Terms

This document establishes any and all terms and conditions of agreements between Short Information Technology and its customers. This document also includes acceptable use policies as they relate to the Customer's use of the Internet and the other services provided by Short Information Technology.

For the purposes of this document the general public and paying clients are referred to as the "Customer". Short Information Technology is referred to as "the Vendor" or "Short Information Technology" or "Short I.T."

1. SERVICE DESCRIPTION

The Vendor provides various services to its customers for a fee. These services include, but are not limited to Internet services such as domain hosting, web site hosting and electronic mail services. To receive such services a customer account must be established with the Vendor and any initial or setup fees must also be paid. The Vendor reserves the right to refuse service to anyone for any reason.

2. SERVICE USAGE

A. Legal Parameters: This service may be used only for lawful purposes and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited. Customer agrees to indemnify and hold harmless the Vendor from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by the Customer.

B. Unilateral Service Revocation: In the event that the Vendor, at any time, believes that the service is being used by the Customer in contravention of the terms and provisions of this contract, the Vendor may, at its sole discretion, immediately discontinue such service to Customer, without liability other than for the refund of unearned prepaid service fees. The amount of refunded fees, if any, is the sole discretion of the Vendor.

3. NO WARRANTIES

With respect to the service to be provided hereunder, the customer acknowledges that the Vendor makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, the customer agrees that the Vendor shall not be liable to the customer for any claims or damages which may be suffered by the customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of the Vendor. The customer hereby agrees to indemnity and hold harmless the Vendor from any and all claims of whatever nature brought by any of Customer's customers against the Vendor.

4. USE OF INFORMATION

The utilisation of any data or information received by customers from the utilisation of the service to be provided by the Vendor is at the customer's sole and absolute risk. the Vendor specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services provided to the customer.

5. DOMAIN NAME

If the Vendor shall acquire an Internet Domain Name on behalf of the customer, then in such case the Customer hereby waives any and all claims which it may have against the Vendor for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by the Vendor for any reason. Any costs incurred by the Vendor in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to the Vendor upon invoice from the Vendor to the customer.

6. SERVICE FEES AND INVOICING

Customer shall pay any initial fees set forth by the Vendor prior to the commencement of service. In addition, the Customer shall be charged for an initial three (3) month period of service. In the event that Customer shall fail to pay for such services in advance of that three (3) month period, then the Vendor shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, the Vendor may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require a $40 re-connect fee.

7. CUSTOMER SUPPORT

All support inquiries initiated via e-mail should be addressed to: tsd@shortit.com.au or other e-mail address provided on the Short I.T. web site. Support issues may also be initiated through the electronic forms located in the Support Center available at the Vendor's web site. The Vendor will make a diligent effort to resolve issues related to services provided to a customer, but does not guarentee to provide a solution for every issue raised. The Vendors services are provided "as-is" under the warranty stated in paragraph three (3) of this agreement.

8. CANCELLATIONS

Any cancellation of services must be requested by written notice delivered in person or through the regular postal service. Cancellations may also be accepted by telephone, providing that the Vendor is satisfied regarding the Customer's identity. The Vendor may also accept cancellations via e-mail, or through forms on the Vendor's web site, if the identity of the requestor can be reliably determined. In the event that the Vendor cancels a Customer's service due to violation of these Terms and Conditions by the Customer, the Vendor retains the sole right to determine the amount of, if any, refunds that are returned to the Customer. In the event that the Customer wishes to cancel their service for any reason, notice must be given to the Vendor at least 24 hours prior to the actual date of cancellation.

9. SCOPE OF AUTHORITY

Customer has no authority, apparent or otherwise, to contract for, or on behalf of the Vendor, or in any other way legally bind the Vendor in any fashion, nor shall Customer be authorised to make any representations about the Vendor or its services other than to reiterate to its Customers the Vendor's responsibilities as outlined in this agreement.

10. CHANGES IN TERMS OF AGREEMENT

The Vendor reserves the right to make changes to the above terms and conditions of this agreement upon thirty (30) days of posting notice to its customers, advising of the change and the effective date thereof. Such notices will be regularily posted to the Vendor's web site, http://www.shortit.com.au. The Customer agrees to monitor the Vendor's web site for notice of changes in this agreement on regular basis. Changes in monthly service fees shall become effective only at the end of the customers current billing period for which the customer has prepaid. Utilisation of the service by the Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms.

11. DISPUTES

  1. Venue: Should any dispute arise under the terms of this contract, the parties agree that venue for resolution of said dispute shall be St Marys, Sydney, Australia.
  2. Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, if the Vendor shall be the prevailing party, the Vendor shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

12. ENTIRE AGREEMENT AND SEVERABILITY

This instrument constitutes the entire agreement between the Vendor and the Customer, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the Vendor and the Customer, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement, which it evidences, shall remain in full force and effect.

General

The Internet is a voluntary association of users interested in and willing to exchange information and data with other Internet users. At present there is no oversight group providing governance over the principles, policies or procedures for use of the Internet or the information and data accessed via the Internet.

In order to facilitate their contractual relationship the Customer and the Vendor wish to define a working protocol of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.

To this end the parties agree as follows:

Principles Governing Acceptable use of the Internet by the Customer

Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognises this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users. This general guideline carries with it the following specific responsibilities:

  1. Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and it's operating principles and procedures.
  2. Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.
  3. Unsolicited Commercial E-mail - We strictly prohibit Unsolicited Commercial E-mail, also known as "spam". This includes using our network to distribute unsolicited bulk e-mail from your site on our servers or using any outside network to send bulk e-mail advertising your site on the Vendor servers. the Vendor reserves the right to immediately terminate any customer account associated with unsolicited e-mail and no refund will be issued for any unused service fees.
  4. Compliance with Laws - The Customer will ensure that their use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
  5. Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
  6. Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.
  7. Discretion and Judgement - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
  8. Pornography - Due to legal and social issues, we will not accept any customers who publish, store or otherwise process pornographic material. If an existing customer violates this principle, the Vendor reserves the right to immediately terminate the Customer's account and no refund will be issued for any unused service fees. Material deemed to be pornographic is the sole discretion of the Vendor, with due regard to the laws of Sydney, Australia.
  9. Excessive Service Usage - Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other shared resources provided by the Vendor. Judgements of excessive usage are determined solely by the Vendor and will be considered in comparison to other the Vendor customers using similar services andy paying the Vendor similar rates. the Vendor will contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both the Vendor and the customer, and that the customer continues to use excessive resources, the Vendor reserves the right to immediately terminate any customer account associated with excessive resource usage.


Last Updated: June 18, 2006