Terms of Service
Content
All services provided by Zulu Software may only be used for lawful purposes. The laws of the State of Queensland, Australia apply. Customers agree to and indemnify and hold harmless Zulu Software from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
Examples of unacceptable material on all account / plans include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.
Zulu Software reserves the right to:
- require changes or disable as necessary any account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion;
- charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Zulu Software.
Bandwidth Usage
Server space allocations and hosting services means you are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package and pay the higher charge, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. We reserve the right to cancel your hosting services at any time without prior notification due to unpaid hosting accounts.
Intellectual Property, Source Code, FTP access
We reserve rights and ownership to all source code used in the development of all e-commerce and administration systems, CMS and any other applications that we develop for or on behalf of you. Your access to any source code is at the sole discretion of Zulu Software and in this regard, FTP access is and will be limited. Should you choose to have any system application that we have supplied to you or developed for you hosted on a third party server; or should we provide you with a copy of your system application, this will usually be provided in an encrypted format.
Price Change
Subject to the 'Bandwidth Usage' clause above, the amount you pay for your hosting plan will not increase from the date of purchase. We reserve the right to change prices listed on zulusoftware.com.au and the right to increase the amount of resources given to plans at any time. We reserve the right to change any other fees or charges at anytime.
Any additional out of scope work will be charged at $125.00 per hour plus GST.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Zulu Software harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer's fees asserted against Zulu Software, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Zulu Software against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Zulu Software; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Zulu Software's server.
Arbitration
By using any Zulu Software services, you agree to submit to binding arbitration. If any disputes or claims arise against Zulu Software or its subsidiaries, such disputes will be handled by an arbitrator of Zulu Software's choice. Arbitrators shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Disclaimer
Zulu Software shall not be responsible for any damages your business may suffer. Zulu Software makes no warranties of any kind, expressed or implied for services or products we provide. Zulu Software disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery and any and all service interruptions caused by Zulu Software and its employees.
By its nature, software is inherently complex and may not be completely free of errors. To the maximum permitted by applicable law, in no event shall Zulu Software be liable for direct, indirect, special, incidental, cover or consequential or any other damage whatsoever (including, without limitation, damages for loss of business information or other pecuniary loss) arising out of the use of or inability to use the software we have provided, even if Zulu Software has been advised of the possibility of such damages. In no case shall Zulu Software’s liability under any provisions exceed the amount actually paid by you for the software.
Changes to these Terms Of Service
Zulu Software reserves the right to revise its policies at any time without notice.