Disclaimer, Copyright & Privacy
To be read in conjunction with our Terms And Conditions & Acceptable Use Policy
Disclaimer and Legal Notice - General Disclaimer - Community Resource - Currency and Accuracy of Information - Warranties and Liabilities - Copyright and Trademarks - Lawful use only - Links - Privacy - Use of cookies - Unsolicited Ideas - Indemnity - Jurisdiction
|
Disclaimer and Legal Notice
Access to and use of this site is provided by Omega International Pty Ltd. ABN 35 006 185 066 herein (OMEGA) on the following conditions and any other directions or rules of use on this site (Terms).
If you access this site (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting any new versions of the Terms on this website.
You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those which you are then unaware have been posted).
General Disclaimer
The information provided on this website has been compiled for your convenience, but use of this site is at your risk. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this website, and to seek professional advice where necessary.
To the maximum extent permitted by law, none of OMEGA, its affiliates or any of their respective officers, employees, agents, contractors or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, punitive, special or consequential loss, damages or reliance in connection with, this website, its use, its content or any products or services referred to on this website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
your reliance on the completeness, accuracy, suitability or currency of this website or its content, including for any investment decisions made on the basis of this information. This website does not constitute financial advice and should not be taken as such. OMEGA recommends that you obtain professional advice before proceeding with any investment.
Any damages or losses whatsoever, arising out of, or in any way related to, the use of this website and any other site linked to this website, including the transmission of any computer virus or the defamatory, offensive or unlawful conduct of third parties.
The limitation on liability contained in paragraph 1 applies also to damages for loss of profit, business interruption or the loss of data or information. Nothing in this website constitutes or is intended to constitute an offer of, or an invitation to purchase or subscribe for, securities.
Community Resource
The information on this web site is intended to be a community resource. Please feel free to download this information for your personal use or to inform others about our web site and business.
However, OMEGA requests that you seek our permission before you reproduce or modify this information.
Currency and Accuracy of Information
OMEGA has endeavoured to ensure that all information on this web site is correct at the time of publication. This information, however, is subject to change without notice.
Warranties and Liabilities
OMEGA and its Directors or Members make no warranty with regard to the accuracy of the information on this web site and will not be liable for any errors or omissions.
Any liability that arises as a result of this information is hereby excluded to the fullest extent allowed by law. The contents of this web site should not be used as a substitute for seeking independent professional advice.
Copyright and Trademarks
All material published on this website is OMEGA copyright and is protected under law. Copyright © Omega International Pty Ltd and/or related entities. All rights reserved.
OMEGA grants you a limited licence to download this website for personal use only.
You are not permitted to reproduce or alter this website, or any copy of it, for any other purpose without the prior express written consent of OMEGA.
No trade mark of OMEGA (whether registered or otherwise) may be used without OMEGA prior, specific, written permission.
OMEGA reserves the right to make changes, modifications, additions, deletions and corrections to the website, at any time and without notice.
Lawful use only
You are responsible for ensuring that your use of this website is lawful, does not infringe any third party?s rights and does not breach any standards or codes promulgated by any relevant authority. This includes where you access this site from outside of Australia.
Links
OMEGA permits linking to this website, provided that the full html page is loaded. Any such links must not incorporate OMEGA or Third party trade marks, brands or registered trade marks, and must not be used to disparage or otherwise detrimentally affect the reputation of OMEGA or its affiliates.
Information on this website may include links to the websites of others. These links are provided for your convenience only. OMEGA does not endorse, guarantee or approve the content or accuracy of these websites.
OMEGA does not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor does OMEGA authorise any such infringement by providing these links.
OMEGA disclaims liability for any loss or damage whatsoever arising from your use of links to third party websites.
Privacy
OMEGA and its affiliates within Australia respect and are committed to protecting your privacy. We are bound by the National Privacy Principles in the Privacy Act 1988. Where appropriate we will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act.
We generally only collect personal information from this website when it is provided voluntarily by you ? for example, when you send us an electronic message with a query about OMEGA or its products. We will generally use your information to respond to your query, to provide and market our services to you or as otherwise allowed or required by law.
For the same purposes, OMEGA may share your information with other members of OMEGA (including those who are located outside Australia) and their respective service providers, agents and contractors . If we do this we require these parties to protect your information in the same way we do.
When you visit this website or download information from it, our server and Internet Service Provider (ISP) makes a record of your visit and records the following information:
your Internet address; your domain name, if applicable; and
date and time of your visit to the website. Our server and ISP also collects information such as the pages our users access, the documents they download, links from other sites they follow to reach our website, and the type of browser they use. However, this information is anonymous and is only used for statistical and website development purposes.
We use a variety of physical and electronic security measures including restricting physical access to our offices, firewalls and secure databases to keep personal information secure from unauthorised use, loss or disclosure. However you should keep in mind that the Internet is not a secure environment. If you use the internet to send us any information, including your email address, it is sent at your own risk.
You have a right of access to personal information we hold about you in certain circumstances. If we deny your request for access we will tell you why. Please contact us at admin@omegainternational.com.au or telephone +61 3 9436 8366 to ask for access to your information or if you have a complaint concerning your information privacy.
Use of Cookies
A cookie is a small message given to your web browser by our web server. The browser stores the message in a text file, and the message is then sent back to the server each time the browser requests a page from the server.
OMEGA makes limited use of cookies on this website. Cookies are used to measure usage sessions accurately, to gain a clear picture of which areas of the website attract traffic and to improve the functionality of our website.
When cookies are used on this website, they are used to store information relating to your visit such as a unique identifier, or a value to indicate whether you have seen a web page. We use session (not permanent) cookies. They are used to distinguish your Internet browser from the thousands of other browsers. This website will not store personal information such as email addresses or other details in a cookie.
Most Internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer, giving you the choice whether to accept it or not.]
Unsolicited Ideas
It is OMEGA's policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your material, do not submit it to us via email or otherwise.
Any unsolicited ideas you submit to OMEGA will become OMEGA's property, and OMEGA may reproduce, disclose, transmit, broadcast or otherwise use those ideas, without any obligation to compensate you. This will apply even if your material includes a statement as to confidentiality contrary to these terms of use.
Indemnity
To the maximum extent permitted by law, you agree to indemnify OMEGA and its affiliates and their respective officers, employees, agents, contractors, licensors and any other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to OMEGA via this website or any damage that you may cause to this website.
This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Trade Practices Act 1974 (Cth).
Jurisdiction
If a dispute arises regarding these terms of use, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.
If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.
 Last Update: 24th February 2011  21.50
|
Terms & Conditions
To be read in conjunction with our Privacy, Copyright, Disclaimer & Acceptable Use Policy
1.Introduction - 2.Acceptance of these terms and conditions - 3.Commencement of the Agreement - 4.Service availability - 5.Registering a domain name - 6.Renewal of domain name registration - 7.Customers warranties, liabilities and undertakings - 8.Omega's Warranties and Liabilities - 9.Suspension and Termination of the Service - 10.Fees, charges and payments - 11.Archiving and backup your data - 12.The use of spam and virus filters - 13.The need to change to a new operating platform - 14.Ownership of server equipment - 15.Severability - 16.Assignment - 17.Changes to Terms - 18.Entire Agreement - 19.Governing Law - 20.Notifications & Communications
1. Introduction
1.1 In this document 'we' and 'our' means Omega International and 'you' and 'your' mean the customer.
1.2 This agreement outlines the terms and conditions that apply to any service you have signed up for with us ('the Services').
1.3 The Services you purchased are identified on the 'hosting & web design' pages on our site and the 'welcome' email we send you after we accept your request for service. The specifics of the Services are detailed on our website.
1.4 In addition to these terms and conditions you must also comply with our Privacy, Copyright and Disclaimer Policy
2. Acceptance of these terms and conditions
2.1 You signified acceptance of these terms and conditions and our Privacy, Copyright and Disclaimer Policy when we accepted your order for Services.
3. Commencement of the Agreement
3.1 This agreement commenced on the date we accepted your order for Services.
4. Service availability
4.1 In these terms and conditions 'Service' primarily refers to our provision of space on one of our Servers, domain name registration services, and a connection to and from the Internet for web and email services to the level specified in the package you selected.
4.2 We will use our best endeavours to provide continuing availability of the server fleet and the service but we cannot be liable for service interruptions or down time of the service.
4.3 We will attempt to perform all scheduled maintenance at times which will affect the fewest customers. If scheduled maintenance requires the Service to be offline for more than 30 minutes we will post details of the scheduled maintenance at least 48 hours in advance of the maintenance. If we need to perform unscheduled maintenance that requires the Service to be offline for more than 30 minutes, we will post details of the event after the maintenance has been completed.
5. Registering a domain name
5.1 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.
5.2 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 that you 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.
5.3 We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization 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.
6. Renewal of domain name registration
6.1 You acknowledge that we are not obliged to renew your domain name if you do not confirm to us that the domain name should be renewed. In such circumstances we are not liable for any loss or damage resulting from non-renewal of your domain name. We may not renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of our services.
6.2 You acknowledge that our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date.
6.3 If you close your account with us but do not transfer your domain name to another registrar, you agree that we may contact you after account closure to remind you of domain name renewals.
7. Customers warranties, liabilities and undertakings
7.1 You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
7.2 You warrant that you will keep secure any passwords used with the Service and that you hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.
7.3 You further warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
7.4 You undertake that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.
7.5 You also agree that you are solely responsible for dealing with persons who access your data and that you will not refer complaints or inquiries in relation to such access to us.
7.6 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.
8. Omega International's Warranties and Liabilities
8.1 We accept liability for the supply of the Services to the extent provided in this agreement.
8.2 We do not warrant that:
 the Services provided under this agreement will be uninterrupted or error free;
the Services will meet your requirements, other than as expressly set out in this agreement; or
the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Omega International.
8.3 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
8.4 We make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
8.5 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
8.6 In no event will we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
8.7 In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to the Act, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:
the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
the repair of the goods or payment of the cost of having the goods repaired;
the supplying of the Services again; or
the payment of the cost of having the Services supplied again.
8.8 We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.
9. Suspension and Termination of the Service
9.1 We may suspend or terminate your account if you breach any of these terms and conditions, or if you become insolvent or you are declared bankrupt.
9.2 From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
9.3 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.
9.4 If you wish to terminate your account with us for any reason you may do so by giving us 30 days notice in writing. No refunds are available for monies paid in advance.
9.5 If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice. In this circumstance, we will refund any remaining unused credit on your account.
9.6 If your account is closed for whatever reason you must pay all outstanding charges immediately.
9.7 We are under no obligation to provide you with a copy of your data if we have suspended or terminated your access to the service for your breach. If we provide you with a copy of your data in such circumstances, we are entitled to charge a fee for service.
10. Fees, charges and payments
10.1 All charges payable by you to us for the Services will be in accordance with the relevant scale of charges and rates published from time to time by us on our website and will be due and payable within 24 hours of reciept of our invoice. The price of the Services we provide you will remain fixed for the period covered by the payment; that is, monthly, quarterly or annual. After that time you will be billed at the rates current on our website at the time the Service is renewed.
10.2 If you exceed our 24 Hour credit terms, you will be charged an $11.00 late payment fee.
10.3 Prices published on our web site are inclusive of any government taxes or charges unless otherwise noted.
10.4 The provision of services is contingent upon our having received payment in full from you in respect of the Services we provide. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, at our discretion, to suspend the provision of Services to you.
10.5 If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 10% per annum, from the due date of the payment.
10.6 If you have chosen a yearly contract for your Service, your account will be automatically rolled over for a further yearly contract at the end of the term. You must give us notice before the end of the term if you wish to cancel or alter your Service. If you elect to pay your fees on a yearly basis, and fail to make payment within 24 Hours of invoice, you will not be entitled to receive any fee discount we may offer from time to time.
10.7 You consent to us obtaining a report from a credit reporting agency on your credit worthiness if you choose to pay by cheque, we prefer payment direct into our nominated account displayed at the bottom of our invoice.
10.8 No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to our breach of these terms and conditions or we exercise our rights under clause 9.5.
11. Archiving and backup your data
11.1 Our Server provider will archive your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, they will restore from the last known good archive. In the event of corruption of all of the archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from these backups.
12. The use of spam and virus filters
12.1 You agree that we can use spam and virus filters and that this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
13. The need to change to a new operating platform
13.1 Unless otherwise agreed, the Service is provided by us from our data centre provider in Australia. We reserve the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide appropriate support or your particular server fails or becomes unreliable.
13.2 We will advise you of such a change but we will not take any responsibility for web site failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.
14. Ownership of server equipment
14.1 Unless otherwise agreed, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Service.
15. Severability
15.1 If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
16. Assignment
16.1 You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
17. Changes to Terms
17.1 We may change the terms and conditions of this agreement at any time. Details of our current terms will always be available on our website.
18. Entire Agreement
18.1 These terms and conditions constitute the entire agreement between Omega International and you. It supersedes all prior agreements, understandings and representations whether oral or written.
19. Governing Law
19.1 These terms and conditions are governed by the laws in force in Victoria and the Australian Capital Territory. Both parties agree to submit to the exclusive jurisdiction of the Courts of that State or Territory.
20. Notifications & Communications
20.1 All notifications under this agreement will be by email to your nominated internet address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of our service to you.
Last Update: 24th February 2011 21.50 |
Acceptable Use Policy
To be read in conjunction with our Privacy, Copyright, Disclaimer & Terms and Conditions Policy
Introduction - To whom does the policy apply - Agreement by customers to comply with the AUP - The services covered by this policy - Omega International's responsibilities - What constitutes unacceptable use by customers - Breach of law - Obscene, defamatory, offensive, abusive - The rights of others - Prohibited and Restricted content - Protection of minors - Illegal business practices and gambling - Damage to property or people - SPAM - Omega International's service - Excessive Resource Usage - What we will do about unacceptable use - Complaints process - Liabilities and indemnities
Introduction
This policy outlines what we deem to be unacceptable use of services provided by Omega International ("we" and "our") to customers of Omega International ("you" and "your").
From time to time Omega International may update this policy. When we make amendments to this policy we will notify you of the change; after which you will be obliged to comply with the amended policy.
If you do not accept this version of the AUP or any future amendments you will need to immediately contact Omega International by Mail, Fax or Email (use drop down box for your querie) to notify us of the cancellation of your services, telephone calls will not be accepted.
To whom does the policy apply
The policy applies to the owners and operators of services provided by Omega International. It is also directed at users and customers who want to lodge a complaint about alleged breaches of the policy.
Any use of our services that contravenes the various Commonwealth and State laws that govern many aspects of Internet use is, by definition, unacceptable use. The owners and operators of websites hosted by us are strongly advised to familiarise themselves with these laws and to operate within them.
In addition, we impose additional restrictions on the use of our services to ensure that the system operates fairly for all customers and to safeguard our good name and reputation.
Agreement by customers to comply with the AUP
It is a condition of contract that all our customers comply with the terms of this AUP. Your decision to purchase any Omega International service signifies your acceptance of the terms of this AUP.
The services covered by this policy
This policy covers all services hosted by Omega International and the Omega International network in general.
If we provide you with access to a network outside our network you are responsible for complying with the AUP for that network.
Omega International's responsibilities
Omega International will take reasonable measures to ensure that the owners and operators of the services we host will comply with this AUP.
We reserve the right to monitor your compliance by any means and to take action if we deem it necessary. We will also act on any complaint from a user or another Omega International customer and will cooperate fully with law enforcement agencies if required.
What constitutes unacceptable use by customers
You must not use our service, attempt to use the service, or allow the service to be used in any way that:
Breach of law
results in you or Omega International breaching, or being involved in a breach of law, order or regulation;
Obscene, defamatory, offensive, abusive
sends, displays, accesses, makes available, publishes, or distributes or otherwise is involved in material that a reasonable person would consider obscene, defamatory or offensive;
The rights of others
infringes on any person's rights (including intellectual property rights and moral rights);
constitutes a misuse of any person's confidential information;
results in a breach by you of any obligation that you owe to any person;
Prohibited and Restricted content
sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material that is likely to be considered unsuitable for minors;
sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material which is classified RC or X by the Australian Classification Board;
Protection of minors
enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;
Illegal business practices and gambling
engages in any misleading or deceptive business or marketing practice;
involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
Damage to property or people
results, or could result, in damage to property or injury to any person;
harasses, menaces or stalks people;
SPAM
indiscriminately sends unsolicited, unwanted, or inappropriate messages, especially commercial advertising in mass quantities;
provides capability which permits third parties to send SPAM;
causes an adverse effect on any computer, network, or data belonging to any party;
accesss anyone else's systems, networks or data without consent, regardless of whether or not such access or use has any adverse effect on the system, network, or data;
creates, sends, or alters in any way the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;
Omega International's service
manipulates or bypasses Omega International's usage limits;
undertakes any activity which impedes Omega International's ability to provide its services;
unfairly damages the commercial well being or reputation of Omega International;
Excessive Resource Usage
would result in an excessive load being generated on Omega International's servers, network, or other resources; and
would create any undue burden on other Omega International customers or the service in general;
We reserve the right to decide whether any action constitutes unacceptable use and, to the extent the law allows, our decision will be final.
What we will do about unacceptable use
At its absolute discretion, Omega International reserves the right to suspend or terminate a customer's access to any or all services provided if Omega International forms the view that a customer has breached the terms of this AUP.
We will not automatically assume an allegation of unacceptable use against you is proven until we assess the facts or a law enforcement agency or other relevant government authority requires us to act immediately. Nevertheless, we reserve the right to suspend or terminate your account without notice to you if the circumstances dictate that immediate action is required. In other circumstances we will follow the process outlined in the next section.
Complaints process
Complaints by users or customers should be sent to Abuse Choose the drop down box and select
If the complaint is an allegation that you have not complied with the law we may, subject to legal advice, have to either inform the complainant that they can refer their concern to the relevant government authority or that we will do so. If the complaint is not clearly covered by a law we will initiate the following process:
(a) If the complaint is about content:
We will record the detail of the complaint and discuss it with you in an attempt to resolve the issues to the satisfaction of the complainant.
If that is unsuccessful we will give your contact details to the complainant so that the issues can be discussed directly with you (we will comply with our Privacy Policy in this regard).
If that is unsuccessful we will advise the complainant of their right to lodge a formal complaint with the Australian Broadcasting Authority.
Depending on the outcome of the process to this point, we reserve the right to make a final decision (which may involve suspension or termination of your service) that will bind you as the customer.
(b) If the complaint is about service interference:
We will investigate the allegations and attempt to resolve the matter. If our service is seriously compromised we may choose to suspend your service immediately pending an investigation.
Our decision in regards to service interference will be final. It may involve suspension or termination of your service.
Liabilities and indemnities
We will not be liable for any loss of benefit you might incur if we suspend or terminate your account under the terms of this AUP where:
you have breached the terms of this AUP;
we are required to do so by law;
we are directed to do so by the ABA under a takedown notice in
accordance with its obligations under the Broadcasting Services
Amendment (Online Services) Act in 1999 (as amended).
we acted reasonably in exceptional circumstances; or
we are not able to reach a mutually acceptable outcome.
You agree to indemnify Omega International against any claim a user or another customer might make as a result of any loss of benefit or damages they incur as a result of a breach of this AUP.
Last Update: 24th February 2011 21.50
|
|
Bob Wardzynski MAIES - Managing Director
Alan L Wardzynski -Manager
Karl J Wardzynski - Director
Paul Wardzynski - IT & Web Developement
