The following Terms and Conditions of Use (hereinafter referred to as the ‘Agreement’) is a legal agreement between you (hereinafter referred to as the ‘Subscriber’), and Red Rook.
By accepting any SERVICES from Red Rook, including web hosting SERVICES, you agree to all of the terms and conditions of the Agreement.
‘SERVICES’ are any or all individual or specific service(s) offered to the Subscriber by Red Rook.
1. ILLEGAL AND UNACCEPTABLE USE:
(a) All SERVICES provided by Red Rook must be used for lawful purposes only, and must comply with the laws of Australia and the State of Tasmania. Violations may include but are not limited to, the storage or transmission of material protected by copyright, trademark, trade secrets, material deemed to be obscene, threatening, defamatory, or material protected by any other law. Unacceptable and prohibited content or links also include pirated software, hacking programs, IRC bots, warez sites, or archives, adult oriented or pornographic material.
(b) Discussion Forums (which include online web chat programs), and Web Cams (cameras) are not permitted under the Unmetered/Free Traffic Hosting Plans, unless written approval is received from Red Rook. The use of Discussion Forums and Web Cams will automatically result in your account to be ‘traffic limited’ according to the Limited Traffic Hosting Plans, and excess traffic will be billed to your account at $2 per Gigabyte.
(c) The Subscriber agrees to indemnify and hold harmless Red Rook and its suppliers from any claims resulting from the use of SERVICES in violation of this Clause 1 or in violation of any other provision of this Agreement.
2. NETWORK AND SYSTEM SECURITY:
(a) System or network security violations are prohibited and may result in criminal and / or civil liability.
(b) It is a violation to permit the use of e-mail SERVICES, e-mail forwarding, autoresponders or POP e-mail accounts, other than for the subscribers own account, resale of CGI script access installed on the servers, or send unsolicited e-mail (SPAM).
(c) A subscriber shall not use an e-mail server on another site to relay e-mail without the express written permission from all owners of that site.
3. PAYMENT OF CHARGES:
(a) All prices / charges are quoted in Australian dollars and include GST, unless otherwise stated. SERVICES must be paid for in advance, excepting excess usage, which will be invoiced in arrears. Payment of any charges for SERVICES provided by Red Rook or its suppliers is due 14 days after the date of invoice.
(b) Payments must be made in Australian dollars unless alternative arrangements have been made. Accounts with charges outstanding for more than 7 days will be disabled and will be subject to termination of SERVICES.
(c) In the event of a Subscribers cheque not being honoured by the bank against which the cheque is drawn, the Subscriber shall be liable for an AU$30 additional charge.
(d) Accounts with charges not paid within 30 days of invoice shall be subject to 1.5% interest per month or the maximum penalty interest as permitted by law, and Red Rook shall have the right to discontinue the SERVICES, delete all files, information and e-mail under that account.
(e) A setup fee as determined by Red Rook will be payable by the Subscriber if the Subscriber wishes to utilise the SERVICES again, and the Subscriber must reapply as a new Subscriber.
4. DISCONTINUATION OF SERVICES:
(a) Red Rook reserves the right to suspend or terminate SERVICES to a Subscriber with an account with charges outstanding for more than 7 days, or to suspend or discontinue SERVICES to a Subscriber by giving 30 days written notice, and to refund any unused credit balances.
(b) Red Rook reserves the right to immediately suspend or terminate a SERVICE or SERVICES to a Subscriber if adversely affecting other Subscribers, as determined by Red Rook.
5. LIMITED WARRANTY:
(a) Red Rook endeavours to keep regular backups of all data, material and information on the servers in the unlikely event of major hardware or software failure or corruption.
(b) It is the Subscriber’s responsibility to keep in a secure location isolated from the server, copies of data, material and information stored with Red Rook. These external procedures shall be used in the event of data loss or corruption not recoverable by the server backup, or for minor data loss or corruption. Red Rook shall bear no liability for the loss or alteration of such data, material and information.
(c) The entire and exclusive liability of Red Rook for all claims made by Subscriber or any other party, regardless of form, shall be limited to, at Red Rook’s option, to use commercially reasonable efforts to make the applicable SERVICES available as soon as practicable, or shall not exceed the total amount of all fees and charges paid to Red Rook for the appropriate SERVICES during the most recent one month period.
(d) Red Rook AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICES OR DOCUMENTATION PROVIDED BY Red Rook OR ITS SUPPLIERS. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR Red Rook’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Red Rook AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. EXCLUSION OF OTHER WARRANTIES:
(a) To the fullest extent permitted by law, and except as expressly contained in this Agreement, all conditions and warranties, whether express or implied, are hereby excluded.
(b) Where a condition or warranty is incapable of exclusion, to the fullest permitted by law the Liability of Red Rook shall:
(i) Be limited, at Red Rook’s option, to use commercially reasonable efforts to make the applicable SERVICES available as soon as practicable, or
(ii) Not exceed the total amount of all fees and charges paid to Red Rook for the appropriate SERVICES during the most recent one month period.
(c) You acknowledge that –
(i) No promise, representation, warranty or undertaking has been made or given by Red Rook or any person on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of SERVICES; and
(ii) You have relied on your own skill and judgment in deciding to acquire SERVICES.
(d) Except as and to the extent provided above, under no circumstances shall Red Rook or any related company be liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from the supply or use of the SERVICES and any written materials or any failure by Red Rook or any related company to perform any obligations or observe any terms of this agreement.
If any provision of this Agreement is held to be invalid or unenforceable such invalidity or unenforceability will not effect the enforceability of any other provision of the Agreement.
8. GOVERNING LAW:
This agreement is governed by the laws of the State of Tasmania, Australia.
9. ENTIRE AGREEMENT:
This Agreement constitutes the entire Agreement between the parties as to the supply of SERVICES and supersedes any and all prior oral and written understandings or agreements relating to the supply of SERVICES.
By use of this site and its links, users agree that all information is provided on an “as is” basis and may change without notice. Any link to a site does not imply an approval of the content or service of that site. The links and related sites are maintained by their respective owners and organisations, who are solely responsible for their content.
Users agree to indemnify and hold harmless Red Rook for all claims or damages resulting from the use of this service and any links or site contents from this service or the links.