Terms of Service, Copyright, Privacy Policy, Disclaimer

Intelligent, efficient and reliable Web Design, Search Engine Optimisation and Web Hosting since 1999.

Privacy Policy | Copyright | Disclaimer | Terms of Service

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Privacy Policy

Your right to privacy is repsected. The information you choose to provide to us will only be used to help us provide you with a better service. We will ask you when we need information that personally identifies you or allows us to contact you. Your personal information or any other information that you have provided will not shared with any other organisations or parties without your consent.

Visitor's Internet Protocol (IP) address, browser, operating system and other type of technical and statistical information may be logged when this website is accessed.

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Copyright

All materials contained under inperth.com.au, perthwebhost.com.au, localism.com and tn3.com.au are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in anyway, shape, or form without TN3® Productions' prior written permission.

Except as expressly provided herein, TN3 Productions and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by TN3 Productions in writing or incorporated elsewhere in the Materials.

Limited use of materials from this web site under the "fair use" doctrine is permitted for search engines, reviews, and similar purposes.

Other names, logos and data contained are registered trademarks/copyright of their respective owners.

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Disclaimer

All reasonable measures have been taken to ensure the quality, reliability, and accuracy of the information on this website. However, TN3® Productions:

• may delete, add to, or amend information on this website without notice
• is not responsible for the content of other websites linked to, or referenced from, this website and,
• makes no warranties or representations, expressed or implied, as to the accuracy of information contained at this site.

This website is intended to provide information only. If you are seeking advice on any matters relating to information on this website, you should contact us directly with your specific query.

Each page on this website must be read in conjunction with this disclaimer, terms of service and any other disclaimer that forms part of the page or website.

Cookies

tn3.com.au may set a Cookie on your computer to keep track of your preferences and sessions.

FYI: A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site.

Links to Other Materials

The linked sites are not under the control of TN3® Productions and TN3® Productions is not responsible for the content of any linked site or any link contained in a linked site. TN3® Productions reserves the right to terminate any link or linking program at any time. TN3® Productions does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked from this Site, you do this entirely at your own risk.

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TERMS OF SERVICE

Current as of JULY 10^th, 2003.

THE AGREEMENT / TERMS OF SERVICE

0. ACKNOWLEDGMENT AND ACCEPTANCE OF THE AGREEMENT

0.1 The Web Hosting and Domain Registration services (collectively known as "Service") are owned and/or operated by TN3® Productions ("Us/We/Our"). The Service is provided by us to the Client ("Client/You/Your") under the following Terms of Service ("TOS/Agreement").

0.2 Use of the Service and/or agreeing to pay and payment made for the provision of the Service, shall constitutes acceptance of this Agreement. In consideration for the Service, You agreed to provide current, complete, and accurate information about yourself as requested, furthermore, you agree to maintain these details current, complete and accurate. Changes to your details must be notified in writing to admin@tn3.com.au within 14 days.

0.3 From time to time we may need to introduce new rules and policy regarding the use of the Service. We reserve the right to modify this Agreement at any time without notice.

0.4 Any violation of this TOS may result in the suspension or termination of your account or such other action as we deemed appropriate. An unlisted activity may also be a violation of the Agreement if it is illegal, irresponsible, or disruptive to the Internet/server or other clients.

0.5 We reserve the rights to deny access to the Service to anyone.

1. PAYMENT, SUSPENSION AND TERMINATION

1.1 The Client agrees to pay all such charges that are incurred through their usage of the Service. Subsequent payments are due on the anniversary date based on the same time duration as the previous provision and at the current pricing schedule. We shall send the renewal notice to the Client within 14 days of the expiration of the current period.

1.2 Client agrees that bandwidth and disk usage shall not exceed the number of megabytes allocated per calendar month for the hosting package ordered. We will monitor Client's bandwidth and disk usage. Our systems are set to automatically suspend an account when the allocation is exceeded with or without notice. The suspension will be removed if Client agrees to pay for any extra allocations or at the beginning of each month, which ever is earlier.

1.3 The Client acknowledges that any non-processing of their payment, including but not limited to, dishonoured cheques, refer to drawer notices or insufficient funds notices, may incur a $20 administration fee, payable to Us.

1.4 The Client acknowledges that any failure to make payment before the due date, will entitle us to immediately suspend or terminate the Client's account. Any renewal after such suspension or termination shall incur a $50 re-establishment fee.

1.5 We reserve the right to vary the rates and charges at any time without notice. Any changes will affect only renewals and not existing accounts already paid for.

1.6 We reserve the right to terminate the Agreement and/or Service to the Client due to misuse or abuse under this TOS.

1.7 The Client must give us at least 30 days written notice for termination of the Service. No refund shall be given for any unused time or services.

1.8 The Client acknowledges that their non-use or minimal use of the Service, does not constitute a right to a full or partial refund of fees.

2. DOMAIN NAMES

2.1 Domain name(s) registered by us on Client's behalf are registered in your name and ownership of such domain belongs to you, provided the appropriate registration or renewal fees are paid when due. You grant us permission to administer the domain name(s) on your behalf. The administration fee/service is included in the domain registration/renewal pricing schedule.

2.2 Failure to pay your domain registration renewal by the due date will result in your domain name being cancelled. Once the domain name has been cancelled, it will be available for registration by anyone.

2.3 If you have chosen and we have assigned to you one of our sub-domain (example: "username.tn3.com.au") to be used with the Service, we grant you the rights to use the assigned sub-domain name(s) under this Agreement, however, ownership of the sub-domain and domain name(s), belongs to us. The assigned sub-domain name(s) are not transferable or portable to another network or provider, and are valid only for during the term of this Agreement.

3. WEB HOSTING, SERVER, NETWORK AND SECURITY

3.1 Internet Protocol (IP) address assigned to your account to be used with the Service belongs to us. Client shall have no right to use IP address except as permitted by us in connection with the Service and during the term of this Agreement. We shall maintain and control ownership of all IP addresses that may be assigned to Client and we reserves the right to change or remove any and all such IP addresses, in our sole and absolute discretion.

3.2 Violations of systems or network security are prohibited, and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and will cooperate with law enforcement authorities if a criminal violation is suspected. Violators of this policy are responsible for, but not limited to, the cost of labour to clean up and correct any damage done to the operation of the server(s) or network and business operations supported by the server or network. Such labour is categorised as emergency security breach recovery and is currently charged at $400 per hour.

Examples of system or network security violations include, but not limited to the following:

1. Unauthorised access to or use of data, systems or networks.
   
   
2. Probe, scan or test the vulnerability of a system; or network; or to breach security; or authentication measures without express authorisation of the owner of the system or network.
   
   
3. Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network.
   
   
4. Interfering with the Service.
   
   
5. Forging of any TCP-IP packet header or any part of the header information in an email.
   

3.3 In the event of a system failure for whatever reason, we are not responsible for any damages or consequential losses and/or injury incurred.

3.4 Whilst every care possible is taken to ensure the security of our systems, we accept no responsibility for loss of data or service outage.

3.5 We do not allow IRC activities on our servers or network. IRC and related activities will result in immediate Service termination.

4. CLIENT RESPONSIBILITIES

4.1 It is the Client's responsibility to ascertain the full cost of using the Service, including but not limited to, carrier charges, internet access charges, etc. Although we may provide advice regarding other charges, it is the client's responsibility to confirm this advice by contacting the provider(s) directly.

4.2 The Client or persons acting on behalf of the client are not permitted to use the Service for any activities that are of an illegal or fraudulent nature, such as any activities prohibited under the laws of Australia or the United States of America.

4.3 We are concerned about the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, such as regular mail, facsimile, and telephone, all of which can be intercepted and otherwise compromised. As a matter of prudence, we urge our clients to assume that all of their on-line communications are insecure. We cannot and will not take responsibility for the security of information transmitted over our servers and network.

4.4 The Client is responsible for protecting and securing the Client's password and for any authorised or unauthorised use of the Client's password. The client shall not use or permit anyone to use the Service to access other accounts, systems or networks without authorisation. We will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activities.

4.5 Client using mailing list software with the Service, must not set the software to send out more than 500 emails per hour. Failure to adhere to this limit will result in the mailing list being disabled.

5. CONTENT

5.1 Our Service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australian and United States of America laws, or by any common law, is prohibited. This includes, but is not limited to, materials protected by copyright, trademark, trade secret, or other intellectual property rights.

5.2 The Client may not use the Service for warez, pornography, hatred, scams, hacking, fraudulent, illegal, or any materials, which maybe be deemed unacceptable to the community. What constitutes unacceptable content is solely at our discretion. Clients are ultimately responsible for their actions over our network, and will be liable for all breaches of this policy, trademarks, or copyrights.

5.3 The Client is solely responsible for all content stored on and served through their account.

6. SPAM / UNSOLICITED COMMERCIAL EMAIL (UCE)

6.1 We take a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply, this means that Client may not use or permit others to use our network to transact in SPAM. Clients may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violation of this policy will result in your account being terminated immediately without notice. We will pursue any costs associated with the violation and the Client will be responsible to meet such costs.

6.2 First violations of this policy will result in an administration and investigation fee of $300 being charged to your account. Your account will also be reviewed for possible termination. Please do not SPAM using our Service.

SPAM may be reported to abuse@tn3.com.au

7. INDEMNIFICATION

7.1 We wish to emphasise that in using our Service, Client indemnifies TN3 Productions for any violation of the Agreement or law that results in a loss to TN3 Productions or the bringing of any claims against us by any third party. This means that if we are sued because of a client's or a client of a client's activity, the client will pay any damages awarded against us, plus reasonable costs and fees.

8. DISCLAIMER AND RESPONSIBILITY

8.1 We do not assume any responsibility through this Agreement to monitor or police internet-related activities. We disclaim any responsibility for any such inappropriate use and liability to any person or party's violation of this policy.

8.2 All sub-networks, resellers and managed servers of TN3 Productions must adhere to this TOS. Failure to follow any term or condition will be grounds for immediate termination.

8.3 TN3 PRODUCTIONS MAKES NO WARRANTY WITH RESPECT TO THE SERVICE OR ANY RESULT THE CLIENT MAY ACHIEVE USING THE SERVICE AND WE HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, TN3 PRODUCTIONS MAKES NO REPRESENTATION THAT THE OPERATION OF ITS SITES/SERVERS/NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. WE WILL DO OUR BEST TO CORRECT SUCH INTERRUPTIONS AND/OR ERROR(S) AS PROMPTLY AS POSSIBLE BUT WE MAKE NO WARRANTY THAT THE INTERRUPTIONS AND/OR ERROR(S) WILL OR CAN BE CORRECTED.

8.4 ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CLIENT'S OWN DISCRETION AND RISK, CLIENT AGREES TO INDEMNIFY US OF ALL DAMAGES CAUSED TO THE CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA AS THE RESULTS OF SUCH ACTION.

8.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM TN3 PRODUCTIONS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8.6 INDIRECT OR ATTEMPTED VIOLATIONS OF THE AGREEMENT AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE AGREEMENT BY YOU.

9. LAW

9.1 The laws of the State of Western Australia shall govern this Agreement. The Client and TN3 Productions agree to submit any claims to the exclusive jurisdiction of the courts of Western Australia. If any provision(s) of this Agreement is held by a court of Western Australia to be invalid, void or unenforceable, the rest of the Agreement shall remain in force and shall in no way be affected, impaired, or invalidated.

9.2 The section titles in the Agreement are the for the parties convenience and have no legal or contractual significance.

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Current as of JULY 10^th, 2003.