Terms and Conditions(TAC) - As of 01/01/2006


  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:

  1. 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.


  2. Any access to other networks connected to Total Net Solutions must comply with the rules and regulations governing such networks.


  3. 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 Also services will be cancelled or withdrawn if no notice is given by the subscriber of payment delays.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.


  4. 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.


  5. 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.


  6. 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.


  7. 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.


  8. 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.


  9. 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.


  10. 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.
     


  11. 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.
 
Disclaimer: By use of Total Net Solution products and services, or this site and its links, the subscriber agree that all information is provided "AS IS" and the inclusion of a link to a site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service, by Total Net Solutions. The links provided herein are maintained by their respective organizations and they are solely responsible for their content. Users agree to hold Total Net Solutions harmless for any and all damages arising out of use of this service and its links.