================================= TERMS AND CONDITONS ================================= Acceptance of these terms and conditions is a precondition of access to services provided by Monsoon Web Services. By placing an order for services from Monsoon Web Services you are indicating your agreement to and acceptance of these terms and conditions. ================================= A. PAYMENTS AND RENEWAL ================================= 1. All payments for services must be prepaid. New accounts will not be set up until payment has been received by Monsoon Web Services and all funds have cleared. 2. Hosting accounts will have an initial period of 1 year unless otherwise agreed to by both parties. 3. All hosting accounts are automatically renewed for another period unless notice of intention to terminate the account is given by either party at least 14 days prior to the renewal date. The renewal date is the anniversary of the account setup. 4. Invoices for renewal will be sent to the email address provided by the customer as their contact address. The customer agrees to keep their contact email address with Monsoon Web Services current at all times, and agrees Monsoon Web Services has no liability for lost or undelivered email messages concerning the status or payment due for the customer's account. 5. Invoices will be sent at least 30 days prior to the renewal date and payment will be due on the renewal date. 6. If payment has not been received by the renewal date the account will be suspended. The customer will have a further 7 days to pay their account in full, at which time if payment has not been received the account will be terminated. 7. Monsoon Web Services reserves the right to alter the pricing of hosting plans or services without notice. In the event that pricing is altered the new price will take effect on the renewal date and the customer will be notified of the new prices at least 30 days prior to the renewal date. ================================= B. TERMINATION AND REFUND ================================= 1. All fees for new hosting accounts contain a non-refundable portion of $AUD. If the customer terminates their account they will be entitled to a pro-rata refund of the fee less the non-refundable portion. 2. Monsoon Web Services reserves the right at all times to: i. refuse an account or service. ii. terminate an account or service. 3. If a customer violates any of these terms and conditions their account may be terminated immediately and any refund that may otherwise be due will be forfeited. 4. Monsoon Web Services will have sole discretion as to whether these terms and conditions have been violated. ================================= C. ACCEPTABLE USE POLICY ================================= 1. The customer agrees to maintain its site in a manner consistent with any and all applicable laws, regulations, acceptable uses and standards in effect, or which become in effect, during the term of this account. 2. Monsoon Web Services does not allow any of the following material to be stored on its servers: i. illegal material - including but not limited to copyrighted works, commercial audio, video, or music files; ii. adult material - including but not limited to pornography or sexual material of a lewd, lecherous or obscene nature or links to any of the above; iii. warez - including but not limited to pirated software, ROMS, emulators, phreaking, hacking or password cracking or links to any of the above; iv. any material which violates any international law or the laws of the Commonwealth of Australia and it's States and Territories. Monsoon Web Services reserves the right to remove or delete from it's server any content that violates any of these conditions. 3. Monsoon Web Services expressly forbids it's customers from sending unsolicited bulk mail messages ("junk mail" or "spam") including but not limited to bulk-mailing of commercial advertising, information announcements, and malicious or threatening content. Monsoon Web Services reserves the right to immediately terminate your account without refund or notice if we discover that you have used it to engage in such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided by Monsoon Web Services. ================================= D. INDEMNIFICATION ================================= 1. The customer agrees to indemnify and hold Monsoon Web Services harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defence, for any matter arising from or relating to The customer's website provided hereunder. 2. Nothing contained herein shall be deemed to create a relationship between Monsoon Web Services and the customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Monsoon Web Services has no interaction with the data or substance of the customer's website, except as necessary to maintain the website. 3. The customer agrees to indemnify and hold Monsoon Web Services harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defence, for any matter arising from or relating to Monsoon Web Services's use of any domain name. ================================= E. SECURITY ================================= 1. The customer agrees not to attempt to undermine or cause harm to any server or customer of Monsoon Web Services. Failure to comply with this condition will result in immediate termination of the customer's account. ================================= F. SCOPE OF AGREEMENT ================================= 1. These terms and conditions must be honored by all customers of Monsoon Web Services. 2. These terms and conditions will apply equally during the initial period and any subsequent renewal periods of your account. 3. Monsoon Web Services reserves the right to alter, add to and change these terms and conditions at any time without notice.