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TERMS AND CONDITIONS OF USE

The following information sets out the conditions of use, general disclaimer and copyright conditions of www.techmarket.com.au (“the Website”). Sacred Rock Pty Limited ACN 126 911 662 trading as www.techmarket.com.au (“Techmarket”) is the operator of the Website and can be contacted at admin@techmarket.com.au.

By accessing, viewing or using the Website, You:

(a) warrant that You are accessing the Website from within Australia; and

(b) acknowledge, accept and agree to abide by these terms and conditions of use.

Techmarket provides the Website to provide hosting services for your website (hosted sites), but is not responsible for all Content and makes no representation or warranty that the Content is complete or up to date. If any Content is provided by Techmarket on the Website it uses its best endeavours to ensure at the time of publishing (as indicated by the published date of each section of the Website) that the Content provided by Techmarket was complete to the best of Techmarket’s knowledge.

1. Dictionary

“Account” means the user’s account with www.techmarket.com.au

“Application Form” means the application form located on the Website at www.techmarket.com.au for the Services.

“AUD” mean the currency of the Commonwealth of Australia;

“Billing Details” means the section of the Application Form where You provide us with information so that we can issue a Tax Invoice to You for the Services;

“CGI Scripts” means Common Gateway Interface (CGI) is a standard for interfacing external applications with information servers, such as HTTP or Web servers

“Content” means any information, datatext, software, music, sound, photographs, graphics, video messages, prices or other material;

“Double Opt-in” means

“Fees” means the Ad rates specified for the Services in the Application Form and on the Website

“FTP” means File Transfer Protocol

“GST” means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;

“Hosted Sites” means the sites hosted when you pay for and use these Services;

“Input Tax” means an amount equal to the amount of GST paid or payable for the supply of anything acquired;

“IP Space” means a group of IP addresses

“Intellectual Property Rights” means all rights, whether registrable, registered or unregistered in any patent, trade mark, trade name, business name, company name, copyright, registered design or other design right or circuit layout right, or any applications for, or rights to obtain or acquire, any such rights;

“Indexer” means a program or automated script which browses the World Wide Web in a methodical, automated manner

“IRCD” means Internet Relay Chat Daemon, server software that implements the IRC protocol, enabling people to talk to each other via the Internet (exchanging textual messages in real time)

“IRC network” means Internet Relay Chat (IRC) network

“Primary Payment” means any payment of any fees or other amounts payable under these terms and conditions.

“ROKSO” means Register of Known Spam Operations

“Safe Lists” means an email list you can join for free, and in returning for joining you are aloud to email out to the entire list of members that join

“Services” means the hosting Services specified on the Website;

“Spam” means abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages

“Tax Invoice” means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant primary payment;

“Users” means any third party who visits a hosted site;

“Web Spider” means a program or automated script which browses the World Wide Web in a methodical, automated manner

“You” means any user of the Website including any party who pays for and uses the Services.

2. Quality of the information

Techmarket has made all reasonable efforts to ensure that all Content provided by Techmarket on the Website is accurate and up-to-date. Techmarket is not responsible for the accuracy of any Content provided by You. However Techmarket cannot guarantee complete accuracy of the Content on the Website and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information found on the Website. To the extent permitted by law, Techmarket excludes all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in or provided through the Website. You acknowledge that the use of the Website is entirely at Your own risk.

3. Content compliance with Australian regulations only

Techmarket recognises the global nature of the Internet and the Services may be subject to country-specific legislation. Techmarket has used its best endeavours to ensure that the Content provided by Techmarket contained on the Website complies with specific Australian legislation and regulations. However, Techmarket takes no responsibility for the accuracy or legal compliance of the Content contained in Hosted Site or provided by anyone but Techmarket. You acknowledge that You need to satisfy Yourself of the accuracy of any Content not provided by Techmarket before proceeding with a transaction.

4. Services

4.1 Techmarket will provide the Services as set out in the relevant Application Form or as amended between Techmarket and you and agreed to via email.

4.2 You will pay the Fees three (3) days prior to the beginning of the first day of the billing cycle set out in the relevant Application Form whether it be monthly, quarterly or yearly. The standard Term for the Services is one (1) year (“the Term”).

4.3 Techmarket will provide you with Tax Invoices for the fees via electronic mail.

4.4 You are responsible to notify Techmarket of any changes to your billing information prior to the next billing cycle payment date.

4.5 Techmarket requires payment for the first billing cycle prior to the commencement of the Services and will automatically renew the term from year to year thereafter unless earlier terminated as provided herein.

4.6 You may terminate the Services without cause upon at least thirty (30) days prior written notice via electronic mail to accounts@techmarket.com.au.

4.7 Techmarket may terminate the Services provided to you without cause upon at least thirty (30) days written notice delivered via electronic mail to you.

4.8 Either party may terminate the Services upon written notice via email for material breach provided however, that the terminating party has given the other party at least fourteen (14) days written notice via email of the material breach and provided the opportunity for the offending party to cure the breach. Termination for material breach will not alter or effect the terminating party’s right to exercise any other remedies for breach.

4.9 If Your Account or Your Services are suspended due to lack payment you will then pay a reinstatement fee currently set at $25.00 plus GST in addition to all other charges then due and payable prior to the restoration of Your Services.

5. Service Levels

5.1 Techmarket will provide You reasonable consultation via electronic mail on the Services but will not assist with any website issue that is not maintained or hosted by Techmarket.

5.2 Techmarket will endeavour to provide the Services to You within twenty four (24) hours of Techmarket receiving payment from You of the Fees for the first billing cycle.

5.3 Techmarket is not responsible for:

(a) Installation of any software packages that are not part of the Services;

(b) Loading of any user Content to the Hosted Site after installation of the Services;

(d) Any data stored within the Hosted Site.

5.4 Techmarket will only provide support services where they have been included in Your Services and paid for.

5.5 You use the Services at your sole risk. Techmarket is not responsible for any files and/or data residing on the hosted site. You agree to take full responsibility for all files and data transferred onto the hosted site and to maintain all appropriate backup of files and data stored on Techmarket’s servers.

6. Your Responsibilities

6.1 Techmarket has a zero tolerance stance against sending of unsolicited email, bulk emailing and Spam. Techmarket treats safe lists and double opt-in as Spam. If you send out Spam the Services provided to you will be terminated immediately with or without notice depending on the circumstances.

6.2 Any Hosted Sites advertised via Spam (“Spamvertised”) will not be hosted by Techmarket and those Services will be terminated immediately. This ground for termination includes but is not limited to Spam sent via fax, email, instant messaging or usenet/newsgroup. Techmarket will not host any organisation or entity list on the ROKSO. Any account which results in Techmarket’s IP space being blacklisted will immediately be suspended or terminated.

6.3 Techmarket reserves the right to require changes or to disable as necessary any Hosted Site, or component of a Hosted Site that does not comply with policies or to make any modifications required in an emergency at Techmarket’s sole discretion.

6.4 Techmarket reserves the right to charge You a clean up fee for any hosted site used to send any Spam. The fee involved will be entirely at the discretion of Techmarket.

7. Usage Levels

7.1 You may not:

(a) Use 25% or more of Techmarket’s system resources for longer then 90 seconds. There are numerous activities that could cause such problems; including but not limited to: CGI scripts, FTP, PHP, HTTP etc;

(b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;

(d) Run any software that interfaces with an IRC network;

(e) Run any bit torrent application, tracker, or client. Please note that You may link to torrents off server, but may not host or store them;

(f) Participate in any file-sharing/peer-to-peer activities;

(g) Run any gaming servers such as counter-strike, half-life, battlefield1942 etc; and

(h) Run cron entries with intervals of less than 15 minutes.

7.2 You are allocated a monthly bandwidth allowance as sot out in the Services. Should your Account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

8. User Warranties and Obligations

8.1 You are responsible for providing all equipment and/or software necessary to access the hardware and systems provided by Techmarket. You agree to adhere to Techmarket’s Acceptable Use Policy, set out in clause 15. The Acceptable Use Policy may be modified from time to time in Techmarket’s sole discretion. Your continued use of the Services after the effective date of such modified Acceptable Use Policy will constitute Your acceptance of the modified terms. Failure by You to adhere to the Acceptable Use Policy or any modifications thereto will constitute a material breach of this agreement.

8.2 You hereby warrant to Techmarket, and agree that during the Term You will ensure that:

(a) You are the owner or valid licensee of all data and/or content it will upload in conjunction with the Services (the "Content"), and that You has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Techmarket to pay any fees, residuals, guild payments or other compensation of any kind to any person;

(b) Your use, publication and display of the Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated

(c) You will comply with all applicable laws, rules and regulations regarding the Content and will use the services only for lawful purposes;

(d) You have used your best efforts to ensure that the Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other type of malicious code.

(a) You will cooperate fully with Host in connection with Host's performance of the Services. You will immediately notify Techmarket of any change in Your mailing address, telephone, e-mail or other contact information.

9. The Ownership of Intellectual Property

9.1 You hereby grant to Techmarket a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services:

(a) Digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Content; and

(b) Make archival or back-up copies of the Content. Except for the rights expressly granted herein, Techmarket does not acquire any right, title or interest in or to the Content, all of which will remain solely with User.

9.2 Any feedback, data, answers, questions, comments, suggestions, ideas or the like that You send to Techmarket relating to the Services will be treated as being non-confidential and non-proprietary. Techmarket may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any lawful purpose.

9.3 Techmarket’s trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Techmarket. You will not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Techmarket. Techmarket will maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by Techmarket to You. Techmarket may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.

9.4 Techmarket hereby grants to You a non-exclusive, non-transferable, royalty-free license, for the Term, to use the provided technology solely for the purpose of accessing and using the Services. You may not use the provided technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from Techmarket to You any right, title or interest in and to the provided technology, and all right, title and interest thereto will remain solely with Techmarket. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the provided technology.

10. Indemnification of Host

You will indemnify and hold Techmarket’s harmless against any claims incurred by Techmarket’s arising out of or in conjunction with Your breach of this Agreement, as well as all reasonable costs, expenses and attorneys' fees incurred therein. Techmarket’s total liability under this Agreement with respect to the Services, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by You to Techmarket during the six (6) month period prior to the date the claim arises.

11. Relationship of Parties

The performance by Techmarket of its duties and obligations under this Agreement will be that of an independent contractor, and nothing in this Agreement will create or imply an agency relationship between Techmarket and You, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.

12. Non-assignment

Neither party will assign this Agreement, in whole or in part, without the prior written consent of the other party. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein.

13. Force Majeure

Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed party's reasonable control.

14. Service Levels

The following Service Levels sets forth the details of the level of service and technical support that apply when Your account is in good financial standing.

14.1 Downtime

The Techmarket strives to provide an uptime for servers of 99.9%. No guarantee is provided that this time will be met. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

14.2 Technical Support

(a) A member of our technical support help desk staff will be available to assist You with problems and questions regarding the hosting services.

(b) You may contact our technical support help desk via email at support@techmarket.com.au. Support Staff endeavor to respond to your support request within 48 hours. We may, from time to time, develop additional methods for you to contact the help desk, and will make information regarding such methods available at our website.

15. Acceptable Use

This clause sets forth guidelines relating to the types of Content that You may upload to the web servers the "Services". Techmarket may remove any materials that, in its sole discretion, may be illegal, may subject it to liability, or which may violate this clause Techmarket will cooperate with legal authorities in the investigation of any suspected or alleged crime or civil wrong arising from any use of the Services. Your violation of this clause may result in the suspension or termination of either the Services and/or Your Account.

15.1 The following constitute violations of Acceptable Use by You:

(a) Using the Services to transmit or post any material that contains or contains links to nudity, pornography, adult content, sex, or extreme violence.

(b) Using the Services to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

(d) Using the Services to transmit or post any material that harasses, threatens or encourages bodily harm or destruction of property.

(e) Using the Services to make fraudulent misrepresentations or offers including but not limited to offers relating to "pyramid schemes" and "Ponzi schemes."

(f) Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Techmarket or another entity's computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

(g) Using the Services to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

(h) Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

(i) Reselling the Services without the prior written authorization of Techmarket.

(j) Using the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes but is not limited to "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited.

15.2 Techmarket requests that anyone who believes that there has been a violation of this Acceptable Use clause to immediately send an email detailing such violation to support@techmarket.com.au.

15.3 Techmarket may revise, amend or modify this Acceptable Use clause at any time and in any manner.

16. Third party liability

16.1 If You use the links to external websites available on this website then You acknowledge that Techmarket has not reviewed and is not responsible for any information contained and accessed through any link provided on the website. The links to these websites are made available by Techmarket for Your convenience only. The existence of these links does not constitute a guarantee or endorsement of those websites or the products or services offered by such websites, by Techmarket. Views or recommendations provided in the linked Websites do not necessarily represent the views of Techmarket.

16.2 Techmarket accepts no responsibility nor liability for information shown or advice given on these websites, whether or not these websites are hosted or otherwise affiliated with Techmarket. These terms and conditions extend to Your use of those websites. We recommend that You carefully read their terms and conditions for each website You visit from the links provided, including their privacy policies, especially if You are asked to supply personal information to those sites. The website’s privacy applies solely to the information collected by this website.

17. Security of the Website

The Internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. Techmarket accepts no responsibility or liability for interference with transmissions or any consequent loss or liability suffered by You.

18. Limitation of Liability

18.1 To the extent permitted by law, Techmarket excludes (and to the extent that such exclusion is prohibited, limits to the maximum allowable extent) any and all loss, costs, damages or expenses of whatsoever nature (whether direct, indirect, incidental, consequential or otherwise) including, but not limited to, loss of profits, loss of savings or other incidental or consequential damages arising out of, relating to or connected in any manner whatsoever with Your use of the Website. In the event that such liability cannot be excluded, Techmarket limits its liability to, at its option:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired;

(b) in the case of services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

18.2 To the extent permitted by law, Techmarket is not responsible for any service or good provided by a third party supplier.

18.3 Neither party will be liable to the other for special, indirect or consequential damages incurred or suffered by the other arising as a result of or related to the Services, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages.

19 The Content of the Website and its affiliates is copyright

19.1 All rights in the Website are reserved by Techmarket. In particular, no alterations, additions or adaptations of this Website publication are permitted by anyone outside Techmarket without written consent from the Editor.

19.2 Techmarket makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, Techmarket apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Website, please contact Techmarket in writing and the Website will be amended.

19.3 This Website may display photographs and images that are posed by models and in no way does Techmarket or its affiliates suggest that the people portrayed in those images are linked to any produce or service advertised on the Website.

19.4 You may, for your own private non-commercial use, download and print an advertisement from the Website. This is the only permitted use you have for any Content on the Website, subject to the fair dealing purposes set out in the Copyright Act 1968 (Cth).

20. Website linking policy

20.1 Other websites are welcome to link pages in the Website, provided that permission is sought by those websites prior to any linking occurring. If permission is granted by the Editor for linking, the linking can occur, provided that no attempt is made to pass off the Content of the Website as the property of the linking website.

20.2 We do not grant permission for anyone to copy the Content of the Website to their own web pages without the prior written consent of Techmarket.

21. General Terms

21.1 You agree that these terms and conditions and Your access to the Website are governed by the laws of New South Wales and You agree to submit to the exclusive jurisdiction of the Courts located within the State of New South Wales for any disputes.

21.2 You acknowledge that these terms and conditions constitute the entire agreement between You and Techmarket and govern Your use of the Website superseding any prior agreement between You and Techmarket.

21.3 You may also be subject to additional terms and conditions that may apply when You use or purchase other services from Techmarket.

21.4 The failure of Techmarket to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver or any such right or provision. If any provision of the terms of service is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court shall endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the terms and conditions shall remain in full force and effect.

22. Account Rules

22.1 As You are aware, there are certain parts of the Website which are restricted.

22.2 You will receive a password, user name and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of Your user name, the password and account and You are fully responsible for all activities that occur under Your user name, password and account. You indemnify Techmarket from any loss or damage You suffer if there is any unauthorised access to Your Account.

22.3 You agree to:

(a) immediately notify the relevant third party of any unauthorised 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.

22.4 Techmarket cannot, and will not be liable for any loss or damage arising from Your failure to comply with these requirements.

22.5 Anyone may apply to become a member of the Website.

22.6 Any applicant will need to complete the online application form which is available from time to time on the Website.

22.7 By becoming a member of the Website You agree to comply with Techmarket’s terms and conditions and Techmarket’s Website Privacy Policy.

23. GST

23.1 If Techmarket is liable by law for any GST on any Primary Payment, You must pay to Techmarket the amount of the GST

23.2 You must pay to Techmarket an amount in respect of any GST that Techmarket is required to pay under this Agreement:

(i) at the same time; and

(ii) in the same manner,

as You are required to pay for the Primary Payment to which the amount in respect of GST relates.

23.3 Techmarket must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.

23.4 If Techmarket refunds to You any amount under this Agreement, Techmarket must also refund to You an amount in respect of any GST that You paid in respect of that amount.

24. Changes to Terms and Conditions

24.1 Techmarket reserves the right to change these terms and conditions from time to time to reflect any changes in its business.

24.2 Techmarket may also be required to change these terms and conditions for security reasons, for technical infrastructure reasons, or if required by law.

24.3 Techmarket will change these terms and conditions at any time by posting the updated terms and conditions on the Website and by posting a notice to You on our home page. It is Your responsibility to be aware of any changes to these terms and conditions.

© Sacred Rock Pty Limited, Australia 2008. This publication is copyright. Subject to the provisions of the Australian Copyright Act 1968 and its Amendments, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means (including electronic, mechanical, microcopying, photocopying, recording or otherwise) without the written permission of the publisher.

Published by Sacred Rock Pty Limited

Last revised: April 2008

Email: accounts@techmarket.com.au

Disclaimer:

Sacred Rock Pty Ltd ACN 126 911 662 discloses that the Website is provided to facilitate the hosting of Websites but Sacred Rock is not responsible for all Content and makes no representation or warranty that the Content is complete or up to date. If Content is provided by Sacred Rock on the Web Site it uses its best endeavours to ensure that at the time of publishing Content provided by Sacred Rock is complete to the best of Sacred Rock’s knowledge.