TERMS OF SERVICE

Version 0.9 as of February 2019

  1. GENERAL PROVISIONS
    1. Introduction: These Terms of Service (the “Terms”) are an agreement between Fast Hit Pty Ltd trading as Raijin Networks ABN 86 104 635 994, its affiliates and their successors (“Raijin Networks”, “us” or “our”) and You (“you” or “your”).
    2. Applicability: These Terms sets forth the general terms and conditions of your purchase and use of our Products and Services provided by us through our website at raijinnetworks.com (collectively, the “Services”).
    3. Binding of Terms: By purchasing and/or using the Services, you agree to be bound by these Terms.
    4. User Obligations: These terms also apply to every user of the Service. It is a condition of your use of the Service that:
      1. you comply with these the terms and conditions stated within this document;
      2. you make every User aware of these Terms; and
      3. you ensure that every User complies with these Terms.
    5. Compliance to Terms: We may monitor your account and the conduct of the Service we provide to you (but we have no responsibility to do so) to determine whether you are complying with these Terms.
  2. ACCEPTANCE OF TERMS
    1. Eligible to Enter Legal Agreement: You confirm and agree that you have the capacity to enter into a legal agreement in the state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request Services from us unless your parent or guardian enters into these Terms on your behalf.
    2. Acceptance: PLEASE READ THESE TERMS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON OR CHECK BOX ON THE APPLICATION FORM FOR ANY SERVICE PROVIDED BY US, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND CONDITIONS NOTED WITHIN THESE TERMS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TERMS.
    3. Lawful Actions: You confirm and agree that your use of any service that it provides will not violate any applicable laws or regulations in the state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from us.
  3. OUR SERVICE OBLIGATIONS
    1. Services: The services that you request from us by means of the online order form on the Site or otherwise in writing and which we agree to provide subject to these Terms are the “Services”.
    2. Your Information: You confirm that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.
    3. Privacy: You have read our Privacy Policy and consent to the use of your personal information as described therein.
    4. Communications: We reserve the right to communicate with you regarding the Services and your use of the Site. You consent to our use of any contact information that you provide to us in doing so.
    5. Passwords: If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform us immediately.
    6. Changing Passwords: We may, at our discretion, change any username or password assigned by us to you, and we will notify you when it does so.
    7. Consumer Law Protections: We will comply with the warranties contained in the Australian Consumer Law to the extent that they apply to you.
  4. DESCRIPTION OF SERVICES
    1. GENERAL
      1. Description: For each package of web hosting and related services that we make available to its customers, we have prepared and published a specification (each a “Service Description”). The Service Descriptions are available on our Website.
      2. Changes to Services: We may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. We may also send any email notice of the change to its affected customers.
      3. Hosting Environment: We shall maintain and operate the hardware systems used to host your Service (including monitoring the servers used on 24/7 basis) and will use commercially reasonable efforts to ensure the ongoing operation of our hosting environment.
      4. Disk Space: We shall provide disk space for your Service.
        1. Your chosen Service may have a maximum set disk space.
        2. If your usage exceeds the maximum disk space allocated to you as part of your Service in any given month, your Service may be upgraded to a comparable Service that best represents your usage requirements.
        3. You will be informed prior to any upgrade of service by email to your nominated address.
        4. If your chosen Services provide for “Unlimited” Disk Space, other conditions apply, as follows:
          1. Selected Services are hosted in a shared environment, meaning that a number of customer’s websites are hosted within the same server arrangement. To ensure that our hosting is reliable and available to all customers on that arrangement, your website usage cannot adversely affect the performance of other sites
          2. We do not set size limits on the amount of space available for your website nor do we charge additional fees based on increased usage, so long as you operate within our Terms. We may implement constraints if your Disk Space exceeds common usage (to be determined at our discretion), for example (but not limited to) an increase of Disk Space use in a small period of time
          3. Other actions may be taken to ensure the integrity of the hosting environment from abuse of any “Unlimited” provisions.
        5. Our Services are intended for website only, not for data storage or backups. Using our Service primarily as an online storage space for storing electronic files (including databases) is strictly prohibited and in breach of these Terms
      5. Bandwidth: We will provide a connection linking your hosted website(s) to the Internet.
        1. Your chosen Service may have a maximum bandwidth allowance to use every calendar month.
        2. If your usage exceeds the maximum disk space allocated to you as part of your Service in any given month, your Service will be upgraded to a comparable Service that best represents your usage requirements.
        3. You will be informed prior to any upgrade of service by email to your nominated address.
        4. If your chosen Services provide for “Unlimited” Bandwidth, other conditions apply, as follows:
          1. We do not set limits on the amount of visitor traffic a website can receive or on the content you can upload to your website and there are no additional fees based on increased bandwidth, so long as you operate within our Terms.
          2. If we detect increased and excessive server processing power that begins to impact the performance of other site or our server environment, we may (at our discretion) implement constraints that limit traffic, server resources or access to your website.
      6. Remote Access: You will be given remote access to upload files for your Service provided that you do so in a manner consistent with these Terms.
      7. Routing: When we host a website on your behalf, we may route one or more domain names to that website. The exact number of domain names that we will route on your behalf will depend on your chosen Service. Check the applicable Service Description for more information.
      8. Backup: It is your responsibility to maintain local copies of their web content and information. We perform regular snapshots of all server data and daily incremental backup of all system and client data. We strongly recommend that you keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration and disaster recovery purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your Services.
      9. Maintenance: In order to keep our servers up to date we will perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes we will post a notice regarding the maintenance to our website and notification channels. Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.
      10. Performance: We will use reasonable efforts to ensure that the Hosting Services will be Available other than for “Scheduled Maintenance” at least 99.9% of the time, measured monthly. Any maintenance or other work performed on our infrastructure that takes place during the Maintenance Window or with at least 48 hours’ prior notice posted to the Site is “Scheduled Maintenance”.
      11. Cooperation: You understand and agree that it is important to coordinate your maintenance activities with ours, and you will not conduct any maintenance activities on your Content during any Maintenance Window without first obtaining written confirmation that we will not be performing any maintenance activities during that Maintenance Window.
    2. DOMAIN REGISTRATION
      1. Assistance with Registering Only: We may assist you to register one or more top-level or second-level domain names (the “Domain Name Registration”). For each such domain name registered, our involvement ends with the registration. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar Please note: you are also bound by the rights, responsibilities and policies set by ICANN (http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities) and AUDA (https://www.auda.org.au/policies/).
      2. Maintenance of Domain Names: You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. WE ARE NOT RESPONSIBLE FOR DOING SO. Please note that:
        1. Availability of Domain Names: We are not able to guarantee that a proposed domain name is available for registration or that a registrar will register it;
        2. Domain Registration Assistance: We will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so; and
        3. Inform of Domains: We may, but are not obligated to, inform you of any proposed or new top-level or second-level domains.
      3. Privacy Registration Service: Some registrars allow domain names to be registered without publishing the registrant’s name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration service to register the domain name, you are responsible for informing us in writing prior to the registration of the domain name that you wish to take advantage of the registrar’s privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not us.
      4. As is: Assistance with registering domain names and securing related privacy services is provided “as is” and without any warranties, representations or conditions whatsoever.
      5. Domain Redemption Fee: If your domain was registered with us and has expired, but you wish to recover the domain, we may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, a redemption fee is charged, which in turn will be passed on to you. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes. Only domains that have been registered with us can be re-registered after expiration of the domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain from the redemption period.
      6. Additional Services: Any additional services related to the Hosting Services or Domain Name Registration services that are requested by you and that we, in our sole discretion, provides (“Additional Services”) are deemed to be Services provided pursuant to these Terms, and they will be provided at our current rates.
    3. SUPPORT
      1. FAQs: We maintains a list of frequently asked questions and technical support articles relating to the Services on our website.
      2. Technical Support: If provided for in your Service Description, we will provide technical support relating to the Services via our help desk. The help desk aims to provide technical support during our stated opening times. Depending on the level of support provided by your Service, our help desk can be reached by: (i) telephone; (ii) email; and/or (iii) chat. The email address and the telephone number that you should use are set out on the Website.
      3. Assistance: We will use all commercially reasonable efforts to resolve each problem reported to our help desk and verifiable as being a problem or deficiency with the Hosting Services.
      4. Assistance Description: When you report a problem to our help desk, you will provide:
        1. any assistance reasonably necessary to allow us to verify and resolve that problem; and
        2. all information that you are reasonably able to provide with respect to any problem.
  5. CONTENT
    1. Intellectual Property: No intellectual property rights are transferred by us to you by these Terms.
    2. Your Content: “Your Content” means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to us and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable us to perform the Services and otherwise exercise any right or perform any obligations under these Terms.
    3. Monitoring Your Content: Although we are not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, we reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of our Terms relating to Acceptable Use.
  6. ACCEPTABLE USE
    1. Unacceptable Use: Unacceptable Use refers to any unlawful, illegal or inappropriate use as set out in this section. You may not use the Services or our technology infrastructure in any manner that constitutes an unacceptable use.
    2. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation.
    3. Inappropriate use includes any use or behaviour that may: jeopardize our products, Services, technology infrastructure, ability to operate as a going concern, or expose us to civil liability.
    4. Restrictions: You are prohibited from using your Service to possess, store view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
      1. includes child pornography and/or child exploitation;
      2. promotes, sells or otherwise disseminates adult related material, pornography or other erotic material, unless determined by us at our sole discretion to be in accordance with local, state and national laws
      3. infringes on any person’s copyright or other intellectual property rights (including unlicensed or improperly licensed applications, music, games or other materials)
      4. wilfully promotes hatred against or defames any individual, group or other organisation; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, socioeconomic status or sexual preference
      5. makes threats to a person’s safety or property or places a person into potential harm or danger
      6. promotes or advocates human trafficking in any way
      7. undertakes any act in violation of any applicable local, state, national or international law or regulation including any laws relating to:
        1. the export of data or software
        2. the protection of human rights
        3. the promotion of hatred
        4. defamation
        5. the promotion of unlicensed or illegal sex work, escort services, or prostitution
        6. criminal offences
        7. the protection of intellectual property, or
        8. including the sending of commercial electronic messages without consent from the recipients.
      8. promotes gambling, casinos, gaming, sports betting, lottery or chain letters (unless by a regulated organisation/business registered with an Australian regulatory authority)
      9. promotes or sells illegal drugs, drug paraphernalia or pharmaceuticals/medication without a prescription
      10. advertises, advocates or operates get rich quick schemes, pyramid and ponzi schemes, prime banks programs or related sites
      11. can be used for attacking computer systems, networks or internet users, including but not limited to IP scanners, bots, spam scripts, executables or other tools or applications
      12. includes any form of malware
      13. interferes with, disrupts or damages the servers used by us to provide such services, those of our suppliers or those of our other customers
      14. impersonates or falsely states or otherwise misrepresents your identity or affiliation with any person or entity
      15. wilfully bypasses or subverts the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so
      16. operates file dumps or mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed on reputable fraud reporting sites
      17. operate cryptocurrency miners, bitcoin miners or distributed ledger repositories
    5. Determination of Violation: We will be the sole and final arbiter as to what constitutes a violation of Acceptable Use.
    6. Unacceptable Use of Network: Unacceptable uses of the Services or our infrastructure may also include but are not limited to hosting materials or performing activities such as: unsolicited mailings, newsgroup spamming, hosting topsites for the purpose of distributing, storing or archiving warez releases, copyrighted audio files (MP3 & MP4), illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of our infrastructure.
    7. Disruptive Uses: You may not use the Services or our infrastructure in any manner that interferes with or disrupts our other customers.
    8. Breach of Acceptable Use: When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these Terms and we may exercise our right to suspend your Services:
      1. generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by our other clients who have purchased similar Services
      2. generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by our other clients who have purchased similar Services
      3. on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by our other clients who have purchased similar Services.
      4. even if they do not come within (a), (b) or (c) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
      5. using disk space to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were purchased (for example, using disk space for data warehousing, email storage, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage); or
      6. the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient’s consent.
    9. No Spam: UCE/UBE or spam originating from a server located on our network or associated with our server is not tolerated. This includes any email that promotes websites hosted on a server located on our network, but which is sent from an email address not associated with your Service account.
    10. Music, Image and Video Files: Responding to and addressing copyright complaints is a time-consuming process. From time to time, we scan its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, we may ask you to demonstrate that they are:
      1. owned or properly licensed by you; and
      2. if licensed, not being used in a manner that is inconsistent with that license.
    11. Breach of Storage Provisions: If you fail to do so for any file or, in the alternative, remove the file from our servers, we may exercise its rights under these Terms to suspend or cancel your Service.
    12. Reporting: If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in this section, you will promptly report it to the help desk from which you receive technical support.
    13. Investigation: We reserve the right to investigate suspected breaches of Acceptable Use, and you agree to cooperate with us when directed to assist in any such investigation.
    14. Breaches: For any breach of Acceptable Use, we may suspend or cancel all Services you have with us at our absolute discretion. Any decision made by us is final. We assume no liability for enforcing or not enforcing the provisions in its other service agreements relating to Acceptable Use.
  7. IP ADDRESSES
    1. We may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by us or our representatives in connection any Services. We, or our suppliers, may change any such address at any time, but we will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.
  8. PAYMENT
    1. Fees General: The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the “Fees”). They may include one-time fees (these are typically for setting up the service) and recurring fees.
    2. Fees applied: The Fees are inclusive of any government taxes or charges and exclusive of any registration or delegation charges imposed by domain name authorities or your ISP.
    3. Billing Frequency: The Fees for your Service are charged in accordance with your chosen billing cycle in advance. We may charge a pro-rata portion of your Fees to align your payments to our billing cycle, being per calendar month.
    4. Fees Rendered: We wio
    5. Billing for Consumption Charges: Any Fees based on consumption (for example for excess traffic usage) are charged at the end of the month for the previous months.
    6. Payment of Fees: Our preferred method of payment is by periodic deductions via a credit card (Visa or MasterCard). Other payment methods may be accepted by us at our discretion. We may charge you an administration fee to accept payment by any other method than our preferred method.
    7. Automatic Charging: When we are entitled in accordance with these Terms to any Fees for Services, applicable taxes or expenses, such amounts will be automatically charged to the payment details that we have on file for you and you authorise us to do this. We will send an invoice for these amounts to the email address that it has on file for you before doing so.
    8. Increases: PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, we will give you at least 30 days prior written notice of any increase to the Fees.
    9. Promotions: From time to time, we may offer our services to new or existing clients at a discounted or promotional rate. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
    10. Expenses: Unless expressly set out otherwise in an applicable Service Description, you will reimburse us for all registrar’s fees or other related expenses incurred by us in relation to any third-party service sourced for you on your behalf.
    11. Chargebacks: Please note that should any amount that you pay by credit card be charged back to us, you will incur an additional Fee of $AUD50.00 to reprocess the payment:
    12. Restrictions or Terminations for Non-Payment: All payments must be made by due date stated on your invoice to avoid account suspension. If a credit card is declined by the bank, we will notify you and attempt charging it again within three (3) days, at the end of which we reserve the right to suspend the account without any notice. The overdue payment may be subject to interest at the rate of three one-hundredths of a percent (0.3%) per day or as per guidance from the Australian Tax Office (http://www.ato.gov.au/taxprofessionals/content.asp?doc=/content/2832.htm ) or the maximum rate permitted by law, whichever is greater. Further, we shall be entitled to recover our collection costs from you, including legal fees and expenses.
  9. SERVICE PERIOD
    1. These Terms shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with these Terms (the “Service Period”).
    2. Lack of activity on your Service is not an indication to us that you wish to terminate your Service.
  10. SUSPENSION AND TERMINATION
    1. Suspension by Us: If you breach of these Terms, we may, at our sole discretion, restrict or suspend the Services, without prior notice to you. If you are given an opportunity to remedy the breach or you demonstrate to our satisfaction that you have taken steps to prevent future breaches of these Terms, we may lift the restriction or suspension. We will give you notice of any suspension or restriction.
    2. Restriction of Access: Whether or not a restriction affects your access to your Content is at our sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES AND ARE NOT ELIGIBLE FOR CLAIM.
    3. Suspension By You: You may temporarily suspend any Service at any time by using the web-based tool that we provide to you to manage your account to suspend the Service. Billing for your Service will also be suspended. The maximum time your service can be suspended is three (3) months in any twelve (12) month period.
    4. Termination By You: You may terminate any Service by following the below process:
      1. You may terminate any Service at any time by using the web-based cancellation form in the account dashboard. You are still responsible for all fees and charges accrued prior to the effective date of such termination.
      2. After submitting a cancellation request you will receive an email from our support team with a tracking number stating that “Your service cancellation is being processed”. If necessary, we will contact you to verify the details of your cancellation request.
      3. If you do not hear back from us or do not receive a confirmation email within a few minutes of submitting your cancellation request, please contact our help desk.
      4. We require all cancellations to be submitted through the online cancellation form in your account dashboard in order to:
        1. confirm your identity
        2. confirm in writing that you are prepared for all of your files and emails to be removed from our servers
        3. document the cancellation request.
      5. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
    5. Refunds: Any amount eligible for refund will be determined at our absolute discretion in accordance with these Terms. We may charge an administration fee to process a refund. Processing times for refunds may take up to seven (7) working days for funds to process into your bank account depending on your financial institution.
    6. Termination By Us: We may terminate any Service by giving you at least 30 days written notice of the termination date.
    7. Immediate Termination: We may terminate these Terms immediately and without prior notice to you:
      1. if you breach Section 6 of these Terms – Acceptable Use
      2. if you breach Section 8 of these Terms – Payment and do not remedy that breach within 28 days of the breach, or
      3. if you breach any other section of these Terms and do not remedy that breach within 28 days.
  11. SURVIVABILITY:
    1. Applicable Sections In Force After Termination: Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, including but not limited to 3.4, 4.1.11, 4.3.2, 4.3.3, 5, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18 and 19 will remain in full force and effect following the expiration or termination of these Terms.
  12. RENEWALS.
    1. Services to Auto-Renew: IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES AUTOMATICALLY RENEW. We will notify you of your upcoming renewals at least 14 days in advance and unless you submit a cancellation request using the cancellation form in your account dashboard the services will be renewed at the same Fees incurred using the payment method you have provided to us. You authorise us to process this payment when it falls due unless otherwise advised by you.
    2. Non-Renewal: IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL THE SERVICE EITHER IMMEDIATELY OR UPON EXPIRATION OF THE THEN CURRENT TERM.
  13. REFUNDS
    1. Refunds are issued at our absolute discretion and in accordance with Australian Consumer Law.
    2. All setup fees and fees charged by third party suppliers and partners (including but not limited to) domain registration, SSL Certificates and Dedicated IPs are not refundable.
    3. If a cancellation request is received for a Service which has been pre-paid (excluding those mentioned in Section 13.2), then a credit may be issued to your Account once the Service has been cancelled, and the credit refunded to your nominated payment details.
  14. WARRANTIES AND DISCLAIMERS
    1. The Internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times.
    2. You acknowledge that the hosting services and other services may not always be available, and with the exception of any express warranties contained in these terms, we expressly disclaim any other representations, warranties, or conditions with respect to the services or otherwise arising from these terms whether express or implied, past or present, statutory or otherwise, including without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose and any warranty that the hosting services will be uninterrupted or error free.
  15. LIMITATIONS OF LIABILITY AND INDEMNITY
    1. You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
    2. You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
    3. You agree to defend, indemnify, and hold us harmless against liabilities arising out of:
      1. Any injury to person or property caused by any products sold or otherwise distributed in connection with us
      2. Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
      3. Any breach of any representation or warranty provided herein
      4. Any negligence or wilful misconduct by you
      5. Any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets
      6. Any defective products sold to customers from our server
    4. By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein.
    5. Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify us. Failure to provide such confirmation may be considered a breach of this agreement.
    6. We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by us, our employees or our suppliers.
  16. AGREEMENT
    1. Entire Agreement: These Terms and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.
    2. Severability: Should any provision of these Terms be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
    3. Waiver. No waiver of any part of these Terms will be deemed to be a waiver of any other provision. No part of these Terms will be deemed to be waived by reason of any previous failure to enforce it. No part of these Terms may be waived except in a writing signed by the party waiving enforcement.
    4. Interpretation: The headings used in these Terms are for convenience of reference only. No provision of these Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout these Terms, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
    5. Other Policies: Our Privacy Policy and other policies that are issued publicly by us on our website are considered to be part of these Terms.
  17. ASSIGNMENT
    1. Assignment of these Terms: You may not assign the agreement represented by these Terms, either in whole or in part, without our prior written consent. Any other attempted transfer or assignment of rights hereunder shall be null and void.
    2. Domain Name Transfer: These Terms do not restrict your ability to transfer any domain for which you are the registrant. If we are the registrar for the domain name, please request our “domain name transfer instructions” by sending an email to support@raijinnetworks.com. We will send you the specific details and information about transfer of ownership.
    3. Assigning Terms. We may assign our rights and obligations hereunder at our absolute discretion without your prior consent.
  18. NOTICE
    1. Notices In Writing: Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to us when acquiring your first Service (as updated by you in accordance with section 3.2) and sent to you by email or by nationally recognized overnight courier as applicable.
    2. Other Notice Conditions: Any notice or other significant communication given to us pursuant to these Terms will be in writing and sent to us at the address then listed on our website in the Contact Us section by fax or nationally recognised courier.
    3. Assumption of Receipt: Notices will be deemed to have been received one business days following:
      1. email transmission by us to you
      2. deposit with a globally recognised overnight delivery service, all delivery charges pre-paid, or
      3. transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
  19. OTHER
    1. Governing Law: This Agreement will be governed by the laws of the Commonwealth of Australia and the State of Western Australia applicable therein. The parties consent to the jurisdiction of the courts of the State of Western Australia.
    2. Independent Contractors: The relationship between the parties is that of independent contractors, and not that of partnership, joint venture, employment, franchise or agency. Neither party may incur any obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
    3. Force Majeure: Neither party will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.
  20. AMENDMENT
    1. Amendment to Terms: We may change these Terms from time to time and at any time. When we make changes to the Terms, we will:
      1. post the updated version of the new Terms on the website together with the date on which it was revised, and
      2. on home page for our website for at least 30 days following any change to the Terms post a notice that the Terms have been updated.
    2. Changes to Terms with No Detriment: We may change these Terms in a way which there may be no direct or indirect effect to the operation of your Service. This includes changing the allowances set to disk space or bandwidth to your Service at no change to any Service fees. Any change will be communicated to you via email to your nominated address, and will take immediate effect from the date stated on the Notice.
    3. Changes to Terms with Negative Effect: We may, at our discretion, ask you to actively confirm your consent to the revised Terms, especially if any revised terms would affect your Service, any details to your Service Description, or price of the Service. You will be given 30 days notice of any changes via email to your nominated address. If you do not agree with the revised Terms without qualification, you may terminate any existing Services without penalty. Continued use of the Services or Site after the changes to Terms have come into effect will be deemed as acceptance to the revised Terms.
    4. Modification of Terms: We reserve the right, at our discretion, to change or modify the website from time to time including but not limited adding or removing functionality or features or changing its name.