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Hosting Terms of Service | Privacy Policy

1. Acceptance of terms
Aquafruit Media (us, we, our) provides this web site for it's clients, public and investors (you, your). By using and/or accessing this web site, you accept and are bound by these Terms of use. We may update these terms of use from time to time without notice to you. Please check our terms reguarly for the latest version.

2. Our services
We will provide you with a variety of resources, such as downloads, information, support, account information, newsletters, forums, information guides. This may also include new services and unlisted services, all which are subject to the Terms of use.

3. Use of content
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images / graphics, use, edit, store or modify code from our web site, products and services obtain from our web site without express written consent from us. If you are found to breach this agreement, we reserve the right to terminate your account without notice, and/or seek compensation for any of the above breaches. You agree not to publically display our company email addresses on other web sites, forums or any other medium. You agree and accept that you will be liable for any damages incurred as a result of your actions. Your agree you will not damage relations, reputation or goodwill with Aquafruit's current, future and prospective clients by use of this web site in any way. This can be by, but not limited to email, live chat, forums, web sites, telephone and may include threatening, attempting to damage business relations or reputation, providing incorrect information, extortion, harassment, improper conduct, abuse, swearing, publishing and distribution of any communication, web site content, or other unlawful activities. We also reserve the right to seek and claim damages and losses.

4. Lawful and acceptable use
You will not use any of our services for unlawful and unacceptable use. This includes using the services in any way which could damage, disable, overburden, impair any of our services or interfere with another users use of our services You may not attempt to gain unauthorised access to our services by any means, including hacking, another persons account, networks connected to ours and password mining. You may obtain information and services through the means which they were intended to be used.

5. Suggestions and feedback
No compensation will be given to any suggestions or feedback provided by you. By submitting information, you understand and give us permission to use this information to help better our services, without credit to you.

6. Copyright
Our web site, images, information, services are Copyright 2006 © Aquafruit media Pty. Ltd. All rights reserved and/or are licenced by their respective owners including all trademarks, logo's and other.

7. Disclaimer
The author of Aquafruit, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED WITHIN THE WEB SITE PUBLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. For more information, please contact our sales team.

1. Shared Hosting Terms Of Service
Aquafruit welcomes you and is glad you have chosen Aquafruit as your web site host. Aquafruit encourages you, the member, to utilize the many services made available to you, making your web experience a pleasant and successful venture. The Terms of Service and Conditions of Membership Agreement provides the registered member with Aquafruit's services, policies and a statement of what is allowed and not allowed, thereby giving you practical but precise approaches for what is acceptable to the Aquafruit Community. By registering with Aquafruit as a Member you agree to use the Aquafruit Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below:

2. Membership with Aquafruit
Membership is available to anyone who registers with a legitimate electronic mail address. Aquafruit does not discriminate on the basis of age, gender or ethnicity.

3. Price and Payment
The Member authorizes Aquafruit to charge all fees due to the submitted payment details. All hosting contracts are automatically renewed for another term unless a written notice of cancelation has been given by either party at least one week in advance of the renewal date / anniversary date. If an account has been setup and the initial rent and setup fee are not paid, Aquafruit has the right to immediately close the account and to refuse service. If for some reason the Member is not completely satisfied, the Member may cancel the account within thirty (30) days of the Application and receive a full refund of any service charges. This policy does not apply outside the first 30 day period. The 30 Day money back Guarantee does not apply to accounts participating in the free domain offer. Hosting fees will be refunded minus the setup fee. All cancellation requests must be initiated by an email from the primary contact person on the account who shall provide sufficient identification. Account terms are final and there are no refunds of unused time if the service contract is canceled by client before the regular expiration date / anniversary date. Any cancellation request shall be effective upon receipt unless otherwise requested.

4. Definition/Guidelines of Membership
Aquafruit provides its Members with storage space for their Web Site together with a personal virtual server (membername.). Members may also have their own domain name (www.domain.com) mapped to their storage space. Members must agree to accept our email messages as part of their service. We only use email to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our Communities. And we keep these messages to a minimum. Aquafruit is not responsible for the content of any personal Web Site, and the views expressed by any of its Members are the responsibility of the posting Member and not Aquafruit. Aquafruit does not review Web pages in any way before they appear on the Member area of the Site. Aquafruit reserves the right to modify or remove anything submitted to Aquafruit, and to cancel membership at anytime. Any site that violates the following guidelines will be immediately removed from Aquafruit.

5. Member's Web pages cannot contain or provide links to:

  1. Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violate local, state and national laws.
  2. Any material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights; this includes "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork. If you don't own the copyright or have documented permission to use it, don't put it on your site at Aquafruit.
  3. Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; this includes posting other peoples' private information.
  4. Content that promotes, encourages, or provides instructional information about illegal activities---specifically hacking, cracking, or phreaking.
  5. Any software, information, or other material that contains a virus, "Trojan Horse", corrupted data, or any other harmful or damaging component;
  6. Hate propaganda or hate mongering, swearing, or fraudulent material or activity;
  7. Using in the registration of your Aquafruit Membership an email account that is or becomes inactive or that is not your own email Account.

Aquafruit may terminate Membership and any and all information, communications, Postings, or Web pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Aquafruit elsewhere on the Site. Aquafruit may terminate Membership and delete any and all information, communications, Postings, or Web pages for online conduct that Aquafruit believes is harmful to other Members, the business of Aquafruit, or other third-party information providers. Aquafruit provides space for Member Web pages but makes no implied or express warranties about the reliability of these pages. Aquafruit is not responsible for any damage caused by loss of access to, or deletion or alteration of Member pages; individual Members are responsible for monitoring and creating backups of their pages not Aquafruit. If Aquafruit becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts Aquafruit, preferably by certified mail, of the specific location of the alleged presence of such materials, Aquafruit will: 1. Contact the Member responsible for the page and alert him or her of the allegations of copyright infringement and notify the person that within five days he or she must respond as to why the allegedly infringing material does not infringe the purported copyright. Aquafruit will also alert the Member that absent such a response, Aquafruit reserves the right to delete the page/site; and 2. If the Member fails to respond within five days, Aquafruit will make a decision whether to remove the page/site. If the alerted party responds to the allegations and claims the page is not infringing, Aquafruit will either forward the response to the third party alleging the infringement, or in the case that Aquafruit has discovered the infringement, make a decision whether to remove the page. If in its sole discretion, Aquafruit concludes that one of its Member's home pages contains a particularly flagrant copyright violation, Aquafruit reserves the right to delete the offending home page at any time.

6. Rules for Online Conduct
Aquafruit Bulletin boards, Chatrooms & Email Postings The Member agrees not to include any electronic mail or postings ("Postings") that contain any of the following material in Aquafruit Bulletin boards, Chatrooms, or email transmissions: a) Material that defames abuses or threatens others. b) Statements that are bigoted, hateful or racially offensive. c) Material that advocates illegal activity. d) Material that contains obscene content. Network abuses, including but not limited to mail abuse (mass mailing unsolicited email) and usenet news abuse (mass crossposting articles unrelated to group topics), is prohibited and will result in termination of membership at the discretion of Aquafruit.

7. Privacy
All information provided by a Member is strictly confidential. Aquafruit reserves the right to distribute aggregated demographic information provided by Members, but will never release the name or other personal information about a Member without the permission of that Member. However, Aquafruit reserves the right to release current or past member information in the event:

  1. Aquafruit believes that the membership is being or has been used in violation of the Terms of Service
  2. or to commit unlawful acts
  3. or if the information is subpoenaed
  4. or when Aquafruit deems it necessary or appropriate.

The exchange between Aquafruit and the Member of information such as passwords or electronic mail may not be secure given the current state of Internet technology. Aquafruit encourages Members to change their passwords frequently.

8. Liability and Guarantee
The Member agrees that the use of the Site is entirely at the Member's own risk. The Site is provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. Aquafruit is not responsible for the delivery or quality of any goods or services sold or advertised through or on Aquafruit members' page(s). Aquafruit makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Aquafruit service. In no event will Aquafruit be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Aquafruit's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

9. Indemnity
The Member agrees to indemnify and hold Aquafruit harmless from any loss, liability, claims, damages and expenses, including attorneys' fees, arising from or related to the content, use, or deletion of the Member's pages or use of any other Aquafruit feature or service. This expressly includes: (i) Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights, and (ii) Any defamatory or unlawful material contained within Member Web pages or Postings.

10. Merger
This document supersedes all previous agreements, proposals and communications, either written or verbal. Aquafruit reserves the right to change or amend these Terms of Service at any time without prior notice. By becoming a Aquafruit Member, you signify your agreement to these Terms of Service.