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Date: 21/11/2008
Time: 11:38:05 PM
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SiteNet - Conditions of Use/Legal Information
DESCRIPTION OF SERVICE
GPP Software provides users with the SiteNet web site hosting system for public use. In order to use the System, you must have access to e-mail and a web browser and you must 'Join' SiteNet to gain membership to be able to build and configure web sites.
Unless explicitly stated otherwise, any new features added to the current System shall be subject to these Conditions of Use (CoU). You understand and agree that GPP Software SiteNet ("The System") is provided "AS-IS" and that GPP Software assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. The System should not be used for high security, safety related or critical communications.
By joining SiteNet, you agree to be bound by the following Terms and Conditions.
The rules governing the use of this System are determined by GPP Software and may be changed at any time without notice to you.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the System, you agree to:
- provide true, accurate, current and complete information about yourself as requested when completing the joining process; and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
In particular to join, you must provide your real name and email address - false/pseudo names are not acceptable. If you provide any information that is untrue, inaccurate, not current or incomplete, or GPP Software has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GPP Software has the right to suspend or terminate your account and refuse any and all current or future use of SiteNet.
PRIVACY POLICY
Please see the GPP Software Privacy Policy.
MEMBER ACCOUNT, PASSWORDS AND SECURITY
When you sign up to the System, you will create an account with a password of your choice. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
- immediately notify GPP Software of any unauthorised use of your password or account or any other breach of security; and
- ensure that you exit from your account at the end of each session. GPP Software cannot and will not be liable for any loss or damage arising from your failure to comply.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GPP Software, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the System. GPP Software does not control the Content posted via SiteNet and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the System, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GPP Software be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the System.
You agree to not use the System to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a GPP Software official, site manager, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that GPP Software does not screen Content, but that GPP Software shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the System. Without limiting the foregoing, GPP Software shall have the right to remove any Content that violates these Conditions of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GPP Software or submitted to GPP Software, including without limitation information in the SiteNet and in all other parts of the System.
You acknowledge and agree that GPP Software may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Conditions of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GPP Software, its users and the public.
You understand that the technical processing and transmission of the System, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You accept that any views expressed in SiteNet whether implied or otherwise are those of the respective author only and are not those of GPP Software.
GPP Software will not be responsible for messages sent by members which contain personal information or references to other web sites. This includes all content and material including viruses.
PUBLIC CONTENT POSTED TO THE SYSTEM
For purposes of the Conditions of Use, "publicly accessible areas of the System" are those accessible by the general public.
With respect to Content you elect to post for inclusion in publicly accessible areas of the System or that consists of documents, photos or other graphics, you grant GPP Software the world-wide, royalty free and non-exclusive license to reproduce and publish such Content on the System solely for the purpose of displaying and distributing that Content for other users. This license exists only for as long as you elect to continue to include such Content on the System and shall be terminated at the time you delete such Content from the System.
INDEMNITY AND RELEASE
We have no control over the Content of the System. GPP Software has no control over the quality, safety, or legality of information provided or items advertised.
You agree to indemnify and hold GPP Software, and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the System, your use of the System, your connection to the System, your violation of the Conditions of Use, or your violation of any rights of another.
TERMINATION
You agree that GPP Software, in its sole discretion, may terminate your password, membership (or any part thereof) or use of the System, and remove and discard any Content within the System, for any reason, including, without limitation, for lack of use or if GPP Software believes that you have violated or acted inconsistently with the letter or spirit of the Conditions of Use. GPP Software may also in its sole discretion and at any time discontinue providing the System, or any part thereof, with or without notice. You agree that any termination of your access to the System under any provision of these Conditions of Use may be effected without prior notice, and acknowledge and agree that GPP Software may immediately deactivate or delete your membership and all related information and files in your account and/or bar any further access to such files or the System. Further, you agree that GPP Software shall not be liable to you or any third-party for any termination of your access to the System.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the System is at your sole risk. The System is provided on an "as is" and "as available" basis. GPP Software expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
GPP Software makes no warranty that:
- The System will meet your requirements;
- The System will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the System will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the System will meet your expectations; and
- any errors in the software will be corrected.
- any material downloaded or otherwise obtained through the use of the System is done at your own discretion and risk and that you will be solely responsible for any damage to your computer the System or loss of data that results from the download of any such material.
- no advice or information, whether oral or written, obtained by you from GPP Software or through or from the System shall create any warranty not expressly stated in the Conditions of Use.
LIMITATION OF LIABILITY
You expressly understand and agree that GPP Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GPP Software has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the System;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the System;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the System; or
- any other matter relating to the System.
NOTICE
Notices to you may be made via either email or regular mail. The System may also provide notices of changes to the Conditions of Use or other matters by displaying notices or links to notices to you generally on the System.
GENERAL INFORMATION
The Conditions of Use constitute the entire agreement between you and GPP Software and govern your use of the System, superseding any prior agreements between you and GPP Software. The Conditions of Use and the relationship between you and GPP Software shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions. You and GPP Software agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales. The failure of GPP Software to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the System or the Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between GPP Software and any user of the System. Any notice to you or to us shall be made by either email or regular mail. You agree not to resell or assign your rights or obligations under these terms and conditions.
The section titles in the Conditions of Use are for convenience only and have no legal or contractual effect.
Where Web Shop packages are used, it is the responsibility of vendors to check customer credentials prior to fulfilling orders. We act as an order passing service, using your chosen payment provider.
GPP Software reserves the right to disable sites where payments for packages are not made.
GPP Software reserves the right to remove and/or cancel sites at our discression which do not conform to our content requirements or content requirements specified by law.
VIOLATIONS
Please report any violations of the Conditions of Use by contacting us.
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