Terms, Conditions and Legals for EPOL 16/7/08

Introduction

EasyAs Internet (EPOL) strives to offer all its clients a reliable and excellent a level of service.

Definitions

In these conditions the following words shall have the following meanings, unless the context requires otherwise:

1. “Client” or "you" means the person, firm or company that has requested any Services.

2. “Conditions” means the standard terms and conditions of sale set out herein.

3. “Contract” means any contract for the provision of the Services.

4. “Emu Park Online”, “EPOL”, “we”, “us” or “our” means Emu Park Online (EPOL), with is a division of EasyAs Internet, Business Number BN20717039.

5. “Netiquette" means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited e-mail, mail bombing, misrepresenting that you have third party authorisation and impersonating another person.

6. “Server” means the computer servers used to provide the Service.

7. “Services” means any services supplied or to be supplied by Emu Park Online.

Acceptance of Terms

The following Conditions are the only terms on which Emu Park Online is prepared to provide you with any services. The Conditions shall apply to any and all Services, agreements and contracts and by using the Services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. Emu Park Online reserves the right to review and revise the Conditions from time to time without prior notice and by using the Services subsequent to any revision of these Conditions, you agree to be bound by such changes. Please review them on our website regularly.

If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part, then that provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability in any way.

Illegal Activities and Other Limitations

Emu Park Online basically has to pass on any rules that are imposed by our suppliers and then add any of our own we feel we need to have. If your intention is to violate the laws of this country or anywhere else, then you may as well move on. Our providers and affiliates do not tolerate illegal activity and neither do we. If you are not sure what is legal with regards to a venture you intend to undertake, we suggest you investigate the matter before you proceed.

We reserve the right to immediately suspend or terminate the account, contract and service we provide to any Client who we suspect of illegal activities or.

Your use of this site and any contract or service we provide will be governed by Australian Law and will be deemed to have occurred and been made in Australia. If you have any disputes with us then these will be exclusively resolved in the English Courts.

Absolute Core Conditions - Take Note

To use services arranged or provided by Emu Park Online you must agree to:

1. Accept all legal responsibility for use of the account.

2. Be at least 18 years of age, (or if younger, have your parent's or legal guardian's permission to use our services).

3. Not use our services for any unlawful purposes. Any use of these services which violates any local, state, national or international laws applicable to Emu Park Online, your jurisdiction, or any jurisdiction that your site is subject to is strictly prohibited.

4. Be responsible for maintaining a current backup or copy of your site and all associated data. This should be adequate to easily restore your site.

5. You must agree that use of our services is entirely at your own risk.

6. Accept all of the above and following conditions.

Limitations of Service

Online problems may occur for many reasons, such as, but not limited to, problems with your computer, your ISP, national and international cables or services arranged or provided to Emu Park Online by others that may be outside our control. Emu Park Online does not guarantee that you or others will always have access to your website, the services on it or the services we provide.

You must structure your activities so as to tolerate outages, especially if you are using your site for business.

Contact with Client

Every account must include an email box with details provided to our administration department. Notifications and bills will be sent only to this address and deemed delivered upon sending. Costs related to contact by other methods will be charged to your account.

Services “AS IS” and “AS AVAILABLE”

Services arranged or provided by Emu Park Online are on an "AS IS" and "AS AVAILABLE" basis. Emu Park Online expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

No website, email, written or oral advice, information or communication from Emu Park Online, its employees or associates, or anyone else, shall create any warranty not expressly stated in these terms and conditions.

Emu Park Online will be limited to providing a pro rata refund of fees payable to us for unavailable time where downtime exceeds 24 continuous hours in any calendar month upon application. Any application for refund of fees must be made within 7 days of the failure of service.

Emu Park Online acts as a reseller for a number of services, including web hosting, mail hosting, online shops and database services.

THESE SERVICES ARE GENERALLY HOSTED AT OR ARRANGED OR PROVIDED BY OTHER FIRMS AND IN NO EVENT SHALL EMU PARK ONLINE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS OR DATA, OR ANY OTHER LOSS) ARISING OUT OF THE USE OR INABILITY TO USE ANY PRODUCT OR SERVICE OR ANY OTHER CAUSE. EMU PARK ONLINE SHALL HAVE NO LIABILITY FOR ANY DATA READ, ACCESSED, STORED OR PROCESSED, INCLUDING THE COSTS OF RECOVERING SUCH DATA.

EMU PARK ONLINE DOESA NOT PROVIDE AND IS NOT RESPONSIBLE FOR AND DOES NOT GUARANTEE THE FUNCTIONING OF THE INTERNET OR TELECOMMUNICATIONS SYSTEMS OR OF ANY PARTY.

Billing and Payment

All billing is in advance per quarter or year (depending on account), or as otherwise arranged. If you do not wish to renew your Domain Registration you must advise Emu Park Online six weeks before it is due or it may be paid to the Domain Registry Authority on your behalf and you will charged for it.

If, for any reason, there is contention relating to payment for our services, Emu Park Online reserves the right, in any case, to charge an administration fee of $100 Australian to cover costs.

Failure to settle all amounts within 7 days of the due date may result in withholding of further services and/or suspension of existing services

Email and SPAM

Emu Park Online has a zero tolerance policy towards SPAM. If you use spam or any other similar method, or allow others to use it from your site or email, or even if it was used from your site or email without your knowledge, then your access to our services will be immediately terminated. Services may be returned after the problem is rectified to our satisfaction.

Email services arranged or provided with your hosting account are not to be used as a long-term archive. You must download all email collected by your account to your own computer as it arrives.

Security and Good Behavior - Netiquette

Where customer attempts to interfere with the rights of another user online, or with the smooth running of Emu Park Online's services, or the Internet, or where usage of the account or service is deemed to be an abuse, Emu Park Online reserves the right to take action, including suspension or termination of a service, or legal action without refund or notice. Emu Park Online will charge the customer for costs incurred by any such misuse or abuse.

You are responsible for taking steps to ensure that others do not gain unauthorized access to your account or website. You are responsible for any misuse of our services, whether by yourself or others, regardless of whether it was with or without your consent. We strongly suggest that any computer you use to access your account be properly protected, including by the proper installation of quality anti-virus and firewall systems.

Disclosure of Your Information to Other Parties

If a request is made from a party we deem to be relevant, such as a law enforcement organization, information relating to you and your site and any services we provide to you may be provided to them. We may also provide such information ourselves to an authority we deem to be relevant if we form the opinion that illegal activities are involved.

Changes to Services

From time to time it may be necessary to change the technology, hosting arrangements or other things affecting your use of any of the services arranged or provided by Emu Park Online. Sometimes the changes will occur in parts of the Internet or in services provided by other firms which Emu Park Online does not have control over or knowledge of. You must agree that Emu Park Online cannot be held responsible for these changes or their effects on you or others, and is in no way responsible for advising you of these changes. You must agree that you are responsible for monitoring your web site, shop or other services we arrange or provide for you to make sure they continue to function as you require, and for making any necessary modifications to obtain the functioning you require.

Emu Park Online reserves the right to, without warning, shut down or transfer to another Web hosting service any site that has become, in our opinion, unsuitable for hosting by Emu Park Online.

Advice Not Guaranteed

Any advice given by Emu Park Online or anyone associated with Emu Park Online is done in good faith, based on information known to us at the time however we do not guarantee its quality or accuracy or that it will do no harm. You should NOT base your decisions solely on information and advice provided by us.

All financial and legal decisions should be based on advice from relevant sources.

No Liability and Changes to Terms and Conditions

By using any of the services arranged or provided by Emu Park Online, you, the Client, agree to be bound by Emu Park Online’s terms and conditions; you agree to indemnify and hold harmless Emu Park Online from any loss, liability, claim, damage, injury, expense or any combination of such arising from or related to your content or use of any services arranged or provided by Emu Park Online or by any other party connected to, or providing services to Emu Park Online. If you are not satisfied with these terms and conditions then you must advise us and discontinue use of our hosting services.

Client shall indemnify Emu Park Online from and against any claim which may be made against Emu Park Online in respect thereof. Emu Park Online may revise these terms and conditions at any time by posting a new version of its terms and conditions on its hosting site. We will also generally send an email broadcast to our customers, but do not guarantee to always do so, or that the email will reach you. Any new version of these terms will be effective 14 days after posting unless Emu Park Online considers (at its sole discretion) that a shorter period is necessary. To remain familiar with the most recent version users should consult this document regularly.

I / We, the undersigned have read and agree to the above terms and conditions.

Signature 1 ……………………………………….

Signature 2 ……………………………………….