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Terms of Service
Middle Path Online leases facilities on dedicated servers which impose terms of service which we are required to pass on to our clients, these include the following:
Middle Path Online Terms of Service
Middle Path Online agrees to furnish services to the "Client", subject
to the following TOS (Terms of Service).
Use of Middle Path Online Services constitutes acceptance and agreement to both
Middle Path Online's TOS (Terms of Service) and Middle Path Online's AUP (Acceptable
Use Policy). The TOS and AUP may be changed from time to time at the discretion
of the Company. Subscriber understands that changes to the TOS and / or the
AUP by Middle Path Online shall not be grounds for early contract termination
or non-payment by the Subscriber.
1. Term
Ongoing until 7 days written notice is given by either of the parties.
2. Service Cancellation
- Service may be cancelled at any time by contacting us via our contact page or in writing.
- Middle Path Online offers no refunds on the annual hosting fees to the Client upon cancellation.
3. Fees
- Middle Path Online does not extend credit to Clients. All services must be paid for in advance of service delivery.
- Monthly fees and charges for extra metered services are determined at the end of the month.
- All invoices are due upon receipt and will be considered overdue 10 days past the date received.
- All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. Middle Path Online does not issue refunds or credits except as explicitly specified within this Terms of Service.
4. Adherence to Acceptable Use Policy (AUP)
- Client agrees not to allow Middle Path Online services to be used for activities specifically prohibited by the Middle Path Online Acceptable Use Policy (AUP) posted at Middle Path Online Internet Services Acceptable Use Policy. It is the Client 's responsibility to review this agreement prior to committing to use Middle Path Online's hosting service. The AUP may be updated from time to time and it is the Client 's responsibility to regularly check for updates.
- Client s must not allow Middle Path Online resources to be used for SPAM
or Unsolicited Commercial Email (UCE), hosting of content advertised by
UCE, perpetration of security breaches or hacking, network attacks, illegal
activities, child pornography, fraudulent activity, Trademark or Copyright
infringement, virus distribution, and like activities.
- Client agrees to compensate Middle Path Online for any expenses Quadra
Hosting may incur resulting from Client 's violation of the posted
AUP, including any fines, fees, legal expenses, and labor for investigation
and resolution. The cost of any investigations will be charged to the
Client at AU$120 per hour during normal business hours. Emergency investigations
are charged double-time at AU$240 / hour with a one hour minimum.
- Client is responsible for any activity conducted on their account,
including unauthorized activity by hackers. This includes any AUP violations
or bandwidth or transfer usage caused by hackers. Middle Path Online will
endeavor to assist Client but Middle Path Online is not responsible for
protecting Clients from hackers and their actions and use of Client's
account.
- Middle Path Online does not monitor Client content and activities but
reserves the right to disable service or remove content pending investigation
of possible AUP violations without first giving notice.
- Middle Path Online does not issue refunds for terminating service due to suspected
AUP violations.
5. Ownership of Data, Software, Hardware and IP addresses:
All software, hardware and IP addresses provided by Middle Path Online are leased
to the Client and remain the property of Middle Path Online and/or its suppliers.
Middle Path Online reserves the right to change any network infrastructure, software,
hardware and IP addresses at its sole discretion.
Client will provide and transmit to the system software, data and content
to be uploaded to the servers and accessed by the general public via the Internet.
Upon termination of this agreement, Client agrees to remove all uploaded
software, data and content prior to the termination date of the contract.
Middle Path Online will not be responsible for providing access or copies of the
software, data or content stored on the system after the final termination
date.
6. Service Levels
- Middle Path Online may interrupt service to perform maintenance. Middle Path Online will use its best efforts to inform Client before interrupting service
to insure that access loss is minimized.
- In the event that Middle Path Online suspects that server security has been
breached, Middle Path Online reserves the right to disable the server and/or
the account in order to facilitate investigation and recovery in coordination
with Client.
- Subscriber agrees that Middle Path Online shall not be responsible for any
service interruptions.
7. Limitation of Liability, Indemnification
- The parties acknowledge and agree that Middle Path Online shall not be held
liable for any consequential damages, including without limitation loss
of use or loss of profits, incurred by Client, Client's Customers
or its subsidiaries or successors, regardless of whether such
damages are sustained based upon as alleged breach of contract, negligent
act, or omission.
- Middle Path Online is not responsible for data or content maintained and distributed
by Middle Path Online facilities. THE SERVICES ARE PROVIDED ON AN "AS
IS" BASIS AND CLIENT'S USE OF THE SERVICES IS AT ITS OWN RISK.
MIDDLE PATH ONLINE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER
EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE,
OR TRADE PRACTICE. Middle Path Online DOES NOT WARRANT THAT THE SERVICES WILL
BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
8. Miscellaneous
- The agreement contains the sole and entire agreement of the parties with
respect to the services to be provided by Middle Path Online, and any and
all prior or contemporaneous communications, negotiations, commitments,
and understandings related thereto are hereby merged herein.
- Middle Path Online reserves the right to amend or otherwise change this agreement
by publishing the updated service agreement on the Middle Path Online Web
site at http://www.middlepathonline.com/termsofservice.php. Client may reject
the revised agreement and cancel service with 30 days written notice if
the amended terms are not acceptable to the Client.
- This Agreement shall be construed and enforced in accordance with the
laws of the State of Queensland, Australia with respect to transactions
entered into and to be performed entirely within the State of Queensland
Australia.
- All written communications shall be directed to the Client using
the contact information provided to Middle Path Online at the time of order
unless otherwise instructed in writing by Client. All fees due Middle Path Online should be mailed to 12 Lawrence Place, Maleny, QLD 4552.
Client has reviewed the current Acceptable Use Policy and this Terms of
Service and Client and Middle Path Online hereby agree by making use of the
Middle Path Online service.
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