Provision of Services
1.1 - On and from the date of payment by you of the initial fees for the Services (as set by Aust Domains from time to time), Aust Domains agrees to provide the Services to you for the period to which those fees apply subject to the terms of this Agreement.

1.2 - Aust Domains shall, subject to the Agreement, use its reasonable best endeavours to maintain the continuity of Services to you for the term of this Agreement.

1.3 - The Term of this Agreement may be extended by agreement between the parties by the payment of the renewal fees that Aust Domains sets from time to time.

Client Obligations
2.1 - You warrant to Aust Domains that you are at least 18 years of age. Aust Domains may terminate this agreement immediately without providing a refund if it discovers that you are under 18 years of age at the time of entering into this Agreement.

2.2 - You undertake to Aust Domains not at any time to publish using the Services any material that infringes any third party's intellectual property rights or any other rights. You further agree to comply strictly with all relevant laws, regulations, ordinances and other legislation of whatsoever character as amended from time to time.

2.3 - You shall not permit any other person to use your username in order to gain access to the Service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the Services. If your password becomes known, you will inform the Aust Domains help desk immediately. The Aust Domains help desk may require you to change your password where it considers necessary.

2.4 - You agree at all times to indemnify Aust Domains for any expenses, costs, damages, penalties, imposts and any other liabilities Aust Domains incurs from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with Aust Domains providing you with the Services, including without limitation liability for breach of copyright or any other intellectual property rights.

Acceptable Use
3.1 - You may only use the services for lawful purposes; in particular you may not use the services:

a. to publish defamatory, offensive or abusive material or material of obscene or menacing character; or

b. to publish any material (including viruses) which is likely to cause harm to Aust Domains or any other computer systems.

3.2 - You specifically understand that the provision of paragraph 3.1 extend to and include use of the Services in connection with the use or distribution of any software in breach of any copyright or other intellectual property rights.

3.3 - You will not enter another computer via the Services with malicious intent, nor will you disturb or disrupt any computer, system or network ("malicious hacking").

3.4 - You will not publish or display any pornographic material using the Services.

3.5 - You will not engage in the sending of bulk, unsolicited commercial or political advertising via email or Usenet posting ("spamming").

3.6 - Electronic fora such as mailing lists and newsgroups have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.

Search Engine Optimisation Service Guarantee
4.1 - Aust Domains will on request refund the cost of its Search Engine Optimisation Service to any customer whose Web site is not within three months of the performance of that Service featured in the top 10 Google search results (http://www.google.com) utilising keywords selected by Aust Domains in its sole discretion.

4.2 - You acknowledge that Aust Domains does not have direct control over search engine placement and that although Aust Domains will use its best endeavours to maintain a high position for your Web site, no ongoing guarantee of placement position is made.

Purging of emails and Web content
5.1 - You acknowledge that if you do not access your email account for a period of one month or longer without prior arrangement, Aust Domains reserves the right to terminate your email account, delete all information stored on it and delete Web content from your account without notice to you.

5.2 - Aust Domains may delete email or Web content from your account that is in excess of the usage quotas that it may determine and notify to you from time to time.

5.3 - You should not retain information of value to you, which can only be accessed using the Services, or rely on the Services for transmitting information of value to you.

Service Levels
6.1 - Aust Domains agrees to maintain the availability to you of its network for 99.9% of each calendar month as assessed by Aust Domains using its own facilities and by reference to fault reports accepted from you. Aust Domains's network will be deemed to be unavailable to you if

a. the Services include Web hosting and the hosted Web site is completely unavailable from the wider Internet for a continuous period of thirty minutes or longer; or

b. the Services include email hosting and correctly addressed email is permanently bounced from Aust Domains' server, or email already delivered to your mailbox is unavailable for collection, for a period of one day or longer.

6.2 - Aust Domains's network shall be deemed to not be unavailable in the event of unavailability caused or contributed to by you or any person or thing under your control or power, during any period of scheduled maintenance notified by Aust Domains to you in advance, if the unavailability is caused by malicious action of a third party, or by reason of any Force Majeure.

6.3 - In the event of the unavailability of Aust Domains's network during a given month, You will be entitled to claim from Aust Domains a credit against future invoices of 10% of the fees paid or payable by you to Aust Domains for the month in which the unavailability occured.

Payments
7.1 - If any payment due from you to Aust Domains is not received by the due date, you authorise Aust Domains to directly debit that payment using the credit card account details provided by you upon registration.

7.2 - Aust Domains is entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to Aust Domains. Without limitation to the above, Aust Domains may charge an administration fee of $30.00 for any dishonoured cheques.

Security of Information
No data transmission over the Internet can be guaranteed as totally secure. Whilst Aust Domains strives to protect such information, it does not warrant and cannot ensure the security of any information which is transmitted. Accordingly, any information which you transmit is transmitted at your own risk, and any information which Aust Domains transmits is transmitted without warranty as to its security. Nevertheless, Aust Domains will take resonable steps to preserve the security of information sent or received using the Service to the extent that such security is within its control.

Termination by Aust Domains
9.1 - Aust Domains may terminate the Services immediately:

c. if it has reason to believe that you are not using the services in accordance with these terms; or

d. if a competent regulatory authority requires Aust Domains to do so.

Exclusions and Limitations
10.1 - This clause does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this Agreement to be void.

10.2 - Aust Domains excludes all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition").

10.3 - The liability of Aust Domains to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of Aust Domains, to refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of Aust Domains is not limited under this Agreement).

10.4 - Aust Domains is not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice to Aust Domains.

10.5 - You shall not hold Aust Domains liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit.

10.6 - You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve Aust Domains from any such legal responsibility in this regard.

10.7 - You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of Aust Domains. Aust Domains exercises no control whatsoever over the content of the information passing through the Services.

Amendment
Aust Domains may amend these Terms and Conditions at any time. It is your responsibility to review Aust Domains's Web site periodically to ascertain whether these Terms and Conditions have changed. The amended Terms and Conditions will become effective as soon as they are posted on the Aust Domains Web site, following which if you continue to use the Services, you are deemed to have agreed to be bound by those amendments.

General
12.1 - This Agreement is governed by the law of Western Australia.

12.2 - Each party submits to the exclusive jurisdiction of the courts of Western Australia.

12.3 - This Agreement embodies the entire understanding and agreement between the parties as to the subject matter of this Agreement.