1. General
1.1 The Client is the person or entity who is applying to receive,
or receiving, services from LeKhoi.com.au (ABN 93 139 314 092)
1.2 Any service provided by LeKhoi.com.au is provided on an "AS
IS, AS AVAILABLE" basis. LeKhoi.com.au gives no warranty, express or implied,
for services provided. This 'no warranty' clause expressly includes any reimbursement
for losses of income due to disruption of service by LeKhoi.com.au or its providers
beyond the fees paid by the client to LeKhoi.com.au for services.
1.4 Client will use the services in a manner consistent with any
and all applicable laws of the State of Victoria and the Australian Federal
Government.
2. Prohibit content and activities
LeKhoi.com.au reserves the right, in its sole discretion, to suspend
the client's services provided by LeKhoi.com.au - including but not limited
to web hosting services, email accounts or others - without notice upon proof
of breach of the clauses outlined in Section 2 of this agreement.
2.1 IRC servers, pornographic, obscene, hates, illegal or unlawful
natures.
2.2 SPAM or Unsolicited Commercial Email (UCE).
2.3 Violating or attempting to violate the security of the system.
These violations include, without limitation:
- Accessing data not intended for client or logging into
a server or account, which the client is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization.
- Attempting to interfere with service to any other clients,
host or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such
client is not entitled.
2.4 The use of web services is strictly for production purposes
only. Any content may be temporarily removed until client can demonstrate the
non-developmental nature of the content.
2.5 Any content which results in decreased stability of LeKhoi.com.au equipment
or lowers available equipment resources without good cause as deemed by LeKhoi.com.au
will also be deemed developmental and therefore may be temporarily removed as
per 2.4
2.6 Other Activities -- Engaging in activities, whether lawful
or unlawful, that LeKhoi.com.au determines to be harmful to its subscribers,
operations, reputation, goodwill, or customer relations is strictly prohibited.
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3. Responsibility for content
The client is solely responsible for, and without limitation,
the client's website content, backup, any data transmitted or caused to be transmitted
over the Internet to/from the client's website.
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4. Payment
NOTE: All payment are non refundable.
4.1 Payment can be by cheque, money order or direct deposit and
in accordance with the payment terms indicated on the LeKhoi.com.au invoice,
which will be forwarded to the Client by postal mail or email.
4.2 If LeKhoi.com.au does not receive payment within 10 days of
the due date, LeKhoi.com.au has the option of terminating the client's services.
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5. Termination
5.1 The Client may cancel the services provided by LeKhoi.com.au
upon the conditions that requests for cancellation are made in writing and sent
to LeKhoi.com.au email to account@lekhoi.com.au.
Cancellation of any services will not take effect until such notice is received.
5.2 It is the clients responsibility to ensure a letter of termination
is received and acknowledged by LeKhoi.com.au by either phone, registered mail
or email.
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6. Terms & Conditions
6.1 LeKhoi.com.au reserves the right to modify these Terms and
Conditions in any way and as required. Notice of such changes will be delivered
to users via email and postings on the www.LeKhoi.com.au website. Continued
usage of web hosting services indicates the client's acceptance of the Terms
and Conditions in their amended form.
6.2 In the event of a change and the Client should wish to discontinue
using LeKhoi.com.au , the Client must contact LeKhoi.com.au within 21 days of
the change. A refund will be issued at the sole discretion of LeKhoi.com.au
on a pro rata rate for the remaining unused contract period.
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7. Agreement
The client agrees that the above mentioned terms and conditions constitute the
full and complete understanding between LeKhoi.com.au and the client of the
obligations and responsibilities of both parties to the other.
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