OZTRALASIA.com Terms of Service.

What This Terms Policy Covers

Oztralasia.com
Oztralasia.net
Ozimax.com

Welcome to OZTRALASIA.com, OZTRALASIA.com provides its service to you, subject to the following Terms Of Service, which may be updated by us from time to time without notice to you. When using particular OZTRALASIA.com services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted. All such guidelines or rules (including but not limited to our Spam Policy ) are hereby incorporated into the TOS. OZTRALASIA.com may also offer other services that are covered by different Terms Of Service.

2. Description of services

OZTRALASIA.com currently provides users with access to a collection of resources, including, various advertising services, hosting services, forums and personalized content through its network. You also understand and agree that these services may include advertisements and that these advertisements are necessary for OZTRALASIA.com to provide these services. You also understand and agree that the services may include certain communications from OZTRALASIA.com, such as service announcements, administrative messages and newsletters, and that these communications are considered part of OZTRALASIA.com's membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features or enhancements to the current services, shall be subject to the TOS. You understand and agree that the services are provided "AS-IS" and that OZTRALASIA.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Your registration obligations

In consideration of your use of the services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form(s), and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OZTRALASIA.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OZTRALASIA.com has the right to suspend or terminate your account and refuse any and all current or future use of the services.

3a. Refunds

Once you pay for hosting, membership or buy advertising, there are NO refunds.
By joining and paying for any paid portion of Oztralasia.com, you agree to all the terms and conditions on this page.

3b. Cancelations

Once you cancel your hosting account access is terminated on the same day as the requested cancelation with no refund.

4. OZTRALASIA.com Privacy policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy here

5. Member account, password and security

You will receive a password and account designation upon completing the service's registration process. 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 (a) immediately notify OZTRALASIA.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OZTRALASIA.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.

You are responsible for backing up your Xchange via your admin control panel.

6. Member conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not imwax.com, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the services. OZTRALASIA.com does not control the content posted via the services does not guarantee the accuracy, integrity or quality of such content. You understand that by using the services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will imwax.com 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, transmitted or otherwise made available via the services.

You agree not to use the services to:

• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  
• harm minors in any way;
  
• impersonate any person or entity, including, OZTRALASIA.com officials, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through these services;
  
• upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  
• upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation, (please read our complete Spam Policy );
  
• upload, post, email, transmit or otherwise make available 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;
  
• disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  
• interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
  
• intentionally or unintentionally violate any applicable local, state, national or international laws.
  
• "stalk" or otherwise harass another, or collect or store personal data about other users.
  

You acknowledge that OZTRALASIA.com may pre-screen, refuse, or move any content that is available via these services. Without limiting the foregoing, OZTRALASIA.com shall have the right to remove any content that violates the TOS 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 OZTRALASIA.com or submitted to OZTRALASIA.com, including without limitation information in OZTRALASIA.com message boards, and in all other parts of the services.

You acknowledge, consent and agree that OZTRALASIA.com may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of OZTRALASIA.com, its users and the public.

7. International use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

8. Indemnity

You agree to indemnify and hold OZTRALASIA.com, and its subsidiaries, affiliates, and employees, harmless from any claim or demand, including solicitor fees, made by any third party due to or arising out of content you submit, post, transmit or make available through these services, your use of these services, your connection to these services, your violation of the TOS, or your violation of any rights of another.

9. General practices regarding use and storage

You acknowledge that OZTRALASIA.com may establish general practices and limits concerning use of these services, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by these services, the maximum number of email messages that are sent from or received by an account on these services, the maximum size of any email message that may be received by an account on these services, the maximum disk space that will be allotted on OZTRALASIA.com servers on your behalf, and the maximum number of times you may access these services in a given period of time. You agree that OZTRALASIA.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by these services. You further acknowledge that OZTRALASIA.com reserves the right to modify these general practices and limits.

10. Modifications to service

OZTRALASIA.com reserves the right at any time to modify or discontinue, temporarily or permanently, the services with or without notice. You agree that OZTRALASIA.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of these services.

11. Termination

You agree that OZTRALASIA.com may, under certain circumstances and without prior notice, immediately terminate your OZTRALASIA.com account, and access to the services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) and discontinuance or material modification to these services, (e) unexpected technical or security issues or problems. Termination of your OZTRALASIA.com account includes (a) removal of access to all offerings within these services, (b) deletion of your password and all related information, files and content associated with or inside your account, and (c) banning further use of these services. Further, you agree that all terminations for cause shall be made in OZTRALASIA.com's sole discretion and that imwax.com shall not be liable to you or any third-party for any termination of your account, or access to these services.

12. OZTRALASIA.com proprietary rights

You acknowledge and agree that the services and any necessary software used in connection with the services ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any software and scripts are owned by OZTRALASIA.com and are NOT to be tampered with in any way. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through these services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OZTRALASIA.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on these services or the software, in whole or in part.

13. Submitter use

The use of submitters of any type are NOT permitted.

13a. Surfing programs

The use surfing programs (traffic exchanges) of any type are NOT permitted.

13b. Safelists

The use of safelists of any type are NOT permitted.

14. Super Solos

Connecting to a Super Solo Network outside this domain is NOT permitted.

15. Graphics

If there are graphics on your text ad exchange site and you cancel your account those graphics will be used when a new customer takes over the site weather you paid for the graphics or if they were with the site to begin with.

16. Disclaimer of warranties

YOU UNDERSTAND AND AGREE THAT:

• YOUR USE OF THESE SERVICEE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OZTRALASIA.COM 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.
  
• OZTRALASIA.COM MAKES NO WARRANTY THAT (i) THESE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THESE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THESE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER 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 OZTRALASIA.COM OR THROUGH OR FROM THESE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.