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Welcome to "Tektonichosting.com.au" (the "Site"). Thank you for visiting and have a great time!

Tektonic Hosting provides internet web hosting, web promotion, web development and several other web related services.

It is important to us that you, and our other visitors, have the best possible time while using our Site and that when you use this site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these 'Terms of Use' carefully before using the site, because they affect your legal rights and obligations.

1. Your Acceptance of Terms

If you do not agree with any of these Terms of Use, please do not use this Site because by using this Site you will be deemed to have irrevocably agreed to these terms.

The Terms are entered into by and between Tektonic Hosting. ("Tektonic") and You ("You"). If you are using the Services on behalf of Your employer, You represent that You are authorized to accept these Terms on Your employer's behalf.

This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Please note that these 'Terms of Use' may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current 'Terms of Use', since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These 'Terms of Use' were last updated on May 10, 2005.

2. How To Contact Us

This Site is controlled and operated by Tektonic, 75 Darvall Road, West Ryde, NSW, Australia. Tektonic Hosting can be contacted by telephone on (61) 2 98744139. Please forward any complaints, questions or general correspondence to mailto:info@teltonichosting.com.au.

3. Your Registration

We will assume (and by using this Site you warrant that) that either you have legal capacity to enter into the agreement set out in these 'Terms of Use' (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of this Site and accept these 'Terms of Use' on your behalf.

4. Trademarks and Copyrights

This Site and all materials on this site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by Tektonic Hosting on this site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Tektonic. Tektonic Hosting respects the intellectual property rights of others and asks users of this Site to do the same.

5. Your Use of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these 'Terms of Use'. Modification or use of the Material or any other content on this Site for any purpose not permitted by these 'Terms of Use' may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Tektonic. Any authorization to copy Material granted by Tektonic in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, personally identifiable information to companies whose practices are not covered by this privacy notice unless you have specifically authorized us to do so.

6. Your Conduct

6.1 Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, pornographic content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Tektonic Hosting to be unacceptable use of Tektonic Hosting services including abuse of server resources. Additionally, IRC (or Related Software), PsyBNC, EggDrop, BitchX, or Any Related Application May Not Be Used or Stored (Compressed or Otherwise) on Any of Tektonic Hosting Servers. Adult Content AND Gambling Sites are NOT Allowed.
All Content Must Be Legal In The United States and Australia.

6.2 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not Off the Edge, are entirely responsible for all Content that You upload, post or otherwise transmit via the Services. Tektonic Hosting does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or Objectionable.

6.3 While it is not our intent to monitor Your online communications, Tektonic Hosting reserves the right to edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these Terms. Tektonic Hosting may also remove Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions ("Restrictions") may also result in the termination or suspension of your account. These Restrictions apply to all content provided to or through the Services, including email messages, newsgroup postings, chat, and personal or business web pages.

6.4 You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Services any Material that is Objectionable. You agree not to use any Tektonic Hosting domain name as a pseudonymous return email address for any communications that You transmit from another location or through another service; and You may not pretend to be someone else or spoof their identity when using the Services. Furthermore, You agree not to transmit unsolicited or bulk communications to any Tektonic Hosting account holder or to any Offedge.net or affiliated email address (regardless of whether You use the Services to transmit any such communication).

6.5 You agree not to use the Services for any unlawful activities not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm. Additionally, You agree not to use the Services to:

(a) impersonate any person or entity, including, but not limited to, a Tektonic Hosting official or falsely state or otherwise misrepresent Your affiliation with a person or entity;

(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to tektonichosting.com.au from another accessible page);

(c) upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(e) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;

(f) collect or store personal data about other users.

7. Termination

Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit Tektonic Hosting right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.

Termination of any domain or account will not be processed without the required procedure. Any person wishing to terminate their account or any domain within their account must login to the members area / client area and submit a cancel request for that domain. Terminations will not be accepted without completing the termination step mentioned above. No exceptions will be made. The termination procedure is required for your protection as well as ours. The procedure provides evidence that the individual terminating the account is authorized to do so. Once this request is received, and information verified; the userís data will be erased off the server.

In the event that Tektonic Hosting elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.

In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.

In the event that Tektonic Hosting elects to terminate Customer without cause, Customer shall receive a full refund of any pro-rated balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

Tektonic Hosting reserves the right to terminate any customer without prior notice and without assigning any reason.

All Customers acknowledge that Domain Registration Fees and/or Setup Fees, if any, are Not Refundable.

8. Renewal

We guarantee price freeze for the length of a contract. However, renewals may be subject to new prices.

9. Liability

Customer agrees that Tektonic Hosting shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

Customer further agrees that Tektonic Hosting shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

Customer agrees that it shall not hold Tektonic Hosting liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

Tektonic Hosting is not liable for customer site content backups on their shared hosting platforms. Tektonic Hosting has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.

IN NO EVENT SHALL Tektonic Hosting LIABILITY EXCEED THE TOTAL VALUE PAID TO Tektonic Hosting BY CUSTOMER.

10. Indemnity

You agree to indemnify and hold Tektonic Hosting, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of the Services, including any use by Your employees (including as described in Section 6.2), Your connection to the Services, Your violation of the 'Terms of Use', or Your violation of any rights of another.

11. Representation and/or Warranties

Tektonic Hosting makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Tektonic Hosting liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.

12. Client Content, Backups and Data Loss

Tektonic Hosting performs backups of client content once per week on Linux shared servers, unless otherwise stated. Tektonic Hosting makes every effort to insure that these backups are valid. Tektonic Hosting assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at Tektonic Hosting . Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by Tektonic Hosting and any such contract will be subject to premium monthly charges.

Tektonic Hosting assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.

Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Tektonic Hosting Servers, or of any database maintained on any server operated by Tektonic Hosting in the event Tektonic Hosting is unable to restore customer content from tape backup.

AT NO TIME SHALL Tektonic Hosting ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

13. Security

Customer understands that the Internet and other various networking communications are not secure.

14. Applicable Laws

Customer will ensure that its use of the Internet and any service provided by Tektonic Hosting to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, Tektonic Hosting shall have the right to consider same a breach of this Agreement by customer which shall entitle Tektonic Hosting to terminate Customer immediately without prior notice.

It shall be within the sole discretion of Tektonic Hosting to deem material as inappropriate.

Tektonic Hosting reserves the right to refuse to install and/or accept any hosting account without assigning any reason.

15. Integrity of Information

Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

16. Account Security

Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Tektonic Hosting shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL Tektonic Hosting LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Tektonic Hosting AND CUSTOMER.

Tektonic Hosting will use its best efforts to maintain the integrity and security of Customer's password.

17. Domain Name Ownership

Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall Tektonic Hosting be responsible for this cost.

Domain charges WILL ONLY be paid by Tektonic Hosting on domains that are offered as FREE with selected hosting plans.

Client shall pay ANY AND ALL transfer FEES on Domains that are transferred as FREE domain on selected hosting plans. Tektonic Hosting shall ONLY pay for the renewal on the domain and this DOES NOT include ANY AND ALL transfer fees.

18. Mail Services

Tektonic Hosting mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.

Web based e-mail is provided by Tektonic Hosting for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. Customers store their e-mail on Tektonic Hosting servers at their own risk. POP Mail services are not to be used to transfer system backups or disk images.

19. Bandwidth Usage

Tektonic Hosting reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding the allotted usage monitored by Tektonic Hosting will be given the option to pay for excess usage at a rate of $3.00/month per GB, or will be given notice of suspension of service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.

20. The Following is Not Allowed On Our Servers

Sites with banners, graphics or CGI scripts running from their domain used on other domains. High Yield Income Programs (HYIP) Sites, Web Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 10% of system resources for longer than 15 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

Web Space provided on Tektonic Hosting server is NOT to be used for any kind of backups.

21. Adult Content

Adult-oriented sites are NOT allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group. Sites of such nature will be removed immediately and will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

22. Hosting Account Ownership

The billing contact, as registered with Tektonic Hosting is considered to be the account owner. Tektonic Hosting will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

23. Legal Action

Customer agrees to indemnify and hold Tektonic Hosting harmless in any legal action which arises as a result of Customer's use of Tektonic Hosting services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

24. Changes to this Policy

WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY TIME BY POSTING CHANGES ON-LINE. YOUR CONTINUED USE OF THE Tektonic Hosting RESOURCES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY AS MODIFIED BY THE POSTED CHANGES.

25. Headings

Headings in this Agreement are for convenience only and shall NOT be used to interpret or construe these provisions.

26. Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify Tektonic Hosting via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

27. Renewal

Customer's failure to properly notify Tektonic Hosting of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. Tektonic Hosting current Terms and Conditions may be viewed at www.QualityHostOnline .com

28. Spam/Bulk Email Policy

*** NOTICE CONCERNING MAILING LISTS, MASS MAILING, UNSOLICITED MAILINGS (SPAM)***

Tektonic Hosting STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF ANY DOMAIN HOSTED BY Tektonic Hosting , PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO Tektonic Hosting SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. Tektonic Hosting DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON Tektonic Hosting SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.

MAILING LISTS HOSTED ON Tektonic Hosting SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY Tektonic Hosting IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF OUR SMTP SERVERS.

ONLY HOSTING ACCOUNTS THAT INCLUDE MAILING LISTS AS PART OF THE PACKAGE WILL BE ALLOWED TO OPERATE THEM.

I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY Tektonic Hosting OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY BULK MAILINGS.

29. Online Privacy Policy

Your privacy is important to us. To better protect your privacy, we provide a privacy policy explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Click here to show this policy, which forms part of these 'Terms of Use'.

 
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