New Sprout Hosting ("NewSprout") hosts websites and related material on the NewSprout server(s) on behalf of it's Applicants ("Applicant") and registers domains according to their relevant governing body. These terms and conditions apply to Web Hosting services offered by NewSprout as well as the use and registration of Domain Names through NewSprout.
The New Sprout Hosting Applicant hereby:
1. acknowledges all NewSprout prices are in Australian Dollars (AUD) and all prices are inclusive of GST.
2. acknowledges all statements made in this application are confirmed to be true and correct by the Applicant. NewSprout reserves the right to request further proof.
3. any disputes arising in relation to this application shall be governed by the applicable Australian laws.
4. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
5. NewSprout expressly limits its damages to the Applicant for any down time or non-accessibility time to the pro-rata monthly charge during the system unavailability. NewSprout specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
6. confirms that the registration or use of the Domain Name by Applicant does not infrinige nor interfere with the rights of any third party in any jurisdiction with respect to tradename, service mark, close corporation name, company name, copyright, trademark nor any intellectual property right, and that Applicant has the right to use the Domain Name as requested;
7. accordingly indemnifies NewSprout against any loss whatsoever arising from any claim or dispute occasioned by the Applicant’s registration and use of its selected Domain Name, even if NewSprout has been advised of the possibility of such damages.
8. NewSprout in no way supports, encourages, promotes or hosts any materials which are deemed to be offensive or illegal. This includes pornography and sex-related merchandising, adult/sex related sites, pirated software, copyright violations, 419 Scams, Warez sites, Hacker programs or archives, IRC servers, IRC bots and Hate propaganda. NewSprout will not host websites offering a technology, device, service, product, component or part thereof that is designed to circumvent a technological measure that protects the right of a copyright owner i.e. ModChips.
9. NewSprout reserves the right to host any materials and may, at its will and at any time, reject this material, including but not limited to any time after it has been put on NewSprout's server(s). NewSprout will afford Applicant the opportunity to amend or modify the material to satisfy the needs and/or requirements of NewSprout. As directed by NewSprout, if the Applicant fails to modify the material, within a reasonable period of time, the Agreement shall be deemed terminated.
10. Applicant certifies that they are 18 years or older, have full contractual capacity and are duly authorised by the Applicant to contract on Applicant's behalf.
11. NewSprout has zero tolerance for the use of their services for the sending of Spam or unsolicited email. This will result in immediate suspension and legal action.
12. In the event of a website service or email service being suspended due to non-payment, a $30.00 reconnection fee will be payable before the service is unsuspended.
13. Applicant may cancel their service with NewSprout within the first 30 days from this application and NewSprout will refund all money paid to us for that specific service. The cancellation request for the service must be completed via the form http://www.newsprout.com.au/support.php during the first 30 days from this application.
14. A cancellation request for any Web Hosting or Domain Registration service must be completed via the form http://www.newsprout.com.au/support.php 30 days before ceasing the service.
15. any breach by Applicant of the Terms and Conditions contained herein, including but not specifically limited to the payment terms, NewSprout has the right to immediately demand compliance forthwith with all the Terms and Conditions and demand full payment of any amounts owing, alternatively, whilst not forfitting any legal rights owing to NewSprout, to terminate the services and this agreement forthwith.
Additionally to the above, the following Domain Name Suppliers' Code of Practice are applied by the relevant registrars for the following domains:
.au domains Code of Practice
|
