Cairns Website Hosting and domain names terms of use.

Conditions of use

Viking Computers Website Hosting provides web page hosting around the world. Viking Computers reserves the right to suspend or cancel a customer's access to any or all services provided by Viking Computers at any time, or when Viking Computers decides that the account has been inappropriately used or otherwise.

Definitions
"We" "Us" "Provider" or "Viking Computers" refers to Viking Computers; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for hosting service or is a designate of any one who applies for hosting service with Viking Computers.

Server Use
Viking Computers reserves the right to refuse service and/or access to its servers to anyone. Viking Computers does not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Viking Computers.
Warez - Includes 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 Usage
Viking Computers offers high data transfer. In rare cases, Viking Computers may find a customer to be surpassing their limit and using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, Viking Computers reserves the right to impose the High Resource User Policy for the consideration of all customers.

High Resource User Policy
Resources are defined as bandwidth and/or processor utilisation.
Viking Computers may implement the following policy to its sole discretion:
When a website is found to be utilising excessive data transfer on a single account and/or monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, Viking Computers reserves the right to terminate the account giving one week's notice. If the user's site is severely affecting the performance of the server, Viking Computers has the right to act immediately in order to resume the normal operation of the network. The High Resource User Policy also refers to other parts of the servers/network, including mail and ftp, plus the use of processor time.

Bandwidth And Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Viking Computers will monitor Customer's bandwidth and disk usage. Viking Computers shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Viking Computers's sole and absolute discretion. If Viking Computers takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Viking Computers may, at its sole discretion, send an invoice, in an amount determined by Viking Computers.

Spam And Unsolicited Commercial Email (UCE)
SPAM and Unsolicited Commercial Email (UCE): Viking Computers takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Viking Computers may not use or permit others to use our network to transact in UCE. Customers of Viking Computers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Viking Computers SPAM policy (above) will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Viking Computers will initiate an immediate investigation (within 48 hours of notification). During the investigation, Viking Computers may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Viking Computers may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Viking Computers reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Viking Computers will notify law enforcement officials if the violation is believed to be a criminal offense.

PLEASE, DO NOT SPAM from your account. You will get black listed!

Fraud
Fraudulent activity: Use of Viking Computers`s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." This will constitute a breach of our Terms and Conditions, and will result in your account being suspended or removed.

Payment Policies
All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. Viking Computers reserves the right to change prices at any time & implement these at the begining of next hosting period. Payment is due each anniversary year following the date the account was established (depending on account opened). If for any reason the payment does not arrive in PRIOR or 5pm est of due date, the account is subject to suspension. Any fees occured by Viking Computers to obtain money owed will be paid by customer/account holder. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Viking Computers in writing for a request for termination of services. All payment is in Australian currency or as agreed separately.
Viking Computers shall be entitled to vary the Charges from time to time with effect from the date specified in an Amendment Notice. Viking Computers shall issue an Amendment Notice no later than 4 weeks prior to the date that any variation of the Charges shall come into force.

The Customer shall no later than 4 weeks from the date of deemed receipt of the Amendment Notice send a counter notice to the Company accepting or rejecting the terms of the Amendment Notice. In the event that the Customer specifies in the counter notice acceptance of the terms of the Amendment Notice or fails to send a counter notice within the specified period then the terms of the Amendment Notice shall apply as from and including the date specified in the Amendment Notice and this agreement for Services shall be deemed to be varied accordingly. In the event that the counter notice rejects the terms of the Amendment Notice then until such date as this Agreement has been terminated in accordance with this clause the Customer will be charged the Charges as varied from and including the date in the Amendment Notice. Upon receipt of the Amendment Notice the Customer has the right to terminate this Agreement with effect from the date in the Amendment Notice, such notice of termination to be received by the Company no later than 14 days before the date in the Amendment Notice.

Email
All cheque & direct debit payments made to Viking Computers are confirmed by email. Users accept that Viking Computers will notify of payment and issue an email if payment has failed, any fees from bounced cheques will be paid by customer. Invoices are dispatched by email. In order to keep users notified of impending service alterations important to the running of their account, Viking Computers will occasionally communicate in this manner, and the users accepts this is normal policy.

Cancellation
Viking Computers reserves the right to cancel service at any time. Customers can cancel service any time, but must complete the cancellation form, before the next billing period is due. All cancellations must be received via the cancellation form, located at our partner website - http://www.qld.cc/cancellation.html Phone requests will not constitute acceptance of any cancellation. Cancellations will be processed within 24 hours of processing, and the account will then be removed from the server. For information on refunds please see the heading "Refunds".
The Customer will be responsible for transfering files to new server, any assistance from Viking Computers will attract a service fee.
If an account is cancelled by us for non payment, then a fee of $33 will apply per domain name to release this to your new Registrar.

Renewals
Your account will be automatically renewed on the anniversary date of your account under the same fee structure, unless you give written notice to Viking Computers ten (10) days before the renewal date that you do not wish to renew such account. An invoice will be emailed & must be paid by due date, if notpaid by due date 5pm site will be disabled until payment has been received & processed.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Viking Computers (for clarification, a service by Viking Computers) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Viking Computers, 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 Viking Computers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Viking Computers servers; (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 Viking Computers servers, and (5) any statements made within information or pictures held on our servers that may be seen as unsuitable, defamatory, misleading or libelous in any way.

Refunds
Viking Computers will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees, charges, setup charges, and an early cancellation fee of $44. Accounts that are terminated by Viking Computers will not receive any refund. All cancellations must be received via the cancellation form http://www.qld.cc/cancellation.html as per the deadlines indicated. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to your account within 7-10 business days from your cancellation date. Transfers, renewals, add-ons, and SSL certificates are non refundable.
Refunds cannot be applied to another account held with us.

Backup Files
Viking Computers will make every reasonable effort to protect and backup data for Client on a regular basis, however Viking Computers does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. There is a one time fee of $125 for our Administrator to retrieve clients back-up files. Client is solely responsible for independent backup of data stored on Providers server and network.

Limitation Of Liability
You agree that Viking Computers will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Viking Computers at the time) which may exist in the Services or in Viking Computers equipment used to provide the Services.
Under no circumstances will Viking Computers be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Viking Computers will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Viking Computers records, programs, equipment or services.Notwithstanding anything to the contrary in this Agreement, Viking Computers's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Disclosure Of Customer Information And Legal Process
Although Viking Computers maintains strict confidentiality on Customer's information, there are certain exceptions in which Viking Computers may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. Viking Computers has no obligation to notify Customer about whom the information is sought or that Viking Computers has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Assignment
Customer will not have the right to assign this Agreement without the prior written consent of Viking Computers.

Entire Agreement Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
Viking Computers reserves the right to revise its policies at any time.