Terms of Service

General

1.1

This document (henceforth referred to as the Policy) outlines the terms and conditions under which hosting services are supplied to customers of Evanscorp.

1.2

All hosting services offered by Evanscorp (henceforth collectively referred to as the Service or this Service) are subject to the terms and conditions outlined in this Policy.

1.3

Evanscorp reserves the right to amend this Policy at any time without notice. The most recent version of the Policy can be viewed at any time from the Evanscorp web site (http://www.evanscorp.com.au).

1.4

Any reference to a user or person throughout this Policy also refers to any associated individual, group of individuals, business, company, corporation or other entity.

1.5

Headings are used for convenience and do not affect the interpretation of this Policy.

1.6

If any clause in the Policy is found to be invalid or unenforceable by a Court of Law, such a clause is severed from the Policy. This does not affect the rest of the Policy, which will remain in effect.

Privacy

2.1

Please refer to the Evanscorp Privacy Statement, accessible via a hyperlink at the bottom of any page on the Evanscorp web site.

Use of The Services

3.1

Evanscorp does not warrant that any service will always be available or function as expected.

3.2

Evanscorp will not be liable to any party for any loss, damage, costs or expenses of any kind suffered directly, indirectly or consequentially, arising out of or in connection with any action or failure to act by Evanscorp in relation to the availability, functionality, behaviour or performance of any Service.

3.3

The Service must not be used for any unlawful purpose, for any other activity that Evanscorp believes could subject it to criminal liability or civil penalty or judgment, or in any way that is contradictory to this Policy.

3.4

The Service must not be accessed in any way that could damage or disable any Evanscorp server or the network to which it is connected, or in any way hamper or cause interruption to the services provided by these resources, or interfere with any other party's use of The Service.

3.5

Any attempt to gain unauthorised access to The Service or other resources managed by Evanscorp, including but not limited to other accounts, computers or networks, is strictly prohibited.

3.6

Any attempt, through any means, to obtain any material from Evanscorp that is not intentionally made available through The Service, is strictly prohibited.

3.7

The Service or any Evanscorp services are not to be used:

a.	in connection with chain letters, junk Speedmail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
b.	to harvest or otherwise collect information about others, including email addresses, without their consent;
c.	to create a false identity or forged address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any message;
d.	to create a false identity or forged address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of any message;
e.	to transmit, associate with the Service, or publish with the Service unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
f.	to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
g.	to libel, defame or slander any person, or infringe upon any person's privacy rights;
h.	Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
i.	Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

3.8

Material published or accessed through use of The Service should only contain material that is proper and relevant to The Service, and must not contain:

a.	Information, images, photographs, software or other material, either whole or in part, that is protected by any Intellectual Property law, unless you control the Intellectual Property rights or hold proof that you have obtained the necessary permission to disseminate the material.

b.	Material related to promotional activities, including but not limited to advertisements, surveys, contests, selling schemes, junk mail, SPAM, and chain letters.

c.	Any abusive, defamatory, profane, indecent, illegal or offensive material or that which impinges upon the legal rights of any party.

d.	Destructive material, including but not limited to viruses and corrupted files, that could affect the operation or behaviour of any computer or network to which it is connected.

e.	Any false or misleading information, including but not limited to legal notices or identification information.

3.9

Evanscorp advises the use of caution when transmitting via the Internet any personal details, contact information or material for which you control the Intellectual Property rights.

Right to Use Service

4.1

Evanscorp grants its customers the right to use The Service in consideration for fees paid in advance.

4.2

Evanscorp retains the right to refuse provision of The Service to any customer or potential customer.

4.3

Evanscorp retains the right to terminate any Service without notice if the customer is found in breach of clause 3.

4.4

Evanscorp retains the right to terminate any Service with 7 days written (e-mail, fax, post) notice for any reason and in such an event will provide a pro-rata refund of fees already paid.

Statement Version	1.0
Date of last Revision	17 Jul 2003