Terms and Conditions

AGREEMENT FOR SERVICES ('Agreement')

THIS AGREEMENT for the provision of the Services by NET MAINTAIN (ABN 29 273 725 188), commences on the date the Client accepts the terms and conditions by either signing a hard copy of this Agreement or clicking on the 'Accept' button located at the end of this Agreement, whichever is sooner.

IT IS AGREED that, subject to the execution of this Agreement by the Client, NET MAINTAIN will provide the Services to the Client on the terms and conditions of this Agreement.

TERMS AND CONDITIONS

1. DEFINITIONS & INTEPRETATION

1.1 Terms capitalised throughout this Agreement have the meanings set out in Clause 21.1 of this Agreement.

1.2 This Agreement will be interpreted in accordance with the provisions of Clause 21.2 of this Agreement.

2. PROVISION OF SERVICES

2.1 In consideration of the payment by the Client of the Charges, NET MAINTAIN will provide the Services to the Client during the Term.

2.2 The Client acknowledges that it has independently determined that the Services to be supplied by NET MAINTAIN will meet the Client's requirements.

3. CHARGES AND PAYMENT

3.1 The Client will pay the Charges for the provision of the Services at the rate and in the manner specified on the NET MAINTAIN Web Site or as otherwise agreed between the parties in writing.

3.2 The Charges will be based on prices specified in the price list located on the NET MAINTAIN Web Site and current from time to time.

3.3 In the event that:

(a) NET MAINTAIN is required to perform the Services in circumstances other than those expressly or reasonably anticipated; or

(b) there is a change in the timing or complexity of the Services;

and such circumstances are not the result of a breach of this Agreement by NET MAINTAIN, then NET MAINTAIN will notify the Client of any additional fees payable by the Client as a result of such changes.

3.4 Payment of the Charges will be due before commencement of the Services unless otherwise agreed by NET MAINTAIN in writing.

3.5 NET MAINTAIN reserves the right to charge the Client interest on any outstanding amounts under this Agreement.

3.6 Where the Services include domain name registration:

(a) NET MAINTAIN will raise an invoice for payment to the appropriate naming authority for the hosting of that name specifying the date by which payment by the Client must be made; and

(b) failure for any reason by the Client to make payment before the specified date will entitle NET MAINTAIN to release the Client's domain name without any liability for loss suffered by the Client howsoever arising.

4. MONITORING OF BANDWIDTH

4.1 The Client's subscription to the Services covers permitted bandwidth (monthly transfer limit) as stated on the Client's Customer Information Sheet.

4.2 NET MAINTAIN reserves the right to:

(a) monitor the Client's monthly bandwidth usage;

(b) implement restrictions on available bandwidth in order to protect all Services using NET MAINTAIN's Servers from time to time when necessary; and

(c) make additional charges for usage above the limit at the prevailing rate as stated on the NET MAINTAIN Web Site.

5. DOMAIN NAME REGISTRATION

5.1 The Client is responsible for checking the accuracy and correct spelling of the Client's domain name and its ownership entitlement as identified on NET MAINTAIN documents sent to the Client and will notify NET MAINTAIN within 24 hours of any corrections required.

5.2 Upon registration of the Client's domain name, the Client shall at all times comply with the terms and conditions for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the Client may become subject as a result of the provision of the Services by NET MAINTAIN.

5.3 The Client agrees to indemnify NET MAINTAIN, its employees and agents and shall hold them harmless from and against all loss, penalties, damages, liability, claims or expenses whatsoever arising from any claims by third parties as to ownership or other rights to use a domain name where one has been registered by or transferred to NET MAINTAIN or arising in any way by the Client infringing (whether innocently or knowingly) third party rights.

6. UNAUTHORISED USE BY CLIENT

6.1 NET MAINTAIN enforces 'Good Netiquette' practice and all Clients using Services and facilities offered by NET MAINTAIN are obliged to comply with this Code of Practice and NET MAINTAIN' Acceptable Use Policy annexed to this Agreement.

6.2 The Client must comply with any directions regarding the Services given to the Client from time to time by NET MAINTAIN, including, but not limited to procedures imposed from time to time to prevent unauthorised use of or access to the Services.

6.3 The Client must not engage in or otherwise permit, any unauthorised use of NET MAINTAIN facilities or Services by the Client, its employees, contractors, customers or third parties and in particular, the Client must not:

(a) permit any third party to use or to access any of the Services for any purpose without the prior written consent of NET MAINTAIN;

(b) serve information in the form of text or graphics from NET MAINTAIN Servers which may:

(i) directly or indirectly lead to a contravention of any law; or

(ii) bring NET MAINTAIN into disrepute or call into question any action taken by NET MAINTAIN on the Client's behalf;

(c) use the NET MAINTAIN Servers to either send bulk unsolicited e-mail, or append a domain name or e-mail address which has its mx record or DNS pointing to the NET MAINTAIN Servers to such bulk unsolicited e-mail; or

(d) use or attempt to use protocols, procedures or scripts which in the unfettered opinion of NET MAINTAIN have the effect of degrading or the potential to degrade the Services and facilities offered by NET MAINTAIN.

6.4 The Client agrees to immediately inform NET MAINTAIN if it becomes aware of any unauthorised use of all or any of the Services by any person.

7. SUSPENSION OF SERVICES

7.1 NET MAINTAIN may suspend access to the Services:

(a) to preserve data and integrity;

(b) if there is a security breach; or

(c) if there is a malfunction in the Services.

7.2 NET MAINTAIN reserves the right to terminate or suspend the Services to the Client indefinitely and without refund or compensation in the event that:

(a) the Services are used, or appear to NET MAINTAIN to be intended to be used, by a Client or a customer of the Client in a manner deemed inappropriate by NET MAINTAIN;

(b) the provision of the Services is likely to expose NET MAINTAIN to any liability as a result of a breach of any law or any third party rights; or

(c) the Client otherwise breaches this Agreement.

7.3 Suspension of Services by NET MAINTAIN will continue until the problem or breach is rectified or until otherwise agreed.

7.4 NET MAINTAIN will not be liable to the Client, its employees, contractors, customers or agents as a result of taking the action referred to in this Clause 7 where such action is taken on a view which is formed on a reasonable basis by NET MAINTAIN.

8. LOSS OF DATA

8.1 NET MAINTAIN will take all reasonable steps to safeguard the NET MAINTAIN Servers and the data contained therein, however NET MAINTAIN will not be responsible for any loss of Client data stored or intended to be stored on the NET MAINTAIN Servers or back-up devices and the Client will not be entitled to any form of compensation from NET MAINTAIN in the event of loss of data.

9. INTERRUPTIONS TO SERVICE

9.1 NET MAINTAIN takes no responsibility for any delay, malfunction, non performance, or other degradation of performance of any of the Services caused by or resulting from any alteration, modifications or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied.

9.2 In the event of total systems failure resulting in the disruption of service to the Internet from NET MAINTAIN Servers, NET MAINTAIN will endeavour to repair and reinstate the service within 24 hours of detection depending on the severity of the failure.

9.3 If failure is caused by the Client or any agent or customer of the Client to whom access to NET MAINTAIN Servers was given, the Client shall pay all costs to reinstate and/or repair the Client server.

10. CLIENT DELIVERABLES

10.1 The Client will provide NET MAINTAIN with the Client Deliverables in accordance with the time frames agreed between the parties.

10.2 NET MAINTAIN will not be responsible for any deficiency or alleged deficiency in the Services which is attributable to:

(a) incorrect information provided by the Client; or

(b) failure by the Client to provide the Client Deliverables or other relevant information.

10.3 The Client will have no remedy against NET MAINTAIN in relation to any delay or failure to complete the Services, where such delay or failure is the direct or indirect result of any act or omission of the Client or a breach by the Client of this Agreement.

11. INDEMNITY

11.1 The Client warrants that:

(a) it owns, or has a licence to use the Intellectual Property Rights in any Client Deliverables provided to NET MAINTAIN, including any trade marks;

(b) NET MAINTAIN's provision of Services to the Client will not infringe any third party's Intellectual Property Rights.

11.2 The Client indemnifies NET MAINTAIN against all expenses, losses, damages and costs (on a solicitor and own basis and whether incurred by or awarded against NET MAINTAIN) which NET MAINTAIN may sustain or incur as a result, whether directly or indirectly, of:

(a) any breach of this Agreement or the warranties contained herein by the Client including, but not limited to, a breach, in respect of which NET MAINTAIN exercises an express right to terminate this Agreement; and

(b) any claim by any person arising out of a breach of any of the warranties contained in Clause 11.1.

12. IMPLIED TERMS

12.1 Subject to Clause 12.2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.

12.2 In the event that a condition or warranty cannot be excluded by law, the liability of NET MAINTAIN for any breach of such condition or warranty will be limited, at the option of NET MAINTAIN, to:

(a) the supplying of the Services again; or

(b) the payment of the cost of having the Services supplied again.

13. LIMITATION OF LIABILITY

13.1 NET MAINTAIN will be under no liability to the Client, or any customers of the Client, in respect of any loss of profits or data, consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of:

(a) goods or Services supplied pursuant to this Agreement;

(b) failure or omission on the part of NET MAINTAIN to comply with its obligations under this Agreement; or

(c) supply of Client Deliverables by the Client which are incomplete, inaccurate, illegible, out of sequence, in the wrong form or arising from late arrival or non-arrival or any other fault by the Client.

13.2 The Client warrants that it has not relied on any representation made by NET MAINTAIN which has not been stated expressly in this Agreement.

13.3 The Client will at all times indemnify and hold harmless NET MAINTAIN and its officers, employees and agents ('those indemnified') from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:

(a) a breach by the Client of its obligations under this Agreement; or

(b) any wilful, unlawful or negligent act or omission of the Client.

14. CONFIDENTIAL INFORMATION

14.1 Each party will use the Confidential Information of the other party only for the purposes of this Agreement.

14.2 Neither party to this agreement will disclose to any third party (other than its employees or contractors in their capacities are such) any Confidential Information of the other party which information is not lawfully in the public domain.

14.3 Any lawfully required disclosure of Confidential Information to any governmental or other controlling body will be limited to essential information only and, if possible, made subject to a confidentiality order.

15. TERM

15.1 Subject to Clause 16.3, the term will commence on the first day that the Services are made available to the Client and continue for 12 months ('Initial Term').

15.2 Following the expiry of the Initial Term, this Agreement will automatically renew for subsequent annual terms ('Subsequent Terms') unless:

(a) NET MAINTAIN determines, at its discretion, that a Subsequent Term will not be offered to the Client and notifies the Client of this prior to commencement of that Subsequent Term; or

(b) the Agreement is earlier terminated by either party pursuant to Clause 16 .

16. TERMINATION

16.1 The Client may elect not to continue to receive the Services for longer than the Initial Term by providing NET MAINTAIN with written notice to that effect at least 30 days prior to the expiry of the Initial Term.

16.2 The Client may elect to terminate the Services prior to the end of the Initial Term by giving notice in writing to NET MAINTAIN. Should this occur no reimbursement for Services shall apply to any annual Charges or Domain Name registration fees.

16.3 Either party may terminate this Agreement with immediate effect by giving notice to the other party if:

(a) the other party breaches any of its obligations under this Agreement and fails to remedy that breach within 14 days after receiving notice requiring it to do so; or

(b) any event referred to in Clause 16.4 occurs.

16.4 Each party will notify the other immediately if:

(a) it ceases to carry on business;

(b) it disposes of the whole or any part of its assets, operations or business other than in the ordinary course of business;

(c) any step is taken to enter into any arrangement between that party and its creditors;

(d) any step is taken by a mortgagee to enter into possession or dispose of the whole or any part of its assets or business; or

(e) any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator or other like person of the whole or any part of its assets or business.

16.5 Termination of this Agreement will not affect the accrued rights or remedies of either party.

17. FORCE MAJEURE

17.1 Neither party will be in default under this Agreement by reason of its delay in performance of or failure to perform any of its obligations, if such delay or failure is caused by declaration of war, strikes, Acts of God or the public enemy, riots, interference by civil or military authorities, compliance with Governmental laws, rules and regulations, delays in transit or delivery, inability to secure necessary governmental priorities or any fault beyond its control and without its fault or negligence.

18. DISPUTES

18.1 In the event of any dispute between the parties arising out of or in connection with this Agreement ('Dispute'), the parties will use their best endeavours to settle such dispute amicably by negotiation after issuing a 'Dispute Notice' indicating that there is a serious dispute to be resolved.

18.2 If the Dispute cannot be settled within 21 days of issuance of the Dispute Notice, the parties will attempt to settle the Dispute by mediation in Sydney, New South Wales to be conducted by a mediator independent of the parties or, failing agreement, by a person appointed by the Chair of LEADR or his or her nominee.

18.3 If the Dispute is not settled pursuant to Clause 18.2, then any party involved in the Dispute may, within 28 days of the Dispute Notice, give notice ('Arbitration Notice') to the other party requiring that the Dispute be dealt with pursuant to Clause 18.4.

18.4 If the Dispute is not resolved through the procedures set out above, it will be referred to a single arbitrator if the parties agree upon one, or otherwise to two arbitrators to be appointed by the parties in accordance with the provisions of the Commercial Arbitration Act 1984 (NSW) or any statute replacing, extending or modifying the same.

18.5 An award of the arbitrator will be binding on the parties and may be entered in any Court having competent jurisdiction.

19. GENERAL

19.1 Severance

If any part of this Agreement is deemed unenforceable then:

(a) if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; or

(b) in any other case the provision is severed,

then the rest of this Agreement will continue to be legal and enforceable.

19.2 Waiver

The failure of a party at any time to insist on performance of any obligation under this Agreement of the other party is not a waiver of its right:

(a) to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and

(b) at any other time to insist on performance of that or any other obligation of the other party under this Agreement.

19.3 Notices

(a) Each party notifying or giving notice under this Agreement will do so:

(i) in writing;

(ii) addressed to the address of the recipient; and

(iii) hand delivered or sent by prepaid post to that address or sent by e-mail or facsimile transmission to the other party's e-mail address or facsimile number.

(b) A notice given in accordance with Clause 19.3(a) is deemed received:

(i) if hand delivered, on the date of delivery;

(ii) if sent by prepaid post, 4 days after the date of posting within Australia and 7 days after the date of posting outside Australia; and

(iii) if sent by facsimile transmission, on the day the transmission is sent (but only if the sender has a confirmation report specifying a facsimile number of the recipient, the number of pages sent and the date of transmission).

19.4 Sub-Contracting

NET MAINTAIN may sub-contract the performance of any of the Services but will remain primarily responsible for the performance of its obligations under this Agreement.

19.5 Entire Agreement

This Agreement forms the entire agreement between the parties in respect of the subject matter of this Agreement.

20. GOVERNING LAW

This Agreement is governed by the laws of the State of Western Australia.

21. DEFINITIONS AND INTERPRETATIONS

21.1 In this Agreement, the following terms will have the following meanings:

'Acceptable Use Policy' means the policy governing acceptable use of the NET MAINTAIN Services annexed this Agreement as updated from time to time and posted on the NET MAINTAIN Web Site;

'Agreement' means this agreement, including the Acceptable Use Policy, governing the provision of the Services by NET MAINTAIN to the Client as may be varied from time to time by the parties in writing;

'Charges' means the amount payable for provision of the Services as prior agreed between the parties in writing;

'Client' means the party who has entered into this Agreement for Services with NET MAINTAIN;

'Client Deliverables' means all information and materials to be provided by the Client to NET MAINTAIN under the terms and conditions of this Agreement as agreed between the parties or as otherwise provided by the Client to NET MAINTAIN from time to time;

'Confidential Information' of a party means all information disclosed by a party to the other party and nominated as confidential (including, but not limited to, confidential information in machine readable form) but does not include information which is already in the public domain;

'GST' means any goods or services tax, charge, impost or duty payable in respect of this Agreement or the supply of any goods or services made under or in respect of this Agreement;

'NET MAINTAIN Servers' refers to all Software Processing Units belonging to NET MAINTAIN or it's agents that are connected to the Internet;

'NET MAINTAIN Web Site' means the web site maintained by NET MAINTAIN and located at http://www.netmaintain.com.au or any other URL notified by NET MAINTAIN to the Client from time to time;

'Intellectual Property Rights' means all intellectual property rights including, but not limited to:

(a) patents, copyright, circuit layout rights, designs, trade marks ; and

(b) any application or right to apply for any of the rights referred to in paragraph (a);

'Internet' means the world wide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and file transfer protocol;

'Services' means those Services which the Client and NET MAINTAIN agree in writing are to be provided to the Client by NET MAINTAIN in accordance with the package descriptions and payment details set out on the NET MAINTAIN Web Site;

'Term' means the term described in Clause 15.

21.2 In this Agreement:

(a) clause headings have been inserted for convenience only and will not be taken into account in interpreting the Agreement;

(b) words importing the singular will include the plural and vice versa;

(c) words importing natural persons will include firms and corporate bodies or other legal persons and vice versa;

(d) reference to a party to this Agreement includes reference to that party's successors and assigns.

ANNEXURE A

ACCEPTABLE USE POLICY

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Clients ("subscribers") obtain information through the Internet, they must keep in mind that NET MAINTAIN cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, subscribers must exercise their best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because NET MAINTAIN cannot monitor or censor the Internet, and will not attempt to do so, NET MAINTAIN cannot accept any responsibility for injury to subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminates information through the Internet, it must also keep in mind that NET MAINTAIN does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over NET MAINTAIN's network and may reach a large number of people, including both subscribers and non-subscribers of NET MAINTAIN, the user's postings to the Internet may affect other subscribers and may harm NET MAINTAIN's goodwill, business reputation, and operations. For these reasons, subscribers violate NET MAINTAIN's Acceptable Use Policy and the Agreement for Services when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward NET MAINTAIN, but also because it can overload NET MAINTAIN's network and disrupt service to NET MAINTAIN subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NET MAINTAIN has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the Intellectual Property Rights of others or engaging in activity that violates privacy, publicity, or other personal rights of others. NET MAINTAIN is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also NET MAINTAIN's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials

Using NET MAINTAIN's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. NET MAINTAIN is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through NET MAINTAIN's network.

Defamatory or Abusive Language

Using NET MAINTAIN's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks

Accessing illegally or without authorization computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this Acceptable Use Policy

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Other Illegal Activities

Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities

Engaging in activities, whether lawful or unlawful, that NET MAINTAIN determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. NET MAINTAIN will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with NET MAINTAIN policy or applicable law. When NET MAINTAIN becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

NET MAINTAIN is also aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching NET MAINTAIN's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. NET MAINTAIN does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. NET MAINTAIN has the right to directly take action against a customer of a subscriber. NET MAINTAIN may also take action against the NET MAINTAIN subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, NET MAINTAIN anticipates that subscribers who offer Internet services will co-operate with NET MAINTAIN in any corrective or preventive action that NET MAINTAIN deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NET MAINTAIN policy.

NET MAINTAIN is also concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, NET MAINTAIN urges its subscribers to assume that all of their on-line communications are insecure. NET MAINTAIN cannot take any responsibility for the security of information transmitted over NET MAINTAIN's facilities.

NET MAINTAIN will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. NET MAINTAIN may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, NET MAINTAIN may disclose information, including but not limited to information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. NET MAINTAIN assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. NET MAINTAIN may disclose subscriber information or information transmitted over its network where necessary to protect NET MAINTAIN and others from harm, or where such disclosure is necessary to the proper operation of the system.

NET MAINTAIN expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate NET MAINTAIN policy.

We hope this Acceptable Use Policy is helpful in clarifying the obligations of Internet users, including NET MAINTAIN and its subscribers, as responsible members of the Internet.

As a provider of web site hosting, NET MAINTAIN offers its Clients (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. NET MAINTAIN respects that the Internet provides a forum for free and open discussion and dissemination of information, however when there are competing interests at issue, NET MAINTAIN reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, NET MAINTAIN has developed this Acceptable Use Policy, which supplements and explains certain terms of each Client's Agreement for Services and is intended as a guide to the Client's rights and obligations when utilising NET MAINTAIN's services. This Acceptable Use Policy will be revised from time to time. A Client's use of NET MAINTAIN's Services after changes to the Acceptable Use Policy are posted on NET MAINTAIN's Web Site will constitute the Client's acceptance of any new or additional terms of the Acceptable Use Policy that result from those changes.

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