TPP Hosted Exchange

By purchasing or using TPP Internet’s Hosted Exchange 2007 product, you agree and accept the terms and conditions as outlined below. We reserve the right to alter these terms and conditions and any product specifications and pricing at any time.

Service

It is your responsibility to inform us of any changes to your email address or other contact information to ensure that you receive notifications from us, and to ensure that you inform us should your billing details change.

Upon sign up to the Hosted Exchange 2007 service, you will be billed a $10 activation fee via the payment methods available. This fee is non refundable, however it will be deducted from your first invoice.

TPP Internet reserves the right to suspend your account, if for any reason, we are not able to process payment via the payment method provided upon account set up. If your account is suspended due to non payment, for any reason, you will be required to pay the entire balance due prior to your account being re-enabled.

We also reserve the right to delete your account if the account remains unpaid 15 days after the date of issue. If your account is deleted all data stored on the server (including, but not limited to users, passwords, email messages, and calendar events) will be removed and cannot be restored under any circumstances.

Termination, Refund and Cancellation Policy

TPP Internet may terminate this agreement and your access to any or all Services at any time, with or without cause, effective immediately. TPP Internet shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by TPP Internet to have violated these Terms and Conditions may be barred from receiving any services from TPP Internet.

You may terminate this Agreement at any time by requesting cancellation in writing, either via an email from the billing contact (to orders@tppinternet.com), or via a fax on company letterhead (to 1300 792 306). Once we receive your cancellation request, we will process the request within 7 business days. The date of completion of the request will be regarded as the date of termination.

All outstanding fees will be billed via the payment method provided upon account set up prior to cancellation of the account.

Termination, by you or us, does not release you from any past or current fees owed for Services rendered through to date of termination.

User Data

TPP Internet may disclose to our suppliers certain information in your account application necessary to provision and maintain the Hosted Exchange 2007 service. Your personal information will not be provided to marketing agencies or list collection agencies.

Service and Content

TPP Internet services may only be used for lawful purposes.

Transmission or solicitation of any material that violates Australian Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libellous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be stored on or transmitted through any servers hosted by TPP Internet that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the content hosted by TPP Internet.

Spam Policy

Due to strict SPAM prevention policies implemented by 3rd party e-mail systems (such as AOL and Hotmail) and our mission to provide reliable e-mail service to our customers, we have a strict policy of zero-tolerance towards any e-mails sent out by a customer that may jeopardize our ability to deliver other customers e-mails to 3rd party mail systems.

Our e-mail hosting service is not designed for sending out large quantities of e-mail marketing messages. There are 3rd party companies that exclusively focus on delivering marketing e-mails, such as http://www.ConstantContact.com , http://www.JangoMail.com , and http://www.topica.com. Please note that we do not recommend any of these companies; rather they are listed just as examples.

The sending or facilitation of the sending of bulk e-mail of any kind, other than verifiable, Double Opt-in email is strictly prohibited. Additionally, such Double Opt-in e-mail must be limited to a total of 200 e-mails per calendar month across all users in your account. If you need to send out a larger quantity of e-mails, then you must use a third-party e-mail marketing service such as one listed above. Double Opt-in means that when the user enters their email address on your website, they are sent an email CONFIRMING the opt-in, requiring them to click a LINK to verify that they opted in for your mailing. You may not mail to that email address unless they have confirmed the opt-in. At any time, upon TPP Internet’s sole discretion, you may be required to provide documented proof that all of your end-users have CONFIRMED an opt-in. This can be done by storing the IP address, a date-timestamp, and a unique ID for the confirmation. At its sole discretion, TPP Internet will determine from all of the evidenc whether the email recipients were from an "Double Opt-in" email list and take appropriate action.

Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a TPP Internet hosted web site listed as the contact address, or any use of TPP Internet’s services or systems associated in any way with such mailings is strictly forbidden. TPP Internet will immediately terminate, without any warning, the account of any customer who conducts these activities. TPP Internet also reserves the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. TPP Internet reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations. To report spam, please forward the spam with all original headers to policy@tppinternet.com.

It is a violation of these Terms and Conditions for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in TPP Internet’s sole discretion. Further, TPP Internet shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by TPP Internet in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.

It is a violation of these Terms and Conditions for you to attempt to breach or to breach the security or firewall systems of TPP Internet, its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at policy@tppinternet.com. Complaints may be investigated by TPP Internet but TPP Internet is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of TPP Internet. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to policy@tppinternet.com.

Reseller Program

TPP Internet Resellers are able to resell the Hosted Exchange 2007 product, however as part of any purchase or use, resellers shall abide by the following additional terms and conditions. By signing up a customer to TPP Internet, the Reseller agrees both on behalf of such reseller and on behalf of each customer signed up by such reseller, to TPP Internet’s Terms and Conditions as in effect from time to time. In the event any customer content is determined by TPP Internet to be in violation of these Terms and Conditions, Reseller shall upon receipt of notice from TPP Internet to such effect, take prompt steps to remedy such situation, so that the content is in full compliance with these Terms and Conditions as determined by TPP Internet.

TPP Internet is not responsible for the actions, or misrepresentations of resellers. Reseller hereby agrees to indemnify TPP Internet from and against any and all claims made by any such customer which result from Reseller's misrepresentation, breach of these Terms and Conditions or other improper actions of such reseller. TPP Internet reserves the right to revise its reseller program and these Terms and Conditions at any time. Changes shall take effect when posted to this site by TPP Internet.

Customers who have been signed up by such resellers hereby agree to operate their content in accordance with these Terms and Conditions as in effect from time to time.

Reseller assumes all responsibility for the billing and technical support for each customer signed up by such reseller. TPP Internet reserves the right to refuse any inquiry made to technical support by each customer signed up by any reseller.

Liability Limitation

You agree that all access and use of TPP Internet’s Hosted Exchange 2007 service and the content thereof is at your own risk. In no event shall TPP Internet be liable to you for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of your access, use or inability to access or use (i) TPP Internet and/or its content, (ii) any tools or services on TPP Internet, (iii) any customer content on TPP Internet’s servers, or out of any errors or omissions in the content thereof. Your sole remedy for dissatisfaction with this web site, site-related services, products, and/or content contained within the web site, or with the extent to which such websites are "up" or are available for access by you or other users of the internet, is to stop using TPP Internet.

Warranty Limitation

TPP Internet and its content are provided "as is", with no warranties whatsoever. All representations and/or warranties of any kind, either expressed, implied or statutory, including, without particular limitation to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. All customers acknowledge that any warranty that is provided in connection with any product and/or service available through TPP Internet is provided solely by the owner, advertiser, or manufacturer of that product and/or service, and not by TPP Internet.

Severability

If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.

Waiver Of Jury Trial

Both you and TPP Internet Pty Ltd hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms and Conditions. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and TPP Internet each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and Conditions and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms and Conditions. In the event of litigation, these Terms and Conditions may be filed as written consent to a trial by court.

Miscellaneous

These Terms and Conditions shall bind and benefit the successors and heirs of the parties. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the State of New South Wales, Australia having jurisdiction over you.