Explorer : Terms and Conditions


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Terms and Conditions

These are the Terms and Conditions for the use of Explorer Domains services.

1. Definitions
"Explorer Domains" means Explorer Domains Pty Ltd (ACN 102 378 316) "Customer" means the person or organisation whose name appears on an Explorer account for any Explorer Domains service, the Customer may be acting as an authorised agent of another person or organisation listed on an application form.
"Service" means the service supplied to the Customer by Explorer Domains, as detailed on the Explorer Domains web site and associated documentation.

2. Confidentiality
The Customer hereby agrees that all confidential information provided by Explorer Domains to the Customer shall not be disclosed by the Customer to third parties without the express consent of Explorer Domains or its authorised agents. Confidential information shall include but not be limited to details of the Service, fees and charges, and terms and conditions under which the Service is provided. The Customer is hereby informed that any information the Customer provides Explorer Domains on application forms for Service may be made publicly available on the Internet.

3. Provision of Service
Explorer Domains shall supply the Service to the Customer. The use of the Service is at the Customers sole risk. Neither Explorer Domains nor any of its agents or employees warrant that the Service will be uninterrupted or error free. Explorer Domains does not accept any liability for loss of data or failure of email delivery cause to the Customer through use of the Service. The Service will be made unavailable from time to time for periods of system maintenance. Explorer Domains cannot and will not monitor or attempt to control the content and information accessed through use of the Service and will not bear any responsibility for content or information accessed. Explorer Domains may monitor and/or keep logs of the Service. The service is provided on an "as is" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. The provisions of this clause will survive any termination of this agreement. Any liability of Explorer Domains shall be limited to the resupply of the relevant Service. The Service cannot be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including activities prohibited under the Australian Commonwealth Government Telecommunication Act 1989 or under other applicable Australian State and Commonwealth laws; and/or any unauthorised use of copyright material.

4. Security
The Customer agrees that the security of the Service is solely the Customers responsibility. The Customer further agrees that if the security of the Customers Service has been compromised in any way, the Customer will inform Explorer Domains immediately in writing as set forth in section 7 herein. The Customer agrees that if any security violations are believed to have occurred in association with the Customers Service, Explorer Domains has the right to suspend access to the Service pending investigation and resolution.

5. Charges
The charge for using the Service shall be as detailed on the explorer web site at www.explorer.net.au and may be altered from time to time. The Customer shall pay the charges as and when they fall due via credit card, cash or cheque. GST may be payable additional to service charges on some Services.

6. Indemnity
The Customer hereby indemnifies and shall keep indemnified Explorer Domains in respect to any loss or damage action claim suit or proceeding against Explorer Domains by any person in respect to the use of the Service by the Customer including but not limited to the transmission of any illegal and/or fraudulent material which the Customer transmits or causes to be transmitted.

7. Notices
All notices shall be in writing and shall be sent by hand delivery, post or facsimile, or electronic mail to the parties hereto at their respective addresses as specified on the account application form.

8. Termination
This agreement shall remain in place until it is terminated by either Explorer Domains or the Customer by giving to the other party one month's written notice. Explorer Domains reserves the right to terminate the Service without written notice if in the sole opinion of Explorer Domains the Customer misuses or abuses the service.

9. Other
This agreement shall be governed by the laws in force in the State of Victoria, Australia and each party hereto submits to the exclusive jurisdiction of the Courts of that State. These terms constitute the full and entire agreement between the parties with regard to the supply of the Service. Neither this agreement nor any term in it may be amended, waived, discharged or terminated except by a written instrument signed by all parties hereto.