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This document outlines the Terms of Service ("TOS") to detail the responsibilities of SSW's Web Hosting members ("MEMBER"). These Terms of Service govern the use of the SSW Web Hosting Service ("SERVICE").
The term "SSW" and "Superior Software for Windows" are used to refer to Corporate Entity that is named Superior Software for Windows Pty. Ltd. with ABN 21 069 371 900. The term "membership" refers to the access, content, and services that WE provides to our MEMBERS. The term "MEMBER" shall be used to refer to all levels of membership, including but not limited to, Bronze, Silver, and Gold Plans. By joining the SERVICE and becoming a MEMBER you must agree to these Terms of Service.
1. SSW reserves the right to cancel any membership, including files and content, for any reason, or no reason at all, at any time. You agree to maintain back-up files of all information you post on the SERVICE and you agree that SSW will have no liability for removing any data the MEMBER has posted.
2. SSW reserves the right to access and review its MEMBER's content, files, or web pages for any reason at our sole discretion.
3. The SERVICE does not permit any of the following types of content:
- Nudity, pornography, anything of a sexual, lewd, or obscene nature
- Violations of any copyright or any other right of any third party
- Threatening, abusive, harassing, defamatory statements
- Promotion of illegal activities (info on hacking, cracking, making illegal devices, etc)
- Information, instructions, or software containing or about any kind of virus
- Hate speech or hate propaganda
- Use of member web space as storage for the purpose of loading remotely
- Use of member web space as a doorway, signpost, or gateway to another website
- Content that links to content that violates the SERVICE's Terms of Service
- Misrepresentation of member's identity, or the impersonation of anyone, including SSW Staff
- Collection of personal information for illegal purposes.
- Content that is deemed by SSW, in its sole discretion, to be harmful to SSW or the SERVICE, another company or organization, or individual
- Solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent
3. The SERVICE does not permit the following file types:
- Compressed files which include but are not limited to: rar, .ace, .lzh, .zip, and .arj larger than 2megabyte. These files will automatically and without notice be removed if they are found in your member space unless otherwise agreed upon.
4. MEMBER name restrictions are as follows:
- No vulgar or offensive language
- No use of a name other than your own
- No use of a name that is an organization or entity other than your own
- No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization
5. MEMBERs agree to receive updates and newsletters by email as SSW decides to send them.
6. Actions that may cause termination of membership:
- Posting or providing links to content that violates these Terms of Service
- Using a membership that is not yours or is inactive
- Signing up for more than one membership by the same person
- Sending unsolicited (bulk, Spam) email from or referencing your space
- Reproduction or use of another member's content without permission
7. SSW does not preview the content of it's members and therefore all member content is provided to "AS IS" and without any warranty or any kind by SSW.
8. SSW is not responsible for any content, opinions, or views expressed by it's MEMBERs on or in their web space.
9. SSW does not endorse any content contained within it's MEMBER's pages.
10. SSW will cooperate with all law enforcement efforts pertaining or involving the use of SSW's MEMBER's web space and content. This may result in SSW disclosing all information given to SSW including but not limited to information contained in MEMBER's profiles.
11. Limitations of Liability
 a. The service is provided on an "as is" and "as available" basis. SSW expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
 b. SSW makes no warranty that (i) the service will meet your requirements or that, (ii) the service will be uninterrupted, timely, secure, or error-free,
 c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
 d. No advice or information, whether oral or written, obtained by you from SSW shall create any warranty not expressly stated in herein.
 e. You expressly understand and agree that SSW shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SSW has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
12. You agree to indemnify and hold SSW, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by your violation of these Terms of Service, or your violation of any rights of another.
13. These Terms of Service constitute the entire agreement between you and SSW and govern your use of the SERVICE, superseding any prior agreements between you and SSW. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and SSW shall be governed by the laws of the State of New South Wales, Australia. You and SSW agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales, Australia. The failure of SSW to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. SSW will always keep our servers patched and up to date, which may mean some code may occasionally need to be updated to stay current. No development is covered by the hosting agreement, and as such, any development will be charged on a time and materials basis.
15. SSW will install Microsoft security service packs on a regular basis. SSW is not responsible for any loss of data, interruption of services or adverse effects this causes to your application.
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