|Important Legal Notice|
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.VELOCITYHOST.COM.AU AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY Velocity Host.
1.1 You will be able to access most areas of this Website without registering your details with (vh). Certain areas of this Website are only open to you if you register as a customer or partner.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 Velocity Host may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2.1 You are permitted to print and download extracts from this Website on the following basis:
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Velocity Host or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Velocity Host prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While Velocity Host endeavours to ensure that this Website is normally available 24 hours a day, Velocity Host will not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Velocity Host control.
4. VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to or from this Website any material:
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 Velocity Host will fully co-operate with any law enforcement authorities or court order requesting or directing Velocity Host to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Velocity Host has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. Velocity Host therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Velocity Host logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that Velocity Host is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Velocity Host nor present any other false information about Velocity Host;
(e) you do not otherwise use any Velocity Host trade marks displayed on this Website without express written permission from Velocity Host;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 Velocity Host expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify Velocity Host for any loss or damage suffered by Velocity Host or any of its Related Bodies Corporate for a breach of paragraph 5.2.
6.1 Responsibility for the security of any passwords issued rests with you.
7.1 While Velocity Host endeavours to ensure that the information on this Website is correct, Velocity Host does not warrant the accuracy and completeness of the material on this Website. Velocity Host may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and Velocity Host makes no commitment to update such material.
7.2 The material at this Website is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Velocity Host provides you with this Website on the basis that Velocity Host excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
8.1 Velocity Host, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Velocity Host Related Bodies Corporate and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall exclude or limit Velocity Host liability for (i) death or personal injury caused by negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. GOVERNING LAW AND JURISDICTION
9.1 This legal notice shall be governed by and construed in accordance with the law of New South Wales, Australia. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the New South Wales courts.
Date: 30th December 2008