Content

All services provided by Marken Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States 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, and invasion of privacy. The subscriber agrees to indemnify and hold harmless Marken Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all Marken Hosting servers. This includes sites that may infer sexual content or links to adult content elsewhere. Marken Hosting will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Marken Hosting servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of Unacceptable Content or Links

Pirated software Hacker programs or archives Warez sites Marken Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising

Spamming, or the sending of unsolicited email, from a Marken Hosting server or using an email address or domain that is maintained on an Marken Hosting machine as reference is STRICTLY prohibited. Marken Hosting will be the sole arbiter as to what constitutes a violation of this provision. Sites that are found to be spamming, or users that have been found to have uploaded any script to a Marken Hosting server that is utilized for the purpose of sending out bulk email will be removed immediately, without prior notice.

Misuse of System Resources

Any attempt to undermine or cause harm to a server, or customer, of Marken Hosting is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.

Cancellation

Cancellation can be made via email to accounts@marken.com.au. Although no notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration.

Suspension

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Refusal of Service

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

All sub-networks, distributive hosting sites, and dedicated servers of Marken Hosting must adhere to the above policies. Please direct any reports of violations of the above policies to abuse@marken.com.au

Failure to follow any term or condition will be grounds for immediate account deactivation.

TERMS OF SERVICE

"Marken Hosting" refers to registered Victorian business (R1591011F) and it’s contracted staff.

"Customer" refers to person, partnership, company or other legal entity that enters into a web hosting agreement with Marken Hosting.

Charges to Customer

Customer agrees to pay a recurring monthly fee or to make payments in advance of periods up to 12 months for services provided under this agreement. This fee covers all services provided until Customer's usage of the server exceeds bandwidth allowances of aggregate data transfer per month (See included transfer rates). Excess bandwidth charges in any calendar month from Customer's account will be charged in accordance with the rates listed.

This Agreement shall be effective as of the date a web hosting account is provided and shall continue for the term of payments made. This Agreement shall automatically renew, in full, for the same period unless Customer or Marken Hosting notifies the other party in writing. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Marken Hosting resulting from the services furnished by Marken Hosting.

All payments must be made in advance, on the recurring anniversary date for the term nominated. Credit terms of up to, and not exceeding seven (7) days may be provided at the discretion of Marken Hosting. Failure to make payment on the due date will result in account suspension. Account suspension includes, but may not be limited to, website access, email and FTP services.

Marken Hosting reserves the right to charge an administration fee of AUD$22.00 to reactivate an account after two consecutive suspensions.

Payments can be made via Visa Card, Master Card, Bank Card, Direct Deposit or Personal/Bank Cheque.

Common Carrier

Marken Hosting and Customer agree that Marken Hosting is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to, and will not, edit or censor the material at Customer's site.

Service

Customer understands and agrees that occasional temporary interruptions of Internet Services may occur and agrees that under no circumstances will Marken Hosting be held liable for any financial or other damages due to such interruptions. In no event shall Marken Hosting be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

Warranty / Limitation of Liability

Customer hereby agrees that Marken Hosting makes no warranties, express or implied and Customer hereby waives any claim based upon any breach thereof. Customer further agrees that Marken Hosting shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Marken Hosting to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. Marken Hosting’s liability arising out of delays in installation, commencement or restoration of Service, or out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Marken Hosting shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement.

IN NO EVENT SHALL MARKEN HOSTING BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF MARKEN HOSTING PURSUANT TO THIS AGREEMENT. MARKEN HOSTING MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY MARKEN HOSTING ARE HEREBY EXCLUDED AND DISCLAIMED.

Force Majeure

Marken Hosting shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, storm, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; Marken Hosting failures, shortages, breaches or delays.

Indemnity by Customer

Customer agrees to release, hold harmless, defend and indemnify Marken Hosting, employees and agents from any claims, damages, including but not limited to consequential damages, or any other liability arising from customer’s use of Marken Hosting’s services and facilities provided to customer under this agreement, even if Marken Hosting has been advised of the possibility of such damages, including payment of Marken Hosting’s reasonable attorney’s fees.

Liability of Customer

Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to Marken Hosting’s facilities, shall not result in the imposition of any liability upon Marken Hosting and Customer shall pay to Marken Hosting any reasonable costs, expenses, damages, fees or penalties incurred by Marken Hosting as a result thereof, including costs of local exchange company, labour and materials.

Assignment

Marken Hosting may assign this Agreement without Customer's prior written consent. Customer may assign this Agreement with the prior written consent of Marken Hosting. Such consent shall not be unreasonably withheld.

Law

The law that will apply to this Agreement is the law of the State of Victoria, Australia. This Agreement is performable in Victoria and Customer expressly consents to the personal jurisdiction of the Federal and State courts of Victoria.

Notices

Any notice under this Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses written below, or to such other places as the parties may designate in writing.

Marken Hosting
PO Box 1111
Elwood VIC 3184
Australia.
aup@marken.com.au