• "WebGenesis" is a registered trading name of GammaEzoo Pty Ltd, ABN 59 117 386 035.
• "Account" means an account provided to use a service supplied by WebGenesis.
• "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 WebGenesis. "You" and "the customer" may be used interchangeably.
• "Service", "Supply", "Product", "Goods" means the services or products for which WebGenesis 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.
• 1Mb (one megabyte) is equal to 1,000,000 bytes for billing purposes.
• Plurals include singulars and vice versa.
• Masculine include feminine and vice versa.

Agreement

• This document is the general terms and conditions. Other more specific terms and conditions may apply to specific products and/or services.
• Provision to WebGenesis products and services is through an account applied for by a customer who may be a reseller and dully approved by WebGenesis. WebGenesis reserves the right to refuse any application for whatever reason.

Privacy

• WebGenesis will endeavour not to release any information collected about you to a third party.
• WebGenesis will not sell its database of customer details or details about customers to a third party.
• We also respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities unless directed by a court of law.

General Service

• The customer understands that any services provided are not continuous or faultless or error free and that interruptions, 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 WebGenesis 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 WebGenesis has no responsibility for the performance or non-performance of these services.
• No service need be provided by WebGenesis without either a signed application form or an online application 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 WebGenesis has the right to refuse to provide a service or suspend a service or terminate a service that is not paid for in advance.
• WebGenesis reserves the right to refuse an existing account an application for a service.
• Due to changing technology and other such circumstances WebGenesis reserves to modify the nature and type of services provided as it sees appropriate.

Responsibility and Termination

• WebGenesis 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 WebGenesis's 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 WebGenesis. Abuse includes but is not limited to, hacking, propagating viruses, port scanning, password guessing, threats of violence, racial vilification, breach of any statute or law from anywhere around the world. unauthorised access etc.
• You can not publish or post or propagate adult material using a WebGenesis service, unless permitted by the laws of New South Wales.
• Any event which causes a degradation or interruption of a service may be blocked or terminated or interfered with as WebGenesis 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 commercial email/news postings are not allowed and are just cause for termination without notice or refund.
• 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 WebGenesis 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 WebGenesis at the earliest possibility.
• The customer understand that where an authorised third party uses a service provided by WebGenesis 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 WebGenesis 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.
• WebGenesis 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.
• WebGenesis reserves the right to demand what it considers an appropriate bond to be held as guarantee by WebGenesis 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 customer understands that accounts and services are not transferable and that they liable for and are bound by these terms and conditions regardless of any third party use of a WebGenesis service.

No Liability

• The customer fully indemnifies WebGenesis, 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 customers account(s) or use, mis-use or nonuse of a service, product or goods supplied by WebGenesis including, but not limited to, copyright breaches, defamatory comments or events, racial vilification, intellectual property infringements, illegal pornographic material, actions that contravene export controls, threatening or violent actions or behavior or any other unlawful event in any part of the world where they may be unlawful.
• In relation to a claim WebGenesis 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 WebGenesis service. In any event WebGenesis's sole liability will be limited to the cost of the service it supplies or its resupply where WebGenesis chooses to.
• Where a service level agreement is in place that has not been met by WebGenesis 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 customers account with appropriate amount.
• WebGenesis reserves the right to remove or block access to any content published, posted or propagated by the customer using a WebGenesis 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 WebGenesis 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 WebGenesis, from fraudulent or illegal use.
• The customer warrants that all information provided to WebGenesis 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 WebGenesis is disclosed by the customer to WebGenesis 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 WebGenesis without parental supervision and or filter software used to protect the minor.
• The customer understands that WebGenesis 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 WebGenesis using any WebGenesis service.
• The customer understand 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 WebGenesis and that it is entirely the customers responsibility to deal with such exposures.
• WebGenesis 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.
• The customer understands WebGenesis will send invoices to the customer via email.
• It is the customers' responsibility to ensure that a current active email address is supplied to WebGenesis for the delivery of invoices.
• WebGenesis 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 which ever is the greater of $10 or 5%/month, as interest on late payments. Any or all services may also be suspended or terminated at WebGenesis's discretion until payment including any tax is received in full.
• All moneys paid to WebGenesis need not be refunded.
• The customer is required to inform WebGenesis in writing giving signed 30 days notice, by way of fax or normal postal mail or by hand delivery, to terminate a service. Email or verbal notice is not acceptable as we require a real signature. Until this is done, the customer understands they are still incurring monthly or any other contractual charges and fees even if a service is suspended.
• The customer understands that suspension of an account or service by WebGenesis does not terminate this contract or the customers' obligations under this contract.
• In the event of an act of major catastrophe such as earthquake, riot, civil disorder, floods or other major disaster WebGenesis reserves the right to null and void this contract.
• WebGenesis 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 WebGenesis to either terminate or correct any causes for the suspension prior to reestablishment of the supply of a service.
  Once WebGenesis 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 WebGenesis that the reasons for suspension have been dutifully addressed to WebGenesis's satisfaction.
• If this agreement is terminated by WebGenesis, WebGenesis will notify you of such termination via email, and notwithstanding such notification WebGenesis may immediately deny supply or access to any of your accounts or services.
• Once a service is terminated, WebGenesis 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 WebGenesis survive the termination of this contract.
• The customer understands that WebGenesis can not guarantee provision of a domain name nor the timeliness of provision for domains and that rules and regulations outside of WebGenesis control 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 WebGenesis will assist in procuring or procure on behalf of the customer.
• The customer understands that transfer of domain names is outside the responsibility of WebGenesis and that it is the customers responsibility to authorise and finalise transfer of domain names to and from WebGenesis.
• The customer agrees not to resell any services provided by WebGenesis without an appropriate application form duly submitted and approval granted by WebGenesis.
• Where a service has been resold through you any obligations falling on you are to be forwarded and made clear, obvious and binding on the entity that the service is resold to.
• A reseller warrants not to resell a service in such a way that the use of the service breaches these terms and conditions.
• 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.
• WebGenesis will perform regular backups of any web material published to a mirror disk where appropriate. WebGenesis may also backup such material to tape. In the event of a disaster such as hardware failure, WebGenesis will attempt to recover from any backups the customers web content. Where such recovery fails for whatever reason the customer must be prepared to reupload to our service any such content.
• The customer understand 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 WebGenesis service, WebGenesis will endeavour to ensure such delivery or publication occurs but can make no guarantee of delivery or publication once the content leaves WebGenesis's direct realm of control or is interfered with by an event outside WebGenesis's control.
• The customer understand that any service level agreements exclude any events outside of WebGenesis's control.
• The customer understands that they must maintain their own copy of any content published via a WebGenesis service and that WebGenesis should never be used as any "master" or primary or critical copy of any content. Where a customer loses material and requires WebGenesis to recover such material from backups WebGenesis 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 WebGenesis unless otherwise specifically contracted.
• Likewise none of the customers intellectual property rights are assigned to WebGenesis via the use of a service provided by WebGenesis unless otherwise specifically contracted.
• All pricing is subject to change with 30 days notice. Please check the WebGenesis web site for latest details. Title to any goods provided by WebGenesis, remain the property of WebGenesis until payment is received in full.
• 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 WebGenesis as it falls due.
• You hereby grant to WebGenesis and warrant that you have obtained all authorisations, licences and consents necessary for WebGenesis to perform its obligations and exercise its rights under these terms and conditions.
• WebGenesis will automatically rebill a customer's credit card, where credit card details have been provided unless otherwise informed.

WebGenesis 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 New South Wales in the Commonwealth of Australia.