Terms & Conditions
Mantis Technologies agrees to provide, and Client agrees to receive, access to the
MantisMail service according to the following Terms and Conditions:
1. General
1.1 The Client is the person or entity who is applying to receive, or who is receiving,
services from Mantis Technologies.
1.2 The MantisMail Service is provided on an "AS IS, AS AVAILABLE" basis. Mantis
Technologies gives no warranty, express or implied, for the MantisMail Services
provided. This 'no warranty' clause expressly includes any reimbursement for losses
of income due to disruption of services by Mantis Technologies (The service provider)
or its providers beyond the fees paid by the client to Mantis Technologies for the
MantisMail service.
1.3 Client will use the MantisMail Service in a manner consistent with any and all
applicable laws of the State of Queensland and the Australian Federal Government.
1.4 Use of any information obtained by way of Mantis Technologies is at the Client's
own risk, and Mantis Technologies holds no liability for such use.
1.5 Mantis Technologies is not responsible for any damages arising from the Client's
use of services and products provided by Mantis Technologies or by the Client's
inability to use the products or services for any reason.
1.6 While Mantis Technologies shall make every reasonable effort to protect data
stored on its Server(s), Mantis Technologies is not responsible for Client's data,
files, or directories residing on Mantis Technologies or Mantis Technologies's (Service
provider) equipment.
1.7 The customer is required to provide Mantis Technologies with correct and up
to date contact details for billing and technical notification purposes. Mantis
Technologies takes no responsibility for disruption to services due to inability
to contact the customer.
2. Payment
2.1 The client agrees to a Monthly payment by automatic credit card debit as agreed
for the MantisMail Service.
2.2 Payment can be by bankcard, mastercard or visa and in accordance with the payment
terms indicated on the Mantis Technologies invoice, which will be forwarded to the
client by postal mail.
2.4 Mantis Technologies reserves the right, in its sole discretion, to deactivate
the client's MantisMail account(s) upon an indication of credit problems including,
but not limited to, delinquent payments.
2.5 The Client understands and accepts that fees and charges are based on the information
outlined on the pricing page found at
www.mantismail.com.au/pricing.aspx.
2.6 The Client understand and accepts that fees and charges may be changed at any
time without prior notice.
3. Change
3.1 Mantis Technologies reserves the right to modify these Terms and Conditions
in any way and as required. Notice of such changes will be delivered to users via
postings on Mantis Technologies Web Site only. Continued usage of MantisMail indicates
the client's acceptance of the Terms and Conditions in their amended form.
4. Trademarks and Copyrights
4.1 The client warrants that it has the right to use the applicable trademarks of
Client, and grants to Mantis Technologies the rights to use such trademarks, if
any, in connection with Mantis Technologies' promotion of, referencing of, cataloguing
of, or indexing of its clients.
4.2 The client hereby agrees that any material received by the Client and sent via
MantisMail will not violate or infringe any copyright, trademark, patent, statutory,
common law or proprietary rights of others, or contain anything libellous or harmful.
5. Hardware, Equipment, and Software
5.1 The client is responsible for and must provide all telephone, computer, hardware
and software equipment and services necessary to access the MantisMail Service.
Mantis Technologies makes no representations, warranties, or assurances that the
client's equipment will be compatible with Mantis Technologies services.
6. Internet Etiquette
6.1 Users of Internet and electronic forums should be considerate of the expectation
and sensitivities of others on the network when posting material for electronic
distribution. The network resources may not be used to impersonate another person
or misrepresent authorisation to act on behalf of others or Mantis Technologies.
All messages transmitted via Mantis Technologies services should correctly identify
the sender furthermore; users may not alter the attribution of origin in electronic
mail messages or postings. Users must not attempt to undermine the security or integrity
of computing systems or networks and must not attempt to gain unauthorised access
to said systems, networks or services.
6.2 Due to the public nature of the Internet, all information should be considered
publicly accessible, and important or private information should be treated carefully.
Mantis Technologies is not liable for protection or privacy of electronic mail or
other information transferred throughout the Internet or any other network Mantis
Technologies or its customers may utilise.
6.3 Use of distribution lists via unsolicited electronic mail or other electronic
mailings is strictly prohibited. Mantis Technologies reserves the right to deactivate
the Client's MantisMail account(s) upon an indication of such activity. Client hereby
agrees to indemnify and hold harmless Mantis Technologies from any claim resulting
form the client's or another party's use of electronic mail service(s) on the client's
MantisMail account(s).
6.4 Obscene Speech or Materials -- Using Mantis Technologies network to advertise,
transmit, store, post, display, or otherwise make available child pornography or
obscene speech or material is strictly prohibited.
6.5 Defamatory or Abusive Language -- Using the Mantis Technologies network as a
means to transmit or post defamatory, harassing, abusive, or threatening language
is strictly prohibited.
6.6 Other Illegal Activities -- Engaging in activities that are determined to be
illegal, including advertising, transmitting, or otherwise making available ponzi
schemes, pyramid schemes, fraudulently charging credit cards, and pirating software
is strictly prohibited.
6.7 Other Activities -- Engaging in activities, whether lawful or unlawful, that
Mantis Technologies determines to be harmful to its subscribers, operations, reputation,
goodwill, or customer relations is strictly prohibited.
Mantis Technologies reserves the right, in its sole discretion, to suspend the client's
services provided by Mantis Technologies - including but not limited to MantisMail
services, email accounts or others - without notice upon proof of breach of the
clauses outlined in Section 6.0 of this agreement.
7. Termination
7.1 The client may cancel the MantisMail Service provided by Mantis Technologies
upon the conditions that requests for cancellation are made in writing and sent
to Mantis Technologies via postal mail to PO Box 2320 Nerang MDC, QLD, 4211 or,
via electronic mail to admin@mantistech.com.au. Cancellation of any services will
not take effect until such notice is received. A refund is only available if Mantis
Technologies receives the cancellation request within 30 days of purchase date for
the services you are wishing to cancel. Setup and Administration fees are not refundable
at any time.
7.3 Mantis Technologies reserves the right to suspend Web Hosting Services and any
other services provided without notice for any unpaid or partially paid balances.
The Client is responsible for any legal fees incurred during the collection of any
unpaid amounts.
7.4 Spamming (the practice of sending unsolicited, unwelcome mass mailings to people)
is strictly prohibited. Any client found to be Spamming will have their MantisMail
account and any other services immediately terminated and find themselves billed
for any unpaid balances as well as for any damages that occur as a result of the
act of spamming.
8. Satisfaction Guarantee
The client may terminate any services solicited by them from Mantis Technologies
within the first thirty (30) days from activation of the hosting account and receive
a full refund. A request for termination of services must be received in writing
or via email as per outlined in Section 7.0, Termination. Setup fees, programming
fees, development fees and domain name payments are not refundable.
9. Agreement
The client agrees that the abovementioned terms and conditions constitute the full
and complete understanding between Mantis Technologies and the client of the obligations
and responsibilities of both parties to the other.