Website Terms and Conditions Agreement



1. Web site terms of use

2. Legal disclaimer

3. Our Privacy policy

4. Affiliate Web sites agreement

5. BBS/chat room/forum use agreement

 

1. WEB SITE TERMS OF USE

If you do not agree to the Terms of Use, discontinue using the (web site URL) site at once!

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the web site.

Restrictions on Use of Materials:

All materials on this web site are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are



protected by Australian and International Copyright Laws, and may not be copied, reprinted, published, up-loaded to an Internet Web site, re-engineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of [Name of Company/Business] or of other owners used with their permission.

Commercial Online Database -- Ownership, License, and Intended Use:

[Name of Company/Business] and you accept, that [Name of Company/Business] is the owner of the copyright of the online Databases of Links to various articles and resources available from time to time through [Name of Company/Business] and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

YOU MAY:

[Name of Company/Business] grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from [Name of Company/Business] only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, re-engineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.





Moreover, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output; both in print (machine-readable) or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Personal Liability:

The materials in this site are provided "as is" and without warranties of any kind either express or implied [Name of Company/Business] disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. [Name of Company/Business] does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are "free of viruses" or other harmful components. [Name of Company/Business] does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You will assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall [Name of Company/Business] be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if [Name of Company/Business] or a [Name of Company/Business] authorized representative has been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall [Name of Company/Business] total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site.

Relative facts and information at this web site are believed to be accurate at the time they were placed on the web site. Changes may be made at any time without prior notice. All online data provided on this web site (state web site URL) is to be used for information purposes only. The information contained on this web site and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this web site are only offered in jurisdictions where they may be legally offered. Information provided in our web site is not all-inclusive, and is limited to information that is made available to [Name of Company/Business] and such information should not be relied upon as all-inclusive or accurate.

Internet Links and Visible Marks:

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other web sites or references to products, services or publications other than those of [Name of Company/Business] and its subsidiaries and affiliates at this web site, do not imply the endorsement or approval of such web sites, products, services or publications by [Name of Company/Business] or its subsidiaries and affiliates.

Certain names, graphics, logos, gifs, jpegs, icons, designs, words, titles or phrases at this web site may constitute trade names, trademarks or service marks of [Name of Company/Business] or of other entities. The display of trademarks on this web site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Non Disclosure of Codes, Passwords and Applicable Information: You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from [Name of Company/Business] and all information to which you have access through password-protected areas of [Name of Company/Business] web sites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Important Legal Information:

These Terms of Use will apply to every access to {http://www.}. [Name of Company/Business] reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from [Name of Company/Business] will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by you without [Name of Company/Business] written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the state of: _______, {Country} as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate [Name of Company/Business] and/or its affiliates' intellectual property rights, [Name of Company/Business] and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of ______, and you consent to exclusive jurisdiction and venue in such courts.

Disputes & Mediation:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator being the Australian Mediation Council or like organisation in the following location: _________. {State in which you reside}. Any additional costs and legal fees other than attorney fees associated with the mediation will be shared equally by each of us.

We agree to submit the dispute to binding arbitration at the following location: _________, under the rules of the American Mediation Council. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination:

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all [Name of Company/Business] web site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at [Name of Company/Business] sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Name of Company/Business] web site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. Any information on the web site can change at any given time because of updating and deleting of old information or adding new information.

2. LEGAL DISCLAIMER

THE MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. SITE OWNER OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. SITE OWNER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. WEB SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN NO EVENT SITE OWNER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THIS SITE, EVEN IF SITE OWNER HAS BEEN ADVISED OF SUCH DAMAGES.





3. OUR PRIVACY POLICY[Name of Company/Business] strives to offer its web site visitors the many advantages of Internet technology and to provide an interactive and personalised web site experience. We may use Personally Identifiable Information (your name, e-mail address, etc) subject to the terms of this privacy policy. We will never sell, give away, barter, or rent your e-mail address to any unauthorized third party. Period.

Gathered Web site information:

[Name of Company/Business] collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site's features according to your preferences.

Collected Data -- What we do with it: Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your details and/or information with anyone else.

Accumulated Information (details and/or information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (i.e.. to learn which pages are visited most). Accumulated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you personally.

We may use Personally Identifiable Information collected on {http://www} to communicate with you about your registration and customized preferences; our Terms of Service and privacy policy; services and products offered by [Name of Company/Business] and other topics we think you might find of interest.

Personally Identifiable Information collected by [Name of Company/Business] may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties that provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets.

We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.

Affiliated sites, linked sites and advertisements:[Name of Company/Business] expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have there own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a {http://www} page, certain content that is actually created or hosted by a third party. Also, through [Name of Company/Business] you may be introduced to, or be able to access, information, Websites, features, contests or sweepstakes offered by other parties. [Name of Company/Business] is not responsible for the actions or policies of such third parties. You should always review the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our web site, our advertisers, promotional partners and/or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. [Name of Company/Business] does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of [Name of Company/Business] and this policy.

Minors: [Name of Company/Business] does not knowingly collect or solicit Personally Identifiable Information from or about children under the age of ___ except as permitted by law. If we discover we have received any information from a child under the age of ___ in violation of this policy, we will delete that information immediately. If you believe [Name of Company/Business] has any information from or about anyone under the age of ___, please contact us at the address listed below.

How To Contact Us:

We can be reached by contacting:

Mailing/Postal Address:

E-mail Address:

Changes to this Policy:

[Name of Company/Business] reserves the right to change this policy at any time. Please make sure you review and/or check this {http://www} Internet web page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing law: This policy and the use of this Web site are governed by the state of ______. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: __________, [State]. All costs and legal fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: ________, (State), under the rules of the Australian Mediation Council or like organisation.

Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

{http://www} is controlled, operated and administered entirely within [Name of Company/Business]. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

4. AFFILIATE WEB SITES AGREEMENT

This agreement describes the entire terms and conditions for ongoing participation in the [Name] Affiliate Web sites Program. In this legal agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to [Name of Company/Business]

Affiliate Site: [Merchant Facility] will create a unique URL for you when you submit a complete Affiliate Joining Form.





Commissions: You will receive [--% to --%] of the revenue as a commission from orders placed through your Affiliate Site (unless noted otherwise for a particular product) less the charges outlined by the Merchant Facility in their agreement at [http://www]. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links. Payment: The designated Merchant facility will send a cheque for the applicable commissions within the framework of their policies {http://www}. If any order that generated a referral fee is returned by the customer, or if there are any returned cheques or charge backs, the amount will be deducted by the Merchant facility from the next payment due affiliate.

Our Order Fulfillment: [Name of Company/Business] will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your web site as a "reseller" and no "resale" rights are granted in ANY way on these products unless otherwise noted. Our Customers: Customers who purchase products and services through the Affiliate Program will be deemed to be customers of [Name of Company/Business]. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. [Name of Company/Business] policies will always determine the price paid by the customer.

Qualification for Commissions:



Affiliates must have an active link from their web site to their Affiliate link in order to qualify for commissions.

Qualifying Web Sites: [Name of Company/Business] reserves the right not to accept any site into the Affiliate Program based on site content. Web sites that Do Not Qualify for the Affiliate Program include sites which:

* Promotes sexually explicit materials

* Unsolicited Commercial E-mail or SPAMING*

*Promotes violence*

*Promotes discrimination based on race, sex, religion, nationality,

disability, sexual orientation, or age

* Promotes illegal activities

* Violates intellectual property rights

[Name of Company/Business] in no way participates in bulk unsolicited e-mailing or mass spamming, and all Affiliates are expected to adhere to this policy as well. Violation of this strict policy will result in the termination of this contract and immediate dismissal from the [Name of Company/Business] Affiliate Program, with no refund.

Relationship of Parties: You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or formal representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement.

Term and Termination: The term of this Agreement will begin when you accept and will end when terminated by either party. [Name of Company/Business] or you may terminate this Agreement at any time, with or without cause or notice. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the [Name of Company/Business] Web site, and all [Name of Company/Business] trademarks, gifs, jpegs, and logos, other [Name of Company/Business] Marks and all other materials provided in connection with this Agreement.

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.

Disclaimers: We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Disputes: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: _________, [State]. Any costs and legal fees other than solicitor fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: _________. [State], under the rules of the Australian Mediation Council or like organisation. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us.

Assignment: You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Miscellaneous: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

5. BBS/CHAT ROOM/FORUM USE AGREEMENT BBS Message boards/chat rooms are like any other organized gathering of people; there are rules of etiquette that everyone is expected to follow. We aim to foster the widest possible range of different, vibrant discussions with diverse viewpoints. In light of this goal, your experience is bound only by a set of common sense rules that ask you to be civil and show respect for others when you are online. You agree, through your use of this "The Internet Business Chat Room", that you will NOT post any material which is false, abusive, defamatory, inaccurate, harassing, obscene, profane, vulgar, spiteful, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of ANY law.

This is not the place for the airing of personal and/or business vendettas with other people; the naming of other people you may have an on going disagreement with or the identification of those other people by inference.

Legal actions can be taken against you by anyone named or referred to in this way.

You also agree not to post any copyrighted material unless you own the copyright or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, unsolicited chain letters, and solicitations are also inappropriate to this "The Internet Business Chat Room."

It is impossible for the "The Internet Business Chat Room" to confirm the validity of posts on this forum/chat room. Please remember that the messages are not monitored before they are posted and the "The Internet Business Chat Room" is not responsible for the content of the messages.

The site does not warrant the accuracy, completeness or usefulness of any details and/or information presented. The messages express the views of the author, are not necessarily the views of the "The Internet Business Chat Room."

Anyone who feels that a posted message is objectionable is encouraged to notify the administrator of this forum immediately. The "The Internet Business Chat Room" has the right to remove objectionable content, within a reasonable time frame, if it is thought that removal is necessary. This is a manual process however, so please realize that we may not be able to remove or edit particular messages immediately. This Web site policy goes for member details and profile information as well.





You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this BBS forum/chat room and any related web site to this forum/chat room. The "The Internet Business Chat Room" also reserves the right to reveal your personal identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another member, for your protection and for validity reasons. You also agree to never use another member's account to post messages or browse this forum/chat room.

After you register and log into the "The Internet Business Chat Room", you can fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information we deem inaccurate or vulgar will be removed.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this "The Internet Business Chat Room" or your ISP >contacted. This will only happen in the event of a major violation of this legal agreement.

This is the entire terms and conditions of the "The Internet Business Chat Room."

If any items on the site offend anyone please contact [Name of Company/Business] soon as possible or you may lodge a formal complaint at {http://www}