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SERVER USE
Serverpeak expects every account holder to take every reasonable step
to ensure the services and servers they have access to do not disrupt
or damage the service delivered by Serverpeak to it's entire customer
base.
Serverpeak reserves the right to refuse service and/or access to its servers and network to anyone.
Serverpeak does not allow any of the following content to be stored on its servers or network:
1. Illegal material, including copyrighted works, commercial audio,
video, or music files, and any material of any type in violation of any
Federal, State or Local law or regulation anywhere in the world.
2. Scripts - Any Script that causes an undue load to the Serverpeak network.
3. Adult material, including pornography, erotic images, or otherwise
lewd or obscene content of any type. What constitutes "adult material"
is entirely at the discretion of Serverpeak.
4. Warez, including pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting of any of
the above. Also includes any sites which provide "links to" or "how to"
information about such material.
BANDWIDTH
Each service has an allocated bandwidth allowance. Bandwidth is
monitored and Serverpeak reserves the right to disable a service that
exceeds their bandwidth allowance without notice. Excess bandwidth is
charged at the rate of up to 1c per mb in excess of that allowed for
the account holder.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Serverpeak may implement the following policy to its sole discretion:
When a server is found to be excessively using the resources available,
Serverpeak reserves the right to suspend the services delivered to the
server in question immediately. This policy is only implemented in
extreme circumstances and is intended to prevent the misuse of our
network. Customers may be offered an option whereby Serverpeak continue
to maintain network connectivity.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although Serverpeak reserves
the right to change prices of accounts or services at any time, all
pricing is guaranteed for the period of prepayment. Payment is due on
each anniversary period of the date the account and/or service was
established. Customers will automatically be charged at the end of
their previous anniversary period unless written closure notification
has been given to Serverpeak at least 15 days in advance.
Where the account holder provided debit or credit card details and the
debit is declined, Serverpeak may immediately suspend the facility to
purchase services on-line until the outstanding charge is processed
successfully. In addition, Serverpeak reserves the right to suspend
other services until the outstanding debt is cleared. The customer is
responsible for all money owed on the account from the time it was
established to the time that the customer sends a written cancellation
request.
No bills or invoices will be sent by regular mail. All invoices will be
sent directly to customers via e-mail shortly after the online purchase
has been made. At this point the customer's debit or credit card will
be charged automatically.
In the event an account is delinquent for a period in excess of 30 days the customers information and outstanding invoices shall be forwarded to the appropriate debt collection agencies for recuperation. In order to recover the resources spent on late payment accounts an additional 10% PER 30 DAY period may be charged on outstanding invoices. Additionally, all legal charges incurred by Serverpeak while recovering the aforementioned debt will be past directly onto the customer at no additional premium.
PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down Serverpeak runs a limited number of payment options:
Credit / Debit Cards - Mastercard and Visa (not Visa electron) only are accepted.
Direct Deposit - A service will be commissioned only after a direct
deposit payment has been received and verified. It is the
responsibility of the customer to inform Serverpeak when such a payment
is made.
Cheque Payment - This option is only available to customers who pay
annually for their Serverpeak account. A credit / debit card number
will still be required if customers require the facility to purchase
additional services on-line. Serverpeak cannot guarantee that a service
will be provided until after any received cheques have been cleared.
FREE TRIAL
For customers opening their first account the initial 30 days are
available on a free trial basis. Customers will not be entitled to this
benefit if they have previously had an account with Serverpeak unless
the period of absence has been greater than one year. New customers
will not be entitled to a trial period if any account has previously
been created at the same postal address within the same 12 month time
span.
CANCELLATION AND REFUNDS
Serverpeak reserves the right to cancel the service at any time. In
this event customers will be entitled to a pro rata refund based upon
the remaining period of membership. If a customer contravenes these
terms of service, a no refunds of any kind will be given.
Customers may cancel their account at any time. During the initial
trial period customers who wish to cancel will be entitled to a full
refund for their service fees. Any incentives offered to customers when
opening the account will also be cancelled. Customers may be given the
option to purchase services which were offered as start-up incentives
in the result of a cancellation.
Fees charged on a prepay basis are non-refundable. In addition some
accounts incur set-up fees, these charges are also non-refundable.
Extra Charges
These only apply under the following terms:
1. Service Downgrade - $25
2. Suspended Account Re-Activation Fee - $15
DEDICATED SERVERS
Serverpeak reserves the right to cancel the service at any time. In
this event customers will not be entitled to a pro rata refund based
upon the remaining period of membership. If a customer contravenes
Serverpeak' terms of service, a refund will not be issued in the event
of a cancellation. The 30 Day trial does not apply to these servers.
GOVERNING LAWS
This agreement shall be governed in all respects by the laws of
Queensland Australia. The parties to, irrevocably submit to the
non-exclusive jurisdiction of the courts of Queensland Australia.
SEVERABILITY
Each provision of this agreement including these terms of service is
severable and if provisions of this agreement or Terms of service are
held to be invalid or unenforceable such provisions may be removed and
the remaining provisions may be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
INDEMNIFICATION
The Customer agrees that it shall defend, indemnify, save and hold
Serverpeak harmless from any and all demands, liabilities, losses,
costs and claims, including legal costs (on an indemnity basis or
solicitor/client basis, whichever is higher) claimed or asserted
against Serverpeak, its agents, its customers, officers and employees,
that may arise or result from any service provided or omitted,
performed or agreed to be performed or any product sold by customer,
its agents, employees or assigns. The customer agrees to defend,
indemnify and hold harmless Serverpeak against liabilities arising out
of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Serverpeak' server; (2) any
material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement; (4)
any defective products sold to customer from Serverpeak' server and any
defamatory or allegedly defamatory material on Serverpeak servers.
DISCLAIMER
Serverpeak will not be responsible for any damage, loss or liability
the customer or any third party may suffer. Serverpeak makes no
warranties of any kind, expressed or implied for services we provide.
Serverpeak disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
caused by Serverpeak and its employees or otherwise. Serverpeak
reserves the right to revise its policies at any time.
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