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Disclaimer for Atom If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at Disclaimers for All the information on this website - - is published in good faith and for general information purpose only. does not make any warranties about the completeness, reliability and accuracy of this information.
Any action you take upon the information you find on this website (, is strictly at your own risk. will not be liable for any losses and/or damages in connection with the use of our website. Our Disclaimer was generated with the help of the and From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information. Consent By using our website, you hereby consent to our disclaimer and agree to its terms. Update Should we update, amend or make any changes to this document, those changes will be prominently posted here. eCommerce Websites will not be responsible for any damages your business may suffer to the extent permissable by law. We make no warranties of any kind, express, implied, statutory or otherwise for any Service we provide. Under no circumstances, shall eCommerce Websites, its officers, agents or anyone else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages that result from the use or the inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services. eCommerce Websites disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. eCommerce Websites may however review, delete or block access to communications that could harm eCommerce Websites, its customers or third parties. The grounds on which eCommerce Websites may take such action include, but are not limited to, actual or potential violations of our Terms of Service and/or Acceptable Use Policy. We reserve the right to revise our policies or terms of service at any time.
Notification of all amendments will be displayed publicly on our website - it is your responsibility to check our website and your eCommerce Websites account login periodically to ensure you stay informed of any change - current as of 1st October 2010 All logos and/or registered trademarks displayed on any part of the eCommerce Websites website are the property of their respective copyright owners. If you have reason to believe that any form of Intellectual Property or Copyright infringement has occurred in any part of our website WebHosting Terms and Conditions Koch Products Pty. Ltd. (trading as "eCommerce Websites") agrees to provide use of our dedicatedservers ("Service") to the Subscriber ("Customer") subject to these Terms ofService ("ToS") outlined below and our Acceptable Use Policy ("AUP"). Use of any of the services provided by eCommerce Websites constitutes acceptance and agreement to the eCommerceWebsitesAcceptable Use Policy as well as the eCommerce Websites ToS (Terms of Service) by the Customer. We occasionally mayhave promotions and make special offers available for limited time duration on a particular Service we offer, allpromotions are offered subject to this Terms of Service agreement and only differ with regards to the thepromotional or special offer Service price unless otherwise stated. 1. LAWS: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees thateCommerce Websites may disclose any and all Customer information including assigned IP numbers, account history,account use, etc. to anylaw enforcement agent who makes a verifiable written request without further consent or notification to theCustomer. In addition eCommerce Websites shall have the right to terminate all service set forth in this Agreement. These ToS shall be governed by and construed in accordance with the laws of the state of Victoria. Customer andeCommerce Websites agree to submit to the exclusive jurisdiction of the courts of the state of Victoria. Ifany provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law,then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with theother provisions remaining in full force and effect. eCommerce Websites' failure to exercise or enforce anyrights or provisions of these ToS shall not constitute a waiver of such right or provision unless acknowledged andagreed to by eCommerce Websites in writing. Customer and eCommerce Websites agree all disputes against eCommerceWebsites by Customer must first go to non-binding mediation, and attempt to resolve the dispute in good faith, inthe venue and jurisdiction of eCommerce Websites choice. Failure of Customer to attempt a good faith resolution innon-binding mediation shall prohibit Customer from proceeding in a civil court action, any cause of action arisingout of or related to this Service which cannot be resolved by mediation must commence within one (1) year after thecause of action arose; otherwise, such cause of action is permanently barred and you and eCommerce Websites foreverwaive any such cause of action. 2. SERVICE RATES: Customer acknowledges that the nature of theservice furnished and the initial rates and charges have been communicated to Customer. Customer is aware thateCommerce Websites may prospectively change the specified rates and charges periodically as necessary. Anypromotional offers are contingent upon eCommerce Websites achieving and maintaining its cost of service goalsincluding but not limited to rates charged to eCommerce Websites by its suppliers. 3. SERVICE PAYMENT: Establishment of Service is dependent upon receipt by eCommerce Websites of payment of stated charges. Subsequentpayments are due on the anniversary date of the month for that month's service. All accounts and services providedby eCommerce Websites are subject to the current GST tax rate as imposed by the Australian Federal Government whichis currently 10%. The above applies to all accounts and services provided by eCommerce Websites. 4. FEE PAYMENTS: Credit card payments that are declined for any reason may be subject to a smalladministrative payment declination charge. Service will be interrupted on accounts that reach 7 days past due.Service interrupted for non-payment is subject to a reconnection charge, any relevant reconnection charges will bedetailed in Customer's disconnection notice. Accounts not paid by due date may be subject to a late payment fee. Accounts that are not collectible by eCommerceWebsites may be turned over to an outside collection agency for collection. If your account is turned over forcollection, you agree to pay eCommerce Websites a "Processing and Collection" Fee of not less than $100 nor morethan $300. If you desire to cancel your account, please follow the proper procedure to do this as outlined in thisToS. 6. DISPUTES AND REFUNDS: All valid payments to eCommerce Websites areNon-Refundable. This includes the one time initialsetup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60days of the time the disputed charge occurred. If you dispute a charge to your credit card issuer ("Chargeback")that, in eCommerce Websites' sole discretion is a valid charge under the provisions of the ToS and / or AUP, youagree to pay eCommerce Websites an "Administrative Fee" of not less than $50 AUD and not more than $150 AUD. 7. PAYMENT FAILURE: eCommerce Websites may temporarily deny Service or terminate this Agreement upon the failure of Customer to paycharges that are due. Such termination or denial will not relieve Customer of their responsibility for the paymentof all accrued charges, plus reasonable interest and any collection fees. 8. SERVICE INTERRUPTION: Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasonsother than the negligence of eCommerce Websites and that damages resulting from any interruption of service aredifficult to ascertain. Therefore, Client agrees that eCommerce Websites shall not be liable for any damages arisingfrom such causes beyond the direct and exclusive control of eCommerce Websites. Subscriber further acknowledges thateCommerce Websites' liability for its own negligence may not in any event exceed an amount equivalent to chargespayable by subscriber for services during the period damages occurred. In no event shall eCommerce Websites beliable for any special or consequential damages, loss or injury. 9. SUPPORT: eCommerce Websites, provides technical support 9AM to 5PM, Monday to Friday (with servers and our data centre beingmonitored 24 x 7 - except for few holidays and short company meetings when we close our centre.) We limit ourtechnical support to our area of expertise. The following is our guidelines when providing support: eCommerceWebsites provides support related to your server functioning. eCommerce Websites does not offer tech support fornon-application specific issues. If you are able to get online and have other questions, the answers may be on our website - we encourage you tocheckthere first. Lastly, the Help files in the program you are using may have the answer to your question so please doinvestigate these resources before contacting tech support. 10. SPAM AND UCE (Unsolicited Commercial Email): eCommerce Websites takes an absolute zerotolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply thismeans that Customers of eCommerce Websites may not use or permit others to use our network to transact in UCE.