HotWeb.com.au - Terms and Conditions.

HotWeb Hosting is operated by Ozequip Pty Ltd a company registered in the Northern Territory. ABN 40 102 596 154. Address 2/25 Lindsay St, Darwin NT 0800.

Your access to and use of HotWeb.com.au and services made available via HotWeb.com.au, including all online services such as WebHosting, Domain Names and Online Ordering of ("Services") is subject to these terms, the HotWeb.com.au Privacy Statement, the HotWeb.com.au Copyright and any other terms contained on this web site ("Terms and Conditions"), whether or not you become a member of HotWeb.com.au.
Access to HotWeb.com.au and the Services will be via a security credential, which could include a username and password, a digital certificate or other secure technology, (" Customer ID ").

1 You Must
1.a - We offer you the ability to access personal information and web services using the Customer ID under these Terms and Conditions, on the condition that you only do so for the exclusive purpose of accessing personal information and web services of yourself, employer as authorised by employer or business. In entering into the Terms and Conditions, you are undertaking to use HotWeb.com.au and its Services in a responsible manner in accordance with these Terms of Conditions.
1.b - If you are under 18 years of age, you must first obtain consent from either your parent or guardian prior to using HotWeb.com.au or its Services. If you are an employee of a company or other entity, you must be able and authorised to enter into these Terms and Conditions on behalf of your employer (the "Company") and you must use the Customer ID exclusively to access information and services from HotWeb.com.au that relates to the Company.
1.c - You acknowledge the Customer ID is issued to you for the purposes of your access to HotWeb.com.au and its services. Any other uses of your Customer ID or otherwise is strictly prohibited. You and/or your Company are solely responsible for all instructions or requests authorised using your Customer ID. Ozequip Pty Ltd ( HotWeb.com.au) is entitled to rely on your Customer ID as conclusive evidence of your identity and authority without further investigation. You and/or your Company are solely responsible for any loss or damage caused by the use of your Customer ID by you or any other person.

2 You Must Not
2.a - Use HotWeb.com.au or its services for any activities such as post, transmit any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes, or any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying HotWeb.com.au Products and Services.
2.b - Use HotWeb.com.au and its Services to send unsolicited electronic mail messages ( STRICTLY NO SPAM ) ;
2.c - Make fraudulent enquiries, bookings, purchases or requests using HotWeb.com.au.
2.d - Use another's name, username or password without permission.
2.e - Post, or transmit via HotWeb.com.au and its Services, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
2.f - Tamper with or hinder the operation of HotWeb.com.au or its Services or with other clients.
2.g - Knowingly transmit any destructive material or virus or any other disabling feature to EasyHosting and its Services.
2.h - Attempt any of the above acts or permit another person to do so on any of the above acts.


3 Third Party Content
3.a - Some of the products and services offered for sale or advertised is provided by third parties.
3.b - The third party products and/or services are provided but are not endorsed by us and your legal relationship is with the third party supplier.
3.c - We cannot guarantee the accuracy or completeness of the information, quality or service of the third party supplier.
You should check with the third party supplier whether there are additional charges and/or services that may apply.
3.d - You acknowledge and give consent to us receiving fees and/or commissions from third parties for services or products made available on HotWeb.com.au.

4 Products and Services - Subject to change
4.a - All service and products prices supplied at HotWeb.com.au are subject to change without notice.

5 HotWeb.com.au Email Policy
5.a - We may delete any mail message sent to you or by you if:
- (1) the size of the message (including attachments) exceeds 5MB;
- (2) the size of the message (including attachments) when multiplied by the number of recipients of the message exceeds 4MB;
- (3) all of your undeleted messages (including attachments) exceed 5MB.
If we delete mail messages, we are not obliged to notify you or the sender of the message.
5.b - We may delete your e-mail box and reassign your username to another person if you do not use or have stopped using our services for a period of 14 days.
5.c - You are responsible for all equipment and/or software used to access our services.
5.d - We may need to send you some important messages about our service and may use your email account to message you.
5.e - Without limiting the grounds on which we may terminate your access to HotWeb.com.au and its Services under these Terms and Conditions, we may terminate your access to our messaging service by giving you 24 hours notice.

6 Security
6.a - For security reasons we may require you to re-authenticate using your password and username.
We are not responsible for any information you may lose or damage or otherwise if the HotWeb.com.au and its services servers terminate your browser session due to prolonged periods of inactivity between your browser and the HotWeb.com.au or the Services servers.
6.b - You must comply with all directions issued by Ozequip Pty Ltd pertaining to use of your Customer ID and access to HotWeb.com.au or the Services. You (or your Company) will be responsible for providing the computer, hardware, software and all other equipment necessary to access the Internet and you must not send or disclose your Customer ID to any other person or entity or store it in a manner that would reasonably allow another person or entity to obtain access to the Customer ID, except as specified in clause 6.3 below. If you choose to use a workplace email address to access the Services, you are responsible for ensuring that such use complies with any rules, policies or protocols that apply to the use of the Internet in your workplace.
6.c - You must not keep your Customer ID in any form, whether encoded or unencoded, in a location where it is capable of being copied or used by any person or disclose your Customer ID to any other person, other than:
- (1) yourself, in the case of a Member who is acting as an individual on behalf of themselves; or
- (2) another employee of your Company, in the case of a Member who is acting as an authorised representative of a Company, provided that such other employee agrees to be bound by these Terms of Conditions, and in all cases, you must keep any computer on which the Customer ID is stored physically secure and take all necessary precautions (including, without limitation, when downloading and running third party programs off the Internet) to protect any computer from viruses or programs which might make the Customer ID on the computer accessible to third parties.
6.d - You must immediately notify Ozequip Pty Ltd if you become aware:
- (1) that your Customer ID has been compromised or is known to a third party; or
- (2) of any unauthorised use of your Customer ID; so we can take steps within Ozequip Pty Ltd control to deactivate the Customer ID and issue you with a new Customer ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under this agreement.
6.e - HotWeb.com.au does not guarantee:
- (1) the security of the Online Services or any systems (including the Internet and the Customer's hardware and software) used in accessing the Online Services, or any information passed through such systems; or,
- (2) access to the Ozequip Pty Ltd Online Services or any systems used in accessing the Ozequip Pty Ltd Online Services will be continuous or virus or error free.

7 Privacy
You acknowledge that under these Terms and Conditions, Ozequip Pty Ltd may provide personal information about you as part of the Services that is the subject of privacy laws. As a result, you must not disclose or permit the disclosure of your Customer ID to any other person as this may result in your privacy being breached. You further acknowledge that Ozequip Pty Ltd is entitled to assume that all use of your Customer ID is by you, unless and until Ozequip Pty Ltd receives notification from you of a compromise of your Customer ID and has a reasonable time to deactivate your Customer ID. Ozequip Pty Ltd will comply with its Privacy Statement located on HotWeb.com.au in dealing with any information associated with your use of the Services. You must not breach or permit a breach of any other person's privacy in using the Services, including without limitation using another person's Customer ID.

8 Customer Communications
You acknowledge that where the Services require Ozequip Pty Ltd to email you, the following will apply (and if you use online billing, the provisions set out in section 9 below will also apply):
8.a - Ozequip Pty Ltd will address and send emails to you to the email address provided by you;
8.b - You are solely responsible for ensuring that your contact details for the Services are current (including email address), your email service is operational and that you check your emails regularly;
8.c - You must notify Ozequip Pty Ltd of any changes to your Services details using the online method provided by Ozequip Pty Ltd as soon as possible;
8.d - If Ozequip Pty Ltd sends an email to your current email address as listed in your Services contact details, you are deemed to have received that email and Ozequip Pty Ltd is not obliged to take any further action to confirm that you have received, opened and/or read the email unless you promptly notify Ozequip Pty Ltd and demonstrate that the email was not delivered to your email address; and
8.e - If Ozequip Pty Ltd receives an automated email non-delivery notification indicating you have not received the email that Ozequip Pty Ltd has sent you containing or regarding an order for a Service, Ozequip Pty Ltd will use reasonable endeavors to attempt to contact you using the other contact details that you submitted in your Services contact details, including non-electronic means, but does not guarantee that Ozequip Pty Ltd will be able to contact you. For the avoidance of doubt, Ozequip Pty Ltd will not attempt to contact you via alternate means if HotWeb.com.au receives an automated email non-delivery advice on a bill email notification sent by Ozequip Pty Ltd to you pursuant to section 9 below.

9 Online Bills
9.a - If you register for Ozequip Pty Ltd online billing service, on or after the 1 June 2002, you will receive both a paper bill in the mail and an online bill via the Ozequip Pty Ltd Online Billing & Payment web site for the first 4 months after registration with Ozequip Pty Ltd Online Billing.
9.b - After the first 4 months of registration with Ozequip Pty Ltd Online Billing, you agree that your applicable Ozequip Pty Ltd bills will only be issued and delivered by Ozequip Pty Ltd to you when your online bill is made available on the Ozequip Pty Ltd Online Billing & Payment web site and that no paper bill will be delivered to you, unless and until you request a posted bill.
9.c - You can request that Ozequip Pty Ltd mail you a paper copy of specific bill, or elect to revert back to receiving paper bills via the post as well as your online bill, by accessing the Ozequip Pty Ltd Online Billing & Payment web site and changing your account options in accordance with the instructions.
9.d - It is your sole responsibility to regularly check the Ozequip Pty Ltd Online Billing & Payment web site for your delivered Ozequip Pty Ltd bills online, which will generally be sent in accordance with normal billing cycles.
9.e - While Ozequip Pty Ltd is not obliged to notify you when a new bill is made available on the Ozequip Pty Ltd Online Billing & Payment web site, as a courtesy, Ozequip Pty Ltd will attempt to send you an email notification reminding you that your bill is available for viewing online. Please note that Ozequip Pty Ltd will not confirm whether you receive this notification email, so it is your sole responsibility to contact Ozequip Pty Ltd if you do not receive bill notification emails.
9.f - Once your bill is delivered to the Ozequip Pty Ltd Online Billing & Payment web site, your bill is payable by you by the due date specified in the bill, whether or not you receive, open or read any emails from Ozequip Pty Ltd regarding online billing and whether or not you access or view your bill on the Ozequip Pty Ltd Online Billing & Payment web site.

10 Indemnity
10.a - You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of HotWeb.com.au or the Services by you or someone using your name and password.

11 Disclaimer and limitation of liability
11.a - To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through the use of HotWeb.com.au or the Services, any failure to provide HotWeb.com.au or the Services, including a messaging service, or in connection with any products, services or information supplied, offered to be supplied or advertised via HotWeb.com.au or the Services.
11.b - To the extent permitted by law, all warranties, conditions and representations about HotWeb.com.au or the Services, the availability of HotWeb.com.au or the Services for access and use, the products and services advertised, offered to be supplied or supplied via HotWeb.com.au or the Services and the information provided on HotWeb.com.au or the Services are excluded. If a term is implied by law into these Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms and Conditions. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.
11.c - You acknowledge that you have not relied on any representation made by Ozequip Pty Ltd which has not been stated expressly in these Terms and Conditions. Ozequip Pty Ltd may change these Terms and Conditions and any other information relating to the Services, including prices, at any time and your subsequent use of your Customer ID will be governed by the varied Terms of Use. Without limiting Ozequip Pty Ltd ability to give notice by any other means, the Customer will be deemed to have:
- (1) received adequate notice of such changes where Ozequip Pty Ltd places a notice on the Ozequip Pty Ltd Online Services website setting out such changes; and
- (2) agreed to such changes the next time they use their Customer ID after publication of the relevant notice on the Ozequip Pty Ltd Online Services website.

12 Use of your information and material
12.a - When you send us any feedback, suggestions, ideas or other materials in relation to or via HotWeb.com.au or the Services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

13 Goods and Services Tax
13.a - If GST is imposed on any supply made by us through HotWeb.com.au or the Services, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms and Conditions. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

14 Changes
14.a - We may vary any of these Terms and Conditions at any time and any other information relating to the Services, at any time and your subsequent use of the Customer ID will be governed by the varied Terms and Conditions. Without limiting Ozequip Pty Ltd ability to give notice by any other means, you will be deemed to have:
- (1) received adequate notice of such changes where Ozequip Pty Ltd places a notice on HotWeb.com.au web site advising that these Terms and Conditions have been changed; and
- (2) accepted the changes to these Terms and Conditions and agreed to be bound by the revised Terms and Conditions if you continue to use the Customer ID to access the Services after the date that notification of changes on the HotWeb.com.au web site is posted.

15 Termination
15.a - If, in Ozequip Pty Ltd reasonable opinion, you breach any of these Terms and Conditions, we may suspend, terminate or limit your access to HotWeb.com.au or the Services and terminate the Terms and Conditions effective immediately. We reserve the right to cancel your Customer ID at any time without notice and/or to discontinue one or more of the Services at any time for any reason. Any withdrawal by Ozequip Pty Ltd of the Services will not affect the validity or operation of any contract governing the supply of goods and/or services acquired by means of the Services.

16. General Matters
16.a - This agreement is governed by the law in force in the Northern Territory, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of the Northern Territory, Australia and courts of appeal from them for determining any dispute concerning this agreement.
16.b - If any of these Terms and Conditions are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
16.c - If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.
16.d - You may not assign or transfer your rights or benefits under these Terms and Conditions to any other person or entity without the prior written consent of Ozequip Pty Ltd.