This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by 1AVIP.net (the "Services"). As used in this Agreement, "AVIP" means 1AVIP.net & AVIP.biz and "Client", "you", or "your" means you. By signing up for our services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the AVIP site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "AVIP Site" refers to the Site located at the URL http://www.1AVIP.net, or any other sites owned or maintained by AVIP.


AVIP provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

• Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any AVIP server in connection with Client's use of the Services which:
  
  • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of AVIP or any third party;
  • violate any state, federal or foreign laws or regulations;
  • are defamatory, slanderous or trade libelous;
  • are threatening or harassing;
  • are discriminatory based on gender, race, age or promotes hate
  • violate any AVIP policy posted on the AVIP Site including, but not limited to, our
    • Acceptable Use Policy,
    • Adult Content Policy,
    • UCE (SPAM) Policy, and
    • CGI Abuse Policy.
  • contain viruses or other computer programming defects which result in damage to AVIP or any third party.
• Bandwidth. Client may occupy only the amount of disk space on the AVIP Server and utilise no more than the network bandwidth that is allocated by AVIP. Additional fees, specified in the Virtual Host plans pages, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. [ - - - see also Bandwidth Allocation extras available].
  NOTE: Our servers are now set to automatically remove access to websites where the allocation in the client's plan has been reached for the month.
• No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at AVIP, or otherwise, that mentions or reference any domain hosted on AVIP servers or parked on AVIP DNS servers.
  NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will have their services terminated without any refunds and may be fined! Refer to our UCE (SPAM) Policy).
• Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
• Back-Up Files. Client will have the ability to reinstate files which are automatically archived by AVIP; however, AVIP does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel. Extra charges apply for restoring data from backups.
• Multimedia and/or Software Distribution. Such items have the potential of adversely affecting the quality of service experienced by other sites hosted on the server. AVIP does not allow systematic distribution of multimedia (images, sound, video, flash, etc) and software files from its servers. Bandwidth consumed by such items can not exceed 20% of the total traffic generated by the web site.
• Termination. AVIP reserves the right to refuse service to anyone at any time. AVIP, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. Any balance due to cancellation for violation of the above, is forfeited. To report any unacceptable behavior by a third party using the Services, please contact AVIP's abuse department.

• Prompt Payment. Client must promptly remit payment to AVIP when it is due.
  All Hosting and Domain Registration fees are payable in advance unless prior arrangements have been made in writing.
  If payment or credit authorisation is not received by the date due, AVIP reserves the right to delete all content from the Client's website and make it inaccessible to Client. Re-activation of accounts and access to services may incur a set-up fee !
  Furthermore, AVIP shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.
• Domain Names. If Client chooses to register a domain name(s) through AVIP, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. AVIP does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

• The parties agree that in no event shall AVIP be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless AVIP from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

• Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect for a period of no less than three (3) months unless otherwise specified by separate agreement (the "Term") or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon 30-day notice to the other party. If Client is terminating this Agreement, Client must request cancellation by writing to admin@1avip.net. In order for the cancellation request to be processed, Client must supply the last 4 digits of the credit card used to sign up for the account, in order to authenticate the account cancellation request. All Client cancellation requests will become effective 30 days after cancellation notice has been accepted by AVIP. Any other attempt by Client to cancel this Agreement by written notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardising the stability of AVIP's service to other clients, AVIP reserves the right to immediately terminate this agreement. In no case shall any prepaid fees be refunded to Client. By cancelling this agreement, Client understands and agrees that no prepaid fees shall be refunded to Client either in part or whole.

Client will pay and indemnify and hold AVIP harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

THE SERVICES, THE AVIP SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE AVIP SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. AVIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVIP SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY IN NO EVENT SHALL AVIP BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE AVIP SITE OR ANY AVIP PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL AVIP’s CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE DOLLAR (AU$ 1).

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In addition to the AUP - please read the following sections carefully.