Application and Variation of these Terms: These terms and conditions are the terms on which we provide the Service / Products to you. These terms constitute the agreement in its entirety and supersede prior agreements. We may modify these terms, the pricing structure for any Service or the terms of the operation by general notice on a page of the Internet referred to on our Home Page and/or by email, and any use after that publication will constitute an acceptance of that modification. These terms and conditions may vary from time to time and will be published on this web site.

Copyright

All reports and associated Web Site design, text, graphics, the selection and arrangement thereof, and all software is Copyright (c) 2000 -2005 WebAlive. All Rights Reserved. Copyright in the material contained within this site and reports subsists under the Copyright Act 1968 (Cth) Australia and, through international treaties, the laws of many other countries.

Disclaimer

The information provided here is done so in good faith, but comes with no guarantee of merchantability or fitness for any particular purpose, and no guarantee that the service will meet specific client requirements.

Payment

All WebAlive agreements are for a minimum term of 12 months. Payable annually in advance. For all other transactions Payment is due within 7 days of the date of invoice. Accounts are in default if payment is not received within 7 days after date of invoice. Accounts unpaid 60 days after date of invoice may have service interrupted or terminated. Such interruption does not relieve Customer of the obligation to pay Service agreement Monthly Fee's. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay WebAlive its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights under this Agreement. Prices are exclusive of any taxes which may be levied or assessed upon the Equipment or services provided hereunder. Any such taxes shall be paid by Customer. If the whole or any part of a payment is the consideration for a Taxable Supply, Customer must pay to WebAlive an additional amount equal to the applicable GST amount with that payment. WebAlive will provide to Customer a Tax Invoice at the same time as any GST amount is payable where applicable.


TRADE PRACTICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION WEB ALIVE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Certain legislation may imply terms, warranties or conditions that cannot be excluded, restricted or modified. This Agreement must be read subject to those statutory provisions. However, where such provisions apply and WebAlive is so entitled, WebAlive hereby limits its liability to either of the following options at its sole election: (i) in the case of goods, the replacement of the goods or resupply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (ii) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

Publicity

By participating in this transaction the client acknowledges and automatically authorises WebAlive to use it's name, and logo for the express and sole purpose of identifying the client as a client of WebAlive in it's Marketing material, both Print and Electronic. The client automatically authorises WebAlive to create a hyperlink from the User's web site to WebAlive web sites. The client may elect to withdraw it's permission for the use of same, but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain.

Returns & Refunds

By participating in this transaction, you have agreed to pay a 12 month license fee in advance for the use of the WebAlive hosting and functionality of your website. We regret that we cannot refund any proportion of this license fee for early cancellation or any part thereof of the pre-paid 12 month license fee.

Re-delegation

From the time that WebAlive delegate a domain name on behalf of a client, there may be a period of between 4 and 72 hours before WebAlive and it's related services become live. Systems are in place and all care will be taken to minimise any downtime of web site, e-mail and related services, but WebAlive does not guarantee nor take any responsibility for web site and e-mail down time during this 72 hour period. E-mails will be captured by WebAlive and forwarded to the client once delegation has been completed, however, WebAlive takes no responsibility or cannot be held liable for lost e-mails during this period.

Warranty - limitation

To the extent permitted by applicable law, all warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, are hereby excluded. The liability of WebAlive, if any, for damages relating to the provision of advice, services, or products will, to the extent permitted by law, be limited to the actual price paid by the purchaser for such advice, services, or products and will in no event include incidental, indirect, special or consequential damages of any kind.
IN NO EVENT SHALL WEBALIVE BE LIABLE TO RESELLER OR ANY END-USER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
All software and hardware may have errors, and therefore the use of the Products must be by skilled and suitably trained personnel who can verify the results of use to be accurate. WebAlive supplies the Products "as is" without warranty as to the correctness, completeness or accuracy of the results of use, or as to any benefits of use of any nature.

Trademarks and Intellectual Property Rights

Intellectual Property Rights. WebAlive is the sole and exclusive owner of the Products and the underlying software code and all Intellectual Property Rights in relation to the Products. All Improvements to the Products, will remain the property of WebAlive. For the purpose of clarification, components created solely within the WebAlive Professional environment and “plug in” modules which can operate within the WebAlive Professional environment (such as ) are not generally included in the definition of Improvements.
Trademarks. WebAlive shall have and retain sole ownership of the Trademarks, including the goodwill pertaining thereto.
No Copying, etc. Any licensee shall refrain from copying, reverse engineering, disassembling, decompiling, translating, or modifying the Products, or granting any other person or entity the right to do so.

Acceptable Use Policy

The User accepts sole responsibility for ensuring that site content is not deceptive; inaccurate; defamatory; pornographic, obscene or sexually explicit; discriminatory to any race, ethnic group, religion, or sect; discriminatory or offensive to the disabled or any physically, socially or economically disadvantaged community sector; discriminatory against any persons of a particular gender or sexual persuasion; discriminatory against any professional or trade group; offensive, or derogatory to any person or persons; or likely to in any way interfere with or harm the business of any person or entity or to interfere in any way with the natural course of business. User further warrants that nothing on user's site shall be published in breach of copyright or patent laws; contrary to the terms of any binding Non-Disclosure or Confidentiality Agreement; in breach of any Privacy Act; or in contravention of any applicable Statute or Law, whether such law shall be agreed to by International Convention or shall be specific to a country or state, and whether or not such statute or law is specifically stated to apply in the Commonwealth of Australia.

WebAlive may, but shall not be obligated to, immediately and without notice, terminate the provision of services to the User and remove User's site in the event that User is found to have breached any provision of law by the publication of such site, or to have engaged in illegal practices, illegal sale of goods, dangerous, offensive or harmful activities, and such termination may take place immediately on detection of such conduct and without notice to owner. User acknowledges that it shall have no remedy or recourse against WebAlive, nor shall the User be granted the right to cure, except at the sole discretion of the management of WebAlive.
Upon termination under this Clause, WebAlive shall have the right to delete and/or destroy any and all site content and information contained in User's account, without accounting to the User for such destruction. User shall have no redress in respect of loss or claimed loss of intellectual property business assets or loss or claimed loss of trade, or in respect of any other loss caused or claimed to be caused by or as a result of such deletion or destruction.
In the event of termination occurring under the terms of this provision, WebAlive shall be entitled to receive payment from user for services for the Term of Agreement currently in force at the time of such termination.
User expressly waives any statutory or legal rights which conflict with the provisions of this Clause.

User agrees not to use their web site or any services supplied by WebAlive for, or in connection with, any "spamming" activity or any other illegal or unethical marketing practice. The User will accept all responsibility and liability for content posted on their web site. WebAlive accepts no liability for any content published on a User's web site and if any Court proceedings are brought against WebAlive for any content published on a User's web site, the User will be liable for all court costs and legal representation costs associated with the Court proceedings.

Software License

WebAlive hereby grants the User a non-exclusive, non-transferable license to use its software in object code form only, on a server controlled by WebAlive, for the sole purpose of creating and maintaining a web site on the WebAlive server, or on such other server as may be licensed by WebAlive to host sites on its behalf, and under the terms and conditions of such license.
The User may not copy or reproduce the Software either in full or in part, nor attempt to in any way modify, alter, reverse engineer or de-compile the software. The User is not licensed to use or install the software, other than as specifically authorised by WebAlive.

General
JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has required the inclusion of this disclaimer.

Trade

The User agrees to comply with all requirements for the conduct of business applicable to persons conducting business both in Australia, and in the country of residence of the User. The User agrees not to breach any export law or trade restriction by the sale or supply of goods or services on User's site.

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