CBIT Internet User Agreement
Hosting - Terms & Conditions
These terms and conditions apply to the use of Hosting services ("Services") provided by CBIT PTY LIMITED trading as CBIT Internet ABN 16 107 115 846.
1. About this Agreement
Please read this Agreement carefully.
Use of Services provided by CBIT Internet (in this agreement, "our", "us", "we") is subject to the terms and conditions contained in this Agreement, as well as any additional terms and conditions contained in individual service agreements made by the parties. The terms and conditions set out in individual service agreements override this Agreement to the extent of any inconsistency.
By commencing use of Services provided by CBIT Internet, The customer accept all terms and conditions contained in this Agreement.
2. Definitions
"Customer" includes the person purchasing the Services or any agent or representative thereof.
"Registrant" includes the person applying for a domain name or any party acting on their behalf.
"Registry" means the relevant domain names Registry.
"Services" means domain name registration, website hosting, email and any other service or facility provided by CBIT Internet to the Customer.
"Server" means the computer server equipment operated by CBIT Internet in connection with the provision of the Services.
"Website" means the area on the Server allocated by CBIT Internet to the Customer for use by the Customer as a site on the Internet.
"CBIT Internet" includes CBIT Internet Pty Ltd or any party acting on CBIT Internet' explicit instructions.
3. Domain Name Registration
3.1 CBIT Internet does not represent or warrant the availability or registrability of any domain name to the Customer. The Customer agrees that it will have no rights or cause of action against CBIT Internet if a domain name cannot be registered
3.2 CBIT Internet will notify the Customer when the registration of a domain name is complete.
3.3 Any act or omission by the Customer in respect of an actual and/or attempted registration of a domain name prior to notification by CBIT Internet occurs at the sole risk of the Customer.
3.4 Any administration charge paid by the Customer to CBIT Internet shall be non-refundable, notwithstanding refusal by the Registry to register the desired name.
3.5 The registration and use of any domain name by the Customer is, at all times, subject to the terms and conditions of usage applied by the Registry, the CBIT Internet Registrant Agreement, the CBIT Internet Hosting Terms & Conditions, and the CBIT Internet Broadband Terms & Conditions. It is the sole obligation of the Customer to ensure compliance with all such terms and conditions.
3.6 CBIT Internet will not, at any time, assume any liability whatsoever in respect of the use by the Customer of any domain name. Any disputes arising must be resolved between the parties involved.
3.7 In the event of a dispute, CBIT Internet will not be obliged to become involved, or take part, in a dispute but may, in its sole and absolute discretion:
(a) withhold or suspend a domain name; and or
(b) make any representations it deems fit to the Registry.
3.8 The Customer must not transfer a domain name to another Internet service provider unless it has first satisfied all CBIT Internet accounts in full.
4. Service Availability
4.1 The Customer agrees that CBIT Internet may, without reason, suspend the Services at any time and for any reason, generally without notice. If a suspension continues for more than 48 hours, CBIT Internet will use its best endeavours to notify the Customer.
4.2 The Customer will not sell, transfer, licence, assign or otherwise create any legal or equitable rights or interests in any third party
whatsoever, in relation to the CBIT Internet account of the Customer.
4.3 Any breach of clause 3.2 by a Customer will constitute a material breach and repudiation of this agreement by the Customer. Upon such breach, CBIT Internet shall have the right to cancel the account, terminate the Services and/or this agreement immediately without further notice to the Customer. Upon such an event, all monies owed by the Customer to CBIT Internet shall immediately become due and owing.
5. Content Ownership
5.1 The Customer assumes sole responsibility for obtaining any and all necessary licenses, consents, authorizations and approvals to enable it to lawfully use any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of any proposed domain name or other intellectual property rights being used by the Customer.
5.2 All information and data stored on any server by the Customer or its agents is the property of the Customer. CBIT Internet claims no ownership and assumes no responsibility whatsoever over, in or in respect of, any Customer information or data.
5.3 CBIT Internet will use its best endeavours to ensure that Customer information remains confidential in accordance with the CBIT Internet Privacy Policy.
5.4 The Customer agrees that CBIT Internet may access Customer information and data at any time and for any reason.
6. Indemnity
6.1 The Customer agrees to indemnify and hold harmless CBIT Internet and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement, including from the use by the Customer of any intellectual property rights of any third party and the registration or use of domain names by the Customer.
7. Termination
7.1 CBIT Internet may suspend or terminate access to the Services without notice to the Customer if the Customer account becomes overdue. CBIT Internet will not be responsible for any loss or damage to the Customer or any other party as a result of such suspension or termination.
7.2 CBIT Internet may request the Customer to rectify any breach of this agreement. If the Customer fails to rectify any such breach within 30 days from the issuing of such a request by CBIT Internet, CBIT Internet is entitled to treat the Customer as having committed a material breach and repudiated their obligations under this agreement and to terminate the agreement without further notice. Upon such a termination of this Agreement, all monies owing by the Customer to CBIT Internet will immediately become due and payable.
7.3 In the event of a suspension and/or a termination of the Services by CBIT Internet the Customer agrees that CBIT Internet shall be entitled to:
(a) block the Customer website; and
(b) remove all data and or information located on it.
7.4 CBIT Internet shall retain the sole discretion as to whether any data and/or information removed is:
(a) immediately deleted from existence in its entirety; or
(b) held for such period to enable the Customer, at its expense and subject to payment of all monies owing to CBIT Internet, to collect the data and or information.
7.5 In the event of a termination or suspension, CBIT Internet may post such notice in respect of the non-availability of the Customer website as it deems fit.
8. Limitation of Liability
8.1 The Customer will not, under any circumstances, seek to hold CBIT Internet responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:
(a) loss of profits arising out of, or in connection with, this agreement;
(b) use, misuse, suspension and or loss of any Customer domain registrations;
(c) interruption to the business and operations of the Customer;
(d) access delays or interruptions to any website accessed by registered domain name of the Customer;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
(f) events beyond the control of CBIT Internet; and or
(g) processing of an application for domain name registration;
8.2 CBIT Internet shall not, under any circumstances, be liable or responsible for any acts, omissions or errors, whether negligent or otherwise by a Registry administrator or any other third party arising out of or related to, any domain name application, including the receipt of, or failure to receive, a domain name registration by the Customer or any third party.
8.3 In the event, CBIT Internet is held liable for any loss or damage whatsoever and howsoever arising under this agreement, the parties agree that, as a precise pre-estimate of damage cannot be properly ascertained, for the purpose of determining liquidated damages, the maximum aggregate liability of CBIT Internet to the Customer shall not exceed the total amount paid by the Customer to CBIT Internet for:
(a) domain name registrations; and
(b) hosting services applying to any relevant domain name registered to the Customer.
9. Notices
9.1 The Customer acknowledges that all rules and regulations which apply to domain name registration must be strictly construed and applied. The Customer accepts sole responsibility for ensuring compliance with all relevant laws, rules and regulations in this respect.
9.2 The Customer agrees that it is solely liable for ensuring that all Customer details on registered domain records remain current. CBIT Internet will not be held liable for any loss or damage arising from interruption to Services that occur as a result of Customer non-compliance with the matters referred to in clause 8.1, including obsolete contact details.
9.3 The Customer shall remain solely responsible for renewing a domain name. The Customer will not hold CBIT Internet liable for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name by the Customer.
9.4 CBIT Internet will not reimburse or otherwise compensate the Customer for payments made by the Customer to third parties for domain name renewals.
9.5 CBIT Internet hosting support times are between 9am and 5:00 pm Monday to Friday, Eastern Standard Time.
9.6 CBIT Internet standard support includes ensuring that the Server is online whenever reasonably possible and that domains hosted by CBIT Internet are visible on the Internet. CBIT Internet does not provide design work, database administration, or installation of new services on Servers.
9.7 If CBIT Internet has been informed of illegal content stored under the Customer's domain name/user web, it will immediately request the Customer remove the data forthwith. If compliance with this notice is not achieved within 24 hours, CBIT Internet will be entitled to immediately terminate this agreement in accordance with clause 6.
10. Cancellations
10.1 The Customer may cancel an order for Services without reason within 7 days from the date of the order by written notice to CBIT Internet.
10.2 Upon receipt of such notice CBIT Internet shall refund all monies paid by the Customer in full within 30 days of the notice.
10.3 All domain name registrations and pre-registrations and domain name renewals supplied by CBIT Internet to the Customer within 7 days of the date of order shall not be subject to the 7-day cancellation period.
10.4 Upon receipt of a cancellation notice or otherwise upon the expiry or termination of this agreement CBIT Internet will be entitled to delete and not retain any records, data, programs or other content of the Customer.
11. Complaints
11.1 The Customer may lodge a complaint under this agreement to CBIT Internet in writing and sent to CBIT by mail, fax or email: support@cbit.com.au
12. Applicable Law
12.1 This Agreement is governed by the law in force in the Australian Capital Territory at the time that Services commence. The parties agree submit to the jurisdiction of the Courts and tribunals of the Australian Capital Territory for determining any dispute concerning this Agreement.
13. Headings
13.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this agreement.
14. Agreement
14.1 The Customer has not relied on any representation by CBIT Internet other than those expressly stated in this agreement.
14.2 Prior to entering into this agreement, the Customer represents and warrants to CBIT Internet that the Customer has read, understood and agrees to be bound in full by the CBIT Internet General Terms and Conditions
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