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Terms of Service

TobstarNET agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).

Use of TobstarNET Services constitutes acceptance and agreement to both TobstarNET's TOS (Terms of Service) and TobstarNET's AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by TobstarNET shall not be grounds for early contract termination or non-payment by the Subscriber.

1. Term

Ongoing until 7 days written notice is given by either of the parties.

2. Service Cancellation

Service may be cancelled at any time by contacting us

TobstarNET do not offers refund for the service.

3. Fees

TobstarNET does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.

Charges for extra metered services are automatically billed to your account. Subscriber is responsible for monitoring transfer, bandwidth and space utilization, and other metered services.

All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. TobstarNET does not issue refunds or credits except as explicitly specified within this Terms of Service.

If the Subscriber has not fulfilled its dues to TobstarNET, the Service will be terminated after 30 days of the initial suspension date.

4. Adherence to Acceptable Use Policy (AUP)

Subscriber agrees not to allow TobstarNET equipment and services to be used for activities specifically prohibited by the TobstarNET Acceptable Use Policy (AUP) posted at http://www.tobstar.net.au/terms.php. It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.

Subscribers must not allow TobstarNET resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.

Subscriber agrees to compensate TobstarNET for any expenses TobstarNET may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at AU$120 per hour during normal business hours. Emergency investigations are charged double-time at AU$240 / hour with a one hour minimum.

Subscriber is responsible for any activity conducted on their account, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. TobstarNET will endeavor to assist Subscriber but TobstarNET is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's account.

TobstarNET does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.

TobstarNET does not issue refunds for terminating service due to suspected AUP violations.

5. Ownership of Data, Software, Hardware and IP addresses:

All software, hardware and IP addresses provided by TobstarNET are leased to the Subscriber and remain the property of TobstarNET and/or its suppliers. TobstarNET reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. TobstarNET will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

6. Service Levels

TobstarNET may interrupt service to perform maintenance. TobstarNET will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, TobstarNET will provide its best efforts to repair the system as quickly as possible.

In the event that TobstarNET suspects that server security has been breached, TobstarNET reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Subscriber.

Subscriber agrees that TobstarNET shall not be responsible for any service interruptions.

7. Limitation of Liability, Indemnification

Upon the discovery of facts which reasonably indicate that TobstarNET has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify TobstarNET of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against TobstarNET with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to TobstarNET as requested by Subscriber anytime during the twelve (12) month period following such notification, TobstarNET shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to TobstarNET for service fees. Payment will be made via company cheque from TobstarNET. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should Quadra Hosting breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.

The parties acknowledge and agree that TobstarNET shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.

TobstarNET is not responsible for data or content maintained and distributed by TobstarNET facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. QUADRA HOSTING DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. QUADRA HOSTING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8. Miscellaneous

The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by TobstarNET, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.

TobstarNET reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the TobstarNET Web site.

This Agreement shall be construed and enforced in accordance with the laws of the State of Victoria, Australia with respect to transactions entered into and to be performed entirely within the State of Victoria Australia.

All written communications shall be directed to the Subscriber using the contact information provided to TobstarNET at the time of order unless otherwise instructed in writing by Subscriber.

9. Privacy Policy

Our Privacy Policy ensures your right to privacy as we recognise that any personal information we may collect about you will only be used for the purposes indicated in our policy. It is important to us that you are confident that any personal information we collect from you or is received by us, will be treated with appropriate respect ensuring protection of your personal information.

Our commitment in respect of personal information is to abide by the National Privacy Principles for the protection of personal information, as set out in the Privacy Act of Australia and any other relevant law.

10. Questions?

Please contact us if you have any further questions.

 

Subscriber has reviewed the current this Terms of Service and Subscriber and TobstarNET hereby agree by making use of the TobstarNET service.

Revision 0.1 - 22th January 2007