Premium Email and Premium WebMail, Promoter, Collaborator and Dedicated Server Hosting purchase agreement

Terms and Conditions

Date: July 2007

These are the standard terms and conditions of supply of the Melbourne IT Premium Email and WebMail, Promoter, Collaborator and Dedicated Server services ("Services") offered from time to time on Melbourne IT's web site at http://www.melbourneit.com.au/ ("Melbourne IT Web Site").

Please read these terms and conditions carefully. It is a condition of your use of the Services that you ("you") comply with these terms and conditions.

1. Terms and Amendment Procedure

1.1 This agreement comprises, in order of priority, highest to lowest:

1.1.1 the terms and conditions of this agreement;

1.1.2 any additional terms which apply to the products or services you acquire (which follow these Terms and Conditions);

1.1.3 our Acceptable Use Policy;

1.1.4 our operational procedures for use of the Service; and

1.1.5 our Privacy Policy.

1.2 This agreement commences on the date upon which Melbourne IT confirms to you by email or any other written medium that a Service has been commenced or activated ("Commencement Date").

1.3 Melbourne IT may change these terms and conditions either by obtaining your consent or giving you notice. The period of notice given by Melbourne IT depends on the nature of the change. If:

1.3.1 the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;

1.3.2 the change is required by law, a regulatory body or for a technical reason (including for security), we will give you a reasonable period of notice not exceeding 3 days;

1.3.3 we consider that the change has a significant and detrimental impact on our customers generally, we will give you at least 30 days notice prior to the change, and

1.3.4 for all other changes, we will also give you at least 30 days notice prior to the change.

Melbourne IT may give notice of a change by posting the new version of the Agreement on its website located at

1.4 If you use a Service after publication of any change in accordance with clause 1.3, your use will constitute acceptance of the amended terms.

1.5 These terms constitute the agreement in its entirety and supersede all prior agreements.

1.6 Any reference in this agreement to Melbourne IT's "supplier" is a reference to any third party service provider of Melbourne IT (a "Supplier"), if and to the extent a Supplier is supplying any part of the Services to you on behalf of Melbourne IT. You acknowledge and agree that Melbourne IT may supply the services through any Melbourne IT Group company and this agreement is for the benefit of that company.

2. Services

2.1 The Services shall be provided to you from the Commencement Date for the period specified in the Proposal, or, for such extended period agreed from time to time by you and Melbourne IT in writing ("Service Period").

2.2 We will assign the Customer a logon name ("VS number") and password which will provide you with access to the Mission Control panel (which is used by you to configure various features of your web site/email service). We will provide the Customer with Web and Email Services as per the hosting level or product(s) you have selected in the Mission Control panel.

2.3 We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the service to be offline for more than 30 minutes we will post details of the scheduled maintenance to the Web Host System News at least 48 hours in advance of the maintenance.

2.4 We may need to perform unscheduled maintenance. If unscheduled maintenance requires the Service to be offline for more than 30 minutes, we will post details of the event to the Web Host System News after the maintenance has been completed.

2.5 We will archive your data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your Service web site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Customer data recovered from our backups.

2.6 You agree to Melbourne IT's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.

2.7 The Service is currently provided by Melbourne IT from its group data centres located in Australia. Melbourne IT will determine in its absolute discretion from time to time the data centre location from which your Service is provided. Melbourne IT reserves the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide support for the legacy operating system, or if the server from which the service is provided fails or, in Melbourne IT's opinion becomes unreliable. Melbourne IT will use reasonable endeavours to notify you via the contact details in our database but does not take any responsibility for web site failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.

2.8 In contracting with Melbourne IT for Services, the Customer obtains no rights to the hardware and other infrastructure and facilities used by Melbourne IT to deliver the Service.

3. Billing and Payment

3.1 You must pay for the Services in accordance with the prices and charges published on the Melbourne IT Web Site (as applicable, and as amended from time to time in accordance with clause 1.3). If you have chosen a yearly contract for your Service, your account will be automatically rolled over for a further yearly contract at the end of the term. You must give us notice before the end of the term if you wish to cancel or alter your Service. If you elect to pay your fees on a yearly basis, and fail to make payment within 30 days of invoice, you will not be entitled to receive the yearly fee discount.

3.2 You must pay all prices and charges for the Services and other amounts incurred by you or any designated users or incurred as a result of any use of the Services (whether authorised or not) in accordance with the billing provisions specified on the Melbourne IT Web Site.

3.3 Prices and charges published on Melbourne IT's Web Site are inclusive of any government taxes or charges unless otherwise stated and exclusive of any registration or delegation charges imposed by domain name authorities. You must pay all Service charges, traffic and/or storage charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and in advance. In addition you must provide and pay for:

• the installation and use of telephone lines and all other equipment needed to access the Service; and
• all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.

3.4 You consent to Melbourne IT or its Supplier obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by Melbourne IT of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.

3.5 Where a billing option does not specify otherwise, all Service charges are payable within 14 days of the date of invoice (whether online or paper invoice). Unless otherwise stated, all fees are payable in advance and non-refundable.

3.6 If we have invoiced you in arrears for any Services, and you fail to pay the charges in any invoice by the due date specified in any applicable billing provisions (as referred to in clause 3.2 above) or the invoice ("Unpaid Charges"), in addition to any other rights under this agreement, Melbourne IT may charge you interest and you agree to pay, on demand by Melbourne IT, interest on the Unpaid Charges at the Applicable Rate from the date the Unpaid Charges became due until those Unpaid Charges are paid to Melbourne IT in full. For the purposes of this clause, "Applicable Rate" means the Reserve Bank's Official Cash Rate (as published in the Australian Financial review at the time the Unpaid Charges become due)

3.7 You agree that in the event of any action being taken by Melbourne IT to recover any overdue amount due to it under this agreement or the Proposal, as evidenced for example by, without limitation, your credit card company notifying Melbourne IT of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed, any costs incurred by Melbourne IT in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Melbourne IT) are payable by you to Melbourne IT and shall be recoverable by Melbourne IT as a separate debt.

3.8 No credit terms are given to credit card accounts. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges.

4. Your Warranties

4.1 You warrant that:

4.1.1 if you are not the Customer, you have the power and authority to enter into this agreement on behalf of the Customer and will indemnify Melbourne IT for any breach of this agreement by the Customer;

4.1.2 you have not entered into this agreement or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either Melbourne IT or its Supplier concerning this agreement or any of the Services, other than any statement or representation contained in this agreement;

4.1.3 you are at least 18 years of age;

4.1.4 you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not in any way, corrupt the data or systems of any person;

4.1.5 you will keep secure any passwords used with the Service;

4.1.6 you hold and will continue to hold the copyright in the Customer Data or that you are licensed and will continue to be licensed to use the Customer Data; and

4.1.7 Your use of the Services contemplated under this Agreement complies with all relevant policies of third parties, regulations and laws and does not infringe the intellectual property or any other rights of any third party.

4.2 You are solely responsible for dealing with persons who access the Customer Data, and must not refer complaints or inquiries in relation to such data to us.

4.3 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:

• your breach of these terms;
• your use or misuse of the Service;
• the use or misuse of the Service by any person using your account; and,
• publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your service.

4.4 If your use of our Services involves storage, processing or transmission of or access to any credit cardholder data, you warrant that the tools, programmes, processes and technologies you use to do so comply with the Payment Card Industry Data Security Standard ("PCI Standard"). You indemnify Melbourne IT and its Supplier for any loss, damage, costs, claims and expenses which Melbourne IT may incur flowing from your breach of this warranty. If you breach this warranty, Melbourne IT may terminate this agreement immediately upon written notice to you (which may be delivered by email to the person identified in Mission Control as your authorised contact, or by logged job), and without prejudice to any other rights it may have under this agreement or at law.

5. Our General Disclaimer of Warranties

5.1 To the extent permitted by law, neither Melbourne IT nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") of either Melbourne IT or the Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

5.2 Melbourne IT agrees to use all reasonable efforts to provide the Services to you. However, you acknowledge to, and agree with, Melbourne IT, that nothing in this agreement shall constitute an express or implied warranty or guarantee by any Relevant Party of either Melbourne IT or its Supplier:

5.2.1 that the Services will be uninterrupted or error free;

5.2.2 that the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Melbourne IT or its Supplier;

5.2.3 concerning the results or success that may be obtained from the use of the Services;

5.2.4 concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with any products and/or services that you may determine to offer for supply, or supply via your web site, the Internet or otherwise ("Your Products and Services"));

5.2.5 as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by Melbourne IT or its Supplier in any advice, report or communication to you or any other party;

5.2.8 concerning any market conditions (whether favourable or not) that may be in existence at the Commencement Date will continue; and/or

5.2.9 that the provision of the Services generally, or any software utilised by Melbourne IT to provide the Services, will not be subject to, or result in, either errors and/or delays.

5.4 Without limiting the above, you acknowledge that Melbourne IT's Services may require Melbourne IT to use, interface with or input information into Supplier's systems and you agree that Melbourne IT has no liability to the extent that the Supplier is unable to provide its services to you.

6. Indemnity

You will indemnify and defend Melbourne IT and its Supplier and all directors, officers, employees, and agents of Melbourne IT and its Supplier (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:

6.1 Melbourne IT's or its Supplier's role as your agent (and any action or inaction by Melbourne IT as part of that role); and/or

6.2 any breach of this agreement by you; and/or

6.3 the use of the Services by you.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.

7. Limitation of Liability

7.1 You agree that neither Melbourne IT nor its Supplier shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Melbourne IT or its Supplier (as the case may be) has been advised of the possibility of such damages.

7.2 Subject to clause 7.1, you further agree that the aggregate liability of Melbourne IT and its Supplier for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) shall not exceed AU$10.

7.3 You agree that where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of Melbourne IT and its Supplier for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.

7.4 We acknowledge that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Melbourne IT and its Supplier (and the liability of any director, officer, employee, agent, affiliate, content provider or service provider of Melbourne IT and its Supplier) shall be limited to the greatest extent permitted by applicable law.

8. Intellectual Property

8.1 You acknowledge that all right, title and interest in any and all:

8.1.1 technology, including the software;

8.1.2 any documentation and material that is part of or provided with the Services; and

8.1.3 any know-how, trademarks or service marks of Melbourne IT or its Supplier,

(collectively, "Our Intellectual Property") is vested in Melbourne IT, its Supplier and/or the licensors of Melbourne IT or its Supplier (as the context requires).

8.2 Unless otherwise specifically provided in this agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property.

8.3 You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so.

8.4 Unless otherwise specifically permitted by this agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Melbourne IT and/or its Supplier (as the context requires); provided, however, that nothing in this clause 8.4 shall preclude you from using Our Intellectual Property as incorporated in the Services. This clause 8.4 shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which you may now have or hereafter acquire in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to you.

9. Confidential Information

You acknowledge that, in the course of the performance of this agreement, you may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of Melbourne IT or its Supplier ("Confidential Information"). You agree to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this agreement. Upon request of Melbourne IT or on termination or expiration of this agreement, you shall return the Confidential Information of Melbourne IT or its Supplier then in your possession to Melbourne IT or its Supplier. Nothing in this agreement shall prohibit or limit your use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in your possession, as evidenced by your records; (c) is disclosed to you without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by you without any breach of this agreement; (e) is the subject of a written permission to disclose provided by Melbourne IT and/or its Supplier (as the context requires); or (f) is required by law to be disclosed.

10. AUP and Privacy Policy

10.1 You agree to comply with Melbourne IT's Acceptable Use Policy located at http://www.melbourneit.com.au/policies/acceptableusepolicy.php, as varied from time to time ("AUP"). If we receive notice of, or otherwise become aware that you have failed to comply with any provision of this AUP, in addition to any other rights of Melbourne IT under this agreement, you agree that Melbourne IT or its Supplier may immediately take corrective action, including suspension of any and all Services, or, in the case of Melbourne IT, terminating this agreement. In the event that any such corrective action due to a violation of the AUP occurs, Melbourne IT shall not refund to you any fees paid to Melbourne IT prior to such corrective action.

10.2 You agree to comply with Melbourne IT's Privacy Policy located at http://www.melbourneit.com.au/privacy/, as varied from time to time ("Privacy Policy").

10.3 You agree that Melbourne IT may disclose your account and other information in accordance with the AUP and Privacy Policy.

11. Force Majeure

Neither Melbourne IT nor its Supplier shall be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

12. Suspension or Termination of this agreement

12.1 We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:

• during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or
• if you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service, until the breach (if capable of remedy) is remedied.
• Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

12.2 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require:

• payment in full of all outstanding amounts; and
• payment of a reactivation fee.

12.3 Melbourne IT reserves the right to refuse to supply services to a potential customer who has previously had its account with Melbourne IT terminated for breach. In this clause, "potential customer" includes:

• (if the potential customer is a corporation) its Related Entity or Related Party (as those phrases are defined in the Corporations Law); and
• (if the potential customer is an individual) any corporation in which the potential customer was at the relevant time an officer or shareholder, or a Related Party of a shareholder.

12.4 Melbourne IT may without notice to you remove, amend or alter your data upon being made aware of:

• any claim or allegation; or
• any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.

12.5 We may end our agreement with you and cease providing Services for any reason, on 30 days written notice to you. You may close your account with Melbourne IT on 30 days written notice to Melbourne IT.

12.6 If your account is closed you must pay all outstanding charges immediately and we may delete all Customer Data from any storage media.

12.7 We are under no obligation to provide you with a copy of the Customer Data if we have suspended or terminated your access to the Service for your breach. If we provide you with a copy of Customer Data, we are entitled to charge a fee for service.

13. Customer licence

The Customer grants to Melbourne IT and its Supplier a license to use and reproduce all Customer Data in order to fulfil its obligations under this agreement. In this agreement "Customer Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Customer's web sites or emails.

14. Miscellaneous

14.1 You may not resell Services or assign your rights and obligations under this agreement without our prior written consent.

14.2 If you subscribe to the Premium Email and Premium WebMail levels and do not activate your mailboxes within 30 days of your subscription to the PremiumEmail or Premium WebMail level Melbourne IT may terminate your account upon 14 days notice. If Melbourne IT so terminates your Premium EMail level account, any POP email accounts created by you under that Premium EMail level account will also be terminated and you will lose any data stored therein.

14.3 The law in force in Victoria, Australia governs this agreement and the transactions contemplated by this agreement.

14.4 In the event it is necessary for Melbourne IT to enforce its rights under this agreement, you agree to pay all fees incurred by Melbourne IT (including, but not limited to, legal fees and collection agency fees)

14.5 This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this agreement without the prior written consent of Melbourne IT.

14.6 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.

14.7 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

Specific Additional Terms

The following specific additional terms apply to the products indicated below.

Domain Name Registration

Registration of domain names as part of the Services is subject to the relevant domain name terms and conditions located on http://www.melbourneit.com.au/policies

Premium Email & Premium WebMail

• To utilise Premium Email, or Premium WebMail your email does not have to be currently hosted by Melbourne IT. Migration of your existing mail can also be arranged.
• The full monthly charge for each Premium Email or Premium WebMail mailbox created will be incurred for the whole or part of your billing month in which the product is enabled.
• Excess storage is calculated at company level, based on the combined total of the average daily storage usage of each Premium Email or Premium WebMail mailbox and the Public Folder (if applicable) under the account across the given month. Excess storage is charged at $0.099 per MB per month.
• The effective data storage rate for the 100MB Storage Add-On is $0.05 per MB per month.
• Devices and GPRS plan costs are not included with this product. You are responsible for the selection, maintenance and support for your mobile device and GPRS plan to which you connect to this service. Synchronisation via your mobile device with the version of Microsoft Outlook installed on your PC is only available to customers with MAPI access (ie. those customers using Premium Email only).

Dedicated Server Hosting

If you purchase Dedicated Server (Services), these additional terms will apply.

1. Product Features

1.1 We will provide you with separate IP addresses which will revert to Melbourne IT when this agreement is terminated.

1.2 Dedicated Server cannot be resold by you as shared services.

1.3 You acknowledge that Melbourne IT will not provide any reports in respect of the Dedicated Server Services.

1.4 Melbourne IT gives no warranty and makes no representation about the applications or other functionality able to be supported by the Dedicated Server Services. You agree that you will make your own enquiries and satisfy yourself as to the suitability of the Dedicated Server Services for your purposes.

1.5 We will perform backup of a specified directory notified to you. Without limiting the Standard Terms & Conditions, we take no responsibility for failure to backup any files that you have not included in that directory.

2. Security

2.1 It is your responsibility to maintain the security for the Dedicated Server Services including patching for any exploits or vulnerabilities.

2.2 We reserve the right to access the server used to supply the Dedicated Server Services without notice to you in order to apply urgent hotfix patching to prevent damage reasonably anticipated as likely to be caused to our systems and operations if such a patch is not immediately applied.

2.3 We will not be liable to you for any interruption of service or loss of data or functionality in such circumstances provided that we have acted with reasonable care.

3. Support Services

3.1 You are responsible for the care and maintenance of your operating system. Melbourne IT will provide additional support services on a consultancy basis. at our standard rates (listed in Mission Control or on request). Additional support services must be requested by you via logged job. You will be invoiced upon completion of each service request.

3.2 You can vary the scope of a service request during its life, by logged job. If you do so, we are not responsible for any impact on the deliverables and the timetable set out in the service request. You agree to pay any additional costs we incur as a result of the variation.

3.3 In performing each service request we will follow generally accepted industry standards and practices in carrying out the services. We warrant that the services will be provided with due skill and care but we do not warrant that they will meet a certain standard, or will be suitable and fit for your purposes.

3.4 If we are not able to carry out a service request because of an event beyond our reasonable control, you can seek to have your needs met through others without incurring any liability under this agreement.

3.5 You agree to provide to us, within the timeframe reasonably required by us, access to: your premises; employees and contractors; source code and object code; data and databases; legacy systems; and documents, as we reasonably require in order to carry out the services. We are not responsible for any loss suffered by you if you do not provide us with this access, and we will be entitled to stop work if your failure to provide access means that we cannot reasonably complete the work you have asked us to do in the service request. If we stop work under this clause before completing the work, you will still be obliged to pay us the full fee for the work as agreed in the service request.

3.6 We retain ownership of any bug fixes, workarounds, patches, beta fixes and builds, and other software that we make available in the course of providing the services and only give you a license to use them. You must use any of the software in accordance with:

• The end user license agreement or other license agreement governing the product for which the software is provided; or
• The end user license agreement packaged with the software or any terms expressly set out in writing by us; or
• The following restrictions if no license agreement is packaged with the software:
• The software may not be reverse engineered, de-compiled or disassembled to the extent this restriction is permitted by law; and
• The software may not be loaned, leased, sold, sublicensed or otherwise distributed to another user; and
• To the maximum extent permitted by law the software is provided 'as-is' without warranty of any kind; and
• We may terminate your use of the software if you do not comply with these restrictions.
• The advice we may give you in performing the service request is personal to you and is not to be shared with others unless with our prior written agreement.
• You give us permission to use your technical identification in a non-identifying format for problem resolution, internal troubleshooting, product functionality enhancements and fixes, and in any descriptions of problems or solutions to problems, which we record in our systems. We will not identify you or publish your confidential information in any item we record in our systems.

oYou and we remain free to develop products independently without the use of the other's confidential information. Neither of us will be required to restrict the future work assignments of people who have had access to confidential information. These people are free to use the information they remember related to information technology, including ideas, concepts, know-how or techniques, so long as they do not disclose confidential information of the other party in violation of this agreement. This use does not give any rights under the other's copyrights or patents; or require payment of royalties or a separate license.

Promoter

• A 10MB storage limit applies to the use of the File and Image Manager. Once your file and image storage space exceeds the allocated limit, an additional fee of $0.099 per extra MB per month is charged.
• You must comply with applicable privacy and spam legislation, and our Acceptable Use Policy regarding the sending of bulk email.

Collaborator

• The Monthly Payment option is a month-by-month contract, which can be terminated on one month's notice.
• The Collaborator (SharePoint) requires Internet Explorer 5.01 with Service Pack 2 or higher or Netscape Navigator 6.2 or higher. Certain Microsoft ® Office integration option functions require Office 2003 or Office 2007. There is no integration with Office XP.
• Pricing of this service excludes any domain name registration.
• If your Collaborator (SharePoint) site's data transfer exceeds the allocated amount per month, an additional fee of $0.077 per extra MB per month is charged.
• The server space that is included with this plan is calculated by adding the monthly average of your web site storage and the monthly average of storage of all your mailboxes under this account.

Dedicated Server Hosting

1. Product Features

1.1 We will provide you with separate IP addresses which will revert to Melbourne IT when this agreement is terminated.

1.2 The Dedicated Server services cannot be resold by you as shared services.

1.3 You acknowledge that Melbourne IT will not provide any reports, service levels or backups in respect of the Dedicated Server services.

1.4 Melbourne IT gives no warranty and makes no representation about the applications or other functionality able to be supported by the Dedicated Server. You agree that you will make your own enquiries and satisfy yourself as to the suitability of the Dedicated Server for your purposes.

1.5 Provisioning time of '10 seconds' is a target only and is subject to availability of hardware, loading on our mail servers and demand for the product. During high demand periods, provisioning time could be delayed by up to 5 business days.

2. Security

2.1 It is your responsibility to maintain the security for the Dedicated Server services including patching for any exploits or vulnerabilities.

2.2 We reserve the right to access the server used to supply the Dedicated Server without notice to you in order to apply urgent hotfix patching to prevent damage reasonably anticipated as likely to be caused to our systems and operations if such a patch is not immediately applied. As the Dedicated Server services are customer managed, you may incur a patching fee if Melbourne IT undertakes patching of those servers under this clause, charged at our list price at the relevant time.

2.3 We will not be liable to you for any interruption of service or loss of data or functionality in such circumstances provided that we have acted with reasonable care.

3. Support Services

3.1 You are responsible for the care and maintenance of your operating system. Melbourne IT will provide additional support services on a consultancy basis at our standard rates (listed in Mission Control or on request). Additional support services must be requested by you via logged job. You will be invoiced upon completion of each service request.

3.2 You can vary the scope of a service request during its life, by logged job. If you do so, we are not responsible for any impact on the deliverables and the timetable set out in the service request. You agree to pay any additional costs we incur as a result of the variation.

3.3 In performing each service request we will follow generally accepted industry standards and practices in carrying out the services. We warrant that the services will be provided with due skill and care but we do not warrant that they will meet a certain standard, or will be suitable and fit for your purposes.

3.4 If we are not able to carry out a service request because of an event beyond our reasonable control, you can seek to have your needs met through others without incurring any liability under this agreement.

3.5 You agree to provide to us, within the timeframe reasonably required by us, access to: your premises; employees and contractors; source code and object code; data and databases; legacy systems; and documents, as we reasonably require in order to carry out the services. We are not responsible for any loss suffered by you if you do not provide us with this access, and we will be entitled to stop work if your failure to provide access means that we cannot reasonably complete the work you have asked us to do in the service request. If we stop work under this clause before completing the work, you will still be obliged to pay us the full fee for the work as agreed in the service request.

3.6 We retain ownership of any bug fixes, workarounds, patches, beta fixes and builds, and other software that we make available in the course of providing the services and only give you a license to use them. You must use any of the software in accordance with:

(a)The end user license agreement or other license agreement governing the product for which the software is provided; or

(b)The end user license agreement packaged with the software or any terms expressly set out in writing by us; or

(c)The following restrictions if no license agreement is packaged with the software:

(i)The software may not be reverse engineered, de-compiled or disassembled to the extent this restriction is permitted by law; and

(ii)The software may not be loaned, leased, sold, sublicensed or otherwise distributed to another user; and

(iii)To the maximum extent permitted by law the software is provided 'as-is' without warranty of any kind; and

(iv)We may terminate your use of the software if you do not comply with these restrictions.

3.7 The advice we may give you in performing the service request is personal to you and is not to be shared with others unless with our prior written agreement.

3.8 You give us permission to use your technical identification in a non-identifying format for problem resolution, internal troubleshooting, product functionality enhancements and fixes, and in any descriptions of problems or solutions to problems, which we record in our systems. We will not identify you or publish your confidential information in any item we record in our systems.

3.9 You and we remain free to develop products independently without the use of the other's confidential information. Neither of us will be required to restrict the future work assignments of people who have had access to confidential information. These people are free to use the information they remember related to information technology, including ideas, concepts, know-how or techniques, so long as they do not disclose confidential information of the other party in violation of this agreement. This use does not give any rights under the other's copyrights or patents; or require payment of royalties or a separate license.