Service Terms

MoreDriven’s Standard Terms & Conditions also apply. Please read our Standard Terms & Conditions carefully as they contain exclusions of liability and also include indemnities from you to MoreDriven.

1. Domain Names

1.1 Domain Name Parking

  1. Pricing of this service excludes any domain name registration charges imposed by domain name registration authorities.
  2. Additional charges apply for web hosting.
  3. If you register a new domain name through MoreDriven at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply. Please read our Domain Name Registration Product Terms (provided upon registration) carefully.
  4. Domain parking is billed per annum at time of service establishment and no refunds apply if the service is cancelled within the 12 month term.

1.2 Domain Name Registration

  1. Domain Name Registration does not provide you with the facility to change your DNS entries. Customers requiring this functionality should upgrade to a Domain Parking account. Additional charges apply for domain parking or web hosting.
  2. You agree that you have read and accept the applicable registrant agreements for the domain name you licence issued as follows:
    • .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement
    • .org.au and .asn.au can only be registered by a “non-commercial organisation”. The domain name you register needs to have a solid relationship to the organisation to which it represents. View the .au Domain Registrant Agreement
    • .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant’s personal name or otherwise closely connected to the registrant. View the .au Domain Registrant Agreement
    • .com and .net domain names are not restricted and can be registered by anyone. View the .com, .net Domain Registrant Agreement
    • .biz, .org and .info domain names are not restricted and can be registered by anyone. View the .biz, .org, .info Domain Registrant Agreement
    • New gTLD include a number of generic spaces (.photography, .technology, .club etc.) and certain geographical names (.kiwi, .melbourne etc.). Eligibility restrictions may apply to each space — please check on our website and the New gTLD Domain Registration Agreement for further information. View the New gTLD Domain Registration Agreement
    • .nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them – there are no restrictions on .nz domain names. View the .nz Domain Registrant Agreement
    • .uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them – there are no restrictions on .uk domain names. View the .uk Domain Registrant Agreement
    • .mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.
  3. Our registrar, Netregistry is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, Netregistry is required to incorporate mandatory terms and materials into these Product Terms. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood the following documents, and you agree to bound by them:
    1. Mandated Provisions for gTLD Domain Name Registrations (ICANN RAA 2013 — Section 3.7.7)
    2. Registrants Rights and Responsibilities
    3. Educational Material by ICANN
  4. You agree that in the event of a dispute about a TLD, you will submit to and are bound by the Uniform Domain Name Dispute Resolution Policy (UDNDRP) and the Rules for UDNDRP.
  5. You agree that in the event of a dispute in registering a .au domain or about a .au domain after registration, you will submit to and are bound by the .au Dispute Resolution Policy (auDRP) and any variations to it from time to time bind MoreDriven.
  6. In registering, renewing or re-delegating a domain on your behalf, MoreDriven is acting as a reseller of its registrar, Netregistry.
  7. You agree that by maintaining the registration of a domain name after changes or modifications to the applicable policies become effective, you are confirming your continued acceptance of these changes and modifications.
  8. MoreDriven makes no representation and gives no warranty about your chosen domain name being available for registration, renewal, re-delegation or use by you.
  9. In respect of .au domains, you acknowledge that MoreDriven is not able to renew your domain name and is not liable for any loss or damage resulting from non-renewal of your domain name if you do not provide any warranty required and confirm to us that the domain name should be renewed.
  10. MoreDriven may refuse to renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of MoreDriven’s services.
  11. You expressly authorise and direct MoreDriven, if MoreDriven is able to do so, to: (a) be nominated as authorised billing contact for your domain name with the domain name registrar; and (b) subject to receipt of your confirmation in respect of .au domains, renew your domain name registration upon receipt of renewal notification from the domain name registrar and invoice you for the relevant charge in accordance with MoreDriven’s list price from time to time.
  12. If you close your account with MoreDriven but do not remove MoreDriven as the reseller of your domain name with the domain name registrar, you agree that we may contact you after account closure to remind you of domain name renewals and to provide marketing material in respect of our services.
  13. You indemnify MoreDriven against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of MoreDriven’s breach of this contract, or its negligent act or omission.

2. Web Hosting

2.1 Plesk Hosting – Basic and Business Hosting Plans

  1. Pricing of this hosting plan excludes any domain name registration charges imposed by domain name registration authorities.
  2. If you register a new domain name through MoreDriven at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply.
  3. Should your web site’s subscription plan data transfer exceed the allocated monthly data limit, you will be charged $0.055/MB excess traffic.
  4. If you server space or email storage exceeds the allocated limit of your hosting subscription plan, you may be charged excess storage fees.
  5. If you are not satisfied with the quality of the service received in respect to your hosting plan you may cancel your service within 14 days of commencement and request a refund for the services fees (“Money Back Guarantee”). Excluded from the Money Back Guarantee are:
    1. Setup or any professional services fees;
    2. Excess storage and traffic charges;
    3. Charges for add-on services;
    4. Domain name charges.

2.2 Virtual Private Servers (VPS) Hosting

Acceptable Use

  1. You and your end users must abide by the terms of our Acceptable Use Policy. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.
  2. You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $10/GB to the nearest whole GB.
  3. The following activities are expressly prohibited:
    1. Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;
    2. Running standalone, automated server-side processes including but not limited to any daemon.
    3. Running any bit torrent application, tracker or client;
    4. Participating in file sharing or other peer to peer sharing activity
    5. Executing any script for longer than 180 seconds;
    6. Executing any database query that takes longer than 30 seconds to complete;
    7. Specifying cron tasks that execute more frequently than every 300 seconds.

Service Levels

  1. MoreDriven warrants that your up-time availability will be at least 99.9% except where failure results from:
    1. Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
    2. Your act or omission or that of a person under your direction or control;
    3. scheduled maintenance completed within the agreed maintenance window;
    4. a requirement, direction or any other order issued by an authority with jurisdiction over the service;
    5. unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.
  2. The up-time service level is not met if:
    1. Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
    2. Latency across the Microsoft Azure IP network exceeds 120 milliseconds, for longer than 300 seconds.
  3. As your sole remedy for failure to meet the up-time service level, we will credit your account with a percentage of the monthly service fees as set out below:
    Outage (in hours) Service Credit (percentage of monthly fees)
    <0.7 – 7.2 10%
    <7.2 – 14.4 20%
    <14.4 – 21.6 40%
    <21.6 – 28.8 60%
    <28.8 80%

Support Services

  1. Your service is defined as “unmanaged” unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.
  2. Your obligations include:
    1. Documentation and prompt reporting of all errors or malfunctions of the hardware or software to us;
    2. Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore systems to the original configuration and you will be responsible for restoration of data.
    3. Maintaining security of your network and applications;
    4. Performing the role of “system administrator” which includes collection of tasks related to utilising system software; maintaining users, websites,email setting; configuration of databases; uploading content and any and all associated programming.
  3. You acknowledge:
    1. Microsoft Windows and Linux operating systems tougher with any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular function;
    2. Technical support is limited to hardware and network failures, unless you have acquired FSP Admin Services. Support relating to software or code is a billable professional service with a minimum charge of 1 hour.
  4. We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.

2.3 Windows Hosting — Economy & Business

  1. Pricing of this hosting plan excludes any domain name registration charges imposed by domain name registration authorities.
  2. If you register a new domain name through MoreDriven at the same time as signing up for this service, the Product Terms of our Domain Name Registration service also apply.
  3. Should your web site’s data transfer exceed burst (or ongoing) data transit of greater than 5MB/sec or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
  4. If you server space or email storage exceeds the allocated limit you may be charged excess storage fees
  5. If you are not satisfied with the quality of the service received in respect to your hosting plan you may cancel your service within 14 days of commencement and request a refund for the services fees (“Money Back Guarantee”). Excluded from the Money Back Guarantee are:
    1. Setup fees;
    2. Excess storage and traffic charges;
    3. Charges for add-on services;
    4. Domain name charges.
  6. The Money Back Guarantee is limited to one claim per customer and does not apply to customers with existing hosting accounts or who have amounts owing under any of their other accounts.

3. Email

3.4 MoreDriven Email Services powered by Microsoft Office 365

  1. MoreDriven’s email service comprises of an email hosting facility operated by our supplier Microsoft Corporation (Microsoft) in conjunction with a domain name registered and supplied separately by you (Supplied Domain Name). MoreDriven is an authorised Microsoft Cloud Solution Provider and reseller of Microsoft products and services. Depending on your service plan, the Service may also include software licences for Microsoft products (Microsoft Software) which will be available to you during the term of Service and revoked at the termination of Service under the Microsoft Cloud Agreement.
  2. You acknowledge and accept that it is your responsibility to register, maintain and renew the Supplied Domain Name associated with the Service. Should the Supplied Domain Name expire or fail for any reason causing the functioning of the Service to be affected, you agree that you will remain liable for any ongoing Service fees.
  3. As a Microsoft Cloud Solution Provider, we will setup and provision a customer tenancy in Office 365 to manage your Domain and mailbox services if not already in place. Additional setup fees may apply.
  4. We will setup and provision your desired email address mailboxes (Mailboxes) on the Service using the Supplied Domain Name and notify you once this has completed. If you wish to add or remove Mailboxes from the Supplied Domain Name, you must contact us to provision such changes. Creation/deletion/modification of Mailboxes may take up to 2 business days to process. Additional charges apply to add or change Mailboxes or alias addresses (in which one Mailbox can have multiple email addresses) associated to your Service.
  5. Mailbox and other Microsoft Office product licensing will only be applied upon customer signing of the Microsoft Cloud Agreement.
  6. You acknowledge and agree that due to technical limitations, the Supplied Domain Name will be configured to operate exclusively with this Service and cannot be used with any other email hosting facility.
  7. This Service does not include data migration support. You acknowledge and accept that it is your responsibility to backup and migrate data between this Service and any other email hosting facility. You agree that we are not responsible for any data loss that may occur during the provisioning of this Service or data migration to/from this Service.
  8. We will provide you with technical support to setup, access and use your Mailboxes as part of this Service. You acknowledge and agree that technical support for Microsoft Software may be limited to online resources only.
  9. You acknowledge you have read and agree to be bound by:
    1. the Microsoft Online Services Terms;
    2. the Microsoft Service Level Agreement;
    3. the Microsoft Cloud Agreement; and
    4. any other terms by Microsoft related to this Service;

    which are incorporated into these Service Terms.

  10. You warrant that:
    1. you have all necessary rights to any software, services or data you may use with this Service; and
    2. your access and use of this Service will not infringe any applicable laws or regulations or third party’s intellectual property rights.
  11. You acknowledge and consent to Microsoft receiving, accessing, transferring, processing and disclosing your personal information and data as required to provide the Service to you in accordance with these Service Terms.
  12. You acknowledge and agree that Microsoft and any affiliated/related entity has the right to require due performance of these Service Terms.

4. Websites Built For You

5.1 Website Builder Service

  1. The Service includes the building and customisation of a website for you (including populating with customized content) (Website) as part of MoreDriven’s professional services offerings (subject to separate customer agreement), hosting and ongoing support of the Website (on a monthly basis and subject to payment of the monthly fees).
  2. You acknowledge and agree that we may perform the Service using our own employees or third party contractors. We may pass on to our employees and contractors any information or materials provided to us which may be relevant to the performance of the Service.We will provide you with a range of pre-existing website templates for you to select from.
  3. During the initial development of the Website, you will be offered up to 3 rounds of minor changes (if required) before settling on a final version for publishing. Should more than 3 rounds of changes be required before publishing, additional change fees may apply. Any significant layout changes or the selection of an alternative template may result in further fees.
  4. Once you have agreed to a final version of the Website, we will publish it on the Internet via a domain name supplied by you.
  5. Specifications of your Website will be determined by your selected Service plan and outlined in the Service Description. The building and customisation of the Website includes the following:
    1. design based on inputs and instructions delivered by you;
    2. adding (including reformatting and resizing) (1) any logo provided by you (or creating a simple type based alternative), or (2) images provided by you;
    3. adding copy provided by you, or writing unique copy based on inputs from you;
    4. changing the design and layout or functionality of any page or the skin (i.e. colour and fonts) based on your review;
    5. editing the search engine optimization meta-data used to optimize the Website for search engines;
    6. integrating any supported social media and video assets you request; and
    7. basic set up of e-commerce features and functionality.
  6. Optional add-ons to add further components or functionality to your Website can also be purchased subject to additional fees (Add-ons). Add-ons will automatically renew on a monthly basis (unless specified otherwise) until they are cancelled by you or the Service is terminated. Full details of Add-ons can be found in the Service Description.
  7. You may supply us with Content for customisation of your Website. All Content must be submitted to us as requested.
  8. If you do not provide adequate Content or point to an existing website or other source of materials, we may proceed to build the Website utilizing category specific pre-produced photos from our Content Library, which may be customize based on the details provided by you (e.g. contact details, description of your business and other relevant information).
  9. Should your selected Service plan include compatibility for a payment gateway system (Gateway), you agree and acknowledge that:
    1. it is your responsibility to select, set up and manage a Gateway which is compatible with our platforms;
    2. any fees or obligations concerning the Gateway is solely your responsibility; and
    3. we will not be responsible for any delays or impacts to the Service caused by the Gateway.
  10. If you have any objections to proceeding with the build and customization of the Website, or to the publication of the approved Website, you must notify us via email in a timely manner and specify the reasons for your objections or resistance (such to be reasonable, and genuine issues raised in good faith). We will investigate those reasons, and attempt to resolve your issues and concerns. If a resolution is unable to be agreed within seven (7) calendar days from the day on which we became aware of your objections, then either party may cancel the Service.
  11. Completion of the build and customisation of the Website in a timely manner depends upon your responsiveness to any of our requests, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Service which occur as a result of your failure to respond as requested or required.

5.2 Fees for Additional Services

  1. Add-on installation fee: custom features outside standard website template, you will be notified the appropriate amount at the time of any such request.
  2. Layout change fee: additional fees will apply to any request for an additional layout design, you will be notified the appropriate amount at the time of any such request.
  3. Additional change fee: A fee is payable for late or additional changes as specified in these terms at the rate of $120 (ex GST) per hour of work (or part thereof) required.
  4. Training fee: For training over the phone, the fee payable to us is $250 (inc GST) per hour.

5.3 Publication of Website

  1. We’ll provide you with an opportunity to review the built Website, and provide us with any revision requests or approve the Website. If the Website is approved, or we receive no response from you within five (5) business days of our request, it will be published on the Internet to the domain name you have provided. The publication of the Website completes our obligations to you under these Service Terms, other than in respect of (1) the Website hosting and email components of the Service, and (2) and the ongoing support of that Website (subject to your payment of ongoing monthly fees for the Service).
  2. You agree you are solely responsible for the back-up of any data, websites or information (including without limitation email files, databases, hosted files etc.) which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your Website.

5.4 Website Hosting Charges and Restrictions

  1. For any Service plan which specifies UNLIMITED hosting data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
  2. For Service plans that have disk space usage limits, should you exceed the allocated limits for your Service (as set in the Service Description), you will be charged excess data and/or storage fees at the rate of $0.099 per megabyte per month.
  3. You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan (if any). All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. For applicable plans, we will provide an online interface allowing authorised users to monitor website data traffic.
  4. You must conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded or downloaded to and from your Service does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, us or our supplier).
  5. All Service plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
    1. Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP, ASP.NET, CGI/PERL, FTP, HTTP, database connections and the like).
    2. Running standalone, automated server-side processes including, but not limited to any daemon.
    3. Running any bit torrent application, tracker or client.
    4. Participating in file sharing or other peer to peer sharing activity.
    5. Maintenance of multimedia files for streaming video or audio in excess of 5 GB.
    6. Online storage and data backups or archives.
    7. Executing any script for longer than 180 seconds.
    8. Executing any database query that takes longer than 30 seconds to complete.
    9. Specifying cron tasks that execute more frequently than every 300 seconds.
    10. The Service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our website hosting plans are expressly prohibited from use as an online file repository.
    11. Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.
  6. We (or our supplier) shall maintain and control ownership of all IP numbers and addresses that may be assigned to you and may change or remove any and all such IP numbers and addresses.
  7. You expressly grant to us and our supplier a licence to cache the entirety of your website, including data and content supplied by you and/or third parties, hosted by us or our supplier under these Service Terms. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence.
  8. In contracting with us for the Services, you do not obtain any rights to the hardware, software or other infrastructure and facilities used by us or our suppliers to deliver the Services.

5.5 Email Services

  1. For any Service plan which includes Microsoft Exchange email services, the following terms apply:
    1. To utilise Microsoft Exchange your email does not have to be currently hosted by us. Migration of your existing mail can also be arranged. Devices and GPRS plan costs are not included with this product. You are responsible for the selection, maintenance and support for your mobile device and GPRS plan to which you connect to the Service(s). Synchronisation via your mobile device with the version of Microsoft Outlook installed on your PC is only available to customers with MAPI access (ie. those customers using Premium Email only).
    2. If your Microsoft Exchange mailbox storage usage and/or Public Folder content storage exceeds the allocated limits for your Service, you agree that you will be charged and will pay excess storage usage at the rate of $0.099 per megabyte per month. Mailbox excess storage is calculated at company level, based on the combined total of the average daily storage usage of each Microsoft Exchange mailbox under the account across the given month. Public Folder content storage is calculated at company level, based on the combined total of the average public folder usage of each Microsoft Exchange mailbox under the account across the given month.
    3. You can add additional Microsoft Exchange mailboxes through the customer interface at any time and will be billed for them. You are responsible for activating any new mailboxes.
  2. For any Service plan which specifies UNLIMITED POP mailboxes (500MB storage allowance per POP mailbox), the following terms apply:
    1. You will be entitled to establish an unlimited number of POP mailboxes through Plesk Control, subject to the terms of these Service Terms.
    2. Each individual POP mailbox is subject to a storage limit of 500MB. You will be charged at $0.099 per megabyte per month for all additional usage, calculated at company level, based on the combined total of the average daily storage usage of each POP mailbox under the account across the given month. A limit of 70,000 email messages per POP mailbox applies, and you agree that we may permanently delete your oldest messages to maintain this limit.
    3. This Service does not include an SMTP outgoing mail service and is the customer’s sole responsibility to obtain such services from a third party if required by you.
    4. Should you cancel the Service or change to a plan that does not include POP email functionality, you agree that all established POP mailboxes and email messages will be permanently deleted.
    5. POP mailboxes are not subject to any service levels provided for the Service (if any).
    6. We reserve the right, in our sole discretion, to suspend your access or use of POP mailboxes with the Service if any other customers are being impacted by your POP mailbox usage. You agree that we have no liability to you or any other party in relation to any such suspension.
  3. For any Service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.

5.6 Intellectual Property

  1. You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied and utilised in the Website. All Content must be submitted electronically, should be copies and not originals, and should be of a high quality standard. Should any files be too large for electronic delivery, you must make arrangements for these to be delivered to us. We reserve the right, in our sole discretion, to refuse to use any Content we believe is objectionable or may infringe upon the intellectual property rights of others, or would be in breach of our Acceptable Use Policy. Unless we have otherwise expressly agreed, we will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. Under no circumstances will we be responsible or liable for any loss of, or damage to, any of your Content.
  2. MoreDriven claims no ownership over your Content. You expressly grant us, and our supplier, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to cache the entirety of the Website (including your Content). You agree that any such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
  3. Additionally, you grant us, and our supplier, a worldwide, perpetual, royalty-free, and sub-licensable license to:
    1. use in connection with producing the Website and delivering the Service, any Content and any pictures, images and voice recordings of the Client’s facilities, properties or products or its employees, agents or clients where created by us (or our supplier) (if any) in the course of provisioning the Service (for clarity, also Content); and
    2. create, publish and use screenshots or depictions of your Website (including any Content) for our marketing activities (for example, creating marketing materials that show screenshots of the Service in which the Website (including any Content) is featured). You may withdraw consent to this use by notifying us in writing at webcentral@websitedoneforyou.com.au, and we will take reasonable steps to process your removal request.
  4. You represent and warrant that:
    1. you have full rights to use, broadcast and distribute the Content and documentary substantiation for all the claims made therein;
    2. Content is truthful and not misrepresentative or misleading and does not plagiarise, libel, defame or harm any party;
    3. your use of the Service will not invade the rights of privacy of any third party or otherwise infringe upon or violate the rights or property interests of any third party; and
    4. you will not use the Service except as permitted by these Service Terms.
  5. You agree you are responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of any licences to us (or our supplier) under this Service Terms.
  6. To the extent your Website contains any copy, images (including logos or photos), or any other content or material from our Content Library (Library Material), then we grant you a royalty-free, non-exclusive, revocable, worldwide license to, for the term of the Service:
    1. use such Library Material on your Website; and
    2. use and create derivatives of your Website (which includes Library Material) in connection with advertising activities relating to you.
  7. Other than permitted under clause 5.5.f, you may not copy, modify, distribute, decompile, sell, rent, sublicense or translate any Library Material or grant any other person or entity the right to do so. Ownership of all Library Material shall remain at all times us or our supplier (or the relevant third party).
  8. Any Websites delivered by us under the Service are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim (1) all liability to you or any third party for any infringement of intellectual property or proprietary rights; and (2) that we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Service (including without limitation the use of Content in your Website).
  9. We are not responsible for any Content contained in your Website, nor are we responsible for your use of the Website. You are solely responsible for ensuring your Website complies will all applicable laws and regulations, and does not infringe any third party’s rights, at all times.
  10. Your access to, and continued use of, the Website is contingent upon, and at all times subject to, payment of the monthly fees for the Service. Except as otherwise expressly stated in these Service Terms, no other rights, titles or interests in the Website are granted to you.

5.7 Indemnity

  1. You agree to indemnify and hold harmless MoreDriven, and its supplier, and their affiliates and their respective officers, agents, partners, directors, shareholders, suppliers, and employees from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys’ fees, which any such party may incur arising out of or relating to:
    1. content or your modification, display and use of the Website;
    2. claims that your products or services are defective, injurious or harmful or violate the rights of any third parties;
    3. claims relating to any Gateway; and
    4. claims predicated on a breach by you of these Service Terms or the Contract.

5.8 Suspension, Cancellation and Termination

  1. You may cancel the Service at any time upon written notice to us. Cancellation will automatically terminate (1) all access to the Website, (2) the Website hosting and email components, and (3) email services included in the Service offering cancellation of the Service will not result in cancellation of any other associated MoreDriven services (eg. SSL certificates etc.). Refunds do not apply for cancellations under this clause 5.7.a.
  2. On cancellation or termination of the Service, all licenses granted to you under these Service Terms shall immediately terminate.
  3. In addition to any other obligation in these Service Terms, upon cancellation or termination of this Service, we may delete all data, including any content, files (including, without limitation, email files, if applicable) from our systems (including any storage media) without any liability to you whatsoever.
  4. We specifically exclude any warranty as to the accuracy or quality of information received by any person via our servers and in no event will we be liable for any loss or damage to any data stored on our servers. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on our servers.
  5. You will conform to the standards made available by us from time to time, including without limitation to our Acceptable Use Policy, and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Service(s) to our detriment or that of our other customers. We reserve the right to suspend your Service at the time of service abuse prior notification, and to terminate post three (3) events of suspension of the Service as a result of ongoing lack of resolution of the issue associated.
  6. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), we reserve the right to terminate Services without prior notification.
  7. In addition to any other rights under these Service Terms, you agree that we may without notice to you remove, amend or alter your data upon being made aware of:
    1. any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party’s rights;
    2. if directed to do so by the Australian Communications and Media Authority under a “take down notice”; or
    3. an outside party or outside device disrupting or attempting to disrupt the Service.
  8. Where we provide a Service to you through a supplier, we may terminate and/or replace such supplier at any time without notice to you but will endeavour to do so with minimal disruption and on substantially the same terms as this Contract. If we are unable to do this, you may terminate your Services within 30 days of being notified of the new terms of Service and we will refund you any fees previously paid by you on a pro rata basis.
  9. If your Service is terminated you must pay all outstanding charges (including, without limitation, excess data transfer and/or disk space charges) and we may delete all data from any storage media. We are under no obligation to provide you with a copy of your data if we have terminated your Service because of your breach. If we provide you with a copy of your data, we are entitled to charge a fee for that service.

5.9 Definitions

Content means any logos, pictures, slogans, art, Customer Data and other materials provided to us in connection with the Service, or which are uploaded/added by you directly through your use of the Service.

Content Library means a repository of pre-produced photos, images, logos, videos and other materials (which may include licensed third party materials).

Customer Data means all information regarding you (including without limitation any listing details, trade name, trade address, phone number, website address, contact information (including telephone, email or other), primary email address(es), contact name etc.) provided by you in connection with the Service.

“Intellectual Property Rights” means all statutory and other proprietary rights (including rights to require information be kept confidential) in respect of know-how, trade secrets, copyright, trade marks, design, patent, semiconductor or circuit layout rights and any application for registration or registration of those rights;

“Open Source Applications” means any third party applications in which the source code is open source;

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