These terms & conditions represent our requirement to ensure you are informed of your obligations. In short you must respect the law and human rights. You also must not degrade service levels or participate in actions that effect other internet providers. Ignorance of the law or these conditions will result in your account being deactivated. You must also acknowledge that you are responsible for your actions.
Please ensure that you, the subscriber, have read these terms and conditions. You have requested Fluffyduck to provide you ("The Subscriber") with a pay in advanced Internet hosting service, together with associated services and software such as email facilities, and customer support ("The Services"). If Fluffyduck chooses to provide the Services to the Customer, the Customer agrees to be bound by these terms and conditions. The subscriber has 24 hours from application to decline this agreement in the form of e-mail, fax or phone call. If after 24 hours there has been no correspondence then the subscriber agrees to these terms and conditions.
Fluffyduck typically communicates with its subscribers by email. In exceptional circumstances, urgent notifications may also be sent out by email/sms.
Fluffyduck's Services are subscription based. The subscriber will incur charges when using Fluffyduck's Service. Details of plans are available on our web site or by emailing support. The subscriber pays one calendar month in advanced. Automated billing will be run and invoices emailed out depending on the payment options selected by the subscriber. It is understood that all monies paid for Service are non-refundable in part or whole, unless otherwise required by law. We reserve the right to alter these charges and such alterations shall be notified to the subscriber by the giving of one month's notice via e-mail. Fluffyduck may keep any records in relation to the subscriber's use of Fluffyduck's Services. The use of these Services is at the subscriber's sole risk and is entirely the subscriber's responsibility.
The subscriber shall provide correct name, address & information when subscribing and will notify Fluffyduck of any changes. The subscriber's password must be secure and kept confidential at all times.
The subscriber acknowledges some of the content accessible on the Internet is unsuitable for minors and the subscriber agrees that no minor will use the Service with your logon name and password without your express permission. The subscriber acknowledges some of the content accessible on the internet may not be error free, virus free, uninterrupted or suitable for any particular purpose. Under no circumstances shall Fluffyduck be liable for any loss, damage of injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from the use of the system or information obtained from it. When using the system the subscribers take full responsibility morally, legally and ethically for their own actions. Fluffyduck can in now way be held liable for any actions or omissions caused by the subscriber. The subscriber must indemnify Fluffyduck from and against all action, claims, suits, demands, liabilities, cost or expenses arising out of or in any way connected to your use of the Service.
While using the Services, the subscriber shall not (i) place software or information on the system (on any cache or proxy system) or any interconnected system which breaches Commercial Copyright, that is unlawful, may constitute criminal activity or is obscene and/or abusive. (ii) use the Service in a way which interferes with its availability for other subscribers. (iii) use the Service to defame, harass or menace any other person. (iv) send unsolicited messages via e-mail or post commercial advertisements in Newsgroups. (iv) partake in any activities of illegal or fraudulent nature.
Fluffyduck will make all reasonable efforts to ensure the continuity of the Service but does not guarantee access to any system either internal or external to Fluffyduck will be available at any given time. Fluffyduck do not warrant that the Service will be uninterrupted or error free, nor do Fluffyduck make any warranty as to the results obtained from the use of the Service. The Service is provided without warranties of any kind, either expressed or implied, other than those warranties implied into this agreement by legislation such as the Trade Practices Act and which cannot be excluded. To the extent permissible by law, Fluffyduck exclude all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Service or inability to use the Service.
Fluffyduck reserves the right to revoke the Service and /or terminate this agreement if the subscriber breaches these terms and conditions. We may also be ethically bound to report these infringements to the appropriate authorities. Fluffyduck reserves the right to alter the system rules as required without notice.
Termination
a) This Agreement may be terminated by either party, without cause, by giving the other party 30 days signed written or emailed notice. Notwithstanding the above, Fluffyduck may terminate service under this Agreement at any time without penalty if Client fails to comply with the terms of this Agreement.
b) In the event that it becomes necessary for Fluffyduck to enforce the terms of this agreement Fluffyduck shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
Acknowledgement and acceptance of this agreement is required for an account to be setup at Fluffyduck. By signing-up for hosting services you indicate that you have read and understand this service agreement in it's entirety and agree to be bound by it's content.
This Agreement shall remain in place until it is terminated by either the subscriber or Fluffyduck by giving one month's signed written or e-mail notice.
The laws of Australia and its territories govern this agreement.
