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This document reflects and represents PDTrack's Acceptable Use
Policy ("Policy") applicable to service and hosting of
accounts with PDTrack. This Policy supersedes any other written
or oral Policy. This Policy carries over to any company working
with or in association with PDTrack. PDTrack reserves the right
to edit, amplify, discontinue or change the Policy.
By using the services offered by PDTrack the Customer is bound by
and must comply with this Policy in its entirety.
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| System and Network Security |
Customer may not tamper with other accounts,
or commit unauthorized intrusion into any part of PDTrack's systems,
or use any of PDTrack's machines, files, accounts, networks to intrude
without authorization into any other system.
Customer may not use PDTrack services not included in Customer’s
account, or devise ways to circumvent security in order to access
services Customer is not paying for.
Customer may not use the system in a manner that encumbers disk space,
processors or other system resources beyond those allowed by the specific
type of account. Customer may not make deliberate attempts to interfere
with a service, overload a service or attempt to disable a host. |
| Email and Communication |
PDTrack does not offer email hosting or an
email service, however it makes available email addresses to users
of organisations and sister organisations. It is illegal to collect, market or
send unsolictated mail to any of these addresses and users found doing
so will have their accounts immediately terminated.
PDTrack permits the use of emails listed within PDTrack for the sharing
of information relative to PDTrack only.
Customers may not forge header information. |
| Billing |
All announced prices are in Australian Dollars
(AUD) and are required by cheque within fourteen (14) days of invoice
issue.
Payments are made annually in advance and are not to be subject to
full or partial refund. |
| General |
Services provided by PDTrack to the Customer
may only be used for lawful purposes. Customer will use the service
in a manner consistent with any and all applicable laws of Australia
and the Australian Government.
PDTrack reserves the right, in its sole discretion, to deactivate
the Customer's account(s) upon an indication of credit problems including
delinquent payments.
PDTrack's service is provided on an "as is, as available"
basis. PDTrack gives no warranty, expressed or implied, for the services
provided, including, without limitation, warranty of merchantability
and warranty of fitness for a particular purpose. This no warranty
expressly includes any reimbursement for losses of income due to disruption
of service by PDTrack or its providers beyond the fees paid by Customer
to PDTrack for services.
PDTrack is not responsible for any damages arising from Customer's
use of PDTrack or by Customer's inability to use the services for
any reason.
PDTrack is not responsible for Customer's information residing on
PDTrack servers. Customer is solely responsible for independent backup
of data stored on PDTrack servers.
Customer hereby agrees that any material submitted for publication
on PDTrack through Customer's account(s) will not contain anything
leading to an abusive or unethical use of the service(s) or the host
server(s). Abusive and unethical materials and uses include, but are
not limited to pornography, obscenity, nudity, violations of privacy,
computer viruses, and any harassing and harmful materials or uses.
Customer hereby agrees to indemnify and hold harmless PDTrack from
any claim resulting from your publication of materials or your use
of those materials. PDTrack may or may not give notice before deactivating
the use of an account(s) which PDTrack decides is an abusive or unethical
use of the service(s) or host server(s).
Due to the public nature of the Internet, all information should be
considered publicly accessible and important or private information
should be treated carefully. PDTrack is not liable for protection
or privacy of electronic mail or other information transferred through
the Internet or any other network PDTrack or its customers may utilize.
Use of any information obtained via PDTrack is at your own risk. PDTrack
specifically denies any responsibility for the accuracy or quality
of information obtained through its services.
Use of other organizations' networks or computing resources is subject
to their respective permission and usage policies.
If PDTrack cancels Customer's account for any reason, Customer agrees
not to re-register without a consultation with an PDTrack representative.
PDTrack requires that Customer is qualified to contract. PDTrack cannot
accept payments from persons who are not at least eighteen (18) years
of age. Customer will be held responsible for keeping all billing
data for PDTrack accurate and up to date. False data supplied for
the contract between PDTrack and Customer will be grounds for account
termination.
The Customer agrees to defend, hold harmless, and expeditiously indemnify
PDTrack from any and all liability, claim, loss, damage or expense
arising out of Customer's breach or violation of any covenant contained
in this Policy, or resulting from the Customer's use of the service.
Customer agrees to waive and hold PDTrack harmless from any claims
relating to any action taken by PDTrack as part of an investigation
into a suspected violation of this Policy or as a result of its conclusion
that a violation of this Policy has occurred. Therefore, Customer
cannot sue or recover any damages whatsoever from PDTrack as a result
of the decision to remove material from its server, or to suspend
or terminate Customer 's account.
The Customer may only access the server by means of the Internet,
an interstate common carrier of information or through a PDTrack representative.
PDTrack reserves the right to kill off CPU intensive processes.
PDTrack has a strong corporate policy to respect and protect the privacy
of its customers and their information that is stored on PDTrack's
services. PDTrack will only access and disclose information as necessary
to comply with applicable laws and government requests, to provide
PDTrack Services, to operate or maintain its systems or to protect
itself or its customers. |
| Policy Enforcement |
| When PDTrack becomes aware of an alleged
violation of its Acceptable Use Policy, PDTrack will initiate an investigation.
During the investigation PDTrack may restrict Customer 's access in
order to prevent further possible unauthorized activity. Depending
on the severity of the violation, PDTrack may, at its sole discretion,
restrict, suspend, or terminate Customer's account and/or pursue other
civil remedies. If such violation is a criminal offense, PDTrack will
notify the appropriate law enforcement department of such violation.
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| Disclaimer |
| PDTrack makes no representations or warranties
of fitness or availability, either expressed or implied, as to our
products, listed or unlisted. While we believe that our products are
of extremely high quality, we cannot make any guarantees or warranties
as such.
PDTrack shall not be held liable for any direct, indirect and/or
consequential damages or losses with respect by claim by any party
on account from the use of any products or services.
Prices are subject to change at all times without notice and we
reserve the right to refuse to honour any price as we cannot account
for error. At all times we will attempt to keep our prices up to
date.
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