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Terms of Service / Acceptable Usage Policy


Terms and Conditions

These are the standard terms and conditions which apply to all websites and projects, hosted and managed by Cyber Factory. For the most part they should not have any effect on the way you use our services, the conditions outlined in this document are not intended to be more restrictive than most other commercial IT services available in the Australian Market.

They are provided to protect both ourselves, you and other clients using our services from having your level of service being down graded by the actions of others. If you have any problems with any of the conditions or terms please feel free to contact us as we are willing to discus and resolve any problems you may have.

This agreement governs the terms of use by the Client of all Services provided by Cyber Factory.

By accepting these terms and conditions the client recognises that they are also accepting to act within the bounds of the Acceptable Usage Policy below.

The Client agrees to use Services according to the following terms and conditions:

1. The client agrees to use the services according to the account selected or as specifically stated on their invoice. In the case of developers or where a single client holds multiple accounts these terms and conditions will be taken as binding to all existing and subsequent accounts once the client has provided acceptance of these terms and conditions.

2. Billing. All accounts are to be paid by DirDep on a monthly basis in advance before the beginning of each month. Payments not received by the 10th day of the month will be charged to the nominated C/C account, plus a transaction fee of 3%. Cyber Factory will refund the proportional value of any unused services less any outstanding charges owed by the client. Excess usage charges will be billed and arrears must be paid by the client. Suspended accounts will be charged a $20 fine for paper work and processing fees.

3. Variation of Agreement. Cyber Factory may from time to time vary the terms, charges and conditions outlined in this agreement. The version of this agreement that is published at www.Cyber Factory should always be taken as the binding and most recent version of these terms and conditions.

4. Term of Agreement. Subject to clause (5) This agreement will continue for a period of 3-months unless otherwise stated. This agreement will automatically be renewed on a monthly basis at the end of the initial Term unless terminated in accordance with this Agreement.

5. Termination of agreement. Unless otherwise stated this agreement may be terminated at any time by the client on the giving of 30 days notice. Unless otherwise stated this agreement may be terminated by Cyber Factory on the giving of 30 days notice. If this agreement is terminated by either party, the proportional value of any unused prepaid services will be refunded unless the use of service was illegal.

6. Compliance with Law. In using the services provided the client must abide by all applicable Local, State (Queensland), Federal and International laws, treaties and regulations and any violation of this provision can result in termination immediately or with 30 days notice depending on the severity of the violation at the absolute discretion of Cyber Factory.

7. Limitation of Liability. Cyber Factory does not warrant to the client that the client will receive continual and uninterrupted services during the Term of this agreement. In no event shall Cyber Factory be liable to the Client for damages resulting from or in relation to any failure or delay of Cyber Factory to provide services under this Agreement if such delays or failures are due to circumstances beyond our control. Such a failure or delay shall not constitute a default under this agreement.
Cyber Factory, its directors, agents or employees will not be liable in any way for any form of loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Client or any person related to or dealing with the client out of, in connection with or reasonably incidental to the provision of the services by Cyber Factory to the Client.

8. Disclaimer of Warranties. While Cyber Factory uses all reasonable care in providing the Service, Cyber Factory shall not have any liability whatsoever in respect of any loss or damage resulting from the provision of the Service, errors or omission in information provided in relation to the service. Cyber Factory's liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.

9. Indemnity. Client agrees to defend, indemnify and hold Cyber Factory harmless from and against any and all claims, losses, liabilities and expenses (including solicitors' fees) related to or arising out of the Services provided by Cyber Factory to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by Client using the Services, but excluding those directly caused by the negligence of Cyber Factory.

10. Refusal of Service. Cyber Factory retains the right to refuse services to the Client. Refusal of service may result if:(a) the client fails to pay accounts within 7 days of the due date. (b) if the agreement is terminated; or (c) if the client uses the misuses the services or fails to comply with the customers obligations under the agreement.

11. Shared servers. The Client understands the Service is provided on a shared server and acknowledges that its web-site cannot overwhelm the server through unnecessarily excessive use of CPU (such that other users/machine performance are/is adversely affected). If a client is deemed to be placing excessive usage on the server it will be deemed by Cyber Factory that shared services are no longer appropriate and will need to relocate their account to a dedicated service. In such a case, if required Cyber Factory will refund any unused portion or prepaid services.

12. Severability. Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement and such invalidity shall not affect the validity of the remaining provisions of the Agreement.

13. Passwords. The Client must ensure their password is only given to people whom they give authority to access their account. Cyber Factory takes no responsibility to damage or loss resulting from unauthorised access to an account where access is gained with a valid username and password. Cyber Factory systems will never request to be notified of the Clients password.

14. Unsolicited Email. The Client must not send Unsolicited bulk email via Cyber Factory's mail servers. The Clients site must not be referenced or linked to in Unsolicited email.

15. Permission to access data. The client is given the authority to access data contained in their account only. With the exception of having read-only access log files, users do not have the authority to access, read or write data to any other location on the Cyber Factory servers.

16. Unpaid Accounts. Accounts may be suspended if they are not paid within 7 days of due date and prior arrangements are not made. All data contained in a suspended account will remain on the system, BUT account holders will not be able to access it, the website will display a notice stating that the account is in arrears. Accounts will be removed from the system and all associated data deleted if the account is not paid within 1 month of due date. Whilst accounts are in arrears, clients will not have access to data stored on Cyber Factory servers. Cyber Factory reserves the right to delete data on cancelled accounts.

17. Unauthorised access. Attempt to use Cyber Factory's servers by the Client to attack other networks/computers will result in cancellation of the account at the discretion of Cyber Factory.

18. Entire Agreement. The Client acknowledges and agrees that this Agreement is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.

Acceptable Use Policy

This acceptable usage policy is designed to make clear exactly which activities must not be engaged in whilst using services provided by Cyber Factory.

The policy will in no way restrict your activities provided you act in a considerate and law abiding manner.

1. Acceptance of changes. Cyber Factory may from time to time vary the Acceptable usage policy, charges and conditions outlined in this agreement. The version of this agreement that is published at www.Cyber Factory should always be taken as the binding and most recent version of these terms and conditions.

2. Maintenance. From time to time we must take the service off-line to perform maintenance in the form of software and hardware upgrades to ensure the services continues to operate at its optimum. Maintenance will be carried out in periods of low usage to minimise disruption. All clients will be notified on their nominated contact email address in a reasonable amount of time prior to such activities.

3. Email abuse. The act of sending unsolicited email ("spam" or "junk mail"), or allowing other parties to send such email through you account is not acceptable. Distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited E-mail or spam is also prohibited. Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE. Upon receipt of complaints regarding such activities Cyber Factory will act to prevent such further occurrences, This may include account suspension or cancellation.

4. Forging Headers. Forging or modifying email headers to hide or mislead your identity will not be accepted.

5. Illegal or unauthorised access. Gaining or attempting to gain illegal access, or access without authorisation to computers, networks or accounts owned by Cyber Factory or any external party will not be accepted. Activities related to attempts to gain access to Cyber Factory computer or equipment, or such equipment owned by other parties will not be accepted. Such activities may include (scans or other information gathering activities).

6. Copyright and intellectual property violations. Cyber Factory will not monitor or interfere with content published on our servers unless proper notice is served advising of an infringement of copyright or intellectual property. Users of our services should at all times ensure that all information published and made accessibly to the general public is not in breach of any applicable copyright or intellectual property laws.

7. Privacy of information. In the normal course of business Cyber Factory will not monitor, intercept or interfere with information stored or passing through our system. Clients should be aware that the Internet is not a secure place and should utilise the tools provided (encryption of data transfer including SSH, SCP) to maintain security of the information transferred through our system.

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