Terms of Service

Our Terms of Service, in Plain, Straightforward English.

Preamble

GCom, GCom Internet, GCom Hosting, GCom Cable Free Wireless, GCom Gigabyte Me ADSL, GCom I Like it Both Ways DSL and GComSat are products of Graaf Computer Systems Pty. Ltd.

Within this document, reference to any of the above entities or products shall be accepted as interchangeable terms, representing the one ultimate commercial entity.

Accounts

All accounts will be payable at the commencement of service provision and thereafter before or as prepayments are exhausted. Apart from exceptions solely at the discretion of GCom Internet, all invoices, receipts and general communications will be forwarded by email. Upon receipt by the Client of an invoice or other demand forwarded by GCom Internet, prepayment of an amount sufficient to bring the account into a credit balance equal to at least one periodic or minimum unit fee will be required. GCom Internet will issue a receipt by email for all payments received from the Client.

For reasons of both security and avoidance of duplicative accounting handling, all invoicing and receipting documentation will be provided only to the primary account holder. A single, administrative and billing email point of contact is required for each hosting account. It is the Client's responsibility to keep GCom Internet advised of any changes to the administrative and billing contact email address.

Unpaid accounts will be subject to suspension. Suspended accounts will be reactivated only after full payment is received for all amounts outstanding.

Because a sizeable component of our services for overseas clients includes goods or services which are delivered, made available, removed from, imported into, installed or assembled in Australia, we are liable to pay 1/11 of all gross revenue to the Australian Taxation Office under the Goods and Services Tax (GST) legislation. Accordingly, all invoices for both Australian and non Australian residents include a 10% GST component.

The Client agrees that from time to time GCom Internet will send electronic and/or physical mailouts to the Client.

Refunds and Cancellations

Notification of an account cancellation or modification must be provided by the Client by email to GCom Internet. The Client may cancel or modify their account at any time, but cancellation and modification requests must be received by email at least seven days prior to the next invoice date of the account to be effective at the end of the current invoice period of the account. Cancellation and modification requests received later than seven days prior to the next invoice date of the account will be effective at the end of the next invoice period of the account, and no refunds will be provided for partial or reduced usage prior to the end of the next invoice period of the account. GCom Internet will issue a pro rata refund from the effective date of cancellation of an account to the date for which a prepayment has already been received. Under no circumstances will a refund be provided to the Client by GCom Internet for any period for which service has already been provided or for the currently invoiced period. If the Client has a balance due at the effective date of cancellation of the account, the balance remains payable as account cancellation does not absolve the Client's existing financial obligations.

Indemnification

The Client agrees to use all GCom Internet services and facilities at its own risk. To the maximum extent permissible by law, GCom Internet specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event, to the maximum extent permissible by law, shall GCom Internet be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. The Client agrees that it shall defend, indemnify, save and hold GCom Internet harmless from any and all demands, liabilities, losses, costs and claims, including but not limited to legal fees asserted against GCom Internet, its officers, its employees, its agents and its customers that may arise or result directly or indirectly from any product or service provided or performed or agreed to be provided or performed.

Email and Spam

GCom Internet takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over its network, or over any other network on behalf of any domain hosted or associated with GCom Internet's web, email or DNS hosting services. Very simply, this means that Clients of GCom Internet may not use or permit others to use its network to transact in UCE, and may not use or permit others to use any external network to transact in UCE on behalf of any domain hosted or associated with GCom Internet's web, email or DNS hosting services. The Client may not host, or permit hosting of, sites or information advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Upon detection or notification of an alleged violation of the spam policy, GCom Internet will initiate an immediate investigation. During the investigation, GCom Internet may restrict the Client's access to the network to prevent further violations. If the Client is found to be in violation of the spam policy, GCom Internet may, at its sole discretion, restrict, suspend or terminate the Client's account. All service fees continue to accumulate while an account is suspended. Further, GCom Internet reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. GCom Internet will notify law enforcement officials if the violation is believed to be a criminal offence.

Clients who violate this policy agree that they will pay research fees not to exceed AU$110 per hour for each hour or part thereof which GCom Internet personnel must spend in investigating the matter. Severe violations of this policy will result in the immediate termination of the Client's account and may incur an administrative fee of up to AU$1500.

We consider UCE or spam to be any email message for which a spam complaint is raised by a message recipient, or a valid SMTP rejection or bounce message is recieved, and where the Client cannot produce proof of double opting in on the part of that recipient.

Quite simply, to avoid any problems or costs, do not spam from, through, or in connection with your GCom Internet account.

The Client may not use any service provided by GCom Internet as a point of email origin for anything other than low-level email despatch which is not associated in any way with mailing lists.

If you have any complaints or comments regarding spam on our network, please direct them via email to .

Content and Use

All services provided by GCom Internet may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian or USA law is prohibited. This includes, but is not limited to, copyrighted material, trademark, intellectual property, material judged to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The Client agrees to indemnify and hold harmless GCom Internet from any claims resulting from the use of the service which damages the Client or any other party. GCom Internet will be the sole arbiter in determining violations of this provision.

Pornography and related merchandising is prohibited on all GCom Internet servers. This includes sites that may imply pornographic content, or links to pornographic content elsewhere. GCom Internet will be the sole arbiter in determining violations of this provision.

All services provided by GCom Internet are provided solely for the use of the Client directly. Except in the case of reseller accounts, no onselling, leasing or sharing of services, whether or not for profit, is permitted. GCom Internet will be the sole arbiter in determining violations of this provision.

Server Abuse

For the benefit of all Clients and to maintain a quality service, GCom Internet reserves the right to suspend any account without any notice if that account is found to be affecting the quality of service for other users. In such an instance it is the Client's responsibility to contact GCom Internet to formulate a strategy to allow the account to be reactivated. All service fees continue to accumulate while an account is suspended. GCom Internet will be the sole arbiter in determining violations of this provision.

Staff Abuse

Abuse of staff by the Client will not be tolerated via any method of communication or under any circumstances. GCom Internet reserves the right to terminate service to the Client as a result of such abuse. GCom Internet will be the sole arbiter in determining violations of this provision.

Backups

In general, full server backups are made and retained on daily, weekly, and monthly cycles. However, absolutely no guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made only for server restoration purposes in the case of large scale data loss occurring on a server for any reason including but not limited to hardware failure, software failure, server hacking and general data vandalism. The primary purpose of these backups is to protect system and application files related to GCom Internet's server operations. Please take note that it is solely the Client's responsibility to maintain local copies of its digital content.

The Client acknowledges and agrees that data may be lost or corrupted in connection with the use of the service and acknowledges that GCom Internet shall have no liability to the Client in the event that any or all data is lost or destroyed.

Support

GCom Internet provides support for technical and server related matters only, and should not be regarded as a general support service.

It is the Client's responsibility to have, or obtain, a good working knowledge of Internet related tools and procedures. GCom Internet provides technical support related directly to its own services only and should not be regarded as a general support service.

We do not provide support for issues related to the sending of email via third party SMTP servers.

GCom Internet provides support only to its own direct Clients. For reasons of both security and avoidance of duplicative support handling, no support will be provided to any third party.

On all occasions, without exception, Client support requests must intially be raised by email to . In the unlikely event that GCom Internet is unable to provide an adequate answer by email, the Client will be invited to telephone or visit GCom Internet's offices to discuss the issue more fully. Support requests raised by telephone or front counter contact will not be entertained.

Additional

GCom Internet reserves the right to refuse service to anyone for any reason not prohibited by law.

GCom Internet reserves the right to terminate service to any Client for any reason not prohibited by law.

GCom Internet reserves the right to modify this document and these policies at any time.

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