Terms

SoftTron Pty Ltd (ABN 64 087 914 672)

These are the Standard Terms And Conditions of Supply of the SoftTron web hosting and other services offered from time to time on the SoftTron web site at http://www.softtron.com.au ("the Service"). These terms apply to you as a user of the Service ("client" or "you"). Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions.

1. Terms And Amendment Procedure

1.1 These are the terms upon which we agree to provide the Service to the Client. The agreement made between us with these terms commences on the date listed in the Web Host Mission Control Panel as the date your order for Services was accepted by SoftTron.

1.2 Please look out for any amendments to these Terms and Conditions that SoftTron ("we") might make in the future.

1.3 We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by general notice on a page of the Internet referred to on the home page of our web site at http://www.softtron.com.au. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period.

1.4 If you use the Service after that publication, your use will constitute an acceptance of the amended terms.

1.5 These terms constitute the agreement in its entirety and supersede prior agreements.

1.6 We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at SoftTron's discretion. The terms of a promotion will override these terms to the extent of any inconsistency.

2. Service

2.1 We will assign the client a logon name ("VS number") and password which will provide you with access to the SoftTron Web Host Mission Control Panel (which is used by you to configure various features of your Web Site/ Email Service). We will provide the client with Web and Email Services as per the Web Host service level you have selected in the "Mission Control Panel" and as defined in http://www.softtron.com.au/.

2.2 We will advise the client of correct operational procedures via the workshop web pages located on the SoftTron web site http://www.softtron.com.au

2.3 Scheduled Maintenance - We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will post details of the scheduled maintenance to the Web Host System News at least 48 hours in advance of the maintenance.

2.4 Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, we will post details of the event to the Web Host System News after the maintenance has been completed.

2.5 Archiving of Data - We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your Web Site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out of date, corrupt or otherwise deficient Client Data recovered from our backups.

2.6 The Service is provided by SoftTron from its data centres in Australia. SoftTron will determine in its absolute discretion from time to time the data centre location from which your Service is provided.

2.7 In contracting with SoftTron for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by SoftTron to deliver the Service.

2.8 In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further Services you acquire from SoftTron.

3. Payment

3.1 You must pay for the Service as notified to you by SoftTron in accordance with the prices in force for Services from time to time.

3.2 You must pay all Service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and in advance.

3.3 Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.

3.4 In addition you must provide and pay for:- a. the installation and use of telephone lines and all other equipment needed to access the Service; and b. all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.

3.5 You must pay all amounts billed in accordance with your billing option. No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorization to debit your credit card for all charges. Billing period is on a monthly cycle beginning when you register. If you register after the 28th of each month, your billing date becomes the first of the next month.

3.6 You consent to us obtaining a credit reporting agency containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.

3.7 You agree that if you elect to receive a monthly invoice rather than use the auto-debit billing option you will be charged a monthly Account Keeping fee of $3.50. The fee is applicable to SoftTron customers on Lite, Economy, Business and Enterprise Site levels, and for customers who order Business Mail 30, WC Store Builder, and Add On products.

3.8 Premier Site, Dedicated server customers, and members of the SoftTron Partner Programme will not be liable for the Account Keeping fee.

3.9 The Account Keeping fee will be charged per customer account identified with a unique 'vs' number. If a customer has multiple accounts with SoftTron, the Account Keeping fee will be charged on each account for which monthly invoices are issued.

4. Warranties And Liabilities

4.1 We do not warrant that: a. the services provided under this agreement will be uninterrupted or error free; b. the services will meet your requirements, other than as expressly set out in this agreement or c. the Services will be free from external intruders (hackers) or other persons having unauthorised access to the services or systems of SoftTron.

4.2 Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.

4.3 Except under clause 4.2, SoftTron will not be liable to the Client for: a. any loss or damage in respect of the provision of the Services, b. any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behaviour of the Client, c. any costs, claims loss or damage arising from any information, data or other material provided to SoftTron by or on behalf of the Customer.

4.4 You warrant that a. at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced; b. you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person; c. you will keep secure any passwords used to upload data to the Server and you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.

4.5 You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal or defamatory. You also acknowledges that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.

4.6 You agree to abide by our Acceptable Use and Privacy policies which are located at URL http://www.softtron.com.au and you agree that the terms of those two policies form part of this agreement between you and SoftTron.

4.7 You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.

4.8 Except as provided in clause 4.2. we are not liable to you or any other person for:- a. any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; b. the content, context or confidentiality of any communications made using the Service; c. loss or damage caused by third party software applications forming part of the Service.

4.9 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from - a. your breach of these terms, b. your use or misuse of the Service and c. the use or misuse of the Service by any person using your account, d. publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your Service.

5. Suspension And Termination Of Service

5.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:- a. during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or b. if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

5.2 SoftTron may without notice to you remove, amend or alter your data upon being made aware of: a. any claim or allegation; or b. any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.

5.3 We may end our agreement with you and cease providing Services for any reason, on 30 days notice to you. You may close your account with SoftTron on 30 days notice to SoftTron.

5.4 If your account is closed you must pay all outstanding charges immediately and we may delete all Client Data from any storage media.

6. Domain Names

6.1 If you have requested that SoftTron registers a .com, .net or .org domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net or .org domain names issued by the registrar Melbourne IT Limited located at URL http://www.inww.com/policies/gtldtermcond.php3. You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name.

6.2 If you have requested that SoftTron register a .com.au domain name on your behalf, you agree that you have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited, located at URL http://www.inww.com/policies/comaupolicy.php3.

6.3 You agree that in the event of a dispute in registering a domain name or about a domain name after registration, Melbourne IT's Dispute Policy and the Dispute Policy procedures, and any variations to them from time to time bind SoftTron. You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective, constitutes your continued acceptance of these changes and modifications. You agree that in the event of a dispute you will submit to the jurisdiction of the courts as provided in the Dispute Policy. The Dispute Policy can be viewed at https://direct.inww.com/dispute.sthml. The Dispute Policy procedure can be viewed at https://direct.inww.com/udrp-rules.shtml.

6.4 You agree that you must pay for any registration or delegation charges imposed by Melbourne IT or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance.

6.5 SoftTron makes no representation and gives no warranty about your chosen domain name being available for registration or use by you.

6.6 You indemnify SoftTron against all claims arising out of your registration and use of your chosen domain name.

7. Miscellaneous

7.1 The client grants to SoftTron a license to use and reproduce all Client Data in order to fulfill its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Client's web sites or emails.

7.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.

7.3 The law in force in Queensland and Victoria governs this agreement and the transactions contemplated by this agreement.

7.4 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.

Copyright SoftTron Pty Limited. Version last updated Sept 2001

SoftTron Pty Ltd (ABN 64 087 914 672)

ACCEPTABLE USE POLICY

This is SoftTron's Acceptable Use Policy. It applies to you if you are a SoftTron Customer or User ("you"). It is intended to ensure that your use of SoftTron's service is trouble free and that you have due regard to the law and the needs of other users.

Please read it carefully. It is a condition of your use of our service that you comply with the terms of this Policy.

Please look out for any amendments to the Policy that SoftTron ("we") might make in the future. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.

In this policy we use the following definitions:

Customer means the person or company which has entered into an agreement with SoftTron for supply of Services whether via SoftTron's web site or otherwise.

Potentially Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended).

Prohibited Content means that content so defined by the Broadcasting Services Act, 1992 (as amended).

Service means all products and services offered by SoftTron from time to time, which you use;

Users means users of the Service who have not obtained it as a Customer, but via a Customer who is authorised to resell the Services such as a SoftTron Partner.

SoftTron means SoftTron Pty LTD ACN 087 914 672

1. SOME GENERAL PRINCIPLES

1.1 SoftTron is not responsible for the content of traffic:-

(a) We exercise no supervision or control whatsoever over the content of the information passing through our network.

(b) We do not assume any responsibility for information not sent or expressly authorised by us.

(c) The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic;

(d) We accept no responsibility for the consequences of unauthorised breach of our system security such as hacking or denial of service attacks;

1.2 Your Legal Responsibilities. You can view your legal responsibilities in relation to:

(a) supervising and controlling children's access to Internet content;

(b) procedures which parents can implement to control children's access to Internet content, including availability, use and appropriate application of Internet content filtering software; and

(c) obligations which may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation: at either of the following web sites www.iia.net.au; or www.aba.gov.au.

1.3 You are responsible for use of your account. If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.

1.4 You are responsible for complying with conditions of use of other networks. If we provide you with access to a network outside our service you must comply with any acceptable use conditions which apply to that network.

2. ACCEPTABLE USES

2.1 You have responsibilities. It is your responsibility for yourself and for others whom you permit or enable to use SoftTron�s service to:

(a) use our service and services in a manner which does not violate any applicable laws or regulations;

(b) respect the conventions of the newsgroups, lists and networks that you use;

(c) respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;

(d) respect the privacy of others and to observe the provisions of SoftTron's privacy policy at http://www.softtron.com.au/

(e) use the service in a manner which does not interfere with or disrupt other network users, services or equipment;

(f) refrain from acts that waste resources or prevent other users from receiving the full benefit of our services; and

(g) comply with SoftTron�s Terms and Conditions of supply.

2.2 Use must be ethical. Your use of our services should be ethical and in accordance with accepted community standards.

3. UNACCEPTABLE USES

3.1 You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws. You should obtain independent legal advice about your potential liability for the consequences of the publication of material on a web site or content database.

3.2 Specific kinds of use are not allowed. It is not acceptable to use our service to do any of the following ("Unacceptable Conduct"):

(a) send any unsolicited Comm messages or Comm in any form ("SPAM")

(b) violate copyright or other intellectual property rights;

(d) engage in electronic 'stalking' or any other form of harassment such as using abusive or aggressive language;

(e) misrepresent or defame others;

(f) commit fraud; gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;

(g) damage, modify or destroy the files, data, passwords, devices or resources of SoftTron, other users or third parties;

(h) engage in misleading or deceptive on-line marketing practices;

(i) conduct any business or activity or solicit the performance of any activity that is prohibited by law;

(j) make an unauthorised transmission of confidential information or material protected by trade secrets;

(k) intentionally omit, forge, delete or misrepresent transmission information including headers, return mailing addresses, Internet protocol addresses;

(l) engage in any activity intended to withhold or mask Customer's, or its if you are an authorised reseller, its User's corporate identity or contact information; or

(m) place on the Internet, obtain through the Internet or transmit using the Internet, Prohibited Content or Potentially Prohibited Content;

(n) place on the Internet, obtain through the Internet or transmit using the Internet any of the following:

(i) Content which is (or would be) classified RC or X by the Classification Board. Such content includes:

- material containing detailed instruction in crime, violence or drug use;
- child pornography;
- bestiality;
- excessively violent or sexually violent material;
- real depictions of actual sexual activity; or

(ii) Content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the ABA. Content classified R is not considered suitable for minors and includes:

- material containing excessive and/or strong violence or sexual violence;
- material containing implied or simulated sexual activity;
- material which deals with issues or contains depictions which require an adult perspective.

(o) attempt to do any of these things.

3.3 Disruption of the network is not allowed. In particular, for example, you must not:

(a) distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists ('spamming');

(b) send unsolicited commercial messages;

(d) make transmissions of any type or quantity which adversely affect our operation or jeopardize the use of our service, or its performance for other subscribers;

(e) harass or impersonate SoftTron or other users; and

(f) you may not use the service to interfere with or disrupt other network users, services or equipment.

3.4 Soliciting subscribers to other services is not allowed. It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive services.

3.5 Resale of our services is not allowed. Resale of our services to others is strictly forbidden under all circumstances unless expressly approved by SoftTron in writing.

4. THIRD PARTY COMPLAINT PROCESS

4.1 SoftTron receives from time to time complaints from third parties ("Complaints") regarding Unacceptable Conduct, allegedly being conducted by Customers or their Users. SoftTron will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints subject of court order or proceedings, or where SoftTron reasonably believes that it must take urgent action without reference to the Customer.

4.2 SoftTron's policy is to put the complaining party in direct contact with the party best able to answer the complaint. Therefore, SoftTron's Customers authorize and direct SoftTron to provide to third party complainants the relevant Customer's email contact details.

4.3 SoftTron will take the following steps to deal with third party complaints received by it in relation to a Customer or a User:

(a) First Notification:

(i) Upon receipt of first notification by a third party of alleged Unacceptable Conduct by a Customer or its User ("First Complaint"), SoftTron will log a job in Mission Control to the Customer notifying them of the complaint and a brief summary of the particulars ("First Notice")

(ii) SoftTron will also send a letter or email to the complainant notifying it of SoftTron's policy and procedures in respect of the Unacceptable Conduct complained of, along with direct contact details for the Customer or its User subject of the complaint.

(b) Second Notification

(i) If a second complaint is received by SoftTron in respect of the same or similar Unacceptable Conduct described in the First Complaint, which indicates to SoftTron that the conduct complained of in the First Complaint is continuing ("Second Complaint"), SoftTron will send a letter or email to the Customer enclosing a copy of the Second Complaint and request a written explanation to be provided within seven business days as to the Customer's explanation for the complaint and proposed course of action to resolve it.

(ii) If a Customer fails to respond to the second notification within the period stipulated or if SoftTron is not satisfied with the response, SoftTron may (1) bill the Customer $750 for its ongoing administrative costs of the dispute; and (2) if it considers the Complaint to be material, suspend or terminate the Customers service (or the service of the User subject of the complaints) without further notice.

(i) If SoftTron receives a third notification after the Second Notice, which indicates to SoftTron that the activity complained of in the Second Complaint is continuing, SoftTron will send a letter or email to the Customer ("Third Notice") and require that the activity complained of cease forthwith.

(ii) If within two business days after the date of the Third Notice the Customer has not ceased the activity or shown SoftTron to its satisfaction that the dispute has been resolved, SoftTron may without further notice to the Customer terminate or suspend provision of the Service to the Customer until further notice and bill the Customer $1,500 to cover its administrative costs of the dispute.

4.4 Your right to complain to the ABA about content. If you become aware that a Web Site hosted by SoftTron contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to the Australian Broadcasting Authority by contacting them at: ABA, Head Office, Level 15 Darling Park, 201 Sussex Street, Sydney NSW 2000, or through their Web Site at URL www.aba.gov.au.

5. WHAT WE MAY DO TO ENSURE THAT THIS POLICY IS BEING FOLLOWED

5.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.

5.2 If we monitor the conduct of your account we will safeguard your privacy subject to the terms of our privacy policy.

5.3 We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may:

(a) warn you by email (but we are not obliged to do so);

(b) suspend your access to the service;

(d) notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

5.4 In the event of taking action under 5.2 we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.

5.5 We may in our absolute discretion and without notice to you suspend or terminate your access to the service:

(a) where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party's rights; and

(b) if we are directed to do so by the ABA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended).

5.6 You agree that you will have no claim against SoftTron in respect of any action reasonably taken by SoftTron in its implementation of the terms of this Acceptable Use Policy, and you indemnify SoftTron against any claim by a User arising out of the same.