GEFORCE Technologies ABN 57 115 301 874 (hereinafter referred to as "GEFORCE") and the Customer (being an entity subscribing to GEFORCE for the provision of Internet services) agree that by accessing GEFORCE Internet services, you accept, without limitation or qualification, these terms and conditions:

1. GEFORCE makes no warranties or representations as to the accuracy of information in or linked to this web site and assumes no liability or responsibility for any errors or omissions in content.

2. GEFORCE shall not be liable for any damage to and/or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of our web site and/or your downloading of any materials, data, text, images, video or audio from the GEFORCE Internet web site. GEFORCE recommends the use of and regular updating of anti-virus, firewall and other appropriate security measures to ensure your computer system and information stored on it is secure.

3. The Customer acknowledges that the service is not fault free and there may be interruptions and/or access difficulties from time to time. GEFORCE is not liable for any downtime or for any problems that may arise due to the incompatibility of modems or equipment.

4. You form no right to use any Trademark displayed on the GEFORCE Internet web site without the permission of the party that owns that Trademark.

5. GEFORCE assumes no responsibility or liability arising from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, offensive, obscene, scandalous, inflammatory, pornographic, or other materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

6. GEFORCE reserves the right to suspend or terminate, with or without notice, any Customers' account, which in GEFORCE's opinion, directly or indirectly is involved in activities, which are detrimental to GEFORCE's Internet service or jeopardize the use of GEFORCE's service or its performance for other customers or how the wider community will perceive GEFORCE. This includes, but is not limited to 'Spamming' e-mail or forwarding spammed e-mail to other Internet user's e-mail addresses, customers listed or cause the listing of GEFORCE or its Customers on any Real-time Black List, e-mail bombing and the use of bulk e-mail programs to unsolicited recipients, commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages, attempted unauthorized access to other Internet servers and systems, misrepresentation and abusive or offensive behaviour in newsgroups and other online facilities.

7. GEFORCE has the right to recover revenue from the Customer for any costs incurred for damages and/or repairs and/or maintenance and/or loss of business caused by, or resulting from, any of the above activities (clause 5 and 6).

8. The Customer must not use the GEFORCE service in a way or post to or transmit to or via the GEFORCE service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the GEFORCE service. The Customer must not use the GEFORCE service to send unsolicited electronic mail messages to anyone. The customer must not attempt any of these acts or permit another person to do any of these acts.

9. GEFORCE reserves the right to suspend without notice any Customers' account involved in offensive and/or illegal activities under State and/or Federal laws. In such a case the relevant law enforcement agency(ies) will be notified, and where possible offending material(s) passed on.

10. GEFORCE packages may not be combined with any other GEFORCE package or offer. Any GEFORCE package or offer may be changed or withdrawn at any time, such change will take effect from the end of your then current package.

11. You agree it is a breach of agreement to connect any equipment to the service that is not labeled with the ACA telecommunications compliance mark and you will be liable for any damages or claims arising from this. In the case of dispute, you agree that GEFORCE Internet is provided access to your premises for the purpose of inspection.

12. All administration, registration and set-up fees are non-refundable.

13. Telephone connection charges are the Customers responsibility and are in addition to GEFORCE subscription charges. GEFORCE shall not be liable, or reimburse Customers for any costs, technical support or phone charges incurred while establishing connectivity with GEFORCE.

14. The Customer hereby authorizes GEFORCE to charge any excess usage of their account at the current rate applicable to GEFORCE services at the time the excess were used, and to debit any amounts due to GEFORCE from any credit card account previously given to GEFORCE for billing purposes. The Customer notes and agrees that any accounting/administration/registration fees are not refundable and that cancellation fees may apply. Dishonoured cheques incur a $16.50 inc. GST handling charge. For other forms of payment, it is your responsibility to contact GEFORCE to renew their subscription for the next period. For other forms of payment, it is your responsibility to contact GEFORCE to renew their subscription for the next period.

15. Registration will not be processed without prior payment. If an account is cancelled for any reason, neither the Administration Fee nor any unused time will be refunded.

16. The packages paid by credit card be will automatically renewed for the next subscription period, unless written notice of cancellation is received at least two weeks prior to the expiration of the then current subscription. If such written notice is not received, GEFORCE will automatically debit your credit card one-week prior to expiration for the next period. GEFORCE may not necessarily contact the Customer to advise renewal.

17. For other forms of payment, it is the Customers responsibility to contact GEFORCE to renew their subscription for the next period. GEFORCE may not necessarily contact the Customer to advise renewal.

18. The Customer is required to inform GEFORCE if their credit card is due to expire two weeks prior to the expiry date and is required to provide GEFORCE with details of a current credit card. GEFORCE will close an account 2 days prior to the expiration of the nominated credit card if updated credit card details are not provided.

19. GEFORCE reserves the right to check Customers details with credit referencing bodies/associations.

20. The Customer must keep confidential any codes, passwords or other security information provided to them by GEFORCE Internet and must notify GEFORCE Internet without delay if these details are disclosed.

21. The Customer agrees to pay for all usage charges generated through their Username and Password or GEFORCE Account.

22. GEFORCE does not under any circumstances allow back channeling. GEFORCE reserves the right to charge Customers for any incoming or outgoing traffic if this is breached at 20 cents per MB.

23. GEFORCE may use the information you supply to contact you regarding your account or other promotional matters.

24. The Customer agrees that if GEFORCE Internet is asked to investigate a breakdown in the service and upon investigation it is found that the fault is not due to GEFORCE Internet equipment then the Customer agrees to pay per hour charges as advertised on Geforce website i.e. www.geforce.net.au during normal business hours - minimum charge is 1 hour and $150 per hour outside normal business hours for time and travel.

26. GEFORCE reserves the right to charge the customer all fees in relation to this agreement, unless otherwise agreed in writing by the customer and GEFORCE.

27. GEFORCE Internet pricing is subject to change without notice.

28. You confirm that you are at least 18 years old and that you have the legal capacity to enter into this agreement.

29. GEFORCE Products and/or Services may be withdrawn at any time.

30. TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR RELATED BODIES CORPORATE WILL BE LIABLE IN ANY WAY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU THROUGH USE OF THE GEFORCE SERVICE, ANY FAILURE TO PROVIDE GEFORCE, INCLUDING A MESSAGING SERVICE, OR IN CONNECTION WITH ANY PRODUCTS, SERVICES OR INFORMATION SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED VIA GEFORCE.

31. In addition to the Standard Terms and Conditions, all other products such as permanent connections, ADSL & Web Hosting etc. are covered by specific contracts. Customers should note that these Standard Terms & Conditions and the additional Package Conditions may be revised at any time by way of update on the GEFORCE web site - www.geforce.com.au. Customers are bound by any revisions as at the date they are displayed and should regularly examine the current Standard Terms & Conditions and the additional Package Conditions displayed on the GEFORCE Internet web site.

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Web Hosting Terms & Conditions

1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

In addition any site selling or promoting Bulk email services is not allowed. Examples of non-acceptable content or links (unless otherwise noted):

Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Mp3

We will be the sole arbiter as to what constitutes a violation of this provision.

2. Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 500mb of free traffic per month:
Sub hosting - any domain housing, additional users, Shareware, sound, video, image, multimedia and mp3 archives, Mirror sites or Sites with Banners, graphics or cgi's running from their domain used on other domains.

3. Any site whose primary purpose is file distribution (This is any site where 20% or more of there monthly traffic is from file downloads)Sites using more than 20% of system resources. For those of you who do not qualify, additional bandwidth usage over the amount allotted in the hosting plan or the pre-arranged, pre-paid amount will be billed at the end of that month to the pre-arranged credit account. Billing of additional bandwidth usage is subject to all other terms of this agreement and no refund will be given on the charges. We currently charge an extra 13c per mb for any extra bandwidth (unless otherwise specified). Geforce will be the sole arbiter as to what constitutes a violation of this provision.

4. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.

5. Geforce provides following databases:
a.Microsoft Access Driver MDB
b.Microsoft Excel Driver XLS
c.MS SQL Server
d.MySQL Server
e.ODBC DSN

Also, You can use any of the above listed types of databases if...

f...You must keep backups of your own databases at all times.
g...You understand that Geforce is not liable for loss or damage of databases.
h... You have the knowledge necessary to successfully setup and use either 5(a) or all of the above types of databases. Geforce is supplying you the ability to use these methods, Geforce is not a training centre nor does it assume or advertise to be.

6... The Client agrees that he or she has the necessary knowledge to create and maintain their databases using the above methods.

7. We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. 

8. We may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

9. We currently do not allow IRC or IRC bots to be operated on our servers.

10. Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $500 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.

11. Any attempts to undermine or cause harm to a server is strictly prohibited. The Client agrees to reasonable server CPU, memory, as well as bandwidth determined by Geforce.

12. The client agrees that he or she has the necessary knowledge to create and maintain their web-site. Client agrees that it is not the responsibility of Geforce to provide this knowledge or Customer Support outside matter specific to Geforce servers.

13. Customer agrees that it shall defend, indemnify, save and hold Geforce harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Geforce Technologies, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Geforce against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Geforce server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

14. This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless written notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If User does not notify Provider of cancellation request at least 7 days in advance of date of execution, the User will be responsible for the payment due for the next equivalent period. Fee for late payment is $20.00. Any service disconnection or suspension shall require a $25.00 re-connect fee.

15. We reserve the right to refuse or cancel service at our sole discretion.

16. Geforce will not be responsible for any damages your business may suffer. Geforce makes no warranties of any kind, expressed or implied for services we provide. Geforce disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Geforce and its employees. Geforce reserves the right to change or update policies without notice. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

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