This Terms of Services ("TOS") is made between PAN Hosting ("Site") , the Customers ("Customers") as stated in this Agreement. For all purposes in the Agreement, the following definitions shall apply:
Company: "Company" shall mean PAN Hosting at http://www.panhosting.com.au
Customers: "Customers" shall mean any or all PAN Hosting customers.
Services: "Services" shall mean any and all services provided by PAN Hosting. This includes our Hosting Plans, and any other services that PAN Hosting provides.
LICENSE AGREEMENT BETWEEN USER AND PAN HOSTING
1. Acceptance of Terms
This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices.
2. Personal and Non-Commercial Use Limitation
This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.
3. Description of Service
PAN Hosting currently provides users with access to a rich collection of on-line resources and information including forums, amongst other things (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new PAN Hosting resources, shall be subject to the Terms of Service. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
4. Privacy Policy
Pursuant to PAN Hosting's Privacy Statement we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorised by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.
5. Termination and Access Restriction
You agree that PAN Hosting, in its sole discretion, may terminate your password, PAN Hosting accounts, use of the Services, and remove and discard any contents within the Services, for any reason, including, without limitation, for lack of use or if PAN Hosting believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. PAN Hosting may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Services may be effected without prior notice, and acknowledge and agree that PAN Hosting may immediately deactivate or delete your PAN Hosting accounts and all related information and files in your PAN Hosting Membership and/or bar any further access to such files or the Services. Further, you agree that PAN Hosting shall not be liable to you or any third-party for any termination of your access to the Service. PAN Hosting reserves the right to deny in its sole discretion any user access to this site or any portion thereof without notice.
8. Advertisement and Promotions
PAN Hosting runs advertisements and promotions. By accessing PAN Hosting, you agree that PAN Hosting has the right to run such advertisements and promotions. The manner, mode and extent of advertising by PAN Hosting is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PAN Hosting shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. Member Conduct
As a condition of your use of this Web site, you warrant to PAN Hosting that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
This Web site contains forums, chat areas, bulletin board services, communities and/or other message or communication facilities (collectively, "Communities"), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Community, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other members.
(b) Post unnecessary threads known as spamming to gain increase in total number of posts.
(c) Compare and give untruthful remarks about other site(s) and/or forums.
(d) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
(e) Impersonate any person or entity, including, but not limited to, a PAN Hosting official, forum moderator, admin, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(f) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
(g) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
(h) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
(i) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(j) Advertise or offer to sell any goods or services for any commercial purpose.
(k) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(l) Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
(m) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(n) Restrict or inhibit any other user from using and enjoying the Communities.
(o) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
(p) "Stalk "or otherwise harass another member.
(q) Collect or store personal data about other users , without limiting to email, mailing address.
10. Indemnity
You agree to indemnify and hold PAN Hosting, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your contents, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
11. Censorship
PAN Hosting has no obligation to monitor the Support Forums. However, PAN Hosting reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PAN Hosting’s sole discretion.
PAN Hosting does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
PAN Hosting does not control or endorse the content, messages or information found in any Forums and, therefore, PAN Hosting specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forums. Forum moderators and admin are not authorised PAN Hosting spokespersons, and their views do not necessarily reflect those of PAN Hosting.
12. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PAN HOSTING MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. PAN HOSTING MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PAN HOSTING HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PAN HOSTING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PAN HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
13. Service Contract
30 days prior to the expiry of any service, PAN Hosting will forward a invoice renewal notification email to your specified email address, where email details have been provided. Unless you specifically request cancellation of your service prior to the 30 day invoice renewal notification email, your service term will automatically renew for a further period of up to 24 months. You acknowledge that if you do not wish to continue with your hosting service, it is your responsibility to request cancellation of your service before it is automatically renewed 30 days prior to expiry.
14. Feedback
We welcome your feedback. Should you feel dissatisfied with any of our goods or services, please contact our sales line at Tel: +613 8761 6516, Fax: +613 8761 6516, Email: feedback@panhosting.com.au
14. Modification of these Terms and Conditions
PAN Hosting reserves the right to change the terms, conditions, and notices under which this site is offered. No prior notice need be given by PAN Hosting.
15. General Information
The Terms Of Services (TOS) constitute the entire agreement between you "the Customer" and PAN Hosting and govern your use of the Service, superseding any prior agreements between you and PAN Hosting. You also may be subject to additional terms and conditions that may apply when you use affiliate or other PAN Hosting services, third-party contents or third-party software. The Agreement and the relationship between you and PAN Hosting shall be governed by the laws of Australia without regard to its conflict of law provisions. You and PAN Hosting agree to submit to the personal and exclusive jurisdiction of the courts located within Australia. The failure of PAN Hosting to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.