By makeing an order via "Pay Now" - You agree to Terms of Use

Purpose: All services provided by GizmoVideo Hosting may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any Australian law and International law are prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. Client warrants and represents that all material it provides to GizmoVideo Hosting will accord with such rules, and agrees to indemnify, defend and hold harmless GizmoVideo Hosting from any claim(s) resulting from or associated with the use of the service, which damages GizmoVideo Hosting’s Client or any other party(ies) in any way. Description of Hosting Services: Hosting services include the hosting of Client's Video/Audio/Chat streams live on shared or dedicated Flash Media Interactive Server3 enabled servers and GizmoVideo Hosting Web Servers.
Payment Policy & Termination: GizmoVideo Hosting current fees for the Services of streaming/hosting are set forth on the website or emailed to Client. Client shall pay GizmoVideo Hosting for hosting services monthly at the time of account activation. Client shall pay the recurring monthly fees associated with streaming/hosting packages applicable. Recurring streaming/hosting charges will be charged to Client's on-file credit card or invoiced each month on the closest business day to the start-date of the streaming/hosting account. These charges shall not change under current billing cycle unless Client should expressly request an upgrade, downgrade, or other alteration of streaming/hosting. GizmoVideo Hosting retains the right to adjust prices on any and all services. Price changes will take effect 30 days after being posted on the website or emailed to Client Acceptable methods of payment include MasterCard and Visa via PayPal and/or Bank Transfer. Client can cancel account at any time. Accounts must be cancelled prior to 30 days of renewal period to avoid billing in the next billing period. Cancellations must be sent in writing or emailed. GizmoVideo Hosting reserves the right to terminate any hosting service if the customer breaches these terms & conditions. GizmoVideo Hosting reserves the right to terminate any hosting service after the initial period in its sole discretion.
Regulation of Certain Content: Client accepts that it is Client's responsibility to prescreen and editorially control the content of Client's Web Page, if any, and the audio and/or video and/or chat stream. GizmoVideo Hosting reserves the right to request the removal of information in the audio and/or video streams brought to its attention which it deems detrimental to GizmoVideo Hosting or any person. Client agrees not to include in the Web Page or in the audio and/or video stream any technology, information or material which violates or infringes any patent, trademark, copyright, trade secret or any other rights of any person, firm or corporation, or which a reasonable person would consider abusive, profane or offensive, which is defamatory or harassing, or which violates or encourages others to violate any applicable law. GizmoVideo Hosting reserves the right to refuse service to anyone, in its sole discretion. To protect itself, GizmoVideo Hosting may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed by Client's violation of these provisions and to any law enforcement agency serving a warrant or subpoena on GizmoVideo Hosting. GizmoVideo Hosting will be the sole arbiter as to what constitutes a violation of this provision. Client agrees to indemnify, defend and hold harmless GizmoVideo Hosting from any such claim(s).
Warranties: GizmoVideo Hosting makes no warranties of any kind, whether expressed or implied, for the service it is providing. GizmoVideo Hosting also disclaims any warranty, express or implied, of merchantability or fitness for a particular purpose. GizmoVideo Hosting will not be responsible for any damage suffered. This includes loss of data resulting from delays, non deliveries, mis-deliveries, or service interruptions caused by GizmoVideo Hosting negligence or the subscriber's errors or omissions. Use of any information obtained via GizmoVideo Hosting is at your own risk. GizmoVideo Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Interruption of Service: You hereby acknowledge and agree that GizmoVideo Hosting will not be liable for any temporary delay, outages or interruptions of the Services. Further, GizmoVideo Hosting shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
Maintenance: You hereby acknowledge and agree that GizmoVideo Hosting reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. GizmoVideo Hosting will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
Termination of Service: Services will be suspended or terminated on the payments due date if Client fails to pay any amount when due. The contents will be deleted and will require charges to reinstate the material. GizmoVideo Hosting reserves the right to terminate any customer and any and all services for any reason. A waiver of this or any other provision by GizmoVideo Hosting does not constitute a continuing waiver or a waiver of any other of GizmoVideo Hosting rights at law or in equity.
Upgrading or Downgrading Services: GizmoVideo Hosting services may be upgraded or downgraded at anytime via e-mail and will take effect beginning on the next billing date. All charges incurred prior to the next billing date will be billed at the current service plan rates. The new rates will take effect on the first day of your next billing cycle.
Force Majeure: GizmoVideo Hosting is excused from any failure or delay in performance of responsibilities otherwise imposed by this Agreement for any cause beyond its reasonable control. Such causes shall include without limitation fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses and incompatible or defective equipment, software or services not supplied by GizmoVideo Hosting. Nothing herein enlarges any warranty or diminishes any disclaimer provided in Section 4("Warranties").
Confidentiality and Trade Secrets: a) Confidentiality: Each party hereby acknowledges that it may be exposed to confidential and proprietary information belonging to the other party or relating to its affairs, including without limitation technical information and development techniques, business and financial information, visitor lists and other information designated by a party as confidential or proprietary. Confidential Information does not include (i) information already known or independently developed by the recipient; (ii) information in the public domain through no wrongful act of the party, or (iii) information received by a party from a third party who was free to disclose it. Each party agrees that during the Term and at all times thereafter it shall not use, commercialize or disclose the other party's Confidential Information except in performing its obligations under this Agreement. Each party shall use the same degree of care in safeguarding the other party's Confidential Information as it uses in safeguarding its own Confidential Information, but in no event shall it use less than due diligence and care. Neither party shall alter or remove from any Confidential Information of the other party any proprietary, copyright, trademark or trade secret legend. b) Trade Secrets: GizmoVideo Hosting represents that its hardware and software configurations are trade secrets. Client shall not access internal components of hardware; source codes or object codes of software or any other internal hardware or software configurations by either direct means or by means of any process of reverse engineering.
Limitation of Liabilities: The following provisions are a material condition of this Agreement and reflect a fair allocation of risk: a) Remedies. Client agrees that if GizmoVideo Hosting violates any warranty or other provision of this Agreement and GizmoVideo Hosting determines that repair or other corrective action is not economically or technically feasible, Client's sole and exclusive remedy will be to seek a refund of up to the amount paid by Client to GizmoVideo Hosting for services rendered hereunder during the previous one (1) month. b) Liabilities. GizmoVideo Hosting IS NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID BY CLIENT FOR SERVICES HEREUNDER DURING THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. IN NO EVENT SHALL GIZMOVIDEO HOSTING BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL. EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
Cancellation of Service by Client: Client shall have the right to terminate service with 30 days notices, unless a GizmoVideo Hosting Written Agreement specifies otherwise. GizmoVideo Hosting will not be responsible for storage and preservation of Client's materials at any time. GizmoVideo Hosting reserves the right to immediately collect, up to the total of any charges associated with the account that have not been satisfactorily paid by charging the clients Credit Card on file or by Invoice.
Effective Date of Cancellation: Upon receipt of written notice from client, followed by written acknowledgement from GizmoVideo Hosting to cancel the service, the Effective Date of Cancellation shall be the end of the current billing cycle for all GizmoVideo Hosting accounts. No refunds will be made for the current billing cycle. All monies due, but not limited to, for Bandwidth, Server Space, Website Hosting and all other services offered by GizmoVideo Hosting are due upon cancellation of service.
Notices: All notices given hereunder must be in writing and transmitted by Email, Fax or Normal Mail, return receipt requested.
Miscellaneous: This is the entire Agreement between the parties. This Agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. This Agreement may be modified or amended only by a writing signed by the party against whom enforcement is sought. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Heading are for reference purposes only and have no substantive effect. Each party is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Use of GizmoVideo Hosting services constitutes acceptance of this Agreement.
All other terms shall be negotiated in good faith.