1. J2EEHosting.com.au makes no warranties or representations as to the accuracy of information in or linked to this web site and assumes no liability or responsibility for any errors or omissions in content.

2. J2EEHosting.com.au shall not be liable for any damage to and/or viruses that may infect the Customer's computer equipment or other property on account of the Customer's access to or use of the J2EEHosting.com.au services or products.

3. The Customer acknowledges that there may be interruptions and/or access difficulties from time to time. J2EEHosting.com.au shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from the use or the inability to use J2EEHosting.com.au Services or from any goods or service purchased or obtained or message received or transaction entered into through J2EEHosting.com.au Services or from unauthorised access to or alternation of the Customer's transmission or data to their e-mail address, even if J2EEHosting.com.au has been advised of the possibility of such damages. J2EEHosting.com.au is not liable for any delay or failure to perform resulting directly or indirectly from any causes beyond J2EEHosting.com.au's reasonable control.

4. The Customer forms no right to use any Trademark displayed on the J2EEHosting.com.au Internet web site without the permission of the party that owns that Trademark.

5. J2EEHosting.com.au assumes no responsibility or liability arising from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information. The Customer are prohibited from posting or transmitting any unlawful, threatening, libellous, offensive, obscene, scandalous, inflammatory, pornographic, or other materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

6. J2EEHosting.com.au reserves the right to suspend or terminate, with or without notice, any Customers' account, which in J2EEHosting.com.au's opinion, directly or indirectly is involved in activities, which are detrimental to J2EEHosting.com.au's Internet service or jeopardise the use of J2EEHosting.com.au's service or its performance for other customers or how the wider community will perceive J2EEHosting.com.au. This includes, but is not limited to 'Spamming' e-mail or forwarding spammed e-mail to other Internet user's e-mail addresses, customers listed or cause the listing of J2EEHosting.com.au or its Customers on any Real-time Black List, e-mail bombing and the use of bulk e-mail programs to unsolicited recipients, commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages, attempted unauthorised access to other Internet servers and systems, misrepresentation and abusive or offensive behaviour in newsgroups and other online facilities.

7. The Customer must not use the J2EEHosting.com.au service in a way or post to or transmit to or via the J2EEHosting.com.au service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the J2EEHosting.com.au service. The Customer must not use the J2EEHosting.com.au service to send unsolicited electronic mail messages to anyone. The customer must not attempt any of these acts or permit another person to do any of these acts.

8. J2EEHosting.com.au has the right to recover revenue from the Customer for any costs incurred for damages and/or repairs and/or maintenance and/or loss of business caused by, or resulting from, any of the above activities (clause 5 and 6).

9. J2EEHosting.com.au reserves the right to suspend without notice any Customers' account involved in offensive and/or illegal activities under State and/or Federal laws. In such a case the relevant law enforcement agency (ies) will be notified, and where possible offending material(s) passed on.

10. J2EEHosting.com.au packages may not be combined with any other J2EEHosting.com.au package or offer. Any J2EEHosting.com.au package or offer may be changed or withdrawn at any time, such change will take effect from the end of the Customer's then current package.

11. All administration, registration and set-up fees are non-refundable.

12. Telephone connection charges are the Customers responsibility and are in addition to J2EEHosting.com.au subscription charges. J2EEHosting.com.au shall not be liable, or reimburse Customers for any costs, technical support or phone charges incurred while establishing connectivity with J2EEHosting.com.au services or products.

13. The Customer hereby authorises J2EEHosting.com.au to charge any excess usage of their account at the current rate applicable to J2EEHosting.com.au services at the time the excess were used, and to debit any amounts due to J2EEHosting.com.au from any credit card account previously given to J2EEHosting.com.au for billing purposes. The Customer notes and agrees that any accounting/administration/registration fees are not refundable and that cancellation fees may apply. Dishonoured cheques incur a $16.50 inc. GST handling charge. For other forms of payment, it is the Customer's responsibility to contact J2EEHosting.com.au to renew their subscription for the next period.

14. Registration will not be processed without prior payment. If an account is canceled for any reason, neither the Administration Fee nor any unused time will be refunded.

15. If the payment method for the Customer's J2EEHosting.com.au account is by credit or debit card and payment is not received by J2EEHosting.com.au from PayPal Inc. (www.paypal.com), the Customer agrees to pay all amounts due upon demand by J2EEHosting.com.au. The Customer also acknowledges that all their Credit Card details and payments are handled solely by PayPal, Inc (www.Paypal.com). The Customer acknowledges all dealings with PayPal Inc, remain between the Customer and PayPal inc. This includes all transactions and services they have with PayPal Inc in regards to their payment to J2EEHosting.com.au.

16. The Customer's monthly service fees are payable in advance and are COMPLETELY NONREFUNDABLE The packages paid by credit card be will automatically renewed for the next subscription period, unless written notice of cancellation is received at least 30 days prior to the expiration of the then current subscription. J2EEHosting.com.au may not necessarily contact the Customer to advise renewal. If renewal can not be obtained, J2EEHosting.com.au reserves the right to suspend or terminate the Customer's service.

17. For other forms of payment, it is the Customers responsibility to contact J2EEHosting.com.au to renew their subscription for the next period, otherwise J2EEHosting.com.au reserves the right to terminate the Customer's service. J2EEHosting.com.au may not necessarily contact the Customer to advise renewal.

18. The Customer agrees to pay all charges for their use of the J2EEHosting.com.au services. All charges will be inclusive of the goods and service tax ("GST") where applicable, or as required by law. J2EEHosting.com.au reserves the right to change prices or institute new charges for access to or use of the services at any time upon not less than thirty (30) days' notice to the Customer. All changes will be posted by J2EEHosting.com.au on the J2EEHosting.com.au web site, and the Customer is responsible for reviewing pricing information so posted regularly to obtain timely notice of such changes. Continued use of the J2EEHosting.com.au services or the non-termination of their J2EEHosting.com.au account after changes are posted constitutes the Customer's acceptance of the prices as modified by the posted changes.

19. J2EEHosting.com.au does not under any circumstances allow back channelling. J2EEHosting.com.au reserves the right to charge Customers for any incoming or outgoing traffic if this is breached at 20 cents per MB.

20. J2EEHosting.com.au reserves the right to provide access to the Internet via J2EEHosting.com.au Proxy Servers. During peak periods connections may not always be available.

21. J2EEHosting.com.au may use the information the Customer supplies to contact them regarding their account or other promotional matters.

22. The Customer agrees that if J2EEHosting.com.au is asked to investigate a breakdown in the service and upon investigation it is found that the fault is not due to J2EEHosting.com.au equipment then the Customer agrees to pay A$150 per hour during normal business hours - minimum charge is 1 hour and A$250 per hour outside normal business hours for time and travel.

23. The Customer confirms that they are at least 18 years old and that they have the legal capacity to enter into this agreement.

24. J2EEHosting.com.au Products and/or Services may be withdrawn at any time.

25. TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR RELATED BODIES CORPORATE WILL BE LIABLE IN ANY WAY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES SUFFERED BY THE CUSTOMER OR CLAIMS MADE AGAINST THE CUSTOMER THROUGH USE OF THE J2EEhosting.com.au SERVICE, ANY FAILURE TO PROVIDE J2EEHosting.com.au, INCLUDING A MESSAGING SERVICE, OR IN CONNECTION WITH ANY PRODUCTS, SERVICES OR INFORMATION SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED VIA J2EEHosting.com.au.

26. The Customer agrees to indemnify J2EEHosting.com.au, its parents, subsidiaries, representatives and employees from any claim or demand, including solicitors' fees, arising out of their use of J2EEHosting.com.au Services, including any violation of this Agreement by the Customer or any other person using the Customer's account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

27. This Agreement is governed in all respects by the laws of Victoria, Australia. The UN Convention on contracts for the international sale of goods is expressly disclaimed. Both parties agree that any cause of action relating to this Agreement shall be brought in a Court of Melbourne, Victoria. If any provision of this Agreement was held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall remain in full force and effect. J2EEHosting.com.au's failure to act with respect to a breach by the Customer or others does not waive J2EEHosting.com.au's right to act with respect to subsequent or similar breaches by the Customer or others. The Customer cannot assign or transfer this Agreement and any right under this Agreement, any such attempt is void.

Last updated May 17, 2003