Eastcoast I.T. Terms of Service
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web Hosting, e-Commerce and other Internet related services provided by Eastcoast Information Technology (the "Services"). As used in this Agreement, "Eastcoast I.T." means Eastcoast Information Technology and "Client", "you", or"your" means you. By clicking on the "I have read and agree to the Terms of Service” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Eastcoast I.T. site. As referred to in this Agreement, "Site" refers to a World Wide Website and "Eastcoast I.T. Site" refers to the site located at the URLs https://www.eastcoastit.net or any other successor Sites owned Eastcoast I.T.
1. APPROPRIATE USE OF THE SERVICES.Eastcoast I.T. provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
The Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client -or through Client by a third party to any Eastcoast I.T. server in connection with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Eastcoast I.T. or any third party;
- are defamatory, slanderous or trade libellous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate
Disk Space/Data Transfer
The Client may occupy only the amount of disk space on the Eastcoast I.T. Server and utilise no more than the network data transfer that is allocated by Eastcoast I.T. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Eastcoast I.T. Hosting, or otherwise, that mentions or reference any domain hosted on Eastcoast I.T. servers or parked on Eastcoast I.T. DNS servers.
NOTE: THIS POLICY APPLIES TO ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON OUR SERVERS.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files and Processing
Eastcoast I.T. performs daily backups on all servers which can be restored in the case of a system failure, however, it is the Client’s responsibility to use the Backup feature of their preferred control panel and keep their own copy.
Eastcoast I.T. reserves the right to refuse service to anyone. Eastcoast I.T., in its sole discretion, may immediately terminate this Agreement if the Client engages in any of the foregoing. To report any unacceptable behaviour by a third party using the Services, please contact firstname.lastname@example.org
2. PAYMENT OBLIGATIONS
Eastcoast I.T. shall either (i) debit the Client’s credit card (when such information is provided by the Client), or (ii) produce an invoice which will be delivered to the Client by email with additional payment methods. All new accounts must be paid prior to the new account becoming active on our servers. Domain name registration fees must be paid up front before the domain name will be registered. Eastcoast I.T. accepts no responsibility for domain names registered by another party prior to the Client paying the outstanding amount. Ongoing invoices will be issued seven (7) days prior to the due date. A reminder will be issued on the due date. Suspension notice will be issued seven (7) days after the due date. The account will be suspended fourteen (14) days after the due date, and final notice will be issued. Eastcoast I.T. shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Eastcoast I.T. and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Eastcoast I.T. for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if the Client's account is cancelled at any point during the one (1) year term, the Client will be entitled to a refund for all but one of the full months remaining after notice given by the25th of the preceding month.
Any payment not received within fourteen (14) days of the invoice date, will incur a late payment fee of $10.00. Customer also shall pay to Eastcoast I.T. all expenses incurred by Eastcoast I.T. in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable Solicitors fees and the fees of any collection agency retained by Eastcoast I.T.
Client will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
If the Client chooses to register a domain name(s) through Eastcoast I.T., the Client acknowledges and agrees that they will pay a registration fee(s) to register the domain name(s).
Eastcoast I.T. does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Domain name registration fees must be paid up front. Eastcoast I. T. accepts no responsibility for domain names registered by another party prior to the Client paying any outstanding amount. Any other refunds will be only given at the discretion of the company management.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Eastcoast I.T. be liable to any third party for the Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. The Client agrees to defend, indemnify and hold harmless Eastcoast I.T. from any and all expenses, losses, liabilities, damages or third party claims resulting from the Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION and REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation. Sections 3 – 8 shall survive termination or expiration of this Agreement.
If Eastcoast I.T. suspends a virtual account for non-payment, the Client shall be allowed to re-instate the Client's use of the Services within Five (5) business days of cancellation upon approval from Eastcoast I.T. and full payment of balances due.
If a Client terminates their account, Eastcoast I.T. will disable the server/account the day the client specifies the account is cancelled. Eastcoast I.T. will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
The Client will pay and indemnify and hold Eastcoast I.T. harmless from any and all taxes associated with or arising from the Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE Eastcoast I.T. SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Eastcoast I.T. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Eastcoast I.T. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Eastcoast I.T. SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3)THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Eastcoast I.T. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Eastcoast I.T. SITE OR ANY Eastcoast I.T. PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT ORIN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Eastcoast I.T. CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500).
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication by email (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by email.
If to Eastcoast I.T.:
Eastcoast I.T. 50 Crole Drive Warragul VIC 3820
If to Client:
Name and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Eastcoast I.T. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.
This Agreement is made under and shall be governed by the laws of Australia, except with regard to its conflict of law rules. This Agreement and Eastcoast I.T.'s policies are subject to change by Eastcoast I.T. without notice. Continued usage of the Services after a change to this Agreement by Eastcoast I.T. or after a new policy is implemented and posted on the Eastcoast I.T. Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Eastcoast I.T. website at https://eastcoastit.net for any changes or additions.