1.1 Lawful Content

All services provided by Common Cents Solutions may be used for lawful purposes only.

Transmission, storage, or presentation of any information, data or material in violation of any Australian law is prohibited. This includes, but is not limited to:

• copyrighted material,
• material we judge to be threatening or obscene,
• material protected by trade secret and other statute.

The client agrees to indemnify and hold harmless Common Cents Solutions from any claims resulting from the use of the service which damages the client or any other party.

Pornography and sex-related merchandising are prohibited on any Common Cents Solutions servers. This includes sites that may infer se xual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Common Cents Solutions' servers or any other server on the internet. Links to such materials are also prohibited.

Other unacceptable content or links include:

• Pirated software,
• Hackers programs or archives,
• Warez sites,
• IRC Bots,
• Multiple hosts resolving at an IP or domain name that we provide,
• Audio and Movie files.

1.2 CGI Scripts

Each account is supplied with its own cgi-bin. You are free to use any cgi scripts you wish however we reserve the right to disable any CGI script that effects normal server operation.

1.3 IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

2.0 Charges/Invoicing

2.1 Charges

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. Domain Name registration fees are non-refundable. We accept Visa, Master Card and American Express through Paypal. There are no contract periods but for each successive billing period. Your contract is automatically renewed unless we are notified otherwise. If you cancel in the middle of the billing period we will refund for the remaining billing period.

2.2 Support

Once a website is live, Common Cents Solutions is happy to provide ongoing telephone and email support.
If a support request requires special design or development expertise from a Common Cents Solutions staff member, then that request will be charged for at the client's applicable design and development rates.

Support related to bug-fixes will not be charged for.

2.3 Disputed Amounts

Where the Customer wishes to dispute any item(s) appearing on an invoice, the Customer must write to, email, or telephone Common Cents Solutions, and seek resolution of the disputed amount. Any notification to Common Cents Solutions of a dispute must be made within 20 days of the invoice date.

If Common Cents Solutions agrees there is a mistake, the account balance will be corrected as soon as practicable. If Common Cents Solutions finds there is no mistake, the Customer will be required to pay the outstanding amount immediately on being notified of Common Cents Solutions’ finding, or by the Payment Due Date, whichever is the latter.

3.0 Late Payment and Suspension of Services

3.1 Right to Suspend Services

If the Customer fails to make payment to Common Cents Solutions for any Service by the Payment Due Date, Common Cents Solutions may suspend the provision of that and/or any other Service.

All accounts are billed according to the dates they were first activated on. You have to pay one billing period in advance. If you do not pay for the service within 14 days, your account with be suspended.

3.2 Right to Terminate Services or Agreement(s)

Common Cents Solutions reserves the right to terminate this Agreement, where accounts are deemed to be in a state that is deemed to be a financial (or other) risk from Common Cents Solutions’ perspective.

3.3 Debt Collection Costs

Where the Customer’s accounts are sent for debt collection with an external agent, the Customer agrees to bear and pay all costs imposed on Common Cents Solutions in relation to the collection of the debt.

These costs will generally include debt collection commission charges; case opening or closing fees; and legal costs in extended cases.

4.0 Quotations

Where fixed price quotations are provided, these are exclusive of GST and disbursements and are valid for 30 days from the date of the quotation.

5.0 Affiliates

Affiliates must be signed up to the Affiliates programme before any sales commissions are paid and be seen to be promoting Common Cents Solutions’ services. Affiliates must identify, when promoting Common Cents Solutions' services that they are affiliates for Common Cents Solutions and that they and potential clients agree to Common Cents Solutions' Terms of Service. Single commission payments are only made once the customer you signed up has been using Common Cents Solutions' services for a minimum of 3 months. Membership to the affiliates programme is at the sole discretion of Common Cents Solutions. Membership is only open to Australian based users. Commissions are paid Australian dollars.

6.0 Security

6.1 Commercial Advertising - Email

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we reserve the right to immediately, without warning, disable your domain.

6.2 Server Abuse

Any attempts to undermine or cause harm to a Common Cents Solutions server or customer of Common Cents Solutions is strictly prohibited.

6.3 Password Security

All login usernames and passwords are not to be given to people outside of the members organisation. These are only to be used by the people who are reading email and the person maintaining the web site.

6.4 General Service Usage

During the operation of an Internet system, it is occasionally necessary to monitor information. Common Cents Solutions reserves the right to monitor any traffic moving through the system. It is illegal to view certain types of information in Australia. Users of Common Cents Solutions may not break any laws while using the system. The availability of such material on the Internet is beyond Common Cents Solutions' control. Users are under no circumstances to engage in mass mailing, with the exception of the use of Listserves. Mass Mailing includes SPAM and forwarding of chain letters and pyramid schemes. Users are not to engage in hacking type activity (including portscans). Where a user is found to have engaged in any of the aforementioned , they will be banned from the system immediately and no refund given. Your password and connection is for use only by you and immediate household Members/your Company. Passwords are under your control and unauthorised use is your responsibility. You agree that Common Cents Solutions shall not be liable for any damages whatsoever including but not limited to loss of profits for any claim made by you.

7.0 Responsibilities

7.1 Common Cents Solutions’ Responsibilities

Common Cents Solutions will provide each Service in accordance with the terms and conditions set out in this document.

Where Common Cents Solutions performs work for the customer, it will ensure that competent and suitably experienced personnel carry out all work, in a professional manner and in accordance with the appropriate standards and regulations.

While Common Cents Solutions will make every endeavour to ensure a fully professional approach to all work carried out, it cannot guarantee the results of recommendations as many factors are outside of our control. Consequently, Common Cents Solutions shall not be liable for any consequences of the provision of services to you, except for consequences arising as a direct result of the proven negligence on the part of Common Cents Solutions.

Common Cents Solutions will provide Hosting Services with reasonable care and skill, and will use all reasonable efforts to ensure that the Hosting Services are reliable at all times, but cannot, and it does not, guarantee that the Services will be continuous or fault free except in the case of proven negligence.

Common Cents Solutions cannot and will not be responsible for unauthorised access to our facilities or equipment or for alteration, loss or destruction of data files, programs, procedures or information of the Customers by accident, fraudulent method or equipment, any Act of God or any other method.

From time to time, Common Cents Solutions may (and has the right to) send information and offers to the Customer about upgrades and other services offered by Common Cents Solutions.

7.2 The Customer’s Responsibilities

The Customer agrees that they will not use the Services, nor permit the services to be used in any way that is illegal, or could damage or knowingly affect Common Cents Solutions’ or any other operators network.

The Customer will ensure that all information provided to Common Cents Solutions is accurate, and that they will inform Common Cents Solutions promptly of any material changes to this information, including all contract information.

The Customer will use the Services for the purposes that they are provided, and in accordance with any reasonable directions given by Common Cents Solutions.

The Customer is liable for and indemnifies Common Cents Solutions against any costs, expenses, or damages incurred by Common Cents Solutions as a result of the Customer failing to comply with their obligations under this clause.

7.3 System/Site Backups

Common Cents Solutions performs regular backups of all user accounts; however it is the responsibility of the account holder to perform additional backups. The account holder / client should not rely solely on the backups kept by Common Cents Solutions. We recommend that you perform backups regularly.

7.4 Exclusion of Liability

Except as provided in clause "Limitation of Liability" Common Cents Solutions is not liable to the Customer or any other person for:
a) any cost, loss or liability (including loss of profit or other consequential damage) arising from Common Cents Solutions' supply or failure or delay in supplying Service.
b) the content, context, or confidentiality of any communications made using the Service. Common Cents Solutions does not provide support for third party software, including software downloaded from the Internet.

7.5 Limitation of Liability

Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any Service or goods are excluded and Common Cents Solutions will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service or goods inclusive of any software material hosted or designed by Common Cents Solutions. However, Common Cents Solutions' liability for any breach of such implied term or warranty will be limited at Common Cents Solutions' option or in any way permitted by the legislation including where so permitted:

a) If the breach relates to goods: the replacement or repair of the goods; or the payment of the costs of replacing or repairing the goods.

b) If the breach relates to services: the supplying of those services again; or the payment of the costs of having those services supplied again.

7.6 Breaches

The Customer shall indemnify Common Cents Solutions against any loss (including any loss of profit) incurred by Common Cents Solutions as a result of any breach of the terms of any agreement with Common Cents Solutions including damages in respect of any period up to and including the date of actual termination.

7.7 Indemnity

The Customer shall indemnify Common Cents Solutions against all claims, expenses, damages, or other liabilities arising directly or indirectly from accessing of obscene, defamatory, or offensive material via the Common Cents Solutions Internet service.

8.0 Acknowledgement of Terms

This document contains the terms upon which Common Cents Solutions accepts your instructions to act for you. Common Cents Solutions retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.