The Internet Service Provider (eMedia Worx) agrees to supply the Customer (You) with Web Site Hosting as prescribed on its web site located at (www.emediaworx.com.au) for a mutually agreed upon pricing structure and term. The Customer agrees to all technical and billing requirements as set forth on this Terms and Conditions contract.

The Customer covenants and agrees to abide by the Terms and Conditions, as specified herein, and within all relevant pertaining Terms and Conditions pertaining to those services provided as set out fully here, in addition to all future revisions, changes in pricing policies, that are publicly posted on the eMedia Worx web site. Due to the ever-changing nature of the WWW, the Customer fully understands the responsibility of keeping themselves abreast of changes in the Terms and Conditions.

Acceptable Use Policy
The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.

Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

eMedia Worx reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. eMedia Worx strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other eMedia Worx customers and us against such harm.

Common sense is the best guide as to what is considered acceptable use, however the following are to be used as a guide to what eMedia Worx deems to be Un-acceptable Use include, but are not limited to the following:

Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail, unless requested upon signup or via notification to us at the Help Desk. Prepayment is due each anniversary (one month, quarter, half year or one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client.

If cancellation is done by eMedia Worx due to restrictions violation, there will be no refund. eMedia Worx will only allow for the discount if cancellation is not the fault of the client, as determined by eMedia Worx. All monetary transactions are calculated in $AU dollars. Additional currencies displayed on the eMedia Worx website are for convenience only and are calculated on international monetary exchange rates at the time, and are subject to change without notice. Additional features can be added at any time. Monthly feature prices are not prorated. eMedia Worx reserves the right to change prices at any time.

Account Cancellation
You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. To cancel your account, please contact us at the Help Desk. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from eMedia Worx that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Indemnification Policy
You agree to use all eMedia Worx services and facilities at your own risk. eMedia Worx specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall eMedia Worx be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold eMedia Worx harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against eMedia Worx, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless eMedia Worx against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with eMedia Worx's server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from eMedia Worx's server.

eMedia Worx shall be the sole judge of what violates this Policy.

SPAM Policy
eMedia Worx is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the eMedia Worx network, by customers or any other users of the eMedia Worx network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the eMedia Worx server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "Spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an eMedia Worx email address or web site URL is prohibited. The use of eMedia Worx servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to Spam will be billed a "clean up" fee of AU$1000.

If you have any complaints or comments regarding Spam on our network, please contact us ASAP at the Help Desk.

Content Policy
All services provided by eMedia Worx may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian or United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless eMedia Worx from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all eMedia Worx servers. This includes sites that may infer sexual content, or links to adult content elsewhere. eMedia Worx will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to eMedia Worx servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software or files
• Hackers programs, files or archives
• Warez Sites
• Irc Bots
• Web Proxy’s
• Streaming Media
• MP3 files without prior permission

eMedia Worx does not host sites of its competitors or web pages actively promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

eMedia Worx will be the sole arbiter as to what constitutes a violation of this provision.

Undesirable Content
Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed.

Software downloads may only be hosted if you are the writer and copyright owner of the software, all other software including freeware, shareware and trial software is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work.

Adult content is not permitted on our servers. If there is any doubt about what constitutes Adult Content in the view of the eMedia Worx, please contact us at the Help Desk for clarification

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Email Policy
eMedia Worx may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.

CGI Scripts Policy
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other eMedia Worx customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

Chat Policy
eMedia Worx does not allow chat rooms, other than the chat room script that is provided via the eMedia Worx Control Panel. You can however link your site to a chat provider.

Traffic Policy
eMedia Worx allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. eMedia Worx customers are discouraged from storing any files that cause excessive traffic on eMedia Worx servers. Please contact us at the eMedia Worx Help Desk for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to eMedia Worx or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill A$00.05 for each MB of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.

Server Security
Unauthorized Access of the servers is strictly prohibited. The Customer agrees not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking". The Customer agrees to indemnify and hold harmless eMedia Worx, its staff and agents for any liability arising from the use of their service.

You are responsible for your username and password. Please secure them carefully. Do not give them out to anyone that you do not trust or do not know. Any damage to the server will be your responsibility.

Backups
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of eMedia Worx, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, eMedia Worx will attempt to recover the data from the most recent archive for a A$100.00 fee.

Customers Responsibility
The Customer agrees to indemnify and hold harmless eMedia Worx, its staff and agents from any claims and expenses, including attorneys fees, related to their violation of the Terms and Conditions contract, applicable laws or unauthorised use of any software or other content.

The Customer understands that eMedia Worx will take drastic measures to protect itself from any legal or civil litigation including, but not limited to, removing Customers web sites from its servers for any reason deemed appropriate by eMedia Worx.

The Customer agrees to pay all charges incurred by the due date of each billing period following execution of this contract, together with any additional charges, costs or assessments made by eMedia Worx under the terms hereof.

eMedia Worx bills on a monthly, quarterly, half yearly or yearly cycle, depending on what option and plan has been selected. There will be a AU$40.00 Re-Activation fee of customer's site for suspension or termination. If payment is not posted to the Customers account within 7 days of the due date the Customers service is subject to suspension or termination without notice. The Customer also agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable legal fees shall be added as principal amounts to such balance.

For credit card customers, you will be charged the appropriate amount at the beginning of your account's billing period. For cheque/money order customers, eMedia Worx must receive your cheque/money order by the beginning of your billing period, or our Authorised Account must have cleared funds via your cheque account. NOTE: eMedia Worx charges a AU$40.00 fee for returned checks.

For international customers, if you are sending a check/money order the amount must be drawn in Australian dollars. If you have to update your billing information or wish to change your payment method please contact us at the Help Desk.

Any request for cancellation must be received in writing via e-mail, regular mail or fax. Cancellations over the telephone are not accepted. For customers who have purchased a yearly plan for hosting and wish to cancel their account before the end of their plan, eMedia Worx will refund half of the remaining balance (this does not include any set-up fees, data charges and additional item charges) of your account. No refund will be payable for less than 1 month of unused hosting.

eMedia Worx's Responsibility
eMedia Worx will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that eMedia Worx, its staff or agents, shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the web servers.

The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the service. eMedia Worx may perform regular back-ups of all data stored on behalf of the Customer, but shall have no liability to Customer in the event all data is lost or destroyed. The Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service.

In the event that the Customer has not complied with the any part of the Terms and Conditions contract or breaches the contract via non-payment of specified charges, eMedia Worx reserves the right to hold any and all Customer equipment, alter access to the service, or to terminate the service, without notice to, or authority from the Customer. eMedia Worx may subsequently charge the customer and may refuse any refund due to the Customer.