2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither Avant Marketing nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. Avant Marketing reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Avant Marketing. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of Avant Marketing.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of this Site, except as allowed by Section 4.3 and Section 5, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
4.2 Copyright of Content Provided by the Customer for Web Design Projects
The Customer guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Avant Marketing for inclusion in a Web Design Project are owned by the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Avant Marketing and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Customer.
4.3 Copyright of Web Projects Delivered to the Customer
Avant Marketing grants non-exclusive ownership of the design of the ecommerce website shop "frontend" produced by Avant Marketing. The customer reserves the right to change or modify the design for use on their own website. We reserve the right to continue using the design for other web development projects as we see fit. The source code or “backend” is provided to the customer under a GNU License. Avant Marketing retains the right to display screenshots and other Web design elements as examples of their work in their respective portfolios. Avant Marketing also reserves the right to place a credit link on the bottom of the produced website eg “Ecommerce Websites by Avant Marketing” or similar. Removal of this link will require a once off $50 AUD payment.
5. Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from this Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution unless otherwise stated).
By becoming a customer of Avant Marketing, you confirm that the information provided to us is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your services can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by us in our sole discretion. If your services have been revoked, we reserve the right to refuse application or readmission to use any of our services.
7. External Links
External links may be provided for your convenience, but they are beyond the control of Avant Marketing and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
8. Public Forums and User Submissions
Avant Marketing is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Avant Marketing. We reserve the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
8.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
8.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
8.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Avant Marketing's and/or a third party's computer system and/or network;
9.4 violate any copyright, trade mark, other applicable Australian or International laws or intellectual property rights of Avant Marketing or any other third party;
8.5 submit contents containing marketing or promotional material which is intended to solicit business.
9. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Avant Marketing against any loss, liability, damage or expense of whatever nature which Avant Marketing or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Avant Marketing makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
11. Disclaimer of Liability.
Avant Marketing shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither Avant Marketing nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
12. Use of the Website.
Avant Marketing does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Australia ). By accessing the website, you warrant and represent to Avant Marketing that you are legally entitled to do so and to make use of information made available via the website.
13.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and Avant Marketing in relation to your use of the website. Neither you nor Avant Marketing shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Avant Marketing in respect of your use of the website.
Avant Marketing may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or Avant Marketing may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
13.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of New South Wales Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
13.8 Comments or Questions.
1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
All services provided by Avant Marketing may only be used for lawful purposes. The laws of the State of NSW, and Australia apply.
The customer agrees to indemnify and hold harmless Avant Marketing from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact us.
Examples of unacceptable material on our web hosting servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Using a web hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via spam may not be hosted on our servers. This provision includes, but is not limited to spam sent via fax, email, instant messaging, message boards or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Avant Marketing reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Avant Marketing reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Avant Marketing.
4.) Payment Information
You agree to supply appropriate payment for the services received from Avant Marketing, in advance of the time period during which such services are provided. You agree that until and unless you notify Avant Marketing of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be sent via email or the contact form on our site. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. After an account has been cancelled, it is your responsibility to cancel any PayPal subscriptions associated with that account that may still be active.
As a client of Avant Marketing, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Avant Marketing provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact us.
Avant Marketing reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Avant Marketing is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Avant Marketing servers.
6.) Cancellations and Refunds
Avant Marketing reserves the right to cancel the account at any time with or without notice if the customer violates the terms of service.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via email or the contact forms on our site.
Refunds will only be granted if the ecommerce website fails to perform the functions stated in thefeatures section of this website and if we are unable to fix the issue.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on our hosting servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
The use of more than 50,000 inodes on any web hosting account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
Each of Avant Marketing's monthly and yearly web hosting packages come with a 14 day money back guarantee. If you are not completely satisfied with our web hosting services within the first 14 days of your service, you will be given a full refund of the contract amount. Refunds do not apply to ecommerce website packages, web site design, administrative fees, install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your web hosting server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Avant Marketing dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact us with justification. All requests must be made in writing via email.
You may not resell your web hosting account to other people without our permission.
11.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on avantmarketing.com.au, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Avant Marketing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors's fees asserted against Avant Marketing, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Avant Marketing against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Avant Marketing; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Avant Marketing's server.
By using any of Avant Marketing services, you agree to submit to binding arbitration. If any disputes or claims arise against Avant Marketing or its subsidiaries, such disputes will be handled by an arbitrator of Avant Marketing's choice. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
Avant Marketing shall not be responsible for any damages your business may suffer. Avant Marketing makes no warranties of any kind, expressed or implied for services we provide. Avant Marketing disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Avant Marketing, its Affiliates and its employees.
15.) Disclosure to law enforcement
Avant Marketing may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
16.) Changes to the Terms of Service
Avant Marketing reserves the right to revise its policies at any time without notice.