WEB HOSTING TERMS AND CONDITIONS

1. Definitions
1.1 By subscribing to TRUBLUE you are subject to the following terms and conditions which constitute the entire agreement between you and TRUBLUE. All warranties, undertakings, inducements and representations whether expressed or implied, statutory or otherwise relating to the provision of services are excluded.
1.2 'User' means any person/s or device that connects to TRUBLUE for the purpose of gaining access to the service provided by the customer.
1.3 'Customer', 'You', 'Your', means the person/s or company which has entered into an agreement with TRUBLUE.
1.4 'TRUBLUE' refers to Cpanel software, Control Panel software, Auction Classifieds Pty Ltd it's networks and it's system and any company, business, or hosting service that TRUBLUE operates, may have purchased or has integrated.
1.5 'Service' means products and services offered by TRUBLUE.
1.6 'System' refers to any device that is used to supply services by TRUBLUE.
1.7 This agreement is governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, when determining any dispute concerning this agreement.

2. Terms of this Agreement
This Agreement commences on the Application Date and will continue until Services are terminated by either party. If you terminate this Agreement you will remain liable for all Charges and all other amounts that you are required to pay under this Agreement.
The Service Supply Term of this agreement is as per the service level selected on registration or last renewed period, at which time it will automatically be renewed for a further consecutive fixed period, until you provide 7 days written notice requesting termination before the end of the Supply Term. Termination cannot be effected prior to the expiration of a Supply Term.

3. Registration
3.1 During the subscription process you will be asked for personal information and you authorise TRUBLUE to obtain personal information about you to support your application to become a TRUBLUE Customer and to conduct all relevant credit checks and searches to enable TRUBLUE to determine your credit worthiness. TRUBLUE reserves the right to refuse any application for an account without giving a reason. Your privacy will be respected at all times, however TRUBLUE may monitor or keep any records necessary that relate to your use of the service.
3.2 You must be at least eighteen years of age, and provide your correct name, current address and telephone number, as well as a valid Credit Card and or a Direct Debit Request. A current Drivers Licence and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform TRUBLUE of any changes to your personal details.

4. Notices
4.1 Regular notices are posted in your Control Panel or emailed to you for your information. You must regularly check your Control Panel or emails for important notices from TRUBLUE. Notices have been deemed to have been sent when posted in the Control Panel or emailed.
4.2 TRUBLUE publishes a monthly newsletter containing information about services and general news about the Internet that you may find useful.
4.3 We may suspend or terminate your account and/or notify the authorities if we believe that your use of the service is breaking the law. We may warn you (but we are not obliged to do so), suspend your access to the service, terminate your account without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

5. Your Conduct
5.1 You agree not to place, store or relay software or information on the system which is unlawful, or attempt to access internal areas of the system or engage in any forms of "hacking", "relay", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", sub-seven or netbus or derivative" or any destructive or disruptive action against the system and that your account will be debited $150 per hour for any repair work need as a consequence of your actions.
5.2 Your password must remain confidential, is not transferable and you agree not to assign, transfer or resell this agreement. You are responsible for selecting and maintaining at your expense any facilities or equipment necessary for you to connect to TRUBLUE.
5.3 If you use obscene language, abuse, threaten or harass any TRUBLUE staff member in person, via the telephone, fax or e-mail your account may be terminated immediately.
5.4 You agree to monitor your service and to select an appropriate service level using the Control Panel provided on the TRUBLUE web-site.
5.5 You may not use our service for any purpose which violates local, State, Federal or international laws or send any unsolicited messages or spam in any form.
5.6 You may not violate copyright or other intellectual property rights, illegally store, use or distribute software to transmit threatening, libellous, obscene or offensive materials or to engage in electronic `stalking' or any other form of harassment.
5.7 You may not misrepresent or defame others, commit fraud; gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet or damage, modify or destroy the files, data, passwords, devices or resources of TRUBLUE, other users or third parties or engage in misleading or deceptive on-line marketing practices.
5.8 You may not conduct any activity or solicit the performance of any activity that is prohibited by law or make an unauthorised transmission of confidential information or material protected by trade secrets or intentionally omit, forge, delete or misrepresent transmission information including headers, return mailing addresses, Internet protocol addresses or engage in any activity intended to withhold or mask corporate identity or contact information.
5.9 Disruption of the network is not allowed. In particular you must not distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (`spamming') or send unsolicited commercial messages or propagate computer worms, viruses and other types of malicious programs or make transmissions of any type or quantity which adversely affects our operation or jeopardises the use of our service, or its performance for other subscribers.
5.10 You may not harass or impersonate TRUBLUE or other users; and you may not use the service to interfere with or disrupt other network users, services or equipment or engage in soliciting subscribers to other services or use our service to solicit subscribers to become subscribers of other competitive services.
5.11 You may not resell our services under any circumstances unless expressly approved by TRUBLUE in writing.

6. General Conditions
6.1 TRUBLUE is not responsible for the content of traffic sent or received and we exercise no supervision or control whatsoever except when directed to comply with clause 13.2.
6.2 This service is a subscription based service and non usage of the service means that you will continue to incur your monthly subscription fee unless you cancel in writing as per clause 13.
6.3 You are responsible for the use of your account. If you permit others to use our service, you are responsible for obtaining responsible compliance of others.
6.4 You are responsible for complying with conditions of use of other networks and if we provide you with access to a network outside our service you must comply with any conditions applicable to that network.
6.5 The customer authorises TRUBLUE to use the customer data in order to fulfil it's service obligations under this agreement.

7. Technical Conditions
7.1 We will assign the customer a username and password which will provide access to your Control Panel (which is used by you to configure various features of your Web Site/ Email Service). We will provide the customer with Web and Email Services as per the Web Host service level subscribed to and/or selected in the Control Panel.
7.2 Advise for the Customer on the correct operational procedures is provided via the Help Links located in the Control Panel for the various features.
7.3 TRUBLUE performs scheduled maintenance to servers from time to time. TRUBLUE will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will post details of the scheduled maintenance to the Control Panel in advance.
7.4 In the event of a technical failure, modification or maintenance of the service resulting in an unscheduled outage, TRUBLUE will post details of the event to the Control Panel after the maintenance has been completed.
7.5 TRUBLUE will backup data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, TRUBLUE will restore from the last archive. You must maintain a recent backup copy of your latest data at your premises. In the event that corruption of all TRUBLUE archives does not enable TRUBLUE to restore your data, you will be required to upload your data to your Web Site.
7.6 You agree to conduct any tests, including computer virus scanning, to ensure that data you upload or download to the server does not contain any computer virus.

8. Limitation of Liability
8.1 TRUBLUE is not liable to you or any other person/s for any cost, loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from your use of the system, information obtained from it, arising from our supply or failure or delay in supplying the service.
8.2 TRUBLUE is dependent on external network and data services, therefore you indemnify TRUBLUE for any inability to provide such services which are beyond it's control. TRUBLUE does not guarantee that access to any system either internal or external to TRUBLUE, will be available at any given time or that the files, information or services will be error free or fault free.
8.3 The failure of TRUBLUE at any time to enforce or require the strict compliance of any provision in this agreement, shall not be interpreted as a variation of this agreement. TRUBLUE reserves the right to alter the system rules as required and to subcontract or assign this agreement without giving you notice.
8.4 This agreement is binding upon your successors, assigns, heirs, executors and administrators. If you are underage and have failed to disclosed this to TRUBLUE, this agreement is legally binding on your parents or legal guardians.
8.5 The responsibility for any traffic or data and all possible consequences lies with the creator of the traffic or data and TRUBLUE accepts no responsibility for the consequences of unauthorised breaches of the system or breaches of security such as hacking or denial of service attacks.
8.6 You accept responsibility for all information and material you issue over any service, and indemnify TRUBLUE and hold TRUBLUE harmless against any liability in relation to same.
7.7 You are solely responsible for dealing with the user/s and must not refer complaints or inquiries from the user/s to TRUBLUE.
8.8 You agree that you will have no claim against TRUBLUE in respect of any action reasonably taken by TRUBLUE and you indemnify TRUBLUE against any claim arising out of the same.

9. Service Level Information
9.1 All current Service Levels are published on our website at www.trublue.net.au
9.2 Service Levels are subject to change and subscriptions to any Service Level may be limited to ensure appropriate network performance. Selected Service Levels may be withdrawn when fully subscribed.
9.3 Service Levels, paid monthly, are charged at the beginning of the month for the month inclusive and excess fees are charged at the beginning of the following month.
9.4 Service Levels paid yearly are credited to your account as 12 equal payments. One month's fee may be held in advance. Excess fees are deducted from the total. Service Levels are renewed automatically.
9.5 Fees charged by domain name registries or authorities are in addition to the fees charges by TRUBLUE unless such fees are specifically named as being included in your selected Service Level.
9.6 Updating of zone files on the TRUBLUE name servers will take place when accounts are fully satisfied.
8.7 The Australian Communications Authority (ACCC) states, "your current provider may not allow you to transfer until certain conditions are met. For example, they may require you to give a certain amount of notice that you are cancelling your service with them, or require you to pay all outstanding debts, before they will release you to the new provider"

10. Payment Information
10.1 All services provided are pre-paid services and inclusive of GST. You will be charged, in advance, on a monthly basis at the beginning of each month.
10.2 Your signature on the TRUBLUE Registration form authorises TRUBLUE to deduct, on a monthly basis and without notice, regular payments from the credit card facility you have nominated, for network services provided, registration charges, hosting charges, migration charges, data charges, account administration fees (non credit card accounts $2.55 per month, credit card accounts $24 per annum, direct debit accounts $24 per annum), time used, excess time or data charges and any other charges related to providing your services.
10.3 To establish this service, you are charged two months (the first month and the last month) fees in advance as per your selected plan and if applicable a setup fee. The first month's fee is applied to the first month of access and the last month's fee is held until you notify TRUBLUE that you wish to close your account. TRUBLUE will then apply the last month's fee to your account and schedule your account for closure at the end of the following month. eg: closure notice received 7 days prior to the end of February, your account will remain open until the last day in March.
10.4 All accounts fall due on the anniversary of your subscription period and are billed at this time each month for the current month and must be paid by the 10th day of the same month. A payment reminder may be sent on the 6th or 7th day of each month and unpaid accounts are suspended on the 15th day of the same month. A late payment fee of $15 is applied to your account for payments received after the 10th day of each month. You will be charged a re-connection fee of $20 should your account be suspended. Each dishonoured cheque or credit card payment will incur a dishonour fee of $20 which is applied to your account.
10.5 Your Tax Invoice is issued in the name of TRUBLUE Internet Services and credit card payments are processed to your credit card in the name of TRUBLUE Internet Services
10.6 If you make a cash or cheque payment directly to the TRUBLUE nominated bank account you must fax a copy of the original bank receipt, including your account name and reference number, to the TRUBLUE office to have the payment applied to your account. Or you can use this form provided, Here (also found in the Members Area) to notify us. A $20 discovery fee is applied to your account for locating and identifying payments to the TRUBLUE account that you have not sufficiently or correctly identified.

11. Changing your Service Level
11.1 You may select a different Service Level at any time by using the facility provided in WEB-Com and the change will take effect on the first day of the next month. Unused data or services on your current Service Level will not carry over to the new selection.

12. Credits
12.1 Any money deposited by you to the TRUBLUE bank account that was not requested by a valid TRUBLUE Tax Invoice or where there has been a procedural oversight, will be credited to your TRUBLUE account. Money held by TRUBLUE is not refundable and will be applied to your account until the credit has expired. TRUBLUE will only refund money when ordered by a competent authority.
12.2 If your account is in credit and you fail to nominate a suitable Service Level, TRUBLUE will select the Small Business Hosting for you and apply it to your account until the credit has expired.

13. Complaint Procedure
13.1 If you have a complaint, you must first allow TRUBLUE to resolve your complaint prior to you involving your credit provider, a statutory authority or a third party. Your complaint must be made in writing to TRUBLUE on the appropriate Complaint Form provided here. TRUBLUE will investigate your complaint and provide you with a written response within 21 days of receipt of your Complaint Form.
13.2 Failure by you to first allow TRUBLUE to resolve your complaint prior to you involving your credit provider, a statutory authority or a third party is a breach of this agreement.
13.3 If in the opinion of TRUBLUE, an independent mediator is necessary, your complaint will be handed to the Telecommunications Industry Ombudsman (TIO) for consideration.

14. Cancellation
14.1 To cancel this service, you must provide TRUBLUE with written notification, via the appropriate Closure Form, seven (7) days prior to the end of the calendar month and you account will be closed in the manner described in Clause 9.3.
14.2 TRUBLUE may close, suspend or terminate your service, without notice, refund or credit for the following reasons:
14.2.1 You materially breach any of these terms and conditions or fail to adhere to the TRUBLUE policy.
14.2.2TRUBLUE is made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party's rights.
14.2.3 TRUBLUE is directed by the Australian Broadcasting Authority (ABA) to enforce a takedown notice.
14.3 You will remain liable for all charges owing under this agreement and TRUBLUE may delete any or all of your information, material, software or other content stored on our system at our sole discretion.
You will be responsible for any collection fees (including legal fees and any other costs) incurred by us as a result of the collection of outstanding monies including interest at the rate prescribed by the Supreme Court Act plus 4% calculated daily and compounded monthly.