Graypower Web Designs agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Graypower Web Designs constitutes acceptance and agreement to Graypower TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Graypower.   The AUP (Acceptable Use Policy) may be changed from time to time at the discretion of Graypower. Subscriber understands that  change to the AUP by Graypower shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Queensland of Pike applicable to contracts enforceable in this state.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of Graypower for illegal activities. Therefore, Subscriber agrees that Graypower may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Graypower shall have the right to terminate all service set forth in this Agreement.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by Graypower of payment of stated charges.  The above applies to all accounts and services provided by Graypower Web Designs.

Payment:   Accounts not paid by the due date will be suspended. Accounts not paid by due date are subject to a $10.00 late fee.    Accounts that are not collectable by Graypower Web Designs may be  turned over to an outside collection agency for collection. If your account is turned  over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the  proper procedure to do this as outlined in this TOS.Terms of

Refund and Disputes: All payments to Graypower Web Designs are non refundable.   All overcharges or billing disputes must be reported within 60 days of the time the dispute.   Graypower will fight all charge backs that we deem to have been valid charges.   If you use our service, we will fight charge backs all the way.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus  reasonable interest and any collection fees.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain.  Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.    Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

 Se

Transfer of Domains:
New web hosting accounts which involve the transfer of a domain from another

provider to Graypower will require a minimum of seven (7) days  to be set up and entered into our DNS servers. In some cases, such transfers may  take up to sixty (60) days. Due to the unpredictable nature of the transfer process,  no guarantees are made regarding the amount of time a specific transfer may take.

If the transfer of the domain is done by Graypower on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

Support Boundaries:
Graypower provides e-mail  support to subscribers Monday through Saturday, and emergency support on Sundays. We limit our technical support to our area of expertise. The following is our guidelines when providing support:

Graypower provides support related to your server or virtual site physical functioning. Graypower does not offer tech support for application specific issues such as cgi programming, html or any other such issue.

Graypower does not provide technical support for YOUR customers.

Commercial Advertising/ Mass Mailings:
You must not use the Graypower with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited  email messages. Your Domain may not be referenced as originator, intermediary, or  reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Graypower. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who  has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, Graypower eserves the right to disable your Domain. In addition, Graypower may impose a $100 penalty for each spam policy violation. Graypower solely reserves the right to refuse or cancel service to known spammers.

Lastly, Graypower reserves the right to determine what violates  this policy. As such, any violation may result in cancellation of services without refund.

Adult Content:
Adult-oriented sites are not allowed. This includes sites that are associated with

bestiality or child pornography, sites which promote hate against any group. Sites of such nature will be removed immediately and you will not be refunded. This is also true  for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Background Running Programs
Background Daemons in general are prohibited. Graypower will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC:   Graypower currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers on the Graypower servers. Users violating this policy will are subject have their accounts suspended without refund of any unused hosting time.

System and Network Security: Users are prohibited from violating or attempting to

violate the security of the Graypower. Violations of system or network security may result in civil or criminal liability. Graypower will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to

breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without  limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any

 e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Attempting to couple many hosting packages together to take advantage of

massive space or bandwidth allocations.   Each hosting package purchased is unique  to a domain name and use - please do not purchase multiple "plan 1's" for instance  to get the combined bandwidth & space.  Graypower will stop such transactions and label them as deceptive.  We have an upgrade path for all services and we can often times work out special deals for users if they

ask us for the assistance.

Notification of Violation:

Graypower is under no duty to look at each customer's or user's  activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which Graypower determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Graypower discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Graypower determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or  Denial-of-Service complaints if it is clear that the offending activity is causing great

harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network.   In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: Graypower reserves the right to suspend network access to any customer if in the judgment of the Graypower network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Graypower chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Graypower reserves the right to amend its policies at any time.  Failure to follow any term or condition will be grounds for immediate Cancellation.

Indemnification: Graypower wishes to emphasize that in agreeing to the Graypower Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Graypower for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Graypower or the bringing of any claim against

Graypower by any third-party. This means that if Graypower is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Graypower, plus all costs and Solicitors fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of  preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers

 rights under this contract at anytime without further obligation.

Graypower takes no responsibility for any material input by others and not posted to the Graypower Network by Graypower. Graypower is not responsible for the content of any other websites linked to Graypower;  links are provided as Internet navigation tools only. Graypower disclaims any responsibility for any such inappropriate use and any liability to any  person or party for any other person or party's violation of this policy.

Graypower responsible for any damages your business  may suffer. Graypower does not make implied or written warranties for any of our services. Graypower denies any warranty or merchantability for a specific purpose. This includes loss of data  resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Graypower.

Responsibility for Content: You, as a Graypower customer, are solely responsible for the content stored on and served by your Graypower server.
 

Acceptable Use Policy:

Graypower Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Graypower expects of them while using the service. All users of Graypower Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Graypower Service constitutes acceptance and agreement to Graypower AUP as well as TOS (Terms of Service)
 

IMPORTANT NOTICE: *All Payments To Graypower Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Graypower may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil  wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Graypower account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Graypower Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Graypower AUP:

Ensure reliable service to my  customers.

Ensure security and privacy of our systems and network, as well as the  networks and systems of others .
Comply with existing laws.
Maintain my reputation as a responsible service provider.
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Graypower.
Preserve the value of Internet resources as a conduit for free expression and exchange of information.
Preserve the privacy and security of individual users.
Graypower intends to provide its customers access to everything the Internet has to offer. While Graypower is firmly committed to the principles of free speech, certain activities that may  be damaging to the resources of both Graypower and the

Internet and cannot be permitted under the guise of free speech. The resources

of Graypower and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated server or virtual site to publish material, which

Graypower determines, at its sole discretion, to be unlawful,  indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Graypower account is used to violate the Acceptable Use  Policy or our TOS, we reserve the right to terminate your service without notice.  We prefer to advise customers of inappropriate behavior and any necessary corrective  action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever  reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access

responsibly. If you have any questions regarding this policy, please contact us at graypower@optusnet.com.au

VIOLATIONS OF Graypower ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

Illegal use: Graypower services may not be used for illegal purposes, or in support of illegal activities. Graypower reserves the right to cooperate with legal authorities and/or injured third parties in the  investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the Graypower service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of Graypower service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of Graypower service to transmit any material  (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Graypower service to make  fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."  Forgery or impersonation: Adding, removing or modifying identifying network  header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute  impersonation.   Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Graypower to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Graypower account.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the  offending Graypower account.

E-mail / Message Forging: Forging any message header, in part or whole, of any

electronic transmission, originating or passing through the Graypower service is in violation of this AUP.

Usenet Spamming: Graypower has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements,  which violate the rules, regulations, FAQ or charter of any newsgroups or  mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of the Graypower service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Graypower or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Graypower account is subject to immediate termination.

Copyright or trademark infringement: Use of the Graypower service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of the Graypower service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the Graypower service for any activity which affects the ability of other people or systems to use Graypower Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services

or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their  network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Graypower will not tolerate any subscriber attempting to access the accounts of others, or penetrate security  measures of other systems, whether or not the intrusion results in corruption or  loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or

activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual

Property Right: Distribution and/or posting of copyrighted or the aforementioned

infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate  termination of the offending account.
 

Inappropriate Use of Software: Use of software or any device that would facilitate

a continued connection, i.e. pinging, while using Graypower services could result in suspension service.

Third Party Accountability: Graypower subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Security:   You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore,  you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of

another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep

your password secure.  Sharing your password and account access with unauthorized users is prohibited. You  should take care to prevent others from using your account since you will be held  responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may  result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use

of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly  authorized to access, or probing the security of other networks. Use or

distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.  You may not attempt to interfere with service to  any user, host or network ("denial of service attacks"). This includes, but is not  limited to, "flooding" of networks, deliberate attempts to overload a service, and  attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability.

Graypower will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating  with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance:    Graypower accounts operate on shared resources.  Excessive use or abuse of these shared network resources by one customer  may have a negative impact on all other customers. Misuse of network resources  in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.   You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive  programs which negatively impact other customers or the performances of Graypower systems or networks. Graypower reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF: Graypower AUP.   Graypower requests that anyone who believes that there  is a violation of this AUP direct the information to graypower@optushome.com.au

If available, please provide the following information:

The IP address used to commit the alleged violation

The date and time of the alleged violation, including the time zone or offset from GMT

Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above  information. Graypower may take any one or more of the  following actions in response to complaints:

Issue written or verbal warnings
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY

Graypower reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will  be posted in accordance with our TOS (Terms of Service).