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Terms and Conditions
The following describes the Terms of Service Conditions of Use for our AussieNic.net website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR
WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR
WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT
USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT
INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR
WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE
AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS,
DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT
LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES,
SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using this website, you agree to obey these Terms of Service and
Conditions of Use. Please read them carefully.
Our AussieNic.net website (and other "internal" websites stemming from
it, such as specific membership sites or webpages pertinent to the
main website or weblog) is an online (and, periodically, offline)
information service and is subject to your compliance with the terms
and conditions set forth below (all parts and parties collectively
referred to as our website).
Any other policies, notices, or other legal/administrative pages
contained in our website are necessarily incorporated into these Terms
of Service and Conditions of Use. This may include, without
limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright
Notice, Anti-Spam Policy, and FTC Compliance Policy.
You agree to obey all applicable laws and regulations regarding your
use of our AussieNic.net website and the content and materials provided
in it.
Our website is an independent, stand-alone entity that has no
relationship, connection, or affiliation whatsoever with any company,
person, outfit, organization, or group mentioned herein, even if such
name appears in our website name, domain, URL, or otherwise. You
should assume no other party, by mere mention of their name, has
endorsed anything you see here. The aim is simply to provide useful
resources for our readers, some of which we may be compensated for.
You should simply assume at all times we are being compensated and,
while that may not prompt us to make unsound recommendations, you
should always be responsible for your own financial decisions, be it
investing, purchasing, donating, or otherwise.
1. Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our website.
The entire contents of our website are protected by intellectual
property law, including international copyright and trademark laws.
The owner of the copyrights and/or trademarks are our website, and/or
other third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog
post, software, application, add-on, plugin, art, graphics, images,
photos, video, webinar, recording or other materials viewed or
listened to through or from our AussieNic.net website or via email or
by way of protected content in a membership site. The posting of data
on our website, such as a blog comment, does not change this fact and
does not give you any right in the data. You surrender any rights to
your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all
copyright and other proprietary notices contained in the original
content on any copy you make of the content. You may not sell or
modify the content or reproduce, display, publicly perform,
distribute, or otherwise use the content in any way for any public or
commercial purpose. The use of paid content on any other website or in
a networked computer environment for any purpose is prohibited. If you
violate any of the terms or conditions, your permission to use the
content automatically terminates and you must immediately destroy any
copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to
use our website only for private, personal, noncommercial reasons. You
may print and download portions of material from the different areas
of the website solely for your own non-commercial use, provided that
you agree not to change the content from its original form. Moreover,
you agree not to modify or delete any copyright or proprietary notices
from the materials you print or download. Also note that any notice on
any portion of our website that forbids printing & downloading trumps
all prior statements and controls.
As a user, you agree to use the products and services offered by our
website in a manner consistent with all applicable local, state and
federal laws and regulations. No material shall be stored or
transmitted which infringes or violates the rights of others, which is
unlawful, obscene, profane, indecent or otherwise objectionable,
threatening, defamatory, or invasive of privacy or publicity rights.
Our AussieNic.net website prohibits conduct that might constitute a
criminal offense, give rise to civil liability or otherwise violate
any law. Any activity that restricts or inhibits any other user from
using the services of our website is also prohibited. Unless allowed
by a written agreement, you may not post or transmit advertising or
commercial solicitation on our website.
You agree to grant to our website a non-exclusive, royalty-free,
worldwide, irrevocable, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of our website (such as bulletin boards, forums, blog,
and newsgroups) or by e-mail to our website by all means and in any
media now known or hereafter developed. You also grant to our website
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you
shall have no recourse against our website for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to our website.
Trademarks
Publications, products, content or services referenced herein or on
our website are the exclusive trademarks or servicemarks of our
AussieNic.net website or related parties. Other product and company
names mentioned in our website may be the trademarks of their
respective owners.
Links to Our Website
You may provide links to our website, provided you do not change,
remove, or obscure the copyright notice or other notices on our
website. Your website or other source of links must not engage in
illegal or pornographic activities. Finally, you may link provided you
understand that you must stop linking to our website immediately upon
request by our website.
2. Use of our website:
You agree, acknowledge, and accept that we are not trained
professionals and do not purport to render professional or expert
advice in any arena.
Data contained on or made available through our AussieNic.net website
is not intended to be, and does not constitute, legal advice. Our
website, and your use of it, does not create an attorney-client
relationship. We do not warrant or guarantee the accuracy, adequacy,
or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not
intended to be, and does not constitute, medical or health advice. Our
website, and your use of it, does not create a physician-patient
relationship. We do not warrant or guarantee the accuracy, adequacy,
or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not
intended to be, and does not constitute, financial/investing advice.
Our website, and your use of it, does not create an advisor-client
relationship. We do not warrant or guarantee the accuracy, adequacy,
or recency of the data contained in or linked to our website.
Your use of our AussieNic.net website or materials linked to our
website is completely at your own risk. You should not act or depend
on any data on our website, where applicable, without seeking the
counsel of a competent lawyer licensed to practice in your
jurisdiction for your particular legal issues. You should not act or
depend on any data on our website, where applicable, without seeking
the counsel of a competent physician licensed to practice in your
jurisdiction for your particular medical issues. You should not act or
depend on any data on our website, where applicable, without seeking
the counsel of a competent financial advisor licensed to practice in
your jurisdiction for your particular financial needs and issues.
We may make changes to the features, functionality or content of our
website at any time. We reserve the right in our sole discretion to
edit or delete any data appearing on our website.
Your Duty To Other Users
Your use of our website is for your own personal, non-commercial
benefit. In no way are you to leverage our website in a way that mines
for the personal information of other, whether in blog comments or
otherwise, for your own use or for the benefit of others. This
includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users,
you shall not share this with anyone else.
Restricted access
Access to certain areas of our AussieNic.net website is restricted. We
reserve the right to restrict access to other areas of our website, or
indeed our whole website, at our discretion.
If we provide you with a user ID (username) and password to enable you
to access restricted areas of our website or other content or
services, you must ensure that that user ID and password is kept
confidential. You may not share your user ID and/or password with
anyone for any reason, either directly or indirectly. You accept
responsibility for all activities that occur under your user ID or
password.
We may disable your user ID and password at our sole discretion or if
you breach any of the policies or terms governing your use of our
AussieNic.net website or any other contractual obligation you owe to
us.
Third-Party Products/Services
You understand that, except for information, products or services
clearly identified as being supplied by our website, our website does
not operate, control or endorse any information, products or services
on the Internet in any way. Except for information identified by our
website as such, all information, products and services offered
through our website or on the Internet generally are offered by third
parties that are not affiliated with our website, and we may be
compensated.
Viruses, etc.
You also understand that our AussieNic.net website cannot and does not
guarantee or warrant that files available for downloading through our
website will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to our website for the
reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE
AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR
WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our
AussieNic.net website makes no representations about the accuracy,
reliability, completeness, or timeliness of the content or about the
results to be obtained from using our website or the content on it.
Use of our website and the content is at your own risk. Changes are
periodically made to our website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE
OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND
OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE
CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST
DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR
WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO
OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE
AVAILABLE.
Links to Other Websites.
Our website contains links to third party Websites. Our
AussieNic.net
website makes no representations whatsoever about any other website
which you may access through this one or which may link to this
website. When you access a website from our website, please understand
that it is independent from our website, and that our website has no
control over the content on that website. These links are provided
solely as a convenience to you and not as an endorsement by our
website of the contents on such third-party Websites. Our website is
not responsible for the content of linked third-party Websites and
does not make any representations regarding the content or accuracy of
material on such third party Websites. If you decide to access linked
third-party Websites, you do so at your own risk. We do not
necessarily endorse, recommend, suggest or otherwise make any overture
or prompt for action regarding any product or service offered. You
should assume we are compensated for any purchases you make. Again,
any income claims should be construed as atypical results and you
assume the risk that inferior results obtain, including losses, for
which we carry no responsibility or liability.
User Submissions
As a user of our AussieNic.net website, you are responsible for your
own communications and are responsible for the consequences of their
posting. You must not do the following things: post material that is
copyrighted, unless you are the copyright owner or have the permission
of the copyright owner to post it; post material that reveals trade
secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others; post material
that is obscene, profane, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user of our website or any other
person or entity; post a sexually-explicit image; post advertisements
or solicitations of business; post chain letters or pyramid schemes;
or impersonate another person.
Our website does not represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted by other users
of our website or endorse any opinions expressed by users of our
website. You acknowledge that any reliance on material posted by other
users of our website will be at your own risk.
Our AussieNic.net website does not necessarily screen communications in
advance and is not responsible for screening or monitoring material
posted by users of our website. If observed by our website and/or
notified by a user of communications which allegedly do not conform to
this agreement, our website may investigate the allegation and
determine in good faith and its sole discretion whether to remove or
request the removal of the communication. Our website has no liability
or responsibility to users of our website for performance or
nonperformance of such activities. Our website reserves the right to
expel users of our website and prevent their further access to our
website for violating this agreement or any law or regulation, and
also reserves the right to remove communications which are abusive,
illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose
much personal information about themselves, in a way that seems
innocuous, if not proper and expected. However, more than a few folks
have already lived to regret personal information that was shared
either by them or others. This has long been true of simple email. It
is exponentially true of social websites and applications for social
media on any other website, including this one. You are cautioned
against carelessly disclosing information.
3. Indemnification:
You agree to indemnify, defend and hold harmless our AussieNic.net website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.
4. Third Party Rights:
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
5. Term; Termination:
We reserve the right to investigate complaints or reported violations
of these Terms of Service and Conditions of Use and to take any action
we deem appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any data necessary or
appropriate to such persons or entities relating to your profile,
email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by
AussieNic.net
without notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an
Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous)
shall survive any termination of this Agreement, in whole or in part.
6. Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity:
Choosing a lawyer, doctor, or investment advisor is a serious matter
and should NOT be based solely on data contained on our website or in
advertisements.
The law is constantly changing and the data may not be complete or
accurate depending on your particular legal issue. Each legal issue
depends on its individual facts and different jurisdictions have
different laws and regulations. This is why you should seriously
consider hiring licensed, professional counsel in your jurisdiction.
Medical issues are complex, and can often stem from both organic and
psychological factors. Never should a website be used as a source of
diagnosing or treating medical problems.
Financial matters are highly individualistic. Risk tolerance is just
one factor to consider before making any investments or financial
decisions. For these, and other, reasons, you should look to the
guidance of a trained professional, not a website.
You may send us email, but in no instance will this communication in
any way be construed as initiating an attorney-client relationship, or
other professional relationship, and so the contact should not include
confidential or sensitive data because your communication will not be
treated as privileged or confidential.
7. Miscellaneous:
Governing Law
This Agreement shall treated as though executed, set in force, and
performed in the State of TEXAS. Accordingly, it shall be governed
and construed in accordance with the laws of TEXAS in terms of
those applicable to agreements, without regard to conflict of law
principles.
Disputes
Any cause of action by you with respect to our AussieNic.net website
must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the
limitations set forth in these Terms of Service and Conditions of Use.
Any legal claim arising out of or relating to these Terms of Service
and Conditions of Use or our website, excluding intellectual property
right infringement and other claims by us, shall be settled
confidentially through mandatory binding arbitration per the American
Arbitration Association commercial arbitration rules. The arbitration
shall be conducted in YOURSTATE. Each party shall bear one half of the
arbitration fees and costs incurred, and each party shall bear its own
lawyer fees. All claims shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party.
Modification
Neither the course of conduct between the parties nor industry trade
practice shall act to modify any provision of this Agreement.
Assignability
Our website may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be
interpreted as to its fair meaning and not strictly for or against any
party. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party (i.e. "contra preferentum")
shall not apply in interpreting these Terms of Service and Conditions
of Use, as the Agreement shall be construed as having been co-authored
by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be
held invalid or unenforceable, that portion shall be construed as much
as possible consistent with applicable law and severability shall
apply to the remaining portions, so that they remain in full force and
effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in
conflict or inconsistent with these Terms of Service and Conditions of
Use, these Terms of Service and Conditions of Use shall take
precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and
Conditions of Use shall not be deemed a waiver of the provision nor of
the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall
survive any termination of this agreement.
Any rights not expressly granted herein are reserved to
AussieNic.net.
CHANGE NOTICE:
As with any of our administrative and
legal notice pages, the contents of this page can and will change over
time. Accordingly, this page could read differently as of your very
next visit. These changes are necessitated, and carried out by
AussieNic.net, in order to
protect you and our
AussieNic.net website. If this page is important to you, you
should check back frequently as no other notice of changed content
will be provided either before or after the change takes effect.
COPYRIGHT WARNING:
The legal notices and
administrative pages on this website, including this one, have been
diligently drafted by an attorney. We at
AussieNic.net have paid to
license the use of these legal notices and administrative pages on
AussieNic.net for your
protection and ours. This material may not be used in any way for any
reason and unauthorized use is policed via Copyscape to detect
violators.
QUESTIONS/COMMENTS/CONCERNS:
If you have any questions about
the contents of this page, or simply wish to reach us for any other
reason, you may do so by following this link:
https://aussienic.net/contact_us
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