Terms and Conditions

Terms & Conditions Introduction

EZYPages provides Homepage Building, Content Management, Web Hosting and Web Community Services. Unless explicitly stated otherwise, any new Products & Services including the addition of new EZYPAges properties shall be subject to these Terms & Conditions.

By using the Products & Services of EZYPages, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms & Conditions and any other posted guidelines or rules applicable to any individual EZYPAges web site, Product or Service. You acknowledge and agree that EZYPages may terminate your access to EZYPages or to any of the Products & Services should you fail to comply with the Terms & Conditions or any other guidelines and rules published by EZYPAges. Any such termination shall be in EZYPages sole discretion and may occur without prior notice, or any notice at all. EZYPages further reserves the right to terminate any user's access to EZYPages or to any of the Products & Services for any conduct that EZYPAges, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to EZYPages or third parties that violates any laws or regulations.

Registration

Certain parts of EZYPages will require the user to register and provide certain data. In consideration of use of such Products & Services, in registering and providing such data, you affirm and warrant that: -the information about yourself is true, accurate, current, and complete -you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. -All EZYPages registrations become the exclusive property of EZYPages.

EZYPages reserves the right to use and reuse all registration and other personally identifiable user information subject to EZYPages Privacy Policy. Users may edit, update, or alter their personally identifiable information at any time.

If you have any questions about our Privacy Policy, please feel free to ask us: service@ezypages.com.au

Member & User Behavior

If the site contains commercial content, it must contain a page reading “Imprint” containing the legal requirements for a commercial site, among others at least full name, postal address, phone or fax. You acknowledge and agree to keep our hint on e.g. “powered by EZYPages” at the bottom of the member page unhidden.

You expressly acknowledge and agree that EZYPages 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: - comply with legal process; - enforce the Terms & Conditions; - respond to claims that any Content violates the rights of third-parties; or - protect the rights, property, or personal safety of EZYPages, its users and the public. You further acknowledge and agree that other data collected and maintained by EZYPages with regard to its users may be disclosed in accordance with EZYPages privacy politics.

Fees; Payment of Fees

Registration is free of charge. A member may have more than one project.

All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published on our Web site and shall be due and payable within seven days of receipt of our invoice therefore. Fees have to be paid for one year in advance, unless different published on the website.

Domain Names and Registration Services

We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name/s until you have been notified that your requested domain name has been registered.

Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

Data Transfer Volume

Each member may use up to a 3GB of bandwidth a month, independent of the disk space or program choosen. The utilized data-transfer volume is calculated on the basis of all data-transfers that take place during any given calendar month (including but not limited to downloads, email, uploads and website visits). You are responsible for monitoring your monthly data transfer volume, and you authorize EZYPages to charge your credit card for any excess usage at the rates set forth in its current fees. For purposes of this Agreement, 1 Gigabyte equals 1000 Megabytes, 1 Megabyte equals 1000 Kilobytes and 1 Kilobyte equals 1000 Bytes.

Responsibility for Minors

In cases where you have authorized a minor to use the EZYPages Services, you recognize that you are fully reponsible for: -the online behaviour of such minor, -controlling the minor´s access to and use of the EZYPages Services; and -the consequences of any misuse by the minor.

You acknowledge that some areas of EZYPages or EZYPages member homepages may contain material that is inappropriate for minors.

Disclaimer of Warranties

You expressly understand and agree that EZYPages disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Services. EZYPages disclaims any responsibility for the deletion, failure to store, wrong or untimely delivery of any information or material. The EZYPages Services are provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. EZYPages disclaims any warranties for the security, reliability, timeliness, and performance of the Services. To the fullest extent permitted by law, EZYPages disclaims any warranties for other services or goods received through or advertised on the Products & Services or received through any links provided in the EZYPages Services, as well as for any information or advice received through the EZYPages Services or through any links provided in the Services. EZYPages similarly disclaims any warranties for any information or advice obtained through the Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liabilities

You acknowledge and agree that all information, whether publicly posted or privately transmitted, are in the sole responsibility of the person from which such content originated. This means that you, an not EZYPages, are entirely responsible for all Content that you transmit via the EZYPages Services. EZYPages does not control the user or third party content, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party content. You acknowledge and agree taht by using the EZYPages Services, you may be exposed to content taht is offensive, indecent or objectionable. Under no circumstances will EZYPages be liable in any way for any user or third party content. As a general matter, EZYPAges does not have to and will not pre-screen user or third parte contend posted on EZYPages.

EZYPages reserves the right to monitor some, all, or no areas of the EZYPages Services for adherence to these Terms and Conditions. You expressly understand aund agree that under no circumstances shall EZYPages be liable to any user on account of that user´s use or misuse of and reliance on the Services.

Disclaimer Regarding Third Party Content

EZYPages offers access to numerous third party web sites and content available over the Internet. EZYPages has no control whatsoever over the content of such sites. EZYPages may set guidelines for what may appear on such websites and may engage in certains screening, but generally exercises no control over the content of such web pages and is unable to monitor allsuch content. EZYPages cannot and does not screen such web pages before the are made accessible to other users on the internet.

EZYPages MediaCenter

EZYPages may offer images and sounds through the EZYPages MediaCentre. Use of the the MediaCentre indicates acceptance of the following: some of the images made available through the MediaCentre may be copyrighted which may also be subject to certain other legal rights. You may only utilize each item from the MediaCentre for use within your EZYPAges homepage. Neither EZYPages nor our MediaCentre content providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages taht result from your access to or use or misuse of the images or sounds offered in the MediaCentre.

Advertisers and Content Linked to EZYPages

EZYPages may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a user to leave EZYPages to access third-party material. You acknowledge and agree that EZYPages is not responsible for the availablitiy of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resouces. You further agree that EZYPages shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through EZYPages Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

You agree that EZYPages shall not be responsible or leable for any loss or damage of any sort incurred as teh result of any such dealings or as teh result of the presence of such advertisers on the EZYPages services.

Indemnity & Release

By using EZYPages websites you agree to indemnify EZYPages, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney´s fees, arising from your use of EZYPages web pages, and your use of the EZYPages Services. By using EZYPages you are hereby agreeing to release EZYPages, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages, costes, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/ or to the EZYPAges Services.

Changes in Terms & Conditions and Changes in EZYPages Services

EZYPages reserves the right to modify the EZYPages Services and these Terms and Conditions from time to time, for any reason, and without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

Termination

These Terms and Conditions shall continue in effect for as long as you use the EZYPages Services, unless specifically terminated earlier by EZYPAges.

Violations of Terms and Conditions

Should you violate these Terms and conditions or any other rights of EZYPAges, EZYPages reserves the right to pursue any and all legal and equitable remedies against you, including, without limitaiton, terminating any user accounts and all of your EZYPAges web sites.

If you are aware of any violations of these Terms and Conditions, pleas report them to EZYPages.