Syron Technologies

Syron Terms of Service

No Liability

1. IN GENERAL

• • Nothing illegal or close to being illegal.
• • Including any unlicensed software such as message forums and mp3's.
• • No spam and no bulk mailers.
• • Only opt-in mailing lists are allowed.
• • Only database driven message forums to minimize CPU usage.
• • To be fair on other users we have to stop any script that starts eating into the CPU.
• • We will help you make sure it doesn't happen again but if it does the script will have to be disabled.
• • No misrepresentation, harassment or defaming of others.

2. DEFINITIONS

• • "Account" means an account provided to use a service supplied by Syron Technologies.
• • "Network" means hardware and/or software used to provide a service. "Internet" means the network of networks to which an account provides access.
• • "You" or "the Customer" means that legal entity that is entering and bound by this contract with Syron Technologies. "You" and "the customer" may be used interchangeably.
• • "Service", "Supply", "Product", "Goods" means the services or products for which Syron Technologies is contracted to provide and are used interchangeably.
• • "Content", "Material", "Information" means any information which could be transmitted or received by digital means and incorporates static or active software programs or the results of programs and other online events or the results of online events any of which may be public or private or any combination thereof. These words are used interchangeably.
• • "Publish", "Post", "Propagate" means to transmit or store or upload or download or receive content and are used interchangeably.
• • Plurals include singulars and vice versa.
• • Masculine include feminine and vice versa.

3. AGREEMENT

• • This document is the general terms and conditions of a Syron Technologies web hosting account. Other more specific terms and conditions may apply to specific products and/or services.
• • Syron Technologies reserves the right to refuse any application for whatever reason.

4. GENERAL SERVICE

• • The customer understands that any services provided are not continuous or faultless or error free and that interruption, delays, faults, degradations and outages to services may occur from time to time. For example interruptions may occur due to maintenance of software or hardware, outages also may be the result of hardware or software failure or external network failures, etc.
• • The customer will not hold Syron Technologies responsible or liable for any interruption or delays or degradation to services. Where provision of a service involves the use of a third party service, for example a carriage service or a domain name service, the customer understands that Syron Technologies has no responsibility for the performance or non-performance of these services.
• • No service need be provided by Syron Technologies without either a signed application form or an online application form submitted and appropriate consent to enter into a legal contract bound by these and other relevant terms and conditions.
• • Unless prior credit arrangements are in place Syron Technologies has the right to refuse to provide a service or suspend a service or terminate a service that is not paid for in advance.
• • Syron Technologies reserves the right to refuse an existing account an application for a service.
• • Syron Technologies reserves the right to provide sales and support to existing and potential customers via the internet and postal mail only.
• • Due to changing technology and other such circumstances Syron Technologies reserves the right to modify the nature and type of services provided as it sees appropriate.

5. RESPONSIBILITY AND TERMINATION

• • Syron Technologies reserves the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another user online, or attempts to interfere with the smooth running of the Internet or Syron Technologies services. We reserve the right to discontinue, without refund or notice, any account or service where usage of the account or service is deemed to be an abuse, and we will charge the customer for costs incurred by any such abuse.
• • What constitutes "abuse" will be entirely determined by Syron Technologies. Abuse includes but is not limited to, misrepresentation harassment or defaming of others, hacking, propagating viruses, port scanning, password guessing, excessive download/uploads or excessive connection time, threats of violence, Syron Technologies vilification, breach of any statute or law from anywhere around the world, unauthorised access etc.
• • You can not publish or post or propagate RC or adult material using a Syron Technologies service.
• • Any event which causes a degradation or interruption of a service may be blocked or terminated or interfered with as Syron Technologies sees fit. This includes but is not limited to events of the nature of flooding of links or disks, bombardment of emails, SPAM, excessive cpu usage, process table flooding, virus activities, privacy invasion, ping floods, hacking or attempts at unauthorised access, etc.
• • SPAM or any bulk unsolicited consumer Syron Technologies email/news postings are not allowed and are just cause for termination without notice or refund.
• • We DO NOT allow IRC or IRC bots to be operated on our servers. This includes any application that utilizes Raw Sockets and/or ICMP Packets to short-circuit the TCP/IP stack.
• • Where a password is required to use a service, the customer must not disclose the password to any third party and must keep secret at all times that password and prevent any unauthorised use of a Syron Technologies service protected by that password.
• • Where a service is provided without a password the customer must ensure that no unauthorised use of that service occurs.
• • The customer understands that where a password has been revealed or compromised or unauthorised use of a service occurs that the customer is still liable for any charges or consequences that may arise from that use.
• • Where a customer believes a password has been revealed or compromised they must notify Syron Technologies at the earliest possibility.
• • The customer understands that where an authorised third party uses a service provided by Syron Technologies that the customer has a responsibility for ensuring that the third party understands and abides by these terms and conditions.
• • Where third party use is not permitted the customer warrants not to permit any third parties from using that service.
• • Specifically Syron Technologies accepts no responsibility for the customers end of an access service or for the performance of any telecommunication or carriage or other service used to access our services.
• • Syron Technologies reserves the right to immediately suspend a service or refuse supply without notice if it believes that the customer may in any way not meet its obligations to pay for the services as they fall due.
• • Syron Technologies reserves the right to demand what it considers an appropriate bond to be held as guarantee by Syron Technologies where the customer has a history of late or non payment before a service will be resupplied or continuation of supply is to occur.
• • The customers understand that accounts and services are not transferable and that they are liable for and are bound by these terms and conditions regardless of any third party use of a Syron Technologies service.

6. NO LIABILITY

• • The customer fully indemnifies Syron Technologies, its employees, officers, directors, contractors and any other representatives against any proceedings, action, loss, damages or claims or other events which may arise from the customer’s account(s) or use, misuse or non-use of a service, product or goods supplied by Syron Technologies including, but not limited to, copyright breaches, defamatory comments or events, Syron Technologies vilification, intellectual property infringements, illegal pornographic material, actions that contravene export controls, threatening or violent actions or behaviour or any other unlawful event in any part of the world where they may be unlawful.
• • In relation to a claim Syron Technologies may require you to conduct the defence and bear the cost of any legal proceedings or compensations or other events that are the results of your actions or inactions or failure to meet these terms and conditions.
• • The customer agrees to take full responsibility for any content that is published using a Syron Technologies service. In any event Syron Technologies sole liability will be limited to the cost of the service it supplies or its resupply where Syron Technologies chooses to.
• • Where a service level agreement is in place that has not been met by Syron Technologies it is the customer responsibility to lodge a claim within 7 days under that agreement.
• • Any compensation resulting from a service level agreement will be considered paid by crediting the customer’s account with the appropriate amount.
• • Syron Technologies reserves the right to remove or block access to any content published, posted or propagated by the customer using a Syron Technologies service, where there is a breach of these terms and conditions or as required by a relevant authority, or where there is a breach of a right such as intellectual property or any other event.
• • The customer warrants not to hold Syron Technologies liable for any loss or damage or liability in the event or such blocking or removal of content.
• • The customer understands that full editorial control over its content remains with the customer.
• • The customer warrants to protect any accounts, services provided by Syron Technologies, from fraudulent or illegal use.
• • The customer warrants that all information provided to Syron Technologies is truthful and correct and accurate and up to date and that the person designated is of above 18 years of age and is legally empowered to act and enter into this contract as the customer or on behalf of the customer as indicated on the relevant application form.
• • The customer warrants that all information that may be relevant to the provision of service by Syron Technologies is disclosed by the customer to Syron Technologies prior to such provision and that any false or misleading or incomplete information provided is grounds for termination without notice.
• • The customer warrants that no person under the age of 18 years will use a service provided by Syron Technologies without parental supervision.
• • The customer understands that Syron Technologies is in no way responsible for the content of the Internet or information or actions or events which may be carried by, or from, or to, a third party or the customer or Syron Technologies using any Syron Technologies service.
• • The customer understands that exposure to viruses and other harmful events may occur when accessing the general Internet and dealing with such events is outside the responsibility of Syron Technologies and that it is entirely the customer’s responsibility to deal with such exposures. Syron Technologies will endeavour to maximise availability of its services, but accepts no responsibility for either our own or third party failures, or any other events which may interrupt, delay or degrade the service, or any consequential or ongoing loss, damage, claim or liability to the maximum extent permissible by law.
• • It is the customer’s responsibility to ensure that a current active email address is supplied to Syron Technologies for the delivery of correspondence.
• • Syron Technologies will also provide invoices online and it is the responsibility of the customer to periodically check what their account balance is and pay in full any invoices including any taxes by the due date. Payment terms will be provided with your invoices, and we reserve the right to charge whichever is the greater of $10 or 5%/month, as interest on late payments. Any or all services may also be suspended or terminated at Syron Technologies discretion until payment including any tax is received in full.
• • All moneys paid to Syron Technologies need not be refunded.
• • The customer is required to inform Syron Technologies in writing giving signed notice, by way of fax or normal postal mail or by hand delivery, to terminate a service.
• • The customer understands that suspension of an account or service by Syron Technologies does not terminate this contract or the customer’s obligations under this contract.
• • In the event of an act of major catastrophe such as earthquake, riot, civil disorder, floods or other major disaster Syron Technologies reserves the right to null and void this contract.
• • Syron Technologies reserves the right to suspend an account via way of blocking supply or access to a service. Notice will endeavour to be made via email with reasons prior to such suspension. Where such notice fails or is not received the blocking of supply or service will be deemed to constitute notice.
• • The customer understands that once an account has been put on hold or suspended it is the customers responsibility to contact Syron Technologies to either terminate or correct any causes for the suspension prior to reestablishment of the supply of a service.
• • Once Syron Technologies suspends an account the customer waives any right under any service level performance agreements or right of access or supply until such time as the customer demonstrates to Syron Technologies that the reasons for suspension have been dutifully addressed to Syron Technologies satisfaction.
• • If this agreement is terminated by Syron Technologies, Syron Technologies will notify you of such termination via email, and notwithstanding such notification Syron Technologies may immediately deny supply or access to any of your accounts or services.
• • Once a service is terminated, Syron Technologies has the right to remove any content, public or private, that you may have published, posted, propagated and/or received. Any rights or licences to content granted to Syron Technologies survive the termination of this contract.
• • The customer understands that Syron Technologies cannot guarantee provision of a domain name or the timeliness of provision for domains and that rules and regulations outside of Syron Technologies control and govern the use, fees and issuing of domains.
• • The customer also understands that domain name applications are not an instantaneous process and that while a domain may appear to be available, by the time the application is processed and forwarded the domain may no longer be available.
• • The customer agrees to provide truthful, correct, accurate and up to date information for any services which Syron Technologies will assist in procuring or procure on behalf of the customer.
• • The customer understands that transfer of domain names is outside the responsibility of Syron Technologies and that it is the customer’s responsibility to authorise and finalise transfer of domain names to and from Syron Technologies.
• • The customer agrees that by activating an online event (such as clicking an "I Agree" button) which incorporates agreement to these terms and conditions that this event legally binds them as if they had signed this contract and given full legal consent to be bound by these terms and conditions and any other relevant terms and conditions.
• • Syron Technologies will perform regular backups of any web material published to a mirror disk where appropriate. Syron Technologies may also backup such material to tape. In the event of a disaster such as hardware failure, Syron Technologies will attempt to recover from any backups the customer’s web content. Where such recovery fails for whatever reason the customer must be prepared to re-upload to our service any such content.
• • The customer understands that due to the dynamic content of email activities, email spools are not backed up and that there is no guarantee of receipt of any email items.
• • Where a customer posts or publishes content, public or private, using a Syron Technologies service, Syron Technologies will endeavour to ensure such delivery or publication occurs but can make no guarantee of delivery or publication once the content leaves Syron Technologies direct realm of control or is interfered with by an event outside Syron Technologies control.
• • The customer understands that any service level agreements exclude any events outside of Syron Technologies control.
• • The customer understands that they must maintain their own copy of any content published via a Syron Technologies service and that Syron Technologies should never be used as any "master" or primary or critical copy of any content. Where a customer loses material and requires Syron Technologies to recover such material from backups Syron Technologies may charge for this service if it is able to provide it.
• • The customer understands that no intellectual property rights are assigned to the customer in the use of a service provided by Syron Technologies unless otherwise specifically contracted.
• • Likewise none of the customer’s intellectual property rights are assigned to Syron Technologies via the use of a service provided by Syron Technologies unless otherwise specifically contracted.
• • Where a tax is payable on the provision of a service or product or goods the customer warrants to pay that tax in full to Syron Technologies as it falls due.
• • You hereby grant to Syron Technologies and warrant that you have obtained all authorisations, licences and consents necessary for Syron Technologies to perform its obligations and exercise its rights under these terms and conditions. Syron Technologies reserves the right to modify these terms and conditions from time to time and will make available any such changes by posting them to the Internet. Any such changes are effective from the date they are so posted.
• •This contract is governed by the laws in force in the state of Queensland in the Commonwealth of Australia.

If you have any further questions about our Terms and Conditions please contact us