TERMS AND CONDITIONS

1.Definition
"Customer" means the person or organisation whose name appears on an account for any Web Age service, the Customer may be acting as an authorised agent of another person or organisation listed on an application form.
"Service" means the service supplied to the Customer by Web Age, as detailed on the Web Age web site and associated documentation.

2. Confidentiality
The Customer hereby agrees that all confidential information provided by Web Age to the Customer shall not be disclosed by the Customer to third parties without the express consent of Web Age or its authorised agents. Confidential information shall include but not be limited to details of the Service, fees and charges, and terms and conditions under which the Service is provided.

3. Provision of Service
Web Age shall supply the Service to the Customer. The use of the Service is at the Customers sole risk. Neither Web Age nor any of its agents or employees warrant, that the Service will be uninterrupted or error free. Web Age does not accept any liability for loss of data or failure of email delivery cause to the Customer through use of the Service. The Service will be made unavailable from time to time for periods of system maintenance. Web Age cannot and will not monitor or attempt to control the content and information accessed through use of the Service and will not bear any responsibility for content or information accessed. Web Age may monitor and/or keep logs of the Service. The service is provided on an "as is" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. The provisions of this clause will survive any termination of this agreement. Any liability of Web Age shall be limited to the resupply of the relevant Service. The Service cannot be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including activities prohibited under the Australian Commonwealth Government Telecommunication Act 1989 or under other applicable Australian State and Commonwealth laws; and/or any unauthorised use of copyright material.

NO SPAMMING. spamming, sending unsolicited advertising to numerous email addresses or newsgroups and /or generating a significantly higher volume of outgoing email than a normal user, allowing spamming by third parties to promote a web site hosted by Web Age, trolling, posting outrageous messages to generate numerous responses, mailbombing, subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, attempting without authorization to enter into a secured computer system, newsgroup flooding, forgery, account hacking, posting of defamatory, scandalous, or private information about a person without their consent, violating trademarks, copyrights, or other intellectual property rights, misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; resale of access to CGI scripts installed on Web Age servers, or attempting to use a single customer account for third party web sites by allowing more than one domain to be used to reference pages within the customer's site. Web Age reserves the right to determine what constitutes abuse.

4. Security
The Customer agrees that the security of the Service is solely the Customers responsibility. The Customer is responsible for maintaining the confidentiality of his/her password. The Customer further agrees that if the security of the Customers Service has been compromised in any way, the Customer will inform Web Age immediately in writing as set forth in section 7 herein. The Customer agrees that if any security violations are believed to have occurred in association with the Customers Service, Web Age has the right to suspend access to the Service pending investigation and resolution. A Web Age account may not be transferred without prior written approval from Web Age. In the event of a breach of security through the Customer's account, the Customer will be liable for any unauthorized use of the Web Age services, including any damages resulting therefrom, until the Customer notifies Web Age's customer service.

5. Charges
The Customer shall pay the charges as and when they fall due via credit card. Web Age may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. GST may be payable additional to service charges on some Services. The charge for using the Service may be altered from time to time. Web Age warn Customer about changes in advance.

6. Indemnity
The Customer hereby indemnifies and shall keep indemnified Web Age in respect to any loss or damage action claim suit or proceeding against Web Age by any person in respect to the use of the Service by the Customer including but not limited to the transmission of any illegal and/or fraudulent material which the Customer transmits or causes to be transmitted.

7. Notices
All notices shall be in writing and shall be sent by hand delivery, post or facsimile, or electronic mail to the parties hereto at their respective addresses as specified on the account application form.

8. Termination
This agreement shall remain in place until it is terminated by either Web Age or the Customer by giving to the other party one month's written notice. Please include the username, password, domain name and the email address you used to sign up for service so Web Age can verify your identity. Web Age reserves the right to terminate the Service without written notice if in the sole opinion of Web Age the Customer misuses or abuses the service. If your account is cancelled because you have violated Web Age usage policies, no refund will be paid. When the Customer cancels his/her account, the Customer forfeits any unused portion of your service for which you have pre-paid. Web Age does not provide refunds for monthly services or yearly services (after the first 7 days grace period)! The Customer will not receive a refund for time that your account resided on our servers, unless the cancellation is made within the first 7 days of the account sign-up. After the initial first week of grace period no refund will be given!

9. Disclaimer
Web Age will not be responsible for any damages customers or their enterprises may suffer. Web Age makes no warranties of any kind, expressed or implied for services we provide. Web Age disclaims any warranty, merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions caused by Web Age and its employees. Web Age reserves the right to revise its policies at any time.

10. Limitation of Liability
In no event shall Web Age be liable to customer for any damages resulting from, or related to, any failure or delay of Web Age in providing access to the internet under this agreement. Web Age makes no warranties of any kind, expressed or implied for services we provide. Web Age disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall Web Age be liable to customer for any indirect, special or consequential damages or lost profits arising out of or related to this agreement, the performance or breach thereof, or the accuracy or correctness of databases or the information contained therein, even if Web Age has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in Web Age services or goods, or arising from this contract in any respect, shall be brought within a period of one (1) year following the occurrence or said claim shall be deemed waived. Web Ages liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to Web Age hereunder. Web Age will not be responsible for any damages suffered by customer in any way related to this agreement. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by Web Age and its employees by its own negligence or customers errors or omissions. Web Age reserves the right to revise its policies at any time.

9. Other
This agreement shall be governed by the laws in force in the State of Queensland, Australia and each party hereto submits to the exclusive jurisdiction of the Courts of that State. These terms constitute the full and entire agreement between the parties with regard to the supply of the Service. Neither this agreement nor any term in it may be amended, waived, discharged or terminated except by a written instrument signed by all parties hereto.