TERMS OF SERVICE


IMPORTANT NOTICE ABOUT TERMS OF SERVICE
E Connection Pty Ltd Terms and Conditions Statement


These terms and conditions apply to hosting, domain and internet media services provided by E Connection Pty Ltd A.B.N. 94 091 267 364 under the domain name "http://www.e-connection.com.au" these terms and conditions may also apply to services offered by E Connection on web sites hosted by third parties. If so, express reference to this notice will be made on those web sites.

E Connection Pty Ltd acts as a neutral provider of web hosting services to the global Internet. E Connection Pty Ltd may suspend services provided to you or cancel your account if determined that you have violated E Connection Pty Ltd policies. E Connection Pty Ltd is required to enforce the Acceptable Use Policies of our upstream network providers.

LAWFUL PURPOSE
E Connection Pty Ltd may refuse service to anyone. You may use E Connection Pty Ltd services only for lawful purposes. You may not transmit any materials that are in violation of any Federal, State or Local laws. You may not transmit any copyrighted materials or material protected by trade secrets. E Connection Pty Ltd will make the decision as to whether materials violate its policies.

SPECIFIC ACCEPTABLE USE POLICIES UNAUTHORIZED USE
E Connection Pty Ltd will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. This includes "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, etc. Any of these actions by a E Connection Pty Ltd customer, whether or not the attacked account or computer belongs to E Connection Pty Ltd, will result in action against the attacker.
Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.
E Connection Pty Ltd may deny use of third-level domain names which are found to be obscene, offensive, or pornographic. Content which is referenced by a third-level domain may not be obscene, offensive, or pornographic. Determining these criteria is within E Connection Pty Ltd's sole discretion.
On our website http://www.e-connection.com.au we have a page with an Acceptable Usage Policy which must also be adopted.

ZERO TOLERANCE
If you send unsolicited email or cross post to Usenet newsgroups, you may be subject to immediate cancellation.
E Connection Pty Ltd may cancel your account and terminate your services immediately, with no prior notice and no refund of unused service fees!
This policy is to promote proper Internet etiquette.
We also reserve the right to immediately cancel or suspend the account if you use any of our services to do the following:
Run a script or website that endangers the performance of the server and as such influences the other clients on the system,
Perform illegal activities such as hacking attempts on any of our servers.
           
PAYMENT POLICIES
All major credit cards are accepted.
Processing is done via 3rd party International Credit Card merchant.
Initial Fees:
Payment of the setup fee and first period's charges are required for E Connection Pty Ltd to activate your service.
All payments made towards E Connection Pty Ltd are non-refundable. This includes, but is not limited to; fees for domain name setup, renewal, or transfer
E Connection Pty Ltd will notify you by email if the initial charge to your card is declined. A second attempt to bill the card will be made within three days. If the card is again declined and you have not provided alternate valid credit card information, E Connection Pty Ltd will cancel your order. Please note that services will not be activated until payment is received.
Payment by check will only be allowed for payment periods 12 months. Service for check paying customers will only be activated after your check clears bank processing.
Yearly Recurring Charges
You must pay for your service by the first day of each billing cycle. Billing cycles are based on when you initially signed up for service. For instance, if you started service on the 15th of December, your billing due date will be on the 15th of December each year thereafter.

CANCELLATION and Termination of Services by E CONNECTION PTY LTD
E Connection Pty Ltd reserves the right to cancel your service at any time.
If your account is cancelled because you have violated E Connection Pty Ltd usage policies, no refund will be paid.

CANCELLATION by client
You may cancel your service at anytime by sending an email to admin@econnection.com.au
Please include the username, password, domain name and the email address you used to sign up for service so we can verify your identity.
When you cancel your account, you forfeit any unused portion of your service for which you have pre -paid.
E Connection Pty Ltd does not provide refunds for any services.

PRICING POLICY
E Connection Pty Ltd will not change your fees during the middle of your billing cycle. If fees change, they will go into effect the first day of your next billing cycle.
If you signed up for E Connection Pty Ltd under a special promotion and you change your services, the special promotion pricing will no longer be valid for your new services.
E Connection Pty Ltd may change package features and specifications at its discretion.

DOMAIN NAMES
Customers who buy domain name services from us acknowledge and agree that once the customer has paid for the domain name, we will register that domain name and you will be marked as the registrant. We cannot amend that domain name following purchase. It is therefore your responsibility to ensure that you enter the domain name correctly when you apply for it. You agree that you accept and shall comply with the terms of the domain name registrar applicable for the purchased domain name. Customer acknowledges that unless otherwise indicated, domain registration and payment for that service, is separate from other services offered by E Connection Pty Ltd.


For domain specific and eligibility requirements visit http://e-connection.com.au/domain_terms.php

PRIVACY POLICY – THIRD PARTY SUPPLIERS
Whilst E Connection Pty Ltd respects your privacy, at times we may share your details with third party supplies to provide you with the services requested. We will not however supply any of your payment details to these third party suppliers.
If E Connection Pty Ltd deems that it would be better for us to host some, or all of the services we provide to you with a third party provider, you understand that they may be holding your data. This includes, but is not limited to emails, website pages and domain details.
We hold the right to signup on your behalf for any services we choose not to host with ourselves.
Our website http://www.e-connection.com.au has a page which further outlines how we protect your privacy.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold E Connection Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against E Connection Pty Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless E Connection Pty Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with E Connection Pty Ltd's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from E Connection Pty Ltd's server.

DISCLAIMER
E Connection Pty Ltd will not be responsible for any damages customers or their enterprises may suffer. E Connection Pty Ltd makes no warranties of any kind, expressed or implied for services we provide. E Connection Pty Ltd 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 E Connection Pty Ltd and its employees. E Connection Pty Ltd reserves the right to revise its policies at any time.

LIMITATION OF LIABILITY
In no event shall E Connection Pty Ltd be liable to customer for any damages resulting from, or related to, any failure or delay of E Connection Pty Ltd in providing access to the internet under this agreement. E Connection Pty Ltd makes no warranties of any kind, expressed or implied for services we provide. E Connection Pty Ltd disclaims any warranty, merchantability or fitness for a particular purpose. In no event shall E Connection Pty Ltd 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 E Connection Pty Ltd has been advised of the possibility thereof. Any claim or legal action arising out of failure, malfunction or defects in E Connection Pty Ltd services or goods, or arising from this contract in any respect, shall be brought within a period of three (3) months following the occurrence or said claim shall be deemed waived. E Connection Pty Ltd's liability to customer hereunder, if any, shall in no event exceed the total amount customer paid to E Connection Pty Ltd hereunder. E Connection Pty Ltd 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 E Connection Pty Ltd and its employees by its own negligence or customers errors or omissions. E Connection Pty Ltd reserves the right to revise its policies at any time.

ADDITIONAL TERMS AND CONDITIONS FOR INTERNET MEDIA SERVICES (STREAMING)


BROADCASE BITRATE - OVERSTREAMING
Defined as utilizing a higher bitrate than shown on your account details. Shoutcast operates in a shared environment where bandwidth is provisioned very carefully, so abusing your bitrate will almost always result in account termination. It is your responsibility to maintain proper control over the broadcast bitrate. Shoutcast audio-only streams must be between 8kbps and the bitrate reflected on the Customer's account.

CONTENT
The Customer agrees to take sole responsibility for all content, including audio streaming, web pages, and any other service that are utilised. E Connection is not liable for any action taken against a Customer as a result of their stream content or web content.


CONTENT RESTRICTIONS
E Connection will not actively monitor the content of customer's broadcasts or website. The Customer will not, however, use server resources for any illegal activity, including the sharing of copyrighted programs/music as well as slanderous material. Customers will not run any program that is specifically designed to overload shared server resources.


LICENCES
The Customer is solely responsible for any applicable license fees for their location. E Connection does not award free licensing to clients, such as ARPA, AMCOS, ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP.



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