received from you for that Service. In order to cancel the Service and receive a refund from us, you agree to notify us no later than thirty (30) days after the Effective Date. If you wish to retain your domain name, the cost of your domain name will be deducted from your refund at our regular, undiscounted, domain name price. If you paid us by credit card we will credit the card on file, otherwise we will send you a check for your refund.
9.2 Termination prior to Renewal
Either party may terminate this Agreement by providing written notice to the other no later than 10 days before the expiration of the Initial Term or Renewal Term.
9.3 Termination for material breach
Either party may terminate this Agreement upon the occurrence of a material breach by the other party, if this breach has not been cured by the other party within 30 days of their receipt of written notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action. The parties agree that a decision by us to cease offering third party services will not be a breach of this Agreement.
9.4 Termination for your violation of our policies
We reserve the right to immediately suspend the Service or terminate this Agreement:
(a) for a violation of any of our policies, including those incorporated by reference; or
(b) your failure to pay any amounts due.
This right of termination is without prejudice to any other rights we may have. You agree that you are not entitled to receive, and shall not receive, a refund of any Fees in the event of termination of the Agreement under this clause.
9.5 Closure of account following termination
Upon termination or expiration, your account will be closed. Upon closure of your account we will permanently delete the Hosted Content from our System. We have no responsibility to forward e-mail, or other communications, to or for you once your account is closed. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.

10. REASONABLE USE OF THE SERVICES

10.1 Without limiting the terms and conditions of this Agreement, you agree that your access to and use of the Service shall be subject to and in accordance with the terms and conditions of the Acceptable Use Policy.
10.2 Notwithstanding any other provision of this Agreement you agree that your use of the Services must be reasonable and must not place an unreasonable burden on our System. In the event that we determine, at our sole discretion, that your use of the Services is unreasonable then you agree that we may place restrictions on your use of the Service, and charge you excess bandwidth fees.
10.3 You agree to cooperate with us to facilitate your use of the Service. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is "server ready" and ensuring that you, your employees or agents have sufficient technical expertise to understand how to implement the Service.

11. LICENSES AND INTELLECTUAL PROPERTY

11.1 Subject to the terms and conditions of this Agreement and in consideration for the payment of the Fees in full, we grant you a non-exclusive, non-transferable, licence to access and use the Service. This license is revoked and terminates on the expiration or termination of this Agreement.
11.2 You acknowledge and agree that any and all Intellectual Property Rights, title and interest arising in and in relation to any and all Works created by us or accessed on the Website remains with or vests in us or third parties.

11.3 If we, or any person, makes available or introduces to you or any End User any of our intellectual property then all Intellectual Property Rights relating to or associated with that intellectual property will remain our sole property.
11.4 You agree to take all actions and do all things reasonably necessary or desirable to protect our Intellectual Property Rights, title and interest to any and all Works accessed on the Website by you or by any End User.
11.5 You agree that you shall not circumvent any devices designed to protect our, or our licensor's, ownership interests in any Works or materials provided to you.
11.6 You must not:
(a) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from our Website or the content of or materials on our Website;
(b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;
(c) use any software, device, or manual process to monitor or copy our Website or the content of our Website without our prior written permission and, without limiting the generality of this clause, you must not cache the content of our Website without our consent;
(d) use our Website in a manner that is not expressly authorised by us;
(e) use our Website to cause harm, damage or loss of any kind whatsoever to us or to any other person; or
(f) modify or copy:
(i) the layout of our Website; or
(ii) any computer software or code contained in our Website.
11.7 You agree that we may use and disclose information you provide to us to enable us to perform our obligations under this Agreement and agree that any and all Intellectual Property Rights, title and interest arising in and in relation to any and all Works created by us using that information remains with or vests in us.
11.8 You grant us and our agents and contractors a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in connection with the Service. This license terminates on the expiration or termination of this Agreement. All right, title and interest in Hosted Content shall remain with you, your End Users, or your licensors.

12. REPRESENTATIONS AND WARRANTIES

12.1 Reciprocal
Each party warrants to the other party that:
(a) the party has the power, authority and legal right to enter into this Agreement; and
(b) the party has the power, authority and legal right to perform its obligations under this Agreement and all incorporated provisions.
12.2 Your Representations and Warranty
You represent and warrant to us that:
(a) you have the experience and knowledge necessary to use the Service;
(b) you understand, appreciate and accept the risks inherent to you, your business and your person, that come from accessing the Internet;
(c) you will provide us with material that may be implemented by us to provide the Service without extra effort or cost on our part;
(d) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service;
(e) you understand that you may not be able to access location based services, such as emergency calls, using the Service;
(f) in entering into this Agreement, and performing the obligations set out in it, you will not violate or breach any applicable laws or regulations;
(g) you will make back up copies of your data even if you purchase ‘back up’ services from us;
(h) any use by End Users of the Service shall be subject to and in accordance with the terms of our Acceptable Use Policy;
(i) the Hosted Content is free of any virus, Trojan Horse, worm or malicious code;
(j) any and all Hosted Content fully complies with and does not breach:
(i) the terms and conditions of the Acceptable Use Policy;
(ii) any laws in your jurisdiction;
(iii) any laws in Australia; or
(iv) any laws in the jurisdiction in which the Hosted Content is stored, displayed or published; and
(k) you have not and shall not breach or infringe any right of any individual or any entity in any way whatsoever by accessing or using the Service.
12.3 You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, any and all materials including, without limitation, any Hosted Content provided to us by you, or which may be accessed or transmitted using the Service. You also warrant that, to the extent you do business with other parties using the Service, those parties have the same ownership interests in the materials provided to you, or accessed by you, that are set out in this clause.

13. DISCLAIMERS

13.1 You agree that, to the fullest extent permitted by law:
(a) the Service is provided on an ‘as is’ and ‘where is’ basis without warranty of any kind, express or implied;
(b) we exclude all conditions and warranties relating to the Service or the Website;
(c) we exclude all conditions and warranties relating to any goods or services provided by any third party irrespective of whether or not those goods or services are purported to be supplied by us; and
(d) we do not warrant or guarantee the accuracy, completeness, merchantability, or fitness for purpose of the Service, the Website or any Works on the Website.
13.2 Without limiting the generality of clause 13.1, we do not make any representations or warranties that the Service will be uninterrupted, error free, secure or free from viruses or malicious programs.
13.3 To the extent that our liability for breach of any implied warranty or conditions cannot be excluded by law our liability will be limited, at our sole discretion, to:
(a) in the case of services supplied or offered by us, the re-supply of those services or the payment of the cost of having those services resupplied; or
(b) in the case of goods supplied or offered by us, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.

14. LIMITATION OF LIABILITY

14.1 You agree that we have no liability, whatsoever, for:
     (a) content that you or an End User access from the Internet;
     (b) unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on our system; or
     (c) your inability to access the publicly switched telephone network or the Internet.
14.2 To the fullest extent permitted by law, in no circumstances will we or our employees, officers, agents, directors or licensors be liable to you for any indirect, incidental, special, consequential or punitive losses or damages including, without limitation, loss of profits, loss of goodwill, loss of data or loss of opportunity howsoever arising.
14.3 To the fullest extent permitted by law our liability to you for goods or services supplied by us to you shall be the lesser of the amount determined under clause 13.3 or the aggregate amounts paid by you in respect of those goods or services to us in the three month period immediately preceding the event giving rise to such liability.

15. INDEMNITY

15.1 You agree to at all times indemnify, defend and hold harmless eNerds and its parent, subsidiary and affiliated or related companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (in this clause each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable legal costs) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to:
(a) your use or the use by an End User of the Service;
(b) any violation by you or an End User of any of our policies;
(c) any breach of any of your representations, warranties or covenants contained in this Agreement; or
(d) any acts, omissions, negligence or misconduct by you or an End User.
15.2 You agree that, to the fullest extent permitted by law, any statutory provision that limits, or purports to limit, our rights under clause 15.1, is excluded in relation to any and all rights, obligations or liabilities of either party under this Agreement whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.
15.3 The provisions of this clause 15 shall survive any termination of this Agreement.

16. PRIVACY

16.1 You agree to obtain or procure the consent of each End User to the collection, use and disclosure of that End User’s personal information in accordance with this clause 16.
16.2 You agree that we may disclose personal information relating to you or any End User, that you or that End User provides to us, to:
(a) any person that, at our sole discretion, has a valid reason for requesting that information; and
(b) our business associates.
16.3 You agree that we may collect, use and disclose the personal information relating to you any End User, that you or that End User provide to us, for the following purposes:
(a) to enable us to perform our obligations under this Agreement;
(b) to recover any money owing to us; and
(c) to provide, or arrange for a third party to provide, you or an End User with information regarding goods or services that we believe may be of interest to you or that End User.
16.4 Any personal information, including personal financial information, that relates to you or an End User and is collected, used or disclosed by us will be only be collected, used or disclosed:
(a) in accordance with this Agreement or the terms displayed on the Website, if any; and
(b) in accordance with our Privacy Policy, if any, as varied by us in our sole discretion from time to time,
and in compliance with the requirements of privacy legislation in force at the time being in Australia.

17. GENERAL PROVISIONS

17.1 Notices
We will send notices to you at Your Email Address. It is your obligation to ensure that we have the most current e-mail address for you in our records. You must send notices regarding this Agreement to:

eNerds Hosting Pty Ltd
Attention: eNerdshosting.com.au Copyright Issues
Level 5, 107 Walker Street
North Sydney NSW 2060
Facsimile: +61 2 9922 5270

17.2 Force Majure
Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, earthquake, labour disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than ten days from the beginning of the event.
17.3 This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Service.
17.4 You must not assign, whether in whole or part, the benefit of this Agreement or any rights or obligations hereunder, without our prior written consent. We may assign this Agreement upon notice to you.
17.5 These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State. The parties agree that they shall not contest notice from the Courts of New South Wales. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
17.6 No forbearance, delay or indulgence by a party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party, nor shall any waiver or those rights operate as a waiver of any subsequent breach.
17.7 Should any part of these Terms be or become invalid or unenforceable, that part shall be severed from these Terms. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of the Agreement.
17.8 This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
17.9 Clauses 8, 13, 14 and 15 shall survive the expiration or termination of this Agreement.

18. DEFINITIONS

18.1 In this Agreement:
(a) “Acceptable Use Policy” means the terms and conditions referred to in Schedule One to this Agreement;
(b) “Effective Date” means the earlier of the date on which this Agreement is made or the date on which you first access or use the Service, as the case may be.
(c) “End User” means those persons who you authorise or allow to access any website or Internet portal that you may create or have created on your behalf using the Service;
(d) “Fees” means the fees and charges specified on the Website that correspond to:
(i) the category or type of services; and
(ii) the duration for which the services are to be supplied,
that you have chosen;
(e) “Intellectual Property Rights” means any of our intellectual property and industrial property rights throughout the world including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs, and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967;
(f) “Privacy Policy” means the policy referred to in Schedule Two to this Agreement;
(g) “Service” means those services specified on the Website, on the Effective Date, corresponding to the category, type and duration of services that you have selected for the corresponding Fee;
(h) “Service Duration” means the duration of the services that you have selected that corresponds to the relevant Fee;
(i) “System” means the computers and data processing equipment that we use to provide the Service;
(j) “Website” means the pages on the World Wide Web that resolve at the eNerdshosting.com.au domain name and any locations on the Internet that we own or operate; and
(k) “Works” means any documents, software, programs, images, works or any other materials whatsoever.

SCHEDULE ONE
Acceptable Use Policy

This Acceptable Use Policy (“AUP”) must be read in conjunction with, and is incorporated into, the Agreement. The expressions used in this AUP have the same meaning given to those expressions in the Agreement. Any use whatsoever of the Services is subject to and, must be in accordance with, the terms and conditions of this AUP. Your entry into the Agreement, or use of or access to the Service, constitutes your acceptance of the terms and conditions of this AUP. You agree that you must ensure that any access to our use of the Service by your End Users is subject to and in accordance with this AUP.

We reserve the right to refuse to provide the Service to you or your End Users at our sole discretion for any reason. You expressly acknowledge and agree that we have the right to vary the terms of this AUP from time to time without notice to you. In the event that we vary the terms of this AUP we will display or publish the AUP on the Website. Notwithstanding any term or condition of this AUP or the Agreement, we reserve the right to determine, in our sole discretion, what constitutes acceptable use of the Service.

Notices

Third parties who wish to inform us of violations of this AUP are required to read it, abide by its terms, and send notices to the address set out below in this AUP. Notices sent to the wrong address will not be considered. We do not consider anonymous complaints.

If you believe that our AUP has been violated you may send your inquiry or complaint to, in the first instance, the address in the relevant paragraph below or, alternatively to abuse@enerdshosting.com.au. Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number.

Content

We do not review, edit, censor, or take responsibility for any information you or and End Users may create, display or publish using the Service. To the fullest extent permitted by law, we do not accept any liability for inaccurate, unsuitable, offensive, or illegal content or transactions. We specifically reserve the right to refuse to provide the Service to you, End Users or any third parties engaged in the display, publication, transmission or communication of material that may cause us harm, be offensive, breach our policies or be determined, in our sole discretion, to be inappropriate.
Without limiting the foregoing, you must ensure that the Hosted Content does not:
1. contain any material is defamatory, racist, pornographic, or that depicts acts of violence or unlawful acts, or that may spread hatred against any person or group, or that vilifies any person, people or religion, or that may cause offence or harm;
2. encourage or involve the collection or harvesting of screen names or email addresses of others for any purpose including, without limitation, the purpose of sending unsolicited emails;
3. infringe any other person’s intellectual property rights, or other rights;
4. misuse or lead to the misuse of another person’s confidential information; or
5. breach any law or aid, abet, solicit or procure the breach of any law in any country.

Your Conduct and Use of Service

Without limiting the foregoing, the transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this AUP, or our Agreement, is prohibited. You may not use the Service to directly or indirectly cause or allow the violation of any law or regulation.

You must use good business judgment and appropriate ethical standards in your conduct. Without limiting the foregoing, you must not and you must not allow any End User or other person to engage or participate in:
1. forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
2. creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
3. hacking or subverting, or assisting others in hacking or subverting, the security or integrity of our products or systems;
4. soliciting or procuring the performance of any illegal activity, even if the activity itself is not performed; or
acting in any manner that might subject us to unfavourable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.

Other Acceptable Use Policies may apply to you.

Your use of our Service or our Systems is subject to the terms and conditions of third party suppliers of goods and services to us. We will provide you with information about these policies on request.

You are required to provide us with accurate information.

Any person who contacts us about this AUP, the behaviour of our customers, or for other purposes, must provide us with accurate information to enable us to contact them and respond to their requests. We will refer any person who deliberately attempts to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials.

U.S. Export Controls.

Your, or an End User's, use of the Service may be governed by the export control laws of the United State of America or other countries. These laws apply regardless of whether you, or an End User, actually reside in that country. More information about U.S. export laws may be found at: http://www.export.gov/regulation/index.asp. You must rely on your own independent enquiries in relation to these export control laws and other relevant laws. For information purposes only, to assist you with your enquiries, we note that export control laws generally prohibit:
1. selling certain products and services outside the country, though you may be allowed to sell those products and services inside the country; and
2. doing business with individuals or entities with whom citizens of that country may not do business.


Intellectual Property

You must notify us if you believe that any person or End User using the Service is engaging in copyright infringement. Our address for receipt of copyright complaints or infringement notifications is:

eNerds Hosting Pty Ltd
Attention: eNerdshosting.com.au Copyright Issues
Level 5, 107 Walker Street
North Sydney NSW 2060
Facsimile: +61 2 9922 5270


You must also comply with laws regulating trademarks, patents and other laws governing the use and dissemination of intellectual property. Complaints about abuse of intellectual property rights may be directed to abuse@enerdshosting.com.au

You may not send unsolicited commercial e-mail, or SPAM.

We define unsolicited commercial e-mail as e-mail that has not been requested by the recipient, is not compliant with relevant legislation, or that, even if requested, or compliant with relevant legislation, causes other entities to block our IP Addresses (“SPAM”). You must not use the Service to host a site that is advertised by means of SPAM, even if you are not the person responsible for the SPAM advertisements.

If you are purchasing a service for legitimate mass-mailing services and/or plan to send legitimate mass mail you will require at least a VPS or Dedicated server plan as our Shared Hosting packages do not support mass mailing and have a restriction to sending more than 50 emails per hour in order to help prevent the servers being blacklisted, this unfortunately will not be adjusted in any circumstance.

If we determine that you or an End User is sending SPAM, we will suspend or terminate your account, at our discretion. To report violations of this paragraph, please send an e-mail to: abuse@enerdshosting.com.au

We filter your e-mail for SPAM

We use industry standard methods to filter outbound e-mail for SPAM. We will use commercially reasonable efforts to notify you that your outbound mail has been marked as SPAM and blocked. Please review your outbound e-mail to determine whether your e-mail has been blocked. You have the option of using a SPAM filter to scan inbound e-mail. Please familiarize yourself with this technology and its use.

Requests for Information about End Users and Privacy

We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request which appears to be valid. We may also disclose such information when it is necessary for us to protect our business, or others, from harm. We accept no liability or duty to notify you that we have provided this type of information unless we have expressly agreed to do so. In some cases we may be prohibited by law from giving such notice.
Law enforcement agencies who seek information about customers, End Users, and third parties or their use of the Service, must submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (“Subpoena”). Unless specifically prohibited by law we reserve the right to notify the Subpoena to the customer, End User, or third party.
Civil demands for information, such as discovery requests and demands for the production of documents (“Civil Demands”), must be part of proceedings. To the fullest extent permitted by law, responses to Civil Demands are at our sole discretion and are subject to a response fee of $275 per hour. We do agree limit or to pre-approve our expenses for Civil Demands. Civil litigants should contact us prior to serving Civil Demands in order to minimize their expense.


Address for Subpoenas and Civil Demands:
eNerds Hosting Pty Ltd
Attention: eNerdshosting.com.au Subpoenas and Civil Demands
Level 5, 107 Walker Street
North Sydney NSW 2060
Australia
Facsimile: +61 2 9922 5270

Privacy Policy

Our privacy policy may be found at: https://www.enerds.com/documents/privacypolicy. Entities who provide products to us may have privacy policies that differ from ours. We will provide you with links to their privacy policies on your written request.

How we administer the network on which the Service is provided.

It is your obligation to ensure that you have thoroughly considered how the Service is deployed, and our network configured, prior to using the Service. In particular, you are responsible for ensuring that any material you place on our servers, or transmit using our network, does not adversely impact our ability to provide the Service to other customers. We reserve the right to suspend or terminate the Service, in our sole discretion, should your use of the Service cause instability in our System.
You cannot use IP addresses which were not assigned to you by us. If we determine that you are using an IP address which was not officially assigned by us, the Service will be suspended until such time as the IP address overlap can be corrected. We own the IP numbers and addresses that may be assigned to you by us. These addresses may not be assigned or transferred, and are recycled by us on termination of your use of the Service. We may, in our sole discretion, change these addresses.

Security

The Internet is no more secure than other means of communication. You should make your own independent enquiries to determine the security of the Internet and otherwise assume that all on-line communications are insecure. We are not responsible for the security of any information posted to, transmitted over, our Systems. We reserve the right to take immediate action to suspend or terminate your account if, in our sole discretion, you are engaging in activities that jeopardize our security, the security of other customers, or of the Internet in general. You may not be provided with advance notice that we are taking such action.
We make tools available to you that are designed to make your use of the Internet more secure. These tools are made available to you, to the fullest extent permitted by law, without any warranty or guarantee on an ‘as is, where is’ basis and may only be used at your own risk.

Suspension or Termination of Service.

If you violate this AUP, and we suspend or terminate the Service, you will not receive a refund of any fees paid to us. Your failure to abide by any of the terms or conditions set out in this AUP may result in the suspension or termination of the Service. Any termination or suspension may be undertaken with, or without, notice to you.