Terms & Conditions
1. Products & Services
Thank you for choosing to use the products and Products & Services provided to you by Quality Websites Unit Trust Pty. Ltd and/or its subsidiaries (”Quality Websites”, “Your Business Website”,”YBW”, “we”, “our”, or “us”) on this website. These General Terms & Conditions together with Quality Website’s Privacy Policy provided to you on the website or within provided documentation for the Products & Services you have purchased and the Additional Terms and Conditions for the Products & Services (collectively, the “Agreement”) govern your use of this website and the Quality Websites online Products & Services to which you are granted access under this Agreement, including but not limited to programs, components, internet-based Products & Services, content, technology, tools, updates, help content, and new releases (collectively, the “Products & Services”). This Agreement constitutes a legal agreement between you (”you” or “your”) and Quality Websites. By clicking “I AGREE”, and/or accessing or using theProducts & Services, you indicate that you understand and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights in the Products & Services, and you will not be able to access or use these Products & Services Your access to or use of any Products & Services may also be subject to your acceptance of separate agreements with Quality Websites and/or third parties. This Agreement incorporates by reference applicable program, subscription, activation, ordering and pricing terms provided to you online or offline for the Products & Services selected by you and for other Quality Websites Products & Services made available to you through these Products & Services, which may be subject to change from time to time. These terms will also govern your continued purchase and use of the Products & Services, including such additional Quality Websites internet based Products & Services made available to you through the Products & Services you have selected.
2. Trial Period.
If you registered for a trial use of the Products & Services (”Trial Period”), you will have the entire Trial Period within which to purchase the Products & Services you are using in order to retain any Content (as defined below in Section 9) that you have posted, uploaded or entered into websites made available through the Products & Services during the Trial Period. If you have not purchased the Products & Services by the end of the Trial Period, all of the Content will be deleted. Quality Websites is not responsible for any damages to you in the event you decide not to purchase the Products & Services and Quality Websites deletes the Content after the Trial Period expires. BY YOUR USE OF THE TRIAL VERSION OF THE PRODUCT OR SERVICES YOU UNDERSTAND AND AGREE THAT AFTER THE AMOUNT OF TIME SPECIFIED IN THE WEBSITE OR DISCLOSED DURING THE ORDERING PROCESS FOR THE PRODUCTS OR SERVICES U HAVE PURCHASED, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH TRIAL Products & Services OR ANY DATA YOU HAVE ENTERED INTO SUCH PRODUCT OR SERVICES UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF SUCH PRODUCT OR SERVICES
3. Products & Services Rights and Ownership.
The Products & Services are licensed not sold, and Quality Websites reserves all rights not expressly granted to you in this Agreement. The Products & Services are protected by copyright, trade secret and other intellectual property laws. Quality Websites and its licensors, where applicable, own all interest in and to the Products & Services (and all intellectual property rights therein), including but not limited to its technology, content, derivatives, and modifications of the Products & Services by whomever made. Quality Websites does not grant any license or other authorisation to any user of its branding, trademarks, service marks, or other copyrightable material or other intellectual property.
4. Fees & Charges.
If the Products & Services are purchased by you on a payment or subscription basis, as selected by you, the following terms will apply to you. Payments are paid in Australiam dollars and credit cards will be charged in Australian dollars unless otherwise indicated in program ordering and pricing terms provided to you on the website and/or in the program terms for the Products & Services you have selected. The Products & Services will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Products & Services and upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for paid for versions of the Products & Services Access to the Products & Services will begin (i) for trial versions after your acceptance of this Agreement and afterQuality Websites receives and processes all the information requested in the registration process; and (ii) for paid versions after your acceptance of this Agreement and after Quality Websites receives and processes all the information, including the credit card or bank account information requested by the registration or ordering process. You must have a valid credit card or a valid debit card acceptable to Quality Websites with an appropriate logo (”Card”) or sufficient funds in a checking or savings account to cover an electronic debit of the fees to obtain access to the Products & Services The payment information you provide must be accurate, current and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable monthly or one-year subscription term (”Renewal Term”) at the then-current subscription rate to maintain access to the Products & Services. Cancellation and renewal terms may be supplemented by program terms provided to you in writing or on the website for the Products & Services you have selected.
5. Sign-Up & Registration.
Your registration information to use the Products & Services must be accurate, current and complete as prompted in the sign-up process (the “Registration Information”). If you rovide any Registration Information that is not accurate, current or complete, and do not promptly update your Registration Information, or Quality Websites has reasonable grounds to suspect it is not accurate, current or complete, Quality Websites may, in its sole discretion, suspend or terminate your account and refuse any current or future access and use of the Products & Services or portion thereof.
6. Licensing & Usage.
Subject to the terms of this Agreement and any applicable payments, Quality Websites grants you a personal, limited, nonexclusive, nontransferable license, during the initial term of the subscription and any applicable renewal term or other period of use provided in the activation and ordering terms, to access and use the Products & Services, solely for the purpose described in the Quality Websites description for the Products & Services, and, if applicable, solely by such number of authorised users for which the applicable fee has been paid by you.
6.1 Except as expressly permitted herein or by applicable law, you must not, nor allow a third party to, do any of the following: (i) license, sublicense, copy, assign, lease, loan, sell, resell, republish, upload, post, transfer, distribute or commercially exploit to any third party the Products & Services; (ii) modify or create derivative works based on the Products & Services or its content, in whole or in part; (iii) access or attempt to access any other Quality Websites systems, programs, features or data that are not made available in the Products & Services or for public use; (iv) decompile, disassemble, or reverse engineer the Products & Services; (v) interfere with the proper working of the Products & Services, prevent access to or the use of the Products & Services by other licensees or customers, or impose an unreasonable or disproportionately large load on Quality Websites’ infrastructure; or (vi) use the Products & Services except as expressly allowed under this Agreement. By using the Products & Services, you warrant to Quality Websites that you will not use the Products & Services, including content, for any purpose that is unlawful or prohibited by this Agreement. If you violate any of these terms, your permission to use the Products & Services automatically terminates. All license transfers are subject to written approval by Quality Websites and may be subject to a transfer fee determined by Quality Websites in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Quality Websites at support@yourbusinesswebsite.com.au regarding the transfer of your subscription to a new company or contact.
7. Privacy.
For details about Quality Websites’ privacy policies, please refer to the Privacy Policy contained in the Products & Services you have selected, or provided to you as a link based on the Products & Services you have selected, or the privacy policy provided on the Quality Websites website relating to the Products & Services you have selected. You agree to be bound by the applicable Quality Websites privacy policy, as amended from time to time in accordance with its terms.
8. Feedback.
Quality Websites may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its Products & Services (”Feedback”). You agree that Quality Websites may, in its sole discretion, use the Feedback you provide to Quality Websites in any way, including in future modifications of the Products & Services, multimedia works and/or advertising, marketing and promotional materials relating thereto. You hereby grant Quality Websites a perpetual, worldwide, fully transferable, sublicensable (through multiple tiers), non-revocable, fully paid-up, royalty free license to use, modify, create derivative works from, distribute, display and otherwise exploit any information you provide to Quality Websites in the Feedback.
9. Content, Conduct & Communication.
The Products & Services may include a feature that allows you to exchange helpful information with other users of the Products & Services and the public. Internet access is required to use these communication facilities. Please respect and interact with other users as you would in any public arena when using such features. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other users’ communication sessions. Quality Websites does not endorse and is not responsible for the accuracy of the content in these facilities, and will not be liable for any damages incurred as a result of the submission, viewing or use of any such content. Users may post hypertext links to content hosted and maintained by third parties. Quality Websites has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk. Do not reveal information that you do not want to make public. You also agree to comply with applicable Quality Websites discussion board policies made available to you for the Products & Services you have selected.
9.1 Your right to use the Products & Services is personal to you (and your company and its employees, if permitted by Quality Websites). You are entirely responsible and liable for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (”Content”) uploaded, posted or stored by you using the Products & Services. You shall not use the Products & Services for any illegal purpose in violation of any local, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, “Information and Actions”) in connection with your use of the Products & Services. If the Products & Services do not provide adequate features for you to provide such Information and Actions, then do not use the Products & Services. You agree that you will not use the Products & Services to share, store, or in any way distribute financial data that is not in complete accordance with the law. Any users suspected of having financial information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Quality Websites does not own and is not responsible for the Content or data you submit on the website. You are encouraged to archive your data regularly and frequently and you bear full responsibility for archiving your data and sole liability for any lost or irrecoverable data.
9.2 You agree to defend, indemnify and hold Quality Websites, its Suppliers as defined below, its corporate affiliates, officers, directors, employees, subsidiaries and agents, harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys fees) resulting from or arising out of a claim that your Content infringes or misappropriates the intellectual property rights, or otherwise violates any other right, of a third party or a claim resulting from or arising out of your breach or alleged breach of this Agreement.
9.3 You agree that you will not use the Products & Services to upload, post, link to, publish, distribute, reproduce or transmit any of the following:
9.3.1 Any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, inappropriate or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute an attack or “flaming” other participants, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or foreign law; or
9.3.2 Any Content or data to impersonate other individuals or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor); or
9.3.3 Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Quality Websites) or engage in spamming or flooding; or
9.3.4 Any information or software which contains a virus, trojan horse, worm or other disruptive or harmful component; or is obtained through the Products & Services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
9.3.5 Any information, software or other material obtained through the Products & Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
9.4 You agree that Quality Websites has the right but not the obligation, to monitor the Products & Services and Content from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Products & Services properly, or to protect itself or its users. Quality Websites will not intentionally disclose any private email message unless required by law. Quality Websites reserves the right to edit, refuse to post, remove or refuse to remove any information or materials, in whole or in part, that, in its sole discretion, is alleged to be unacceptable, undesirable, inappropriate or in violation of this Agreement.
10. Quality Websites Products & Services.
You may be made aware of or offered Products & Services, features, products, applications, online communities, or promotions provided by Quality Websites (”Quality Websites Products & Services”). If you decide to use Quality Websites Products & Services, you may be subject to additional terms and conditions governing these Quality Websites Products & Services and separate fees may apply. You acknowledge that in accessing certain Quality Websites Products & Services through the Products & Services you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant Quality Websites permission to use information about your business and usage experience to enable us to provide the Quality Websites Products & Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and Products & Services Quality Websites may provide to you in the future. You also grant Quality Websites permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally to improve Products & Services and to compare business practices with other company standards. We may use your data to create, market or promote new Quality Websites offerings to you and others.
11. Disclaimer of Warranties
11.1 YOUR USE OF THE PRODUCTS & SERVICES, INCLUDING ANY SOFTWARE, AND CONTENT THEREIN, IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRODUCTS & SERVICES ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUALITY WEBSITES, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, RESELLERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES , WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE PRODUCTS & SERVICES, CONTENT AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, AND SIMILAR LAWS OF ANY JURISDICTION. QUALITY WEBSITES AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, QUALITY OR ANY CONTENT IN THE PRODUCTS & SERVICES, INCLUDING CONTENT POSTED ON OR LINKED FROM THE PRODUCTS & SERVICES. QUALITY WEBSITES AND ITS SUPPLIERS DO NOT WARRANT THAT THE PRODUCTS & SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE PRODUCTS & SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS & SERVICES, WHICHEVER IS SOONER.
11.2 QUALITY WEBSITES AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, FINANCIAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF SUCH ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. QUALITY WEBSITES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS & SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE PRODUCTS & SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
12. Limitation of Liability and Damages.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF QUALITY WEBSITES, ITS AFFILIATES AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY AND/OR DUE FROM THE REGISTERED USER FOR THE PRODUCTS & SERVICES TO QUALITY WEBSITES, ITS AFFILIATES OR ITS SUPPLIERS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUALITY WEBSITES, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS FAILURES, DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET QUALITY WEBSITES SYSTEMS REQUIREMENTS, TAX POSITIONS TAKEN BY YOU; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE QUALITY WEBSITES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF QUALITY WEBSITES, ITS AFFILIATES AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUALITY WEBSITES AND YOU. QUALITY WEBSITES WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS.
13. Consent to Conduct Business Electronically (”CONSENT”).
13.1 Quality Websites may be required by law to send “Communications” to you that pertain to the Products & Services, the use of information you may submit to Quality Websites, and the Products & Services you choose. Certain third party Products & Services you choose may require Communications with the third parties who administer these programs (”Third Party Products & Services”). You agree that Quality Websites, on behalf of itself, and others who administer such Third Party Products & Services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as YourBusinessWebsite.com.au, QualityWebsites.com.au. You consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Products & Services and Third Party Products & Services.
13.2 Consenting to Do Business Electronically. The decision whether to do business electronically is yours. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Products & Services for as long as you remain a subscriber to or use the Products & Services. If you later decide that you do not want to receive future Communications electronically, write to us at PrivacyPolicy Team, Quality Websites Pty Ltd, P.O. Box 3001, Newport, Victoria 3015, Australia. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Products & Services. We do not provide ISP Products & Services. You are responsible at your expense for access to the internet and this website and any necessary hardware and software and obtaining your own Internet service provider (which may be a wireless carrier). You agree to notify us promptly of any change in your email address or other Registration Data. You can do so by logging into your service and updating your customer profile.
14. Amendments.
Quality Websites may change this Agreement from time to time effective upon posting of the modified Agreement on its website. Please review the Agreement periodically on this website for changes. Quality Websites has the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Products & Services, including but not limited to, Internet based Products & Services, pricing, technical support options, and other product-related policies, upon reasonable notice, including but not limited to posting information concerning such change in the Products & Services selected by you or on an Quality Websites sponsored website. Your continued use of the Products & Services after Quality Websites’ publication of any such changes shall constitute your acceptance of this Agreement as modified.
15. Termination.
Your rights under this Agreement may be terminated or suspended by Quality Websites immediately and without notice if you or any of your authorized users fail to comply with any terms of this Agreement or you no longer consent to receive electronic Communications in accordance with Section.
Upon termination you must immediately cease using the Products & Services and all outstanding payments will become due and owing. Any termination of this Agreement shall not affect Quality Websites’s rights hereunder. Quality Websites may terminate a free account at any time in its sole discretion. Other terms regarding termination or expiration of the Products & Services may apply in accordance with the activation and ordering terms for the specific Products & Services you have selected. If you choose to cancel your account or any part of the Products & Services, you must do so in accordance with the activation and ordering terms for the specific Products & Services you have selected.
15.1 Domain Name Registrations:
Any GTLD domain names purchased from us can be cancelled within first 24 hours of registration. Any (.AU) domain names purchased from us can be cancelled within first 48 hours of registration.In the event of such cancellation all Fees in respect of such registration will be fully refunded. After 48 hours we are not able to refund the Fees for Domain Name registration or renewal.
If a Domain Name is offered free as part of a Hosting Services package and the package is cancelled, any applicable refund will include the package price minus the Domain Name price.
15.2 Hosting Services:
Within 14 days
For cancellations of web hosting services within 14 days of the Activation Date, Fees for the web hosting services will be refunded subject to a $50 cancellation fee. The $50 fee is used to recover the setup cost of the web hosting services. No refund of Fees is provided for email hosting services and no cancellation fee is charged.
14 days or more
In the event of cancellation of Hosting Services 14 days or more after the Activation Date, no refunds are provided.
Package/bundled services
If packaged Hosting Services including a Domain Name, SSL certificate or other bundled services are cancelled, the cost of the Domain Name, SSL certificate and/or other service will be deducted from any applicable refund or, if not able to be deducted, charged to You.
Cancellation of Addons and Upgrades
Once these Hosting Services are setup by our staff, they cannot be refunded in part or full.
General
Subject to any refund of Fees as specified in this clause, in the event of cancellation by you of Hosting Services, you must pay to us immediately upon such termination all Fees and charges due and payable under this Agreement, and a proportionate amount of any Fees and charges for the period up to and including the date of cancellation, in respect of which the Fees and charges are not yet due and payable.
15.3 E-Commerce Packages:
Within 14 days
For cancellations of any e-commerce services within 14 days of the Activation Date, Fees for the web hosting services will be refunded subject to a $250 cancellation fee. The $250 fee is used to recover the setup cost of the e-commerce services.
14 days or more
In the event of cancellation of Hosting Services 14 days or more after the Activation Date, no refunds are provided.
15.4 Cancellation Process
To cancel services you must open a help desk ticket via the client area. This allows us to verify your details before cancellation. We cannot accept cancellation via phone or email.
Upon cancellation or termination of the Hosting Services and/or this Agreement, all licences and rights granted by us immediately cease, and we will discontinue your access to and the provision to you of the Hosting Services. The parties will make such arrangements as may be necessary for you to obtain the Content.
16. Third Party Products.
In connection with your use of the Products & Services, you may be made aware of Products & Services, products, offers and promotions provided by third parties who are not affiliated with Quality Websites (”Third Party Products”). If you decide to use any Third Party Products, you do so at your own risk and are responsible for reviewing the terms governing such Third Party Products. You authorize Quality Websites to use and disclose your contact information, including name and address, for the purpose of making the Third Party Products you choose available to you. You agree that the third party, and not Quality Websites, is responsible for the performance of the Third Party Products. The Products & Services may contain or reference links to websites operated by third parties (”Third Party Websites”). Quality Websites is not responsible for the content of, nor any link contained in such Third Party Websites. The inclusion of any Third Party Website link in the Products & Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Quality Websites of any data contained in, or Products & Services made available through any Third Party Website. You acknowledge that linked Third Party Websites may contain terms and privacy policies that are different from those of Quality Websites. Quality Websites expressly disclaims any liability for use of such Third Party Products and Third Party Websites.
17. Miscellaneous.
This Agreement is the complete agreement between you and Quality Websites and sets forth the entire liability of Quality Websites, its corporate affiliates and its Suppliers and your exclusive remedy with respect to the Products & Services and its use. Any modification or waiver of the terms herein by Quality Websites must be in a writing signed by an authorized representative of Quality Websites and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written approval of Quality Websites, but may be assigned without your consent by Quality Websites to (a) a parent or direct or indirect subsidiary, (b) in an acquisition of the assets including the Products & Services, in whole or in part, (c) a successor by merger. Any assignment in violation of this Section will be void. This Agreement will be governed by Australian law, without regard to its conflicts of laws principles, and applicable federal law.
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B. General Additions to the Terms and Conditions of Our Products & Services
Your use of the Products & Services provided by Quality Websites are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Products & Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
1. Quality Websites Products & Services and YourBusinessWebsite Products & Services (both hereinafter, ” YourBusinessWebsite Products & Services”).
1.1 USE LIMITATIONS. IMPORTANT NOTICE. IF YOU ARE USING THE QUALITY WEBSITES WEBSITE PRODUCTS & SERVICES or YOURBUSINESSWEBSITE PRODUCTS & SERVICES, THE FOLLOWING TERMS APPLY TO YOU IN ADDITION TO THE GENERAL TERMS OF SERVICE ABOVE. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.
1.1.2 You agree not to sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco, alcohol products and any other products or Products & Services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold using the website building Products & Services, could cause Quality Websites or its affiliates to violate any law, statute or regulation. Additionally, Quality Websites may require you to place all or any portion of the Content behind password protection if Quality Websites determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If Quality Websites has requested you to place Content behind password protection or if you independently determine that the Content appropriately belongs behind password protection, you may not publish the password in such a way that negates the limited-access nature of the password protected site. If Quality Websites requests you to place any Content behind password protection and you fail to do so promptly, Quality Websites reserves the right to (a) place such Content behind password protection itself, or (b) terminate this Agreement.
1.1.3 You hereby acknowledge that Quality Websites may, from time to time, establish general practices and limits concerning the use of the Products & Services, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your website will be retained by Quality Websites, (b) maximum limits on bandwidth usage that will be allotted to you, (c) maximum limits on storage space, (d) the maximum number of websites per member account, (e) maximum number of photographs or other data according to the type of member account, (f) maximum limits on the number of pages within each member website, and (g) maximum time limitations for the retention of Content following a Trial Period or account cancellation. Quality Websites further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Products & Services (including any upgrades) for which you have registered. You agree that Quality Websites has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Products & Services. You further acknowledge and agree that Quality Websites reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You also acknowledge that any references to unlimited websites (”Unlimited Sites”) offered per paying account shall be defined as not exceeding 99 sub domain sites per paying account. Quality Websites reserves the right to charge you for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees.
1.1.4 You warrant and represent that you own or otherwise control the rights to the Content and grant Quality Websites a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Content on and through the Service and in promotional or advertising materials (only for the limited purpose of promoting the Products & Services), and (ii) sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, such Products & Services and materials.
1.2 Standard Clip-Art, Images & Photos.
As part of the Products & Services, Quality Websites provides you with standard clip-art and photos to incorporate into your websites using the Products & Services. In using the clip-art, images and photos, you are governed by terms of use with a Third Party Image Vendor (”TPIV”), the supplier of the clip-art and photos, which is incorporated into this Agreement.
1.3 Internet Domain Names.
Independent Third Party Domain Name Vendors (”TPDNVs”) who are ICANN accredited registrars, provide domain name registration Products & Services. You hereby authorise Quality Websites if requested, to transfer in or acquire your selected domain name from TPDNVs. In order to receive a domain name, you must agree and remain agreeable through the use of the domain name, to the TPDNVs’ terms of service which the TPDNVs may change at any time in their sole discretion. You understand that you are creating a separate contractual relationship between you and the TPDNVs, and that you, and not Quality Websites or its affiliates, are responsible for all liability, and obligations in connection with that relationship.
1.3.1 If, after registering one or more domain names that are included with any Quality Websites Service package, because of a your incorrect registration of a domain name or otherwise, you choose to delete a previously registered domain name and subsequently register one or more additional different domain names, you will be charged the resulting domain name registration fees.
1.3.2 You will be listed as the registrant and administrative contact in connection with your domain name; however, Quality Websites or its affiliates, may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNV until the TPDNV’s change is completed. You hereby authorize Quality Websites or its affiliates, to list itself as the billing contact, technical contact and name servers in connection with your domain name and to take any actions Quality Websites deems appropriate in those capacities. However, upon termination of the Service, Quality Websites and its affiliates, will immediately cease acting in those capacities including switching registrars. After such time, neither Quality Websites nor its affiliates will be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with your domain name. Additionally, in the event that your account is suspended by Quality Websites for lack of payment or any other reason, Quality Websites shall not renew any domain names that may become due for renewal during the suspension of the account. You will be solely responsible for all ongoing fees, as well as removing Quality Websites or its affiliates as the billing, technical contact and name servers in connection with your domain name.
1.4 E-mail.
Some accounts may have email Products & Services provided by an independent Third Party Email Products & Services Vendor (”TPESV”). We are not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or Products & Services. Quality Websites is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and the TPESV (”TPESV Dispute”). In the event of a TPESV Dispute, you hereby release Quality Websites and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes. By using email Products & Services, you agree to the terms and conditions contained in the “Acceptable Use Policy” and “Mass Mailing Policy” incorporated herein.
1.5 Storefront.
A third party store vendor (”TPSV”) provides e-commerce Products & Services. Neither Quality Websites nor its affiliates are responsible for the actions or inaction of the then current TPSV or the unavailability or malfunction of their network or Products & Services. Neither Quality Websites nor its affiliates are a party to, and shall not be involved in or be responsible for, transactions, agreements, and/or disputes between you and the TPSV (”the TPSV Dispute”). In the event of a the TPSV Dispute, you hereby release Quality Websites and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes. By using these Products & Services, you agree to the following additional terms and conditions:
a. Hosting Products & Services. Quality Websites grants you the right to develop and operate an online storefront (”Store”) on the server, subject to and in accordance with the terms of this Agreement and such hosting policies, procedures and specifications as Quality Websites may, by written notice to you, establish from time to time (the “Hosting Policies and Procedures”). The Hosting Policies and Procedures, if any, are incorporated in this Agreement in their entirety.
b. Prohibited Uses. In addition to all restrictions set forth above, you shall not use, nor permit any third party to use, the Store(s) or the website or any part thereof: (i) to violate any federal, state or local law, (ii) to transmit any obscene communication, (iii) to promote any illegal activities, (iv) to violate any intellectual property rights (v) to attempt to overcome or penetrate any security measures on the server, or (vi) to upload or transmit any virus or harmful agent. You acknowledge that you may be subject to civil or criminal liability under the laws of various governmental jurisdictions as a result of any failure to abide by the provisions of this paragraph.
c. Control. You will be solely responsible for the development, operation and maintenance of the Store(s) and all content and materials appearing in the Store(s), including without limitation (i) the technical operation of the Store(s), (ii) the accuracy and appropriateness of content and materials appearing in the Store(s), (iii) ensuring that the content and materials appearing in the Store(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights), and (iv) ensuring that the content and materials appearing in the Store(s) are not libelous or otherwise illegal. You also will be solely responsible for accepting, processing and filling any customer orders generated through the Store(s), and for handling any customer inquiries and complaints arising there from. You shall inspect and monitor the Store(s) as frequently and extensively as necessary to ensure its proper operation and compliance with the provisions of this Agreement, and to uncover any problems with the Store(s). To the fullest extent permitted by law, the Store(s) will be deemed to be exclusively “under the control” of you and not “under the control” of Quality Websites or its affiliates and Suppliers.
1.6 Cancellation.
You may cancel your account or any part of the Products & Services at any time. Quality Websites will not refund any pre-paid fees upon such termination or cancellation. To cancel your subscription, you must email support@yourbusinesswebsite.com.au
You must provide us with the following information in order for us to process the cancellation:
a. The exact name of the Products & Services that you would like to cancel
b. Your username and password
c. Your email address
d. Your billing information, including the credit card number that was used when purchasing the Products & Services
e. Reason for canceling the Products & Services
Upon termination of your account for any reason, Quality Websites reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall Quality Websites be required to refund, redeem, or pay amounts to you upon termination of Service or return any of your Content.
1.7 Copyright & Trademarks
All materials of the Service and the Software (as well as the organisation and layout of the Service are owned and copyrighted or licensed by Quality Websites, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the YourBusinessWebsite (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of QualityWebsites. Any rights not expressly granted herein are reserved.