This is an agreement between the end user (referred to hereafter as you or your) and Fullystokedweb (the service provider). If you accept this Agreement without reading it in its entirety, you are still bound by this Agreement in its entirety. The following is the entire service agreement between Fullystokedweb and the personal or corporate account holder (You / Your).
1. SERVICES ('Services') – Fullystokedweb will provide you with a range of services which may include but is not limited to:
Website building services
Web hosting services
Website maintenance services
Domain name purchase and management services
Mobile ready websites
Mobile ready maintenance services
Online advertising services
Online performance analysis services
2. THIRD PARTY SUPPLIERS: You acknowledge and accept that Fullystokedweb utilises and relies on and is bound by the terms and conditions of third party suppliers including Licensors ('Suppliers'). Changes made by these Suppliers to the services we utilise and the agreements they are governed by are accepted by the user. Please contact Fullystokedweb if you would like further information about our suppliers and their terms and conditions.
3. CHANGES TO SERVICES: Fullystokedweb reserve the right to modify this Agreement and/or related agreements at any time. These changes include those made by our Suppliers. Changes will be posted to our website and become effective immediately upon posting. Your continued use of any of the Services constitutes your acceptance of any modifications to this.
As part of the Suppliers provisioning of the Services, updates to the Service will take place from time to time (the "Updates"). Updates are generally designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new capabilities and completely new versions, and may include, but are not limited to, items such as advertising, links to third party offerings, and other promotional content. Fullystokedweb and our Suppliers shall incorporate the Updates at its absolute discretion and you shall agree to receive such Updates on the above terms as part of your use of the Services. You acknowledge and agree that all services are provided on an "as is" and "as available" basis.
4. PLAN: You acknowledge that you have agreed to a payment Plan. The terms and conditions of that plan will be provided by electronic or other forms. You agree to those terms and conditions.
5. PRIVACY POLICY: Fullystokedweb will not sell your personal or financial information to any third parties. Fullystokedweb will not give your personal or financial information to any law enforcement authorities or legal agents without a proper court order, subpoena or warrant. You acknowledge that our Suppliers may collect standard analytical data such as traffic, click flows.
6. COPYRIGHT & TRADEMARK: You understand and agree that all content and materials contained in this Agreement, our Services and those of our Suppliers are protected by the various copyright, patent, trademark, service mark and trade secret laws, as well as any other applicable proprietary rights and laws. Fullystokedweb and its Suppliers reserve their respective rights in and to all such content and materials. You further understand and agree that you are prohibited from using any of the afore-described content and materials without the written permission of the Fullystokedweb and/or our Supplier. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise.
7. Acceptable Use Policy: Fullystokedweb and our Suppliers reserve the right to suspend or terminate services in the event of any of the following:
• If your TLD, website, or the content of your website is (are) alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties;
• If you violate any provision of this Agreement;
• If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
• If you are named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of your use of the Services, the Additional Service or your TLD(s);
• If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of the of Fullystokedweb or its Supplier, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, Licensor, and employees;
• if it comes to the our attention that you are alleged to be using the Services or your TLD(s) for purposes of engaging in, participating in, sponsoring or hiding your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of Australia and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information;
• in the event that the volume of traffic to you using the Mobile Service or Service is sufficient so as to jeopardize the provision of our Service or that of our Suppliers for other end users (for the avoidance of doubt, the volume of traffic generated by you should not to exceed two thousand (2,000) page views per day); THEN,
You understand and agree that Fullystokedweb and/or our Suppliers have/has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to suspend the Service and/or Additional Service, close your account, terminate your use of the Service, or take any other action which the Supplier deems necessary without any compensation to you.
8. USER LIABILITY: Your use of the Service is at your sole risk. You are liable for all content on your site. Fullystokedweb is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate back-up of files and data stored on by Fullystokedweb or its suppliers.
9. AMENDMENTS: You agree to abide by any amendments made to this Agreement, from time to time, as posted at www.fullystokedweb.com
10. E-MAIL: You agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by Fullystokedweb, in its sole discretion, to be offensive, disruptive, obscene or inappropriate, including spam mail (i.e. unsolicited e-mail).
11. USER OBLIGATION: You will at all times keep Fullystokedweb appraised of your current contact and billing information.
12.TRANSFERS: If you transfer the Service being provided under this Agreement to another supplier, the provision of the Service will be interrupted for you, and the Service will not be restored until the necessary records and changes are made. Transfers may incur an administration fee as prescribed in your Plan or other such charges as deemed appropriate.
13. TERM/TERMINATION: The term of this Agreement begins on the date you start using the Service and will remain in effect for as long as you use the Service unless otherwise cancelled, suspended, or terminated according the terms of this Agreement. On termination or expiration of this Agreement for any reason: (i) the license granted herein shall immediately cease, (ii) you shall not make any further use of the Service, and (iii) you must immediately remove all Software from your system and delete any other information, documentation, materials, equipment, property and other items (and all copies of them in any format) belonging to Fullystokedweb or its Suppliers.
Both you and Fullystokedweb have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. Fullystokedweb may terminate this Agreement at any time without notice or compensation to you if you violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm Fullystokedweb or its Suppliers servers or central processing units (CPUs), or engage in any conduct Fullystokedweb deems in its sole discretion to be disruptive or harmful. Termination of Service by you must be done in writing. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. Terminations may incur an administration fee as prescribed in your Plan or as deemed appropriate.
14. NO REPRESENTATIONS OR WARRANTIES: Services are provided as is, without any representations or warranties of any kind either expressed or implied.
15. PAYMENT INFORMATION: You agree to supply appropriate payment for the services received from Fullystokedweb, in advance of the time period during which such services are provided. You agree that until and unless you notify Fullystokedweb of your desire to cancel any or all services received, those services will be billed on a recurring basis as agreed under your Plan. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
16. RENEWAL: Upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise Fullystokedweb otherwise prior to said expiration. Renewal fees must be received by Fullystokedweb within 10 (ten) days of said expiration, failing which your services will be placed on accounting hold. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. If the renewal fees are not received within 21 (twenty one) days of expiration, all information and data associated with the services will be deleted and any domain names will expire and removed without any compensation or notice to you. Fullystokedweb reserves the right to not automatically renew any plan or Service.
17. LIMITATION OF LIABILITY: Fullystokedweb is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the servers, or losses or damages arising from the use of the content or Services provided by or Suppliers in connection with Fullystokedweb. Fullystokedweb is not responsible for any financial losses by you in association with your use of the Services.
Without comprising any other clause in this agreement you agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the your most recent payment under your Plan.
We disclaim any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s)provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, website, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
18. INDEMNITY: You agree to indemnify and hold Fullystokedweb harmless from and against, and to reimburse Fullystokedweb with respect to, any and all losses of every nature whatsoever incurred by arising out of (i) any breach of this Agreement by you; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE.
You agree to release, indemnify, and forever hold harmless, Fullystokedweb and our directors, officers, employees, agents, contractors, shareholders, affiliates and assigns, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising out of or related to your use of our goods or services. This includes, without limitation, any claim, action, proceeding, suit, or demand arising out of or related to: infringement, dilution, or any other illegal activity by you, or a third party's use of our services from your computer and/or account with us; infringement or violation of any intellectual property or other proprietary right of any person or entity; violation of any of our operating rules or policies or terms and conditions of this Agreement or any other agreement relating to the services provided; your application for, registration or renewal of a domain name; or any failure to register or renew a domain name.
You agree to indemnify, defend and hold harmless Fullystokedweb and our suppliers and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to your Services , including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.
You shall promptly provide us written assurances of your indemnification obligation, if we request it. Your failure to provide such assurances will be considered a material breach of this Agreement, and may lead to suspension, transfer and/or deletion of any domain name(s) registered by you.
Your indemnification obligation shall survive the termination or expiration of this Agreement.
19. DISCLAIMER OF WARRANTIES: we do not warrant goods or services purchased or obtained through any of our services, nor any transactions entered through such services. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that our services will meet your requirements, or that the services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results obtained from the use of the services or as to the accuracy or reliability of any information obtained through our services.
You download or otherwise obtain any material and/or data through the use of our services at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We are not responsible or liable in any way for any errors, omissions or any other actions by our suppliers. To the extent some jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
20. GENERAL: This Agreement is governed by and construed in accordance with the applicable laws of the Australia and its States and jurisdictions. The excusing of any provision in this contract does not excuse any other or subsequent provision in this contract. Any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement. This Agreement, together with the other policies prescribed at www.fullystokedweb.com. Any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement. This Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument. Fullystokedweb maintains the right to refuse service if it considers it would be disruptive to its business to provide such service. Any failure of Fullystokedweb in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity or failure of its suppliers. All remedies available to Fullystokedweb under this Agreement survive termination of this Agreement without limitation.