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Ballina : Australia
Terms of Use
(Including Acceptable Use)

By using this Web Service the User indicates their acceptance of and willingness to comply with the terms and conditions shown. The User must comply with these terms of conditions or cease to use this Web Service forthwith and should please exit here.

No guarantee is given or implied that the content of the web pages on Ballina.net is accurate, complete and/or up to date in all respects. No responsibility is accepted for any errors or omissions.

 ACCEPTABLE USE
 The Provider [Ballina.net] may change this Policy from time to time. You must check the Policy regularly to ensure that you are aware of your obligations.

You must not:

  • defame, harass or abuse anyone or violate their privacy;
  • infringe intellectual property rights by using, copying or distributing data or software without permission of the owner;
  • distribute or make available pornographic, obscene, illegal or confidential material;
  • disrupt, damage, modify, destroy or interfere with the service, data of the service or any other computer system, or anyone else' use of them, including the distribution of viruses or overloading a system via SPAM, denial of service attacks, bulk emails etc;
  • monitor, access or use any data, systems without authority or attempt to probe, hack, scan or test the vulnerability of any data, system or network;
  • email source addresses or user information, forge header information;
  • use Back Orifice, Netbus or similar operated software to gain unauthorised remote access to another person's machine;
  • disobey the rules of any newsgroup, forum or email mailing list;
  • engage in electronic "stalking" or other forms of harassment such as using abusive or aggressive language;
  • engage in misleading or deceptive on-line marketing practices;
  • use the System or Services to contribute to or aid the commission of a crime or to infringe the rights of a third party;
  • impersonate the Provider or other users;

If we become aware that your use of our service does not comply with this policy, we may suspend or block your access to the service, and/or notify and provide relevant information to the authorities, as appears appropriate under the circumstances or as we may be legally obliged to.

We reserve the right to delete any or all of your email, information, software, files, comments or other content or material stored on our system at our sole discretion.

The User acknowledges that use of the Data, Databases, System and Services may be subject to certain legal regulations, conditions and restrictions. The User must ascertain and comply with such regulations, conditions or restrictions.

Commonwealth legislation allows the Australian Broadcasting Authority ('ABA') to direct the Provider to remove certain prohibited Internet content from its servers or prevent users from accessing certain Internet content. The Provider may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing your account or restricting access to a particular website.  The Provider may take these steps immediately and without notice to you.

WEB PAGES etc.
 The Provider hosts web pages, virtual domains, etc. Traffic limits apply and any site exceeding those limits will be liable for additional traffic charges.

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of Australian Broadcasting Authority is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or otherwise offensive, or material protected by trade secret and other statute.

Examples of non-acceptable content, use or links:

  • Pirated software

  • Hackers programs or archives

  • High resource use - excessive bandwidth consumption

  • Multi-level marketing (MLM) sites or links

  • Warez Sites

  • Pornography

  • Irc Bots

  • Copy righted Mp3 files

  • Distribution points

  • Any site whose primary purpose is file distribution

  • Shareware, sound, video, image and multimedia archives

The Provider will be the sole arbiter as to what constitutes a violation of this provision.  The use of our web servers in any manner connected with pornography, or any illegal use such as copyright violation, or any use that we deem to be inappropriate in like manner, whether or not it is specifically illegal, is in direct violation of our Terms of Service and will result in immediate deletion of files, and/or immediate termination of services. Links to such materials are also prohibited. This paragraph does NOT obligate us to act in a timely manner in this regard, nor does failure to act constitute our acceptance of any prohibited use.

SPAM etc.
 Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your account.

As such, any violation will result in immediate deactivation of services without refund.

Notwithstanding any other provisions of this Agreement, the Provider in addition to any rights it may have under law or statute, may forthwith terminate this Agreement by written notice or without notice to the User if in its opinion, the user fails to abide by the the Provider Acceptable Use Policy as published.  

Server Abuse:
Anybody trying to access the shell account of any other person/s without permission from the system operator or owner of the site is strictly prohibited. Any attempts to undermine or cause harm to a server will result in immediate deactivation of services without refund.

Refusal of Service:
We reserve the right to refuse service or cancel service at our sole discretion.

Though we aim to ensure continuous, accurate and reliable services, this is not guaranteed 100 per cent of the time. No guarantee is made that the content of web pages hosted on our servers is in all respects accurate, complete and up to date. No responsibility is accepted for any errors or omissions.

We are not liable in any way for outages, technical malfunctions, machine breakdowns, network failures, downtime, misconfigured or unconfigured systems, power blackouts, or other type of errors or system failures, whether reasonably foreseeable or not, that may occur from time to time.

The Provider's liability for service outages, system failures, malfunctions, errors and omissions, etc., cannot and will not exceed the fees paid if any for the specific services that were contracted but not provided. The Provider shall not be liable in contract, tort or otherwise for any liability or consequential loss or damage sustained by the User directly or indirectly making use of any Data, a Database, the System or the Services, including where said loss or damages arises as a result of actual negligence on the part of the Provider. The User fully releases and discharges the Provider from all liability which may arise in respect of any material on a Database or Data which is accessed through the System which is in any way illegal or defamatory. This release and discharge applies in respect of each jurisdiction in which the illegal or defamatory material is published. The Provider will delete any material that may be illegal or defamatory when made aware of the material's existence - please inform mark@ballina.net. The User hereby fully releases and discharges the Provider from all liability which may arise in respect of any dealing by any person (including the Provider) with Data in which the User holds any copyright or other intellectual property right. The User represents to the Provider that the User is not relying on the System or Services having any particular performance characteristics, response times or consistency of availability. 

The User indemnifies the Provider against all claims whatsoever sustained, incurred or paid by the Provider directly or indirectly (whether or not as a result of the Provider's negligence in whole or part) in respect of: 

  • the access to or use by the User of any Data, a Database, the System or the Services; 

  • any information, data or material obtained, accessed or published by the User in whole or in part from, or by use of any Data, a Database, the System or any Service; 

  • any breach by the User of any provision of this Agreement or any schedule; or 

  • any omission or failure to perform by the User under the terms of this Agreement. 

Services may be used for lawful purposes only. We reserve the right to terminate services supplied for any customer, with or without notice, who use our services for any unlawful purpose.  We will retain sole and exclusive judgment (excepting official legal authorities, local or otherwise) to determine whether a particular practice is lawful or not.

  We are not liable, in any way whatsoever, for any content that is downloaded by others to our systems, or transmitted by others via our systems.  It is not possible for us to regularly check data, which has been downloaded, nor is it possible to monitor the content of transmissions.

The terms and conditions expressed herein are to be in effect for the duration that services are rendered. Violation of, or failure to enforce, any one provision, by either party, will not affect any other provisions.

This document shall be enforceable in accordance within the laws of the State of New South Wales, Australia. Any dispute with regard to any and/or all-contractual issues shall be settled by formal arbitration in the State of New South Wales. The decision of the arbitrator will be binding on all parties involved. The contracting parties waive any and/or all rights to bring any dispute to trial.

The Provider cannot, and does not, ensure the accuracy or timeliness of any information provided.

These Terms and Conditions may be changed from time to time, with or without notice. 

  If any or any part of the terms herein is determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining terms, conditions and provisions which will continue to be valid and enforceable to the fullest extent permitted by law.

Neither the Provider, and/or its assigns, employees, representatives, agents, or contractors thereof, warrant any connection to, transmission over, or use of, any connection or facilities provided or failed to be provided. Further, no warranties are made, whether express or implied, with regard to the suitability, merchantability, performance, or business and/or legal consequences of any services provided or failed to be provided. The Provider and/or contractors assume no responsibility for any and/or all damages suffered by any and/or all customers for, but not limited to, loss of data, delays, non-deliveries, misdeliveries, or service outages.