This Hosting Service Agreement ("Agreement") is by and between SKIZCorp ("SKIZCorp Technology") and you and your heirs, assigns, agents and contractors (collectively, "You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of SKIZCorp's Web Site Hosting or Virtual Hosting ("Hosting") services and SKIZCorp's Hosting service ("SKIZCorp SAAS Systems") ("Hosting" and "SKIZCorp SAAS Systems" together, the "Services") and represents the entire agreement between You and SKIZCorp in connection with the subject matter of this Agreement. By using SKIZCorp's the Services, You acknowledge and agree that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service, which SKIZCorp may establish from time to time.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses the account You've established with SKIZCorp, whether or not the transactions were on Your behalf. You acknowledge and agree that SKIZCorp's acceptance of any application made by You for services provided by SKIZCorp will take place at SKIZCorp's offices located in Scottsdale, Arizona, USA. You further acknowledge and agree that as adequate consideration for SKIZCorp providing You with the Services at no cost to You, SKIZCorp shall have the right to place certain advertisements on Your web site. If You do not desire that such advertisements are placed on Your web site by SKIZCorp, then You may purchase the Services at SKIZCorp's current rates.
Description of Hosting
SKIZCorp currently provides Hosting services to its customers for a monthly fee. Provided You abide by and comply with the terms and conditions of this Agreement, You shall have no obligation to pay for Hosting services. SKIZCorp shall host Your web site on SKIZCorp's Hosting servers, provided You abide by the terms and conditions set forth herein and in each of SKIZCorp's policies and procedures.
License of Your website content
SKIZCorp grants to You, and You accept from SKIZCorp, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with SKIZCorp's performance or enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, SKIZCorp shall attempt to provide Hosting services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Hosting services may be inaccessible or inoperable for any reason, including, without limitation:
equipment malfunctions; periodic maintenance procedures or repairs that SKIZCorp may undertake from time to time; or causes beyond the control of SKIZCorp or that are not reasonably foreseeable by SKIZCorp, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You acknowledge and agree that SKIZCorp has no control of availability of Hosting services on a continuous or uninterrupted basis.
SKIZCorp may offer additional features and add on services such as an FTP Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by SKIZCorp. Subject to the terms and conditions of this Agreement, SKIZCorp shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation:
equipment malfunctions; periodic maintenance procedures or repairs that SKIZCorp may undertake from time to time; or causes beyond the control of SKIZCorp or that are not reasonably foreseeable by SKIZCorp, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services. Notwithstanding anything in this Agreement to the contrary, in no event shall Your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or page that contain any of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.
Any SSL certificate You purchase from SKIZCorp or its affiliates to use in conjunction with Hosting services provided by SKIZCorp, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by SKIZCorp, SKIZCorp will generate and securely store a corresponding private key.
For security reasons, at no time will SKIZCorp release Your private key, even if You request it. If You wish to export Your SSL certificate for use on a non- SKIZCorp hosting server, You will need to make a request to SKIZCorp no earlier than thirty (30) days after Your initial SSL subscription began. After Your hosting account with SKIZCorp has been cancelled, You will have thirty (30) days to follow the Starfield Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.
Information Shared with Partners
As a condition of purchasing or using Hosting services, You acknowledge and agree that SKIZCorp may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.
Your Hosting Obligations
You acknowledge and agree that SKIZCorp shall have the right to seek justification in connection with Your use of the Hosting services, including, but not limited to, Your purchase of IP addresses, and that You shall be obligated to provide any and all information reasonably sought by SKIZCorp pursuant to such justification. You acknowledge and agree that You are required to begin using at least eighty percent (80%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least eighty percent (80%) of Your assigned IP addresses, You acknowledge and agree that SKIZCorp shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois.
You represent and warrant to SKIZCorp that: Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. If Your web site includes GIF images and You are not using SKIZCorp's WebSite Complete or any SKIZCorp SAAS software, You must ensure that Your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the web site being hosted by SKIZCorp will not be used in connection with any illegal activity.
If You are hosting Your web site on SKIZCorp's servers, You are responsible for ensuring that there is no excessive overloading on SKIZCorp's DNS or servers. In the event that You exceed Your allotted bandwidth and thereby overload SKIZCorp's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use SKIZCorp's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and SKIZCorp reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. SKIZCorp prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by SKIZCorp. You agree that SKIZCorp reserves the right to remove Your web site temporarily or permanently from its hosting servers if SKIZCorp is the recipient of activities that threaten the stability of its network. Further, You acknowledge and agree that SKIZCorp has the right to terminate Your Hosting services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.
You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; engage in any other activity deemed by SKIZCorp to be in conflict with the spirit or intent of this Agreement or any SKIZCorp policy; or use Your server as an "open relay" or similar purposes.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:
prevent any loss or damage to Your web site content; maintain independent archival and backup copies of Your web site content; ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on SKIZCorp servers; and ensure the confidentiality of Your password. SKIZCorp's servers and hosting services are not an archive and SKIZCorp shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
In the event You terminate, moving Your web site off of the SKIZCorp hosting servers is Your responsibility. SKIZCorp will not transfer or FTP Your web site to another provider. In the event Your Hosting service is terminated, SKIZCorp will not transfer or manage Your Hosting or Your website content.
SKIZCorp grants You a non-exclusive license to use the SKIZCorp SAAS Systems (the "Application") for the purpose of designing and publishing web sites for use on the Internet, and other such web site design purposes as are ordinary and customary. You are free to use any SKIZCorp SAAS on any computer, but the same project may not be modified on more than one (1) computer at one time. You may customize or modify the appearance of any SKIZCorp SAAS as provided and allowed by the instructions. You may not otherwise alter or modify the Application. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code of the Application. You are not authorized to combine SAAS Systems with any other software program or application, and You are not authorized to integrate any plug-in or enhancement which uses or relies upon any SKIZCorp SAAS other than those provided with the Application. You are licensed to publish an unlimited number of web sites using this Application. However, You will be required to pay a license fee for each web site published; provided, however, as long as You comply with the terms and conditions set forth in this Agreement, You shall not be obligated to pay any fees in connection with using the Application.
Web Site Hosting Services
You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by SKIZCorp. You affirmatively acknowledge that SKIZCorp is relying on Your representation concerning Your proper use of all content on any web site You create or control. If Your web site includes GIF images and You are NOT using the Application, You must ensure that Your GIF images are licensed by Unisys or were created with Unisys Authorized Software. Moving Your web site from one hosting server or provider to another is Your responsibility. SKIZCorp will not transfer or FTP Your web site to another hosting provider.
You acknowledge that You and a SKIZCorp approved Hosting Provider ("Hosting Provider") have entered into a Hosting Service Agreement ("Hosting Agreement"). You agree to be bound by the agreements that govern all domain names hosted through the Hosting Provider, including the Hosting Service Agreement; this Agreement; and all policies and procedures as posted on its web site.
any SKIZCorp SAAS is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, SKIZCorp explicitly reserves the right to terminate Your license if it comes to SKIZCorp `s attention that You are using any SKIZCorp SAAS to participate in objectionable activities, which include, but are not limited to, the following: sending unsolicited email or spam; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way; or activities that do not comply with the terms and conditions of this Agreement.
SKIZCorp retains all rights to the Application, web site templates, forms, and documentation. You are entitled to use this Application, the web templates, forms and documentation to build web sites and post them to the Internet. any SKIZCorp SAAS and any copies You are authorized to make are the intellectual property of SKIZCorp. The source code and its organization are the exclusive property of SKIZCorp and any SKIZCorp SAAS is protected by copyright, including United States Copyright Law. Except as expressly stated in this Agreement, this Agreement does not grant You any rights in any SKIZCorp SAAS and all rights are reserved by SKIZCorp.
SKIZCorp expressly reserves the right to: Censor any web site hosted on its servers that, in SKIZCorp's sole opinion, is deemed inappropriate; Review every Hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels; Modify pricing through email notification; Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (e.g., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that SKIZCorp determines to be harmful to subscribers, operations, its reputation, or otherwise; and Terminate Your license if Your use of any SKIZCorp SAAS results in, or is the subject of, legal action or threatened legal action against SKIZCorp or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit and terminate Your license in the event You fail to comply with the terms of this Agreement. The decision to terminate Your license shall be made solely by SKIZCorp, and in so doing, SKIZCorp shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
liability and indemnification
SKIZCorp provides any SKIZCorp SAAS "as is" and without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall SKIZCorp be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if SKIZCorp has been advised of the possibility of such damages arising from any defect or error in the Application.
You shall indemnify, defend by counsel reasonably acceptable to SKIZCorp, protect and hold SKIZCorp harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants` and attorneys` fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of any SKIZCorp SAAS or the Hosting services.
You agree the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
You agree that all notices (except for notices concerning breach of this Agreement) from SKIZCorp to You may be posted on its web site. Notices concerning breach will be sent to You at either the postal address or email address You have on file with SKIZCorp In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to SKIZCorp shall be made by email, sent to the address provided on the SKIZCorp web site, or by first class mail to the address below.
Attn: Legal Department
46-48 Urunga Pde, Miranda.,
Sydney, NSW, Australia 2228