Terms and Conditions

Provision of Services

In consideration of the payment by the Client of the Charges, ThinkSales will provide the Services to the Client.

Charges and Payment

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

Payment of the Charges will be due in advance of provision of the Services unless otherwise agreed by ThinkSales in writing.

In the case of domain name registration or renewal failure to pay the domain name registration by the specified date will entitle ThinkSales to release the Client's domain name without any liability for loss suffered by the Client howsoever arising.

Failure to make payment by the specified date entitles ThinkSales to suspend all services to the Client until such time as payment is made without any liability for loss suffered by the Client howsoever arising. If payment of overdue amounts is not made within 60 days of the specified date ThinkSales is entitled to cancel any and all services to the Client without any liability for loss suffered by the Client howsoever arising.

Domain Name Registration

The Client is responsible for checking the accuracy and correct spelling of the Client's domain name and its ownership entitlement.

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 ThinkSales.

The Client agrees to indemnify ThinkSales, 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 ThinkSales or arising in any way by the Client infringing (whether innocently or knowingly) third party rights.

Suspension of Services

ThinkSales may suspend access to the Services to preserve data, if there is a security breach or if there is a malfunction in the services.

ThinkSales reserves the right to terminate or suspend the Services to the Client indefinitely and without refund or compensation in the event that any of the acceptable use policies listed on this web page are not complied with.

Loss of Data

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

Interruptions to Service

ThinkSales 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.

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

Client Deliverables

The Client will have no remedy against ThinkSales 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.

Indemnity

The Client warrants that:

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

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

The Client indemnifies ThinkSales against all expenses, losses, damages and costs (on a solicitor and own basis and whether incurred by or awarded against ThinkSales) which ThinkSales 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 ThinkSales 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.

30 Day Money Back Guarantee Terms and Conditions

The Agreement will be deemed to have commenced on the date the order for Services is received by ThinkSales. The Client may cancel the Agreement within 30 days of the Date of Agreement. In order to cancel the Agreement the Client must provide in writing their reasons for cancellation and a request to cancel. These must be received by ThinkSales within 30 days of the Agreement Commencement Date. ThinkSales will refund to the Client 100% of Hosting Charges paid by the Client by bank transfer or cheque within 30 days of the Cancellation.

Limitation of Liability

ThinkSales 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 goods or Services supplied pursuant to this Agreement; failure or omission on the part of ThinkSales to comply with its obligations under this Agreement; or 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.

Confidential Information

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

Terms

The minimum contractual period for the provision of the Services by ThinkSales is 12 months from the first day that the Services are made available to the Client ('Initial Term'). Following the expiry of the Initial Term, this Agreement will continue until terminated by either party. The Client may elect to terminate this Agreement after the Initial Term by providing ThinkSales with written notice to that effect one month prior to the expiry of the Initial Term.

Termination

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

Each party will notify the other immediately if: it ceases to carry on business; it disposes of the whole or any part of its assets, operations or business other than in the ordinary course of business; any step is taken to enter into any arrangement between that party and its creditors; 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 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.

Force Majeur

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.

General

If any part of this Agreement is deemed unenforceable then:
if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; or
in any other case the provision is severed, then the rest of this Agreement will continue to be legal and enforceable.

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

Notices

Each party notifying or giving notice under this Agreement will do so: in writing; addressed to the address of the recipient; and
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.

A notice is deemed received: if hand delivered, on the date of delivery; 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 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).

Sub-Contracting

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

Acceptable Use Policy

ThinkSales is entitled to suspend or cancel without notice the Client's Service when they, their customers, affiliates, or subsidiaries engage in any of 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 ThinkSales, but also because it can overload ThinkSales network and disrupt service to other Web Hosting Clients. Also, maintaining an open SMTP relay is prohibited under any circumstance.

Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. ThinkSales is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also ThinkSales policy to terminate the privileges of customers who commit repeat violations of copyright laws.

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

Defamatory or Abusive Language
Using ThinkSales 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 AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, 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 ThinkSales determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Summary
The responsibility for avoiding the harmful activities just described rests primarily with the Client. ThinkSales will not, as an ordinary practice, monitor the communications of its Clients to ensure that they comply with this Policy or applicable law. If ThinkSales 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. In short, if it is your intention to use the hosting service for illegal activities please find another service provider.