DESCRIPTION OF SERVICE
MyeBlog.com.au is a web-based Blog service that allows its users to create and update online journals (herein referred to as "eBlog", or "Service"). The eBlog may be used through a web browser or by the use of downloadable clients ("the Software"). Once registered with MyeBlog.com.au, each user receives his or her own eBlog space to post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, and video ("the Content"). This Content may reside on MyeBlog's servers or on the servers of a third party.
MyeBlog.com.au currently has a two-tier account structure which can be expended and/or modified on the need of our users.
Paid Basic Accounts: Paid accounts are available for a monthly fee, paid yearly, and offer users all basic features that MyeBlog.com.au offers. All the yearly paid Basic account features for as long as the Service continues to run, with no recurring fees other then the yearly recurring fee. Paid accounts are nontransferable and non-refundable. Once a username is chosen and paid for, that user generally retains for the term paid for until the eBlog is deleted, whether by MyeBlog.com.au or the user.
Paid Elite Accounts: These accounts have access to all the yearly paid Elite account features for as long as the Service continues to run, with no recurring fees other then the yearly recurring fee.
You hereby agree to this structure, and to eBlogHosting.com's right to change, modify, or discontinue any type of account and/or its respective services.
YOUR REGISTRATION OBLIGATIONS
You agree to indemnify and hold MyeBlog.com.au, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyeBlog.com.au may establish limits concerning use of the Service and may modify these limits at any time.
MODIFICATIONS TO SERVICE
MyeBlog.com.au reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that MyeBlog.com.au shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
You agree that MyeBlog.com.au, in its sole discretion, may terminate your password, eBlog, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if MyeBlog.com.au believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted eBlog and all its parts, at MyeBlog.com.au's discretion, will be terminated as well. MyeBlog.com.au may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MyeBlog.com.au may immediately deactivate or delete your MyeBlog.com.au eBlog and all related information and files. MyeBlog.com.au reserves the right to bar any further access to such files or the Service. You agree that MyeBlog.com.au shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
ADVERTISEMENTS AND PROMOTIONS
MyeBlog.com.au has decided to remove all banner advertisements and promotions on MyeBlog.com.au Blogs, excep on Free, and Basic Accounts. However, MyeBlog.com.au reserves the right to run advertisements and promotions on all MyeBlog.com.au accounts in the future. By using MyeBlog.com.au, you agree that MyeBlog.com.au has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by MyeBlog.com.au on your Blog are subject to change. You agree that MyeBlog.com.au shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service, or relevant third parties, may provide links to other web sites or resources. Because MyeBlog.com.au has no control over such sites and resources, you acknowledge and agree that MyeBlog.com.au is not responsible for the availability 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 resources. You further acknowledge and agree that MyeBlog.com.au 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.
Guidelines for posting to your online eBlog shall be as follows:
All Content posted to MyeBlog.com.au in any way, is the responsibility and property of the author. MyeBlog is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any eBlog Content. Within the confines of international and local law, MyeBlog.com.au will generally not place a limit on the type, or appropriateness of user content within eBlogs. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, MyeBlog.com.au is committed to submitting all necessary information to the proper authorities;
Should any Content be reported to MyeBlog.com.au as being offensive or inappropriate, MyeBlog.com.au might call upon the poster to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as set forth by the MyeBlog.com.au staff. Should the poster fail to meet such a request from MyeBlog.com.au staff, MyeBlog.com.au has the full authority to terminate any such reported and verified account holding such inappropriate content. MyeBlog.com.au, however, is under no obligation to restrict or monitor eBlog Content in any way;
MyeBlog.com.au claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the MyeBlog.com.au staff in protecting such Content. The user posting any Content represents that the poster has all rights necessary to post such Content (and for MyeBlog to serve such Content) without violation of any intellectual property or other rights or any laws or regulations;
MyeBlog.com.au reserves the right, without limitation except by law, to serve any user Content on the web, through the downloadable clients and otherwise. eBlogHosting.com also reserves the right, without limitation, to resell any portion of a user's eBlog back to that individual;
You acknowledge that MyeBlog.com.au does not pre-screen Content, but that MyeBlog.com.au and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, MyeBlog.com.au and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, MyeBlog.com.au reserves the right to limit access to your eBlog, if found in violation of the TOS, by removing the eBlog and related user information from the member directory, search engine, and all other methods used in conjunction with finding MyeBlog.com.au's users.
MYEBLOG.COM.AU PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All MyeBlog code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses.
Submission of Unsolicited Ideas and Information
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. MyeBlog.com.au does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be eBlogHosting.com's sole discretion as to what action should be taken.
You agree to NOT use the Service to:
Upload, post or otherwise transmit any content that is in MyeBlog.com.au's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way, as seen by MyeBlog.com.au or applicable law;
Impersonate any person or entity, including, but not limited to, a MyeBlog.com.au staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Australian Security Commission, any rules of any national or other securities exchange, including, without limitation, the Sydney Stock Exchange, the Australian Stock Exchange, and any regulations having the force of law;
"Stalk" or otherwise harass another person or company;
Collect or store personal data about other users for business purposes;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
Use MyeBlog.com.au as a forwarding service to another website;
Allow usage by others in such a way as to violate MyeBlog.com.au's TOS;
Engage in commercial activities within MyeBlog or on behalf of MyeBlog.com.au without prior approval. This includes, but is not limited to, the following activities:
Displaying a banner that is designed to profit you or any other business or organization;
Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
If any user is reported to be in violation with the letter or spirit of these terms, MyeBlog.com.au retains the right to terminate such account at any time without further warning.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYEBLOG.COM.AU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) MYEBLOG.COM.AU MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EBLOGHOSTING.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYEBLOG.COM.AU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EBLOGHOSTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
The TOS constitutes the entire agreement between you and MyeBlog.com.au and governs your use of the Service, superseding any prior agreements between you and MyeBlog.com.au (including, but not limited to, any prior versions of the TOS) and any prior representations by MyeBlog.com.au.
MyeBlog.com.au may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.