The following are terms of a legal agreement between you and ARKNET PTY LTD and its associated companies. By accessing, browsing and/or using anything on this site and the server it’s hosted on, you acknowledge that you have read, understood, and agree to be bound by the terms below and to comply with all applicable laws and regulations. If you do not agree to these terms, don’t use this site.
1. Authorization
The client authorizes ARKNET PTY LTD to conduct an evaluation of the machine sent to determine the nature of the damage and provide an estimate of repair cost and timing. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval.
The client authorizes ARKNET PTY LTD, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
2. Legal Rights
The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to ARKNET PTY LTD.
Any property left with ARKNET PTY LTD unclaimed for 90 days, will be disposed of. At which time, ARKNET PTY LTD shall have no liability to the client or any third party.
3. Limited Liability
ARKNET PTY LTD shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.
In no event will ARKNET PTY LTD be liable for any damage to the laptop/desktop, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if ARKNET PTY LTD has been advised of the possibility of damages or loss to persons or property. ARKNET PTY LTD liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.
The client and ARKNET PTY LTD agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at ARKNET PTY LTD option, additional attempts by ARKNET PTY LTD to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of ARKNET PTY LTD services would be much greater if ARKNET PTY LTD undertook more extensive liability.
The client is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of ARKNET PTY LTD, and assumes any and all known risks of injury and property damage that may results.
4. Confidentiality
ARKNET PTY LTD agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client’s equipment except to employees or agents of ARKNET PTY LTD subject to confidentiality agreements or as required by law.
5. Payment
Payment is due in full upon completion of successful repair, prior to the release of the repaired machine (whether shipped or picked up), unless by special previous arrangement.
The client is financially responsible for all shipping costs, customs duties and taxes to and from ARKNET PTY LTD.
We accept PayPal, VISA, MasterCard, and Bank Transfers.
6. Warranty
90 days warranty on Laptops / Desktops / Servers that ARKNET PTY LTD has repaired, ARKNET PTY LTD makes no warranty on data, express or implied, and ARKNET PTY LTD disclaims any data warranty of any kind.
7. Agreement
The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to arbitration, in accordance with the Rules of the Australian business rules. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. The arbitration shall take place in the Country in which the ARKNET PTY LTD laboratory performing the services is located and the laws of the State/County in which such laboratory is located shall apply.
8. No fix, no fee policy
Our no, fix no fee policy means that if the engineer does not possess the necessary technical knowledge or ability to resolve the problem or effect the repair, then no charge is made to the customer, apart from a small diagnoses fee of $30.
If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so by the customer requesting the engineer not to proceed with the work, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.
If the engineer is able to resolve the problem or effect the repair, but is only prevented from doing so because the customer does not possess the required (spare) parts, software CD-Rom or Product Key, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.
If the engineer provides a clear and precise diagnosis of a failed component and the customer decides not to proceed with the replacement of the component, then the customer is charged for the engineer’s time spent to that point – i.e. a minimum of 2 hours.
The policy does not apply to work related to data recovery, computer virus or spyware problems or to cases in which the computer has been struck by lightning or so.
9. Hosting and Domain Names
Domain Registration – Returns and Refund Policy
Due to the nature of domain registrations, we do not offer any returns or refunds after purchase. It is very important to double check the spelling of the domain name before you process the order. Our automated registration system will process the domain exactly as typed. Once a Domain registration has been submitted to the registry for processing we are unable to reverse the process or offer any returns or refunds of any type.
Web Hosting – Returns and Refund Policy
We offer a 30 day cancellation and refund policy for all shared web hosting plans. If you’re not satisfied simply cancel within 30 days to have your money refunded.
If you wish to cancel a web hosting order and receive a full refund please create a support ticket to our sales department with your specific request. This can be done from within the account management area (client portal). Please include the order number and details for the items you wish to cancel and receive a refund for. All cancellation requests must be submitted to us through our ticketing system.
Before cancelling a web hosting package with us, we recommend that you have it set up and functioning elsewhere before making your request. If you have any websites or emails associated with the hosting package you have requested to cancel, they will become non-functional and all your data will be deleted.
Failure to Pay
ARKNET PTY LTD may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
Data Integrity
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on ARKNET Hosting servers).
ARKNET PTY LTD is NOT RESPONSIBLE for any lost files, information or data.
ARKNET PTY LTD makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although ARKNET PTY LTD backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. ARKNET PTY LTD does not guarantee to possess the most current copy of a subscriber’s website in its own backups.
Prohibited Uses.
The uses of ARKNET PTY LTD Services set forth in this section hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber (as determined in the sole discretion of ARKNET PTY LTD) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice and without any refund.
- Spamming. Spamming, whether or not it overloads the Services or disrupts service to ARKNET PTY LTD’s Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt-in. ARKNET PTY LTD requires that all email messages contain an automated opt out. We do not allow purchased lists. ARKNET PTY LTD reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, ARKNET PTY LTD allows a MAXIMUM of 30 emails per hour to be sent from any individual hosting account (unmanaged) and 30 emails per hour to be sent from any individual hosting account (Managed).
- Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
- Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
- Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
- Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. ARKNET PTY LTD is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
- Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
- Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- Anonymous Proxies. ARKNET PTY LTD does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
- Export Control Violations. The exportation of encryption software outside Australia and/or violations of Australia law relating to the exportation of software is prohibited. A subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside Australia without complying with all applicable statutes, codes, ordinances, regulations, and rules imposed by AU state or local law, or by any other applicable law.
- Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ARKNET PTY LTD is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- Other Illegal Activities. The use of the Services to engage in any activity that is determined by ARKNET PTY LTD, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules. ARKNET PTY LTD will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
- BACKUP STORAGE. ARKNET PTY LTD OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE.
- Other Activities. Engaging in any activity that, in ARKNET PTY LTD’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, ARKNET PTY LTD’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of ARKNET PTY LTD’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with ARKNET PTY LTD in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
- Dedicated and VPS Hosting. Except for paragraph 14, relating to resource usage, all of the activities listed in this section are also prohibited on Dedicated and VPS Hosting accounts.
Others Prohibited Uses:
- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to Rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Anonymous or Bulk SMS Gateways
- Bitcoin Miners
Disclaimer
Although all attempts are made to provide accurate, current and reliable information, you should recognize the possibility that errors may exist in the information available on this Web site. ARKNET PTY LTD expressly denies any warranty of the accuracy, reliability, or timeliness of any information made available on this Website, and shall not be held liable for any losses caused by reliance upon the accuracy, reliability, or timeliness of the information. A person who relies on information made available on this Website does so at the person’s own risk.
Before following any advice or installing any software or hardware recommended or mentioned on this site, you are strongly encouraged to do a full backup of your data and system. ARKNET PTY LTD shall under no circumstances be responsible for data loss or system failure.
Services and products advertised on this site may be modified or discontinued without prior notice. Prices for services or products are subject to change without prior notice.