This document, hereinafter,
"TAC" or "Agreement" is a legal agreement between the
Subscriber, and Cosmic Computers trading as Total Net Solutions. By accepting services from Total Net Solutions,
you agree to be bound by the terms and conditions of this Agreement. Total Net Solutions
obligation to provide services to the Subscriber is conditioned
on the Subscriber's continued adherence to the following terms and conditions:
- All services provided by
Total Net Solutions may be used for lawful purposes only. The transmission
or storage of any information, data or material in violation of any
applicable law, including but not limited to Australia's State and Local
law. Violations of this paragraph include, but are not limited to: the
transmission or storage of trade secrets, copyrighted material, material
judged to be threatening or obscene, or material protected by any other
statute. The subscriber agrees to indemnify and hold harmless Total Net Solutions
from any claims resulting from the use of services in violation
of this section.
- Any access to other networks
connected to Total Net Solutions must comply with the rules and regulations
governing such networks.
- Payment for any charges is
due 14 days after the date of invoice. All payments must be made in
Australian dollars. Accounts which have charges outstanding for over
7 days from the due date of invoice shall be deemed to be in default, and thereby
subject to termination of service. In the event that the subscriber's cheque
is not honoured by the bank against which it is drawn, the subscriber
will be liable for an additional charge of au$25.00. Any charge that
is not paid by the due date of invoice shall be subject
to an penalty charge of 10% on the invoice total.
Also services will be cancelled or withdrawn if no notice is given by the subscriber of payment delays. Total Net Solutions may with withdraw services or products without notification to the subscriber.
- In the event a Subscriber's
account is in default, Total Net Solutions shall have the right to discontinue
service. Total Net Solutions shall further have the right to delete all
files, information and mail under the account. Once Total Net Solutions
discontinues service under this paragraph, if the Subscriber wishes
to utilize the service again, the subscribe must re-apply as a new subscriber,
and pay any and all fees required for new subscribers, including, but
not limited to activation and start-up fees. All compensation due Total Net Solutions
for work completed on behalf of the subscriber, once any down
payments have been paid to Total Net Solutions by the subscriber, outstanding payments will
remain due and payable in full.
-
The Subscriber may cancel the services provided by Total Net Solutions with one month notice. One Month notice is required, however this may be waived at the descretion of Total Net Solutions. Notice is formally required by email or fax on 1300 55 77 03.
- The Subscriber shall keep
in a secure location copies of data, information and material stored
with Total Net Solutions, and shall use such external procedures as are
necessary for the reconstruction of such data in the event of loss or
alteration. The Subscriber shall further immediately report to Total Net Solutions
any loss or errors in the information, data and material and
provide Total Net Solutions with an accurate copy. Total Net Solutions shall
bear no liability for the loss or alteration of such data resulting
from the failure to properly maintain such backup copies and procedures.
- The Subscriber certifies
that he or she is at least 18 years of age, and is legally able to enter
into contracts under the law of the Subscriber's state of residence.
- Charges for services under
this agreement shall be in accordance with Total Net Solutions's price
schedule in effect at the time such service is rendered. Total Net Solutions
shall have the right to change its price schedule.
- Total Net Solutions warrants
and represents to CLIENT alone, and not to any other party, that the
Products shall conform to their respective functional and technical
specifications as issued and amended by Total Net Solutions from time to
time.
- Violating the following policies
will result in immediate cancellation of services:Obscene Material
Pornography and sex-related merchandising are prohibited on any Total Net Solutions
servers. Total Net Solutions will be the sole arbiter as to what
constitutes a violation of this provision. Total Net Solutions will be
the sole arbiter as to what constitutes a violation of this provision.
Total Net Solutions is required by law to notify law enforcement agencies
when it becomes aware of the presence of child pornography on or being
transmitted through our network. Spamming The sending of
unsolicited email, from a Total Net Solutions server, using an email address
that is maintained on a Total Net Solutions server, or advertising a web
site that is hosted on a Total Net Solutions IP Address is STRICTLY
prohibited. Total Net Solutions will be the sole arbiter as to what constitutes
a violation of this provision. Other Activities Engaging
in activities, whether lawful or unlawful, that Total Net Solutions
determines to be harmful to its clients, operations, reputation, goodwill,
,customer relations, productivity or loss of revenue.
- Total Net Solutions reserves
the right to suspend service to the subscriber at any time, and for
any reason.
EXCEPT AS SPECIFICALLY
SET FORTH IN THIS DOCUMENT, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE PRODUCTS, AND Total Net Solutions SPECIFICALLY DISCLAIMS
ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY PRODUCT FAILS
TO CONFORM TO THE WARRANTIES IN THIS SECTION, THE SOLE RIGHT OF THE CLIENT,
AND THE SOLE RESPONSIBILITY OF Total Net Solutions, SHALL BE FOR Total Net Solutions
TO USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE PRODUCT TO CONFORM
TO THE APPLICABLE FUNCTIONAL AND TECHNICAL SPECIFICATIONS. THE SOLE LIABILITY
OF Total Net Solutions TO SUBSCRIBER AND ANY OTHER PARTY FOR ANY CLAIMS ARISING
FROM A FAILURE TO PROVIDE THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT,
SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO MAKE THE APPLICABLE
PRODUCTS AVAILABLE AS SOON AS PRACTICAL AFTER Total Net Solutions HAS RECEIVED
NOTIFICATION THEREOF. Total Net Solutions EXERCISES NO CONTROL OVER THE CONTENT
OF THE INFORMATION, DATA AND MATERIAL STORED OR TRANSMITTED THROUGH ITS
SYSTEMS, AND SHALL NOT BE HELD LIABLE BY ANY PARTY FOR SUCH CONTENT. THE
SOLE CUMULATIVE LIABILITY OF Total Net Solutions FOR ALL CLAIMS MADE BY SUBSCRIBER
OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION
BASED ON CONTRACT, TORT, OR STRICT LIABILITY THEORIES, SHALL NOT EXCEED
THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO Total Net Solutions FOR
THE APPROPRIATE PRODUCT DURING THE MOST RECENT ONE MONTH PERIOD. THIS
LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHICH OTHER
PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
THIS PARAGRAPH SPECIFIES SUBSCRIBER'S AND ANY OTHER PARTY'S SOLE MONETARY
REMEDY.
Should any provision of this agreement be held
to be illegal, invalid, or unenforceable by a court law, the legality, validity
and enforceability of the remaining provisions of this agreement shall remain
unaffected thereby unless otherwise stated. This TAC supersedes all previous
representations, understandings or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order submitted. Use of Total Net Solutions
services constitutes acceptance of the terms and conditions of
this Agreement. |