Propagate Website Development and design, Hosting and Domain Services, Freelance 3D Services, Advertising and creative services studio

.com, .net, .info, .biz, .org, .co.uk Domain Name Agreements

We are an official reseller of PlanetDomain Domain Name Services. By registering domain names through Propagate Worldwide you agree and are bound by the following agreements, aswell as the Propagate Worldwide terms and conditions below:

Registration Agreement
Transfers
Dispute Policy

.au Domain Name Agreements
We are an official reseller of PlanetDomain Domain Name Services. By registering domain names through Propagate Worldwide you agree and are bound by the following agreements, aswell as the Propagate Worldwide terms and conditions below:

Registration Agreement
.au Eligibility and Allocation Rules
Dispute Policy
AuDA Web Site

Domain name terms and conditions
Propagate Worldwide Pty. Ltd. will hereby be referred to as "we", us", "our". The customer will be referred to as "customer", "you" or "I". A domain name is a product/service Propagate Worldwide provides.

1. Account Setup

a. Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer's users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services.

b. We are self serve provider. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment of the card to +61 3 9827 2618 (if requested by our accounts department) before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address which is not at the domain you are signing up under.

c. It is not possible to assign products and services across seperate accounts once ordered. Duplicate accounts can be merged into one account.

d. Only the authorised person listed on the account, entered at signup will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with an email address and password which is required to access My Account for billing and technical support. You are required to login before we engage your account. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone. Propagate Worldwide may also verify your identity by asking security questions, as required by the privacy laws in Australia . The client agrees to provide this information before assistance can be provided to them. The primary account holder also agreeds to keep their contact information up to date at all times.

e. If you wish to change the legal ownership of a whole account (and all products and services under it) there is a $39.90 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to fax Propagate Worldwide a signed letter which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership on the account. Changing the legal ownership of an account does not include updating the legal registrant information for a .au domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.

f. All domains will auto-renew regardless of account settings. If the domain invoice is paid, the domain will renew. If you no longer require a domain name, you will need to follow our cancellation procedure below.

2. Support

a. You have read and understood and are bound by our Support Policy. Our support policy outlines our support procedure, free support and extended support, as well as types of support we offer and their use.

b. If the customer is experiencing difficulties or issues with your hosting, you are required to notify us of the issue immediately, so we may resolve the issue. If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue. We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters.

3. Payment

a. The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must follow our official cancellation procedure.

b. Propagate Worldwide reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.

c. It is your responsibility to ensure your primary email address listed in our billing system is functional and working, so you can receive notifications, payment reminders, suspension notices, etc from the email address: auto-dispatch@propagate.com.au . Please ensure you have whitelisted this email address in your spam filter settings.

d. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.

e. Your account will not be created until funds have been received in full as cleared funds. It is your responsibity to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration.

f. We reserve the right to change and refuse payment methods to clients at our sole descresion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.

g. Dishonoured cheques will attract an administration charge of $30.00.

h. If you submit a domain registration or transfer order via another company, as well as submitting the same registration or transfer to Propagate Worldwide , you will be charged a $10.00 administration fee when requesting a refund. You must allow us an opportunity to fulfil the submitted order.

PayPal payments

g. If you have signed up using PayPal subscription, your paypal account will be rebilled on the due date of future invoices. Our system generates and emails you an electronic invoice when your domain is due for renewal.

Credit Card payments

h. If you have signed up using credit card, your credit card will be rebilled on the due date of future invoices. Our system generates an electronic invoice 7 days prior to your domain renewal date.

i .Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in credit card account, we reserve the right to add $1.00 per failed transaction to your account, to cover our transaction fees. We also reserve the right to change your billing method from automatic credit card payments to manual payments, where the user is required to login and make payment.

j. You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.

k. If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.

l. If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.

4. Suspension

a. We reserve the right to suspend your account if you have an outstanding invoice or account or if your account is in dispute. If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.

b. Your information will then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.

c. We reserve the right to suspend your account at any time for breaching our terms and conditions, for intiating in activities which may reduce the security of other web sites on our servers, or where Propagate Worldwide has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.

d. We may investigate to recover any outstanding debts.

5. Cancellation

a. Propagate Worldwide reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.

b. Any proof of misleading or giving false information to the company or its employees, including, threatening, extortion, harassment, improper conduct, abuse, swearing or other unlawful activities will lead to automatic cancellation of your account without refund. This can be email, live chat, telephone or in any form where staff are threatened, abused or mistreated.

c. If you have paid for a year's access and received a free domain name, the domain name remains with the property of the registered owner.

d. How to cancel your account : To cancel your account or products and services on your account, please login to My Account (found in the top menubar of our homepage) and submit a ticket to the "Service Removal" department. We require you fill out this form per our terms and conditions. Other requests to cancel your account are not considered official and our you will be redirected to the cancellation form to finalise your cancellation request. Please ensure your account is paid in full, otherwise the cancellation will not be successful. You must provide a minimum of 7 days notice prior to your domain renewal date if you do not wish your product/service to renew.

e. Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage your account in any way once your account has been cancelled.

f. No refunds or credit will be given if you cancel your account or downgrade to a lower package. If you downgrade to a lower package a $15.00 charge applies. If you have a credit on your account and refunded, a $5.00 administration charge applies.

g. Hosting, Domain names, SSL certificates, Site Studio and account add-ons are non-refundable.

h. If you have cancelled your hosting account with Propagate Worldwide and would like to reactivate your account, a $25.00 administration fee will apply to cover the admin time involved in recreating your account and update our billing system.

i. If your account remains unpaid for a period of 14 days or more, we reserve the right to terminate your account.

j. Propagate Worldwide does not provide refunds for repeat failed transfers due to the administration time we have spent on your transfer.

k. If you have registered a .au domain name and you do not meet the registration requirements, you will be charged a $10.00 administration charge to alter or refund the domain order.

6. Transfers

a. Our transfer procedure . You agree to follow the step outlined steps when initiating a domain name transfer.

7. Free domain name

a. The home package qualifies you for a 1 x free .com, .net or .org domain name for one year. The business and office qualifies you for 1 x free domain name of any extension for the minimum registration required. The copper and bronze packages qualifies you for 1 x free .com, .net or .org domain name for one year. The silver and gold packages qualifies you for 1 x free domain name of any extension for the minimum registration required. After the initial registration registration you will be charged the renewal cost at the current domain registration rate. This offer is only valid for new customers. You will be required to pay 1 year in advance on your selected package to qualify for a free domain name. Transfers of domain names are not part of this offer.

8. Price Change

a. We reserve the right to change prices listed on Propagate Web Hosting. Existing customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.

b. You will be charged the same price as the initial domain registration/transfer for subsequent years of the domain name registration with Propagate Worldwide.

9. Indemnification

a. Customer agrees that it shall defend, indemnify, save and hold Propagate Worldwide harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Propagate Web Hosting, 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 Propagate Worldwide against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Propagate Web Hosting; (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 Propagate Worldwide Web Hosting's server.

10. Disclaimer

a. Propagate Worldwide will not be responsible for any damages your business may suffer. Propagate Worldwide makes no warranties of any kind, expressed or implied for services we provide. Propagate Worldwide 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 Propagate Worldwide and its employees.

11. Changes to the Terms and Conditions

a. Propagate Worldwide reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions, that can be accessed on our web site at any time.

Propagate Worldwide Pty. Ltd. will hereby be referred to as "we", us", "our". The customer will be referred to as "customer", "you" or "I".

1. Account Setup

b. We are self serve provider. The customer will manage their own account setup using the tools we have provided. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment of the card to +61 3 9827 2618 (if requested by our accounts department) before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address which is not at the domain you are signing up under.

c. It is not possible to assign products and services across seperate accounts once ordered. Duplicate accounts can be merged into one account.

d. Only the authorised person listed on the account, entered at signup will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with an email address and password which is required to access My Account for billing and technical support. You are required to login before we engage your account. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone. Propagate Worldwide may also verify your identity by asking security questions, as required by the privacy laws in Australia . The client agrees to provide this information before assistance can be provided to them. The primary account holder also agrees to keep their contact information up to date at all times.

e. If you wish to change the legal ownership of a whole account (and all products and services under it) there is a $40.00 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to fax Propagate Worldwide a signed letter which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership on the account. Changing the legal ownership of an account does not include updating the legal registrant information for a .au domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.

2. Domain names

a. Domain names are a seperate product from Propagate Worldwide and are governed by their own terms and conditions.

3. Publisher and author of web site

a. As the publisher, author, or reseller of a web site, it is your responsibility to ensure your web site(s) do not breach our terms and conditions or interfere with the server functions for other users.

b. Propagate Worldwide is not responsible for or endorse the content hosted by or activities performed by you whilst using our services or by any sites you host.

c. Propagate Worldwide provisions our web site builders and other related software to clients to allow them to create and publish web sites. The client agrees the web site and material they design and publish, will not breach our terms and conditions and they are the sole publisher and author of their web site.

d. From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Propagate Worldwide in this instance does not become the web site publisher and/or author and is making these changes by instruction of the Primary Account holder.

e. Propagate Worldwide does not offer free domain names for testing or any other use. You must purchase your own domain names to use with your web hosting package(s).

4. Content

All products and services provided by Propagate Worldwide may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening, obscene and pornography. We do not allow pornographic sites. The customer agrees not to host such material.
The customer agrees to indemnify, defend and hold harmless Propagate Worldwide from any claims resulting from the use of our products or services in any shape or form. Propagate Worldwide does not endorse any web site content hosted on our network and the content remains the property of the web site owner. If you wish to lodge a complaint against a web site, please
click here.

c. Examples of unacceptable material:

IRC Bots
Warez Sites
Defamation of person's character
Pirated Software
Running processes which cause the server to crash or become non-responsive
Illegal or pirated sites, content or software.
Breaching copyright and trademarks
Proxy servers or other servers
Hate sites
Run any bit torrent
Pornographic sites
MUD applications
Hack programs and archives
Spamming related sites or sites that send / relay spam email
Extremists sites
Phising sites
Other sites where formal complaints are received
Sites where Propagate Worldwide is placed 'on notice' or where legal action will be take against a Propagate Worldwide for hosting a web site, with supporting evidence.
Sites which have been hacked / run malicious scripts

d. If your web site is suspended and/or hosts any of the unacceptable material (above), we reserve the right to charge a cleanup fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of $60.00 per hour (minimum 1 hour). You will be responsible to resolve the issue and rectify the issue after we inform you of the breach.

5. Resource Usage

a. Users may not initiate the following:

Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
Any activity which causes the server to crash / restart
Check their email more than every 3 minutes.

6. Zero Tolerance Spam & Leeching Policy

a. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.

b. We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.

The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage, as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a clean up charge as the discretion of Propagate Worldwide. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. Running an online store.

7. Backups and data loss

a. The backup function in your control panel uses high server resources and may cause the server to become less responsive, affecting the web site performance for other users. You agree to only perform backups of your site (databases, web space, etc) using the backup function in your hosting control panel between the off peak hours (Offpeak is classified between 11.30pm Australian Eastern Standard Time and 7am Australian Eastern Standard Time). Using the backup function outside of these times may result in your account being suspended.

b. Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers at all times.

c. We are not liable for any data loss due to server failure, any other failure whatsoever, or unforeseeable corruption of programs, hacking, etc. The client should always have a backup or storage of data that is not corrupted and is available to be used if necessary.

d. We provide backup tools in your control panel which will allow you to perform backups of your account when required, or you can always download your web site files from our server for external storage.

8. Support

a.You have read and understood and are bound by our Support Policy. Our support policy outlines our support procedure, free support and extended support, as well as types of support we offer and their use.

9. Security

a. We may introduce new security measures from time to time to help prevent malicious use and attacks on and to our servers.

b. No shell or remote desktop access will be provided on any shared hosting servers for security reasons for any reason. The hosting control panel provided will in most cases provide a shell alternative to the task you wish to perform. e.g. Administer a MySQL database.

10. Payment

d. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.

e. Your account will not be created until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration.

f. We reserve the right to change and refuse payment methods to clients at our sole discretion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.

g. Dishonoured cheques will attract an administration charge of $30.00.

PayPal payments

h. If you have signed up using PayPal subscription, your paypal account will be rebilled on the due date of future invoices. Our system generates and emails you an electronic invoice when your service is due for renewal.

Credit Card payments

i. If you have signed up using credit card, your credit card will be rebilled on the due date of future invoices. Our system generates an electronic invoice 7 days prior to your package renewal date.

j. Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in credit card account, we reserve the right to add $2.00 per failed transaction to your account, to cover our transaction fees. We also reserve the right to change your billing method from automatic credit card payments to manual payments, where the user is required to login and make payment.

k. You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.

l. If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.

11. Package versions

a. From time to time, we may update our hosting package plans. When a hosting plan is updated, the version number shown on the plan will change. Customers on previous plan version numbers will not be automatically upgraded to the newest version of the plan. Customers on previous plans will keep the features of their current hosting package. If a customer wishes to upgrade to the newest plan, a $15.00 administration fee will apply. Your hosting account may also need to be transferred to another server to take advantage of the newer features.

Package release dates: Version 1 packages were released on 12/10/2004 at 4am , AEST.

12. Suspension

b. Your information will then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.

c. We reserve the right to suspend your account at any time for breaching our terms and conditions, for engaging in activities which may reduce the security of other web sites on our servers, or where Propagate Worldwide has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.

d. We may investigate to recover any outstanding debts.

13. Microsoft Frontpage Extensions

a. Microsoft Frontpage 98 extensions are not supported by our systems, as Microsoft has removed support for this version of frontpage. Frontpage Extensions 2000+ are supported.

14. Cancellation

c. If you have paid for a year's access and received a free domain name, the domain name remains with the property of the registered owner.

d. How to cancel your account: To cancel your account or products and services on your account, please login to Drive (found on our homepage) and submit a ticket to the "Service Removal" department. We require you fill out this form per our terms and conditions. Other requests to cancel your account are not considered official and you will be redirected to the cancellation form to finalise your cancellation request. Please ensure your account is paid in full, otherwise the cancellation will not be successful. You must provide a minimum of 7 days notice prior to your product/service renewal date if you do not wish your product/service to renew.

g. Hosting, Domain names, SSL certificates and account add-ons are non-refundable.

h. If you have cancelled your hosting account with Propagate Worldwide and would like to reactivate your account, a $15.00 administration fee will apply to cover the admin time involved in recreating your account and updating our billing system.

i. If your account remains unpaid for a period of 30 days or more, we reserve the right to terminate your account.

15. Bandwidth Usage / Disk Space

a. It is your responsibility to upgrade your account and monitor your account usage.

b. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer's responsibility to ensure they do not exceed their assigned limits.

c. Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the over usage.

d. Unused transfer in one month cannot be carried over to the next month.

16. Price Change

a. We reserve the right to change prices listed on Propagate Worldwide, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.

17. Indemnification

a. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Propagate Worldwide; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Propagate Worldwide's server. Propagate Worldwide does not guarantee uptime.

By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.

18. Disclaimer

a. Propagate Worldwide will not be responsible for any damages your business may suffer. Propagate Worldwide makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service avilabaility. Propagate Worldwide 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 Propagate Worldwide and its employees.

19. Changes to the Terms and Conditions

GENERAL LICENSING TERMS

Customer Obligations.

This Section applies to a customer whose License and issued by Propagate World Wide PTY LTD specifies the "License Type" as "External Network", "Internal Network" and or "Enterprise". "Internal Network" type refers to software managed and contained on the Propagate World Wide PTY LTD hosting and network environment. "External Network" type refers to software managed and contained in an external hosting and network environment, "External Network" type license is subject to terms of use and must be agreed to via written documentation and agreement with Propagate World Wide PTY LTD. "External Network" type terms of use available on request. "Enterprise" type refers to software managed and contained in an external hosting and network environment, "Enterprise" type is subject to terms of use and must be agreed to via written documentation and agreement with Propagate World Wide PTY LTD. "Enterprise" type terms of use available on request.

Customer is responsible for managing the usage of the Licensed Software to ensure that terms of use are being met, Customer has paid the applicable License Fee. Customer may request changes to the license type by placing an order with Propagate World Wide PTY LTD or an Authorized Reseller.

Restrictions.

Customer shall not, nor permit any person (including any Authorized User) to: (i) reverse engineer, reverse compile, decrypt, disassemble, or otherwise attempt to derive the source code of the Licensed Software (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate, or create derivative works of the Licensed Software; (iii) sublicense, resell, rent, lease, distribute, market, commercialize, or otherwise transfer rights or usage to the Licensed Software (except as expressly permitted under this Agreement); (iv) remove, modify, or obscure any copyright notices or other proprietary notices or legends appearing on or in the Licensed Software, or any portion thereof; (v) transfer, use, or export the Licensed Software in violation of any applicable laws, rules, or regulations of any government or governmental agency; (vi) use the Licensed Software or any system services accessed through the Licensed Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component; or (vii) embed the Licensed Software in any third-party applications, unless otherwise authorized in writing in advance by an officer of Propagate World Wide PTY LTD.

Ownership.

Propagate World Wide PTY LTD shall retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software, Propagate World Wide PTY LTD Enhancements owned by Propagate World Wide PTY LTD and Documentation provided by Propagate World Wide PTY LTD to Customer under this Agreement. Customer will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the Licensed Software, Propagate World Wide PTY LTD Enhancements or Documentation, or any component thereof.

Third-Party Software.

Third-Party Software is subject to various other terms and conditions imposed by the licensors of such Third-Party Software. A list of the applicable. Customer's use of the Third-Party Software is subject to, and governed by, the specified Third-Party license terms. The customer agrees to comply with such Third-Party license terms.

TECHNICAL SUPPORT AND UPGRADES AND UPDATES

Technical Support.

Propagate World Wide PTY LTD agrees to provide Customer with technical support services which include periodic distribution of bug fixes and minor enhancements as Updates scheduled by Propagate World Wide PTY LTD. All registered users of the then-current release and the previous release of Propagate World Wide PTY LTD licensed systems are eligible for limited technical support as per terms of the licence type. Installation support inquiries by telephone will be accepted by Propagate World Wide PTY LTD during normal business hours. Technical support email inquiries are accepted at anytime and will be answered during normal Propagate World Wide PTY LTD business hours. Propagate World Wide PTY LTD will attempt to respond to inquiries within the same business day.

Updates and Upgrades.

To receive and use an Upgrade, if applicable Customer must pay the applicable fees for that Upgrade and agree to Propagate World Wide PTY LTD standard terms and conditions governing the use of that Upgrade. If no such standard terms and conditions are stated by Propagate World Wide PTY LTD, the terms of this Agreement shall apply, and the Upgrade shall be deemed Licensed Software. For a Single User License, once Propagate World Wide PTY LTD issues the new Serial Number for an Upgraded version of the Licensed Software, Customer shall be able to continue to use the prior version of the Licensed Software.

LIMITED WARRANTY; WARRANTY DISCLAIMER

Limited Media Warranty.

For thirty (30) days from the date of purchase, Propagate World Wide PTY LTD warrants that the media on which the Licensed Software, Propagate World Wide PTY LTD Enhancements and Documentation is furnished shall be free from defects in material and faulty workmanship. Customer may return for replacement, without charge, any media that fails to meet this limited media warranty to Propagate World Wide PTY LTD or the dealer from whom the Licensed Software (and Propagate World Wide PTY LTD Enhancements) was purchased, as applicable, within the 30-day period. Propagate World Wide PTY LTD or the applicable dealer will not be responsible for replacing any media that contains defects due to Customer's misuse. THE FOREGOING IS CUSTOMER'S SOLE REMEDY, AND PROPAGATE WORLD WIDE PTY LTD SOLE OBLIGATION, WITH RESPECT TO A BREACH OF THE LIMITED MEDIA WARRANTY.

No Warranty.

EXCEPT FOR THE WARRANTIES ABOVE, THE LICENSED SOFTWARE, DOCUMENTATION, AND SUPPORT SERVICES ARE PROVIDED TO CUSTOMER ON AN 'AS IS' AND 'WHERE IS' BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. PROPAGATE WORLD WIDE PTY LTD HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE LICENSED SOFTWARE AND SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS.

FEES AND PAYMENT.

Fees and Payment Terms.

Customer licenses the Licensed Software from Propagate World Wide PTY LTD. This Agreement is between Customer and Propagate World Wide PTY LTD solely. The applicable License Fees is specified on the Propagate World Wide PTY LTD website or in the specific price proposal provided by Propagate World Wide PTY LTD or an Authorized Reseller. The payment terms and conditions for the License Fee payable to an Authorized Reseller are as specified by the specific Authorized Reseller. All fees paid to Propagate World Wide PTY LTD are non-refundable except as explicitly permitted from time to time on http://www.propagate.com.au. Propagate World Wide PTY LTD may terminate this Agreement and/or invalidate Customer's license and software use if the billing or contact information is false, fraudulent, or invalid or terms and conditions of this agreement are breached.

Additional Concurrent Authorized Users Fee.

During the License Period, Customer shall pay to Propagate World Wide PTY LTD or the specific Authorized Reseller the then-current rate for any licenses for additional Concurrent Authorized Users. This fee shall be charged or invoiced to Customer on the date such additional Concurrent Authorized Users are added to Customer's account.

Concurrent Authorized User Accounting.

Customer shall maintain business practices and records necessary to manage the number of Concurrent Authorized Users and compliance with the terms of this Agreement. If Propagate World Wide PTY LTD determines that Customer has more Concurrent Authorized Users than Customer has paid for or breached the terms of used agreed to the applicable license, Customer shall immediately pay Propagate World Wide PTY LTD the applicable additional fees.

CONFIDENTIALITY.

Customer and Propagate World Wide PTY LTD agree to maintain the confidentiality of any confidential or proprietary information of one party (the "disclosing party") received by the other party (the "receiving party") during, or prior to entering into, this Agreement that the receiving party should know is considered confidential or proprietary by the disclosing party based on the circumstances surrounding the disclosure, including, without limitation, non-public technical and business information ("Confidential Information"). The Licensed Software is copyrighted and shall be deemed Propagate World Wide PTY LTD Confidential Information. The Documentation is copyrighted material of Propagate World Wide PTY LTD. This section shall not apply to any information that is or becomes publicly available through no breach of this Agreement by the receiving party or is independently developed by the receiving party without access to or use of the Confidential Information of the disclosing party. The foregoing confidentiality obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable the other party to seek a protective order or otherwise limit such disclosure. The receiving party of any Confidential Information of the disclosing party agrees not to use the disclosing party's Confidential Information for any purpose except as necessary to fulfill its obligations and exercise its rights under this Agreement. The receiving party shall protect the secrecy of and avoid disclosure and unauthorized use of the disclosing party's Confidential Information to the same degree that it takes to protect its own confidential information of similar nature (but in no event less than reasonable care). All the disclosing party's information remains the property of the disclosing party.

LIMITATION OF LIABILITY.

Consequential Damages Waiver.

IN NO EVENT SHALL PROPAGATE WORLD WIDE PTY LTD HAVE ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF PROPAGATE WORLD WIDE PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.

Limitation of Liability.

IN NO EVENT SHALL PROPAGATE WORLD WIDE PTY LTD LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED: (I) IF THE LICENSED SOFTWARE IS LICENSED FROM PROPAGATE WORLD WIDE PTY LTD DIRECTLY, THE LICENSE FEES PAID BY CUSTOMER TO PROPAGATE WORLD WIDE PTY LTD FOR THE LICENSED SOFTWARE, OR (II) IF THE LICENSED SOFTWARE IS LICENSED THROUGH AN AUTHORIZED RESELLER, THE LICENSE FEES PAID BY CUSTOMER TO THE APPLICABLE AUTHORIZED RESELLER, AS APPLICABLE. NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.

GENERAL.

Please note that licence prices and terms are subject to change from time to time and will be made available on www.propagate.com.au. Customer is responsible for understanding the current terms of agreement.

PLEASE READ THIS ID PROTECTION SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. BY USING THE ID PROTECTION SERVICES ("IDP SERVICES"), YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT THE "SERVICE PROVIDERS" (DEFINED BELOW) MAY AMEND THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED THE IDP SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDP SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT AMENDMENTS HERETO, DO NOT USE, ACCESS, OR CONTINUE TO USE THE IDP SERVICES. CONTINUED USE OF THE IDP SERVICES AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

This Agreement is by and between Whois Privacy Protection, Inc., a Nevada corporation ("Backend Service Provider"), the party, if any, other than the Backend Service Provider who makes the IDP Services available to you ("Primary Service Provider;" Backend Service Provider and Primary Service Provider, if any, being together referred to herein as the "Service Providers"), your heirs, executors, administrators, agents, successors and assigns ("You," "Your," and other appropriate formatives).

This Agreement sets forth the terms and conditions of Your relationship with the Service Providers and Your use of the IDP Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You establish to obtain the IDP Services, whether or not the transactions were on Your behalf and/or authorized by You.

You agree that You will be bound by representations made by third parties You use to obtain the IDP Services. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy," http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish with respect to WHOIS information, and the terms and conditions of Your domain name registration with Your registrar (the ICANN-accredited person or entity through which You register a domain name). This Agreement is in addition to domain name registration agreement(s) entered into by You and a registrar when you register or renew domain name registration(s).

THE IDP SERVICES

If you subscribe to the IDP Services, each domain name registration which you control and which You designate ("IDP Domains") will thereafter be registered in the name of the Backend Service Provider, as registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not your personal information) will be made publicly available in the "Whois" directory for each IDP Domain:

The Backend Service Provider's email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts ("IDP Addresses");
The primary and secondary domain name servers You designate for the IDP Domain;
The IDP Domain's original date of registration and expiration date;
The identity of Your registrar, domain name service provider (if different from registrar) and the status of the IDP Domain with the registrar (such as, "active," "Registrar Lock," "clienthold," etc.).

While You will not be listed as the registrant for the IDP Domains, and other than as described in this Agreement, the Backend Service Provider will not act to control the IDP Domain(s). You will retain the right to sell, transfer, or assign each IDP Domain; You will retain the right to control and set the DNS settings for the IDP Domain(s); You will retain the right to renew each IDP Domain name registration upon expiration (subject to your registrar's applicable rules and policies); and You will remain responsible to resolve any and all monetary or other legal claims that arise in connection with Your IDP Domain(s), subject to the remaining provisions of this Agreement. IMPORTANT: THE IDP SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the IDP Addresses for the purpose of having such third party transmit communications to you through the Backend Service Provider. Third parties may obtain the IDP Addresses listed in the Whois directory by their own initiative, but You agree that You will not be the one to provide the IDP Addresses to such third parties.

PROVISION OF PERSONAL INFORMATION

You agree that for each IDP Domain, You will provide to the Service Providers and maintain as current and accurate, the following information:

Your name, address, email address, postal address, phone and fax numbers;
The name, address, email address, postal address, phone and fax numbers for the IDP Domain's administrative, technical, and billing contacts;
The primary and secondary domain name servers for the IDP Domain;

You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either Service Provider to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your IDP Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain name servers, You agree that Backend Service Provider may point Your IDP Domain(s) to an IP address of Backend Service Provider' choosing until such time as You supply primary and secondary domain name servers.

RENEWALS AND FEES

If You have selected automatic renewal of the IDP Services through the account which you use to manage Your IDP Services ("Your Account"), You agree i) that the IDP Services shall be automatically renewed 30 days prior to the end of Your IDP Services term, ii) that the Service Provider will attempt to charge the credit card You have on file with the Service Provider at the then current rates, and iii) You waive any requirement to obtain you ongoing affirmative consent to any such automatic renewal.

If you do not wish to automatically renew the IDP Services, You agree that the exclusive method for communicating this to the Service Provider shall be by logging into Your Account to ensure that the auto-renewal or renewal option is not selected. You understand that You must do this at least 31 days prior to the end of the then current IDP Service term. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. If Service Provider is unable to collect renewal or other fees, you agree that a Service Provider may contact You, but is not obliged to do so, and You agree that Service Provider may suspend or terminate the IDP Services as a result of inability to obtain payment.

For domain name registrations which are serviced by a registrar other than a Service Provider: If available as an option and if such option selected by You, You agree that either Service Provider shall be authorized to contact your domain name registration service provider on Your behalf (and using the credit card provided by You) to renew the domain name registration of associated IDP Domains.

If Backend Service Provider elects to begin charging fee(s) to forward communications to You (see below).

You agree that you may be required to pay such fees before the communications will be forwarded. Backend Service Provider may change its service and forwarding fees at any time. Backend Service Provider may also charge reasonable fees for administrative tasks outside the scope of regular services. These may include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for paying all fees and taxes associated with using Backend Service Provider's services. Payment shall be made by credit card unless other options are indicated in Your Account.

You agree that charges may appear on the credit card statement under a descriptive provider identifier, such as "Domain Name Registration Services." Fees are non-refundable. If for any reason there is a charge back for any fee previously charged to the credit card by Backend Service Provider, You agree that Backend Service Provider may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies which may be available under such circumstances, You agree that Backend Service Provider may assume complete ownership of the IDP Domain(s), that the IDP Domain(s) may be sold to third parties, or that the IDP Domain(s) may be to pointed to IP numbers of Backend Service Provider's choosing, and that Backend Service Provider may immediate cancel Your Account and all services provided to You.

IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF IDP SERVICES AND REGISTRATION TERM OF AN ASSOCIATED IDP DOMAIN:

You understand that your IDP Services term begins on the date Your attempt to procure the IDP Services is accepted by the Service Provider(s) and that it shall run for the unit of time which You order (typically, this would be one year). You understand that the IDP Services term may be different than the registration term of the IDP Domain which is associated with the IDP Services. If an IDP Domain expires and is deleted before the end of the term of the associated IDP Services, then the IDP Services associated with the domain will end when the IDP Domain is deleted and You understand that there will be no refund for any resulting unused portion of an IDP Services term. If the IDP Services term ends while the registration term for an IDP Domain is still ongoing, then the IDP Services will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the (then former) IDP Domain, and the communications forwarding services specified in section 6 will no longer be provided.

YOUR REPRESENTATIONS & WARRANTIES

You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that you will maintain all information in this status throughout the term of this Agreement. You also represent and warrant that You are using the IDP Services in good faith and that You have no knowledge or reason to believe that Your IDP Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name. You also warrant that neither the IDP Services nor IDP Domain(s) will not be used in connection with any illegal or morally objectionable activity (as defined below in section 5), or, in connection with the transmission of unsolicited commercial email ("Spam").

SERVICE PROVIDER'S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

In the event of any of the following:

If the IDP Domain(s) 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 breach any provision of this Agreement or an anti-Spam policy of either Service Provider;
If You breach any provision of Your registrar's Registration Agreement;
If necessary to protect the integrity and stability of the applicable domain name registry;
If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
If Backend Service provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the IDP Services or an IDP Domain;
If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use a service such as ID Protect);
If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Backend Service Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
OR if it comes to Backend Service Provider's attention that You are alleged to be using the IDP Services 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 the United States 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, THEN

You understand and agree that Backend Service Provider has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the IDP Services, close Your Account, terminate provisionment of the IDP Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of IDP Domain, or take any other action which Backend Service Provider deems necessary.

In the event Backend Service Provider takes any of the actions set forth above or in the event You elect to cancel the IDP Services for any reason, neither Service Provider will refund any fees paid by You for the IDP Services.

You also acknowledge and agree that Backend Service Provider may, in its sole discretion and without any liability to You whatsoever, cancel the IDP Services during the first thirty (30) days after You procured the IDP Services, and/or suspend Your rights under this Agreement and list the IDP Addresses during resolution of a dispute or investigation of allegations.

FORWARDING COMMUNICATIONS

You agree that Backend Service Provider will review communications sent to the IDP Addresses associated with Your IDP Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail, Backend Service Provider may either i) forward such communication to You or ii) may attempt to communicate to you a scanned copy of a page of the communication to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that Backend Service Provider may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertize the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the IDP Services as a general mail forwarding service (see section 1, above).

You authorize Backend Service Provider to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by Backend Service Provider, including failures which arise from Backend Service Provider's mistake in judging whether a communication appears to be an unsolicited communication.

Email. The Whois directory generally requires an email address for every purchased domain name registration. When You purchase IDP Services, Backend Service Provider creates an email address for that domain, "yourdomainname@whoisprivacyprotect.com". Thereafter, when messages are sent to the email address listed in the IDP Address, Backend Service Provider forwards such messages to the email address You listed in section 2. If such email address becomes non-functioning or if email to such address bounces, Backend Service Provider is not obligated to attempt to contact You through other means. You agree that Backend Service Provider may elect, in Backend Service Provider's sole discretion, to allow You to access Your Account and view email sent to the IDP Addresses, though such alternative means of servicing Your Account is an option and not a requirement.

Your Obligation to Respond to communications from the Backend Service Provider: When Backend Service Provider receives a communication which may warrant forwarding to You, per the terms of this Agreement, Backend Service Provider will send an email to the email address You provided to Backend Service Provider pursuant to section 2.

The email message will identify the sender of the correspondence and the date received. As an alternative, You agree that Backend Service Provider may allow you to access Your Account to view full or partial scanned copies of (non-email) communications sent to the IDP Addresses and that You may be required to interact with Your Account to have the physical originals of such communications forwarded to You and that if You do not interact with Your Account in the ways indicated upon accessing Your Account, that the communications may not be forwarded to You.

In either event, You will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If you do not respond within this time period, the communication(s) will not be forwarded. Method of forward will be determined by Backend Service Provider. Communication(s) may not be immediately forwarded upon Your election; there may be a delay and communication(s) may be aggregated to be forwarded together. The Backend Service Provider may begin charging fees for forwarding communications or may change the method by which communications are forwarded without written notice.

In the event You do not respond to communications from the Backend Service Provider regarding communications received at the IDP Address, Backend Service Provider may immediately reveal the information You provided pursuant to section 2 and/or cancel the IDP Services regarding either the IDP Domain in question or with respect to all of Your IDP Domains, depending on the circumstances. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number. This action would be taken because Backend Service Provider will not become involved in any legal or other matters between You and third parties.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE IDP SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRIMARY AND BACKEND SERVICE PROVIDERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

You further understand and agree that the Primary and Backend Service Providers disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery or misdelivery between You and the Service Providers; (iv) the failure for whatever reason to renew the IDP Services; (v) the unauthorized use of Your Account or any of the Service Provider's services; (vi) errors, omissions or misstatements by either Service Provider; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your IDP Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).

YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS' RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER IDP DOMAIN.

INDEMNITY

You agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the IDP Services, the web sites of the Service Providers, Your Account, and/or Your use of Your IDP Domain.

BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER

THE BACKEND SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF THE BACKEND SERVICE PROVIDER OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEB SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF BACKEND SERVICE PROVIDER'S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the Backend Service Provider web site, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Backend Service Provider reserves its 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 Backend Service Provider. 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.

MISCELLANEOUS PROVISIONS

Severability; Construction; Entire Agreement.
You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and Backend Service Provider regarding the services contemplated herein.
Governing Law; Venue; Waiver Of Trial By Jury.
This Agreement shall be governed in all respects by the laws and judicial decisions of King County , Washington , excluding its conflicts of laws rules. You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of King County , Washington . For the adjudication of domain name registration disputes and disputes under this Agreement, you agree to submit to the exclusive subject matter and personal jurisdiction of the state and Federal courts located in King County, Washington, you agree that venue shall be proper in such jurisdiction, and you agree to waive any objection you may have to jurisdiction and venue in such forum.

You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint in the United States mail, first-class mail, postage pre-paid, addressed to the address provided by you in section 2, which service shall be deemed to be effective five days after deposit.

Term of Agreement; Survival.

The term of this Agreement begins on the date Your attempt to procure the IDP Services is accepted by the Service Provider(s). The term shall run for the unit of time which You ordered when You procured the IDP Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreementat any time.

If your account has been terminated or suspended for or as a result from breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.

We offer a 14 day money back guarantee. If you have not received the product purchased within 2 weeks, send advice to accounts@propagate.com.au, including the related domain name, for a complete refund. Hosting accounts cancelled after this period will not be refunded. NB: This offer applies to web hosting only, domain names and security certificates are not included in this offer.

Any proof of misleading or giving false information to the company or its employees, including, threatening, extortion, harassment, improper conduct, abuse, swearing or other unlawful activities will lead to automatic cancellation of your account without refund. This can be email, live chat, telephone or in any form where staff are threatened, abused or mistreated.

If you have paid for a year's access and received a free domain name or SSL certificate, the domain name or SSL certificate remains with the property of the registered owner. Any refund provided at the sole discretion of company management will be minus the domain name or SSL certificate costs.

You can cancel your hosting at any time by logging into Propagate Drive and submitting a ticket to the 'Service removal' department. You must fill out the form to cancel your account 7 days prior to your product/service renew date. Other requests to cancel your account are not considered official and our you will be redirected to the cancellation form to finalise your cancellation request. The cancellation form must be 7 days before your package renewal date, otherwise you will be charged for the next billing cycle. Cancellation requests received after the package renewal date will be processed, however you will not receive a refund for the current billing cycle.

Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage your account in any way once your account has been cancelled.

No refunds or credit will be given if you cancel your account or downgrade to a lower package.

Hosting, domain names, SSL certificates, static IPs and account add-ons are non-refundable.

E-commerce providers

Our payments are securely handled by Eway and St George. Once your details have been processed by eWay, they are immediately deleted from Eway's server.

Secure payments

Propagate Worldwide have installed Security Socket Layer (SSL) encryption software to protect and encrypt sensitive information that you may send to us whilst using our services. e.g. Credit card details.

A secure web site will display a gold padlock icon in menubar or footer of the web browser. When you see this symbol, you can be assured the information you are transmitting is secure.

Your credit card information may be securely kept on file for recurring billing purposes, as required by our web hosting plans. In any case, the credit card details you provide will be encrypted and can only be viewed or access by authorised personnel from within the company.

If you have any questions, please feel free to contact us with your concerns.

We do not sell, rent or give external access to our customer lists.

Information about you

Propagate Worldwide stores information about you in our web hosting database. You can view and change this information at any time through the Propagate Drive interface. General information about you, such as your name and company is not encrypted.

Your account information can only be accessed with your username and password, and by authorised personnel from within the company and is not viewable by the public. Your credit card information is encrypted within the system, as explained above.

We do not sell, rent or give external access to our customer lists.

Propagate Drive

Every client has access to the Propagate Drive web site. This web site will allow you to print invoices, change your details, find and contact support, update your credit card details and many other useful things.

Propagate Drive software use is protected by Security Socket Layer (SSL) encryption software. The information you view and send is protected and secure.

Customer security

Propagate Worldwide makes every effort to make their products and services secure and safe. Our customers can ensure their services with us are secure and safe by:

Clients should change their passwords every 30 - 60 days. This can be done through their control panel found at http://www.yourdomain.com.au/controlpanel
Do not use a password that can be easily identified with you, such as your date of birth.
The password should be 8 characters and should be meaningless. A good password is a combination of numbers and letters, in random order.
Do not give our your password to anyone.
Do not write your password down, even if it is disguised.
It is highly recommended that clients use firewall and antivirus software which is regularly updated.

Information about our privacy policy

Propagate Worldwide (us, we, our) is committed to protecting the user's (you, your) personal information and privacy. In some instances it may be necessary to find out more information about you, as explained below.

Collecting your personal information

To see our how your information will be stored and handled, please click here.

It may be necessary for us to collect your personal information for you to participate in our web site functions. e.g. newsletters, special offers, etc. If you do not wish to receive our web site functions, please contact us.

The information you provide will be kept confidentially and will not be given to a third party at any time, with out your express written consent, or when required to do so by law, or as outlined below.

We collect certain information about our users such as their computer hardware, origin, software, domain name, access time and referring web site addresses. This information is used to help us better market our services, maintain the quality of our service and provide general web site statistics.

If you do not agree to your personal information being collected, it may be difficult for you to use this web site, as your information is required for use of our services.

Using your personal information

Unless notified otherwise, we will use your information to provide a better experience at our web site. This information will be used to:

Deliver services such as newsletters, registrations, etc.
Alert you to special offers
Create relevant publications and information for you.
Provide customers will real time service activations or system messages.
Customer support
We may disclose your personal information where required to do so by law or in belief that such action is necessary to:
Protect our employees, providers, clients and members of the public.
Protect and defend the rights of Propagate Worldwide.
Conform to the edicts of the law or to comply with legal processes served to us.
Recover any outstanding debts due for more than 60 days. We reserve the right to give your information to a credit reporting agency. This may effect your credit rating.
We may need to verify your identity when discussing your account over the telephone or by other means of communication.

Use of cookies

Cookies are used to help collect web site statistics as outlined above. These cookies are harmless and do not contain viruses or malicious information. Please make sure your browser if setup to accept cookies for full use of our web site.

Access / changes to your personal information

To see how your information will be stored and handled, please click here.

You can update your information by accessing your account through the Propagate Drive interface

Changes to this policy

From time to time, we may need to update this policy. We will not provide notice to you. Instead, we will change the last modified date at the top of this page.

Acceptance of terms

Propagate Worldwide Pty. Ltd. (us, we, our) provides this web site for it's clients, public and investors (you, your). By using and/or accessing this web site, you accept and are bound by these Terms of use. We may update these terms of use from time to time without notice to you. Please check our terms regularly for the latest version.

Our services

We will provide you with a variety of resources, such as downloads, information, support, account information, newsletters, forums, information guides. This may also include new services and unlisted services, all which are subject to the Terms of use.

Use of content

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images / graphics, use, edit, store or modify code from our web site, products and services obtain from our web site without express written consent from us.

If you are found to breach this agreement, we reserve the right to terminate your account without notice, and/or seek compensation for any of the above breaches.

You agree not to publicly display our company email addresses on other web sites, forums or any other medium. You agree and accept that you will be liable for any damages incurred as a result of your actions.

Lawful and acceptable use

You will not use any of our services for unlawful and unacceptable use. This includes using the services in any way which could damage, disable, overburden, impair any of our services or interfere with another users use of our services

You may not attempt to gain unauthorized access to our services by any means, including hacking, another persons account, networks connected to ours and password mining.

You may obtain information and services through the means which they were intended to be used.

Suggestions and feedback

No compensation will be given to any suggestions or feedback provided by you. By submitting information, you understand and give us permission to use this information to help better our services, without credit to you.

Disclaimer

The author of Propagate Worldwide, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED WITHIN THE WEB SITE PUBLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.