Web hosting terms and conditions

1. Definitions

"Customer" the person or organisation purchasing the Services.
"Registrant" includes the person applying for a domain name.
"Registry" refers to the relevant domain names Registry.
"Services" means domain name registration, website hosting, email and any other service or facility provided by Cyanide to the Customer.
"Server" means the computer server equipment operated by Cyanide in connection with the provision of the Services.
"Website" means the area on the Server allocated by Cyanide to the Customer for use by the Customer as a site on the Internet.
"cyanide or Cyanide" refers to Cyanide Pty Ltd.

2. Service Availability

2.1 The Customer agrees that Cyanide may, without reason, suspend the Services at any time and for any reason, generally without notice. Cyanide will use its best endeavours to notify the Customer of any extended outage or suspension.
2.2 The Customer will not sell, transfer, licence, assign or otherwise create any legal or equitable rights or interests in any third party whatsoever, in relation to the Cyanide account of the Customer.
2.3 Any breach of clause 2.2 by a Customer will constitute a material breach and repudiation of this agreement by the Customer. Upon such breach, Cyanide shall have the right to cancel the account, terminate the Services and/or this agreement immediately without further notice to the Customer. Upon such an event, all monies owed by the Customer to Cyanide shall immediately become due and owing within Cyanide’s normal trading terms of 14 days.

3. Content Ownership

3.1 The Customer assumes sole responsibility for obtaining any and all necessary licenses, consents, authorizations and approvals to enable it to lawfully use any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of any proposed domain name or other intellectual property rights being used by the Customer.
3.2 All information and data stored on any server by the Customer or its agents is the property of the Customer. Cyanide claims no ownership and assumes no responsibility whatsoever over, in or in respect of, any Customer information or data.
3.3 Cyanide will use its best endeavours to ensure that Customer information remains confidential in accordance with the Cyanide Privacy Policy.
3.4 The Customer agrees that Cyanide may access Customer information and data at any time and for any reason.

4. Indemnity

4.1 The Customer agrees to indemnify and hold harmless Cyanide and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement, including from the use by the Customer of any intellectual property rights of any third party and the registration or use of domain names by the Customer.

5. Termination

5.1 Cyanide may suspend or terminate access to the Services without notice to the Customer if the Customer account becomes overdue. Cyanide will not be responsible for any loss or damage to the Customer or any other party as a result of such suspension or termination.
5.2 Cyanide may request the Customer to rectify any breach of this agreement. If the Customer fails to rectify any such breach within 30 days from the issuing of such a request by Cyanide, Cyanide is entitled to treat the Customer as having committed a material breach and repudiated their obligations under this agreement and to terminate the agreement without further notice. Upon such a termination of this Agreement, all monies owing by the Customer to Cyanide will immediately become due and payable.
5.3 In the event of a suspension and/or a termination of the Services by Cyanide the Customer agrees that Cyanide shall be entitled to:
(a) block the Customer website; and
(b) remove all data and or information located on it.
5.4 Cyanide shall retain the sole discretion as to whether any data and/or information removed is:
(a) immediately deleted from existence in its entirety; or
(b) held for such period to enable the Customer, at its expense and subject to payment of all monies owing to Cyanide, to collect the data and or information.
5.5 In the event of a termination or suspension, Cyanide may post such notice in respect of the non-availability of the Customer website as it deems fit.

6. Limitation of Liability

6.1 The Customer will not, under any circumstances, seek to hold Cyanide responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:
(a) loss of profits arising out of, or in connection with, this agreement;
(b) use, misuse, suspension and or loss of any Customer domain registrations;
(c) interruption to the business and operations of the Customer;
(d) access delays or interruptions to any website accessed by registered domain name of the Customer;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
(f) events beyond the control of Cyanide; and or
(g) processing of an application for domain name registration;
6.2 Cyanide shall not, under any circumstances, be liable or responsible for any acts, omissions or errors, whether negligent or otherwise by a Registry administrator or any other third party arising out of or related to, any domain name application, including the receipt of, or failure to receive, a domain name registration by the Customer or any third party.
6.3 In the event, Cyanide is held liable for any loss or damage whatsoever and howsoever arising under this agreement, the parties agree that, as a precise pre-estimate of damage cannot be properly ascertained, for the purpose of determining liquidated damages, the maximum aggregate liability of Cyanide to the Customer shall not exceed the total amount paid by the Customer to Cyanide for:
(a) domain name registrations; and
(b) hosting services applying to any relevant domain name registered to the Customer.

7. Notices

7.1 The Customer acknowledges that all rules and regulations which apply to domain name registration must be strictly construed and applied. The Customer accepts sole responsibility for ensuring compliance with all relevant laws, rules and regulations in this respect.
7.2 The Customer agrees that it is solely liable for ensuring that all Customer details on registered domain records remain current. Cyanide will not be held liable for any loss or damage arising from interruption to Services that occur as a result of Customer non-compliance with the matters referred to in clause 8.1, including obsolete contact details.
7.3 The Customer shall remain solely responsible for renewing a domain name. The Customer will not hold Cyanide liable for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name by the Customer.
7.4 Cyanide will not reimburse or otherwise compensate the Customer for payments made by the Customer to third parties for domain name renewals.
7.5 Cyanide hosting support times are between 9:00 am and 5:00 pm Monday to Friday, Australian Eastern Standard Time.
7.6 Cyanide standard support includes ensuring that the Server is online whenever reasonably possible and that domains hosted by Cyanide are visible on the Internet.
7.7 If Cyanide has been informed of illegal content stored under the Customer's domain name/user web, it will immediately request the Customer remove the data forthwith. If compliance with this notice is not achieved within 24 hours, Cyanide will be entitled to immediately terminate this agreement in accordance with clause 6.

8. Cancellations

8.1 If the Customer wishes to cancel their service with Cyanide, they must do so in writing, providing Cyanide with 30 days notice. Refunds will only be processed at the discretion of Cyanide.
8.2 Upon receipt of a cancellation notice or otherwise upon the expiry or termination of this agreement Cyanide will be entitled to delete and not retain any records, data, programs or other content of the Customer.

9. Complaints

The Customer may lodge a complaint under this agreement to Cyanide by phone or email: complaints@cyanide.com.au.

10. Law

This agreement shall be governed by and construed in accordance with Victorian law, and the parties hereto hereby submit to the non-exclusive jurisdiction of Victorian courts.

11. Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this agreement.

12. Agreement

12.1 The Customer has not relied on any representation by Cyanide other than those expressly stated in this agreement.
12.2 Prior to entering into this agreement, the Customer represents and warrants to Cyanide that the Customer has read, understood and agrees to be bound in full by the Cyanide General Terms and Conditions.