| Application and Variation of these Terms: These terms and
conditions are the terms on which we provide the Service / Products
to you. These terms constitute the agreement in its entirety and
supersede prior agreements. We may modify these terms, the pricing
structure for any Service or the terms of the operation by general
notice on a page of the Internet referred to on our Home Page
and/or by email, and any use after that publication will constitute
an acceptance of that modification. |
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| COPYRIGHT |
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All report and associated Web Site design, text,
graphics, the selection and arrangement thereof, and all software
is Copyright (c) 2000 -2005 Web Alive. All Rights Reserved.
Copyright in the material contained within this site and reports
subsists under the Copyright Act 1968 (Cth) and, through
international treaties, the laws of many other
countries. |
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Permission is granted to electronically copy and
to print in hard copy portions of Service reports for use as a
research resource. Any other use of the materials in these reports
- including reproduction, modification, distribution, or
republication - without prior written permission from Web Alive is
prohibited. |
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| DISCLAIMER |
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The data contained in Web
Alive ™ reports has been supplied by a number of sources (primarily
the companies in review) that are believed to be accurate. There is
no warranty that that the information accessible from this resource
is accurate, complete or current.
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The views expressed are not necessarily the
author's - and whilst the author takes reasonable precautions to
ensure company's claims are valid, they have not been rigorously
tested. |
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Any user reviews or ratings, are solely supplied
by external third party sources who assert they are legitimate
users or past users of the particular service in review. These
reviews may be edited on the basis of spelling, grammar and
punctuation. |
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Determinations on types of activity are based on
interpretations of reports provided by the clients hosting ISP and
as such should be verified with the clients hosting ISP |
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The information provided here is done so in good
faith, but comes with no guarantee of merchantability or fitness
for any particular purpose, and no guarantee that the service will
meet specific client requirements. |
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| PAYMENT |
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All Web Alive © agreements are for a minimum term
of 12 months. Payable annually in advance. For all other
transactions Payment is due 7 days after date of invoice. Accounts
are in default if payment is not received within 7 days after date
of invoice. Accounts unpaid 60 days after date of invoice may have
service interrupted or terminated. Such interruption does not
relieve Customer of the obligation to pay Service agreement Monthly
Fee's.. Accounts in default are subject to an interest charge on
the outstanding balance of the lesser of 1.5% per month or the
maximum rate permitted by law. Customer agrees to pay Web Alive its
reasonable expenses, including legal and collection agency fees,
incurred in enforcing its rights under this Agreement. Prices are
exclusive of any taxes which may be levied or assessed upon the
Equipment or services provided hereunder. Any such taxes shall be
paid by Customer. If the whole or any part of a payment is the
consideration for a Taxable Supply, Customer must pay to Web Alive
an additional amount equal to the applicable GST amount with that
payment. Web Alive will provide to Customer a Tax Invoice at the
same time as any GST amount is payable |
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TRADE PRACTICES. EXCEPT AS EXPRESSLY SET FORTH IN
THIS SECTION WEB ALIVE MAKES NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING,
AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. |
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Certain legislation may imply terms, warranties or
conditions that cannot be excluded, restricted or modified. This
Agreement must be read subject to those statutory provisions.
However, where such provisions apply and Web Alive is so entitled,
Web Alive hereby limits its liability to either of the following
options at its sole election: (i) in the case of goods, the
replacement of the goods or resupply of equivalent goods; the
repair of the goods; the payment of the cost of replacing the goods
or acquiring equivalent goods; or the payment of the cost of having
the goods repaired; and (ii) in the case of services, the supply of
the services again or the payment of the cost of having the
services supplied again. |
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PUBLICITY
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By participating in this transaction the client
acknowledges and automatically authorises Web Alive to use it's
name, and logo for the express and sole purpose of identifying the
client as a client of Web Alive in it's Marketing material, both
Print and Electronic. The client may elect to withdraw it's
permission for the use of same, but must do so in writing with 30
days notification for withdrawal of any material from the
commercial domain. |
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| RETURNS & REFUNDS |
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By participating in this transaction, you have
agreed to pay a 12 month licence fee in advance for the use of the
Web Alive hosting and functionality of your website. We regret that
we cannot refund any proportion of this licence fee for early
cancellation or any part thereof of the pre-paid 12 month licence
fee. |
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| REDELEGATION |
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From the time that Web Alive delegate a domain
name on behalf of a client, there may be a period of between 4 and
72 hours before Web Alive and it's related services become live.
Systems are in place and all care will be taken to minimise any
downtime of web site, e-mail and related services, but Web Alive
does not guarantee nor take any responsibility for web site and
e-mail down time during this 72 hour period. E-mails will be
captured by Web Alive and forwarded to the client once delegation
has been completed, however, we take no responsibility for lost
e-mails during this period. |
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| WARRANTY-LIMITATION |
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To the extent permitted by applicable law, all
warranties, including but not limited to warranties of
merchantability and fitness for a particular purpose, are hereby
excluded. The liability of WebAlive, if any, for damages relating
to the provision of advice, services, or products will, to the
extent permitted by law, be limited to the actual price paid by the
purchaser for such advice, services, or products and will in no
event include incidental, indirect, special or consequential
damages of any kind.
IN NO EVENT SHALL WEBALIVE BE LIABLE TO RESELLER OR ANY END-USER
FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF
DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR
LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
All software and hardware may have errors, and therefore the use of
the Products must be by skilled and suitably trained personnel who
can verify the results of use to be accurate. WebAlive supplies the
Products "as is" without warranty as to the correctness,
completeness or accuracy of the results of use, or as to any
benefits of use of any nature. |
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| TRADEMARKS &
INTELLECTUAL PROPERTY RIGHTS |
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Intellectual Property Rights. WebAlive is the sole
and exclusive owner of the Products and the underlying software
code and all Intellectual Property Rights in relation to the
Products. All Improvements to the Products, will remain the
property of WebAlive. For the purpose of clarification, components
created solely within the WebAlive Professional environment and
“plug in” modules which can operate within the WebAlive
Professional environment (such as ) are not generally included in
the definition of Improvements.
Trademarks. WebAlive shall have and retain sole ownership of the
Trademarks, including the goodwill pertaining thereto.
No Copying, etc. Any licensee shall refrain from copying, reverse
engineering, disassembling, decompiling, translating, or modifying
the Products, or granting any other person or entity the right to
do so. |
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| ACCEPTABLE USE POLICY |
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The User accepts sole responsibility for ensuring
that site content is not deceptive; inaccurate; defamatory;
pornographic, obscene or sexually explicit; discriminatory to any
race, ethnic group, religion, or sect; discriminatory or offensive
to the disabled or any physically, socially or economically
disadvantaged community sector; discriminatory against any persons
of a particular gender or sexual persuasion; discriminatory against
any professional or trade group; offensive, or derogatory to any
person or persons; or likely to in any way interfere with or harm
the business of any person or entity or to interfere in any way
with the natural course of business. User further warrants that
nothing on user's site shall be published in breach of copyright or
patent laws; contrary to the terms of any binding Non-Disclosure or
Confidentiality Agreement; in breach of any Privacy Act; or in
contravention of any applicable Statute or Law, whether such law
shall be agreed to by International Convention or shall be specific
to a country or state, and whether or not such statute or law is
specifically stated to apply in the Commonwealth of
Australia. |
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WebAlive may, but shall not be obligated to,
immediately and without notice, terminate the provision of services
to the User and remove User's site in the event that User is found
to have breached any provision of law by the publication of such
site, or to have engaged in illegal practices, illegal sale of
goods, dangerous, offensive or harmful activities, and such
termination may take place immediately on detection of such conduct
and without notice to owner. User acknowledges that it shall have
no remedy or recourse against WebAlive, nor shall the User be
granted the right to cure, except at the sole discretion of the
management of WebAlive.
Upon termination under this Clause, WebAlive shall have the right
to delete and/or destroy any and all site content and information
contained in User's account, without accounting to the User for
such destruction. User shall have no redress in respect of loss or
claimed loss of intellectual property business assets or loss or
claimed loss of trade, or in respect of any other loss caused or
claimed to be caused by or as a result of such deletion or
destruction.
In the event of termination occurring under the terms of this
provision, WebAlive shall be entitled to receive payment from user
for services for the Term of Agreement currently in force at the
time of such termination.
User expressly waives any statutory or legal rights which conflict
with the provisions of this Clause. |
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User agrees not to use their web site or any
services supplied by WebAlive for, or in connection with, any
"spamming" activity or any other illegal or unethical marketing
practice. The User will accept all responsibility and liability for
content posted on their web site. WebAlive accepts no liability for
any content published on a User's web site and if any Court
proceedings are brought against WebAlive for any content published
on a User's web site, the User will be liable for all court costs
and legal representation costs associated with the Court
proceedings. |
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SOFTWARE LIECENCE
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WebAlive hereby grants the User a non-exclusive,
non-transferable license to use its software in object code form
only, on a server controlled by WebAlive, for the sole purpose of
creating and maintaining a web site on the WebAlive server, or on
such other server as may be licensed by WebAlive to host sites on
its behalf, and under the terms and conditions of such license.
The User may not copy or reproduce the Software either in full or
in part, nor attempt to in any way modify, alter, reverse engineer
or de-compile the software. The User is not licensed to use or
install the software, other than as specifically authorised by
WebAlive. |
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| GENERAL |
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JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT
DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE
CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE
FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun
Microsystems, Inc. has required the inclusion of this
disclaimer. |
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| TRADE |
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The User agrees to comply with all requirements
for the conduct of business applicable to persons conducting
business both in Australia, and in the country of residence of the
User. The User agrees not to breach any export law or trade
restriction by the sale or supply of goods or services on User's
site. |
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WebAlive Technologies Pty Ltd
(“WebAlive”)
Privacy Statement |
| Protecting Your
Privacy |
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WebAlive is committed to providing you with the
highest levels of customer service. This includes protecting your
privacy. WebAlive is bound by the Commonwealth Privacy Act 1988,
which sets out a number of principles concerning the protection of
your personal information.
Set out below is information that WebAlive is required to
communicate to its customers. WebAlive recommends that you keep
this information for future reference. |
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| Your personal
information |
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Personal information held by WebAlive may include
your name, current and previous addresses, telephone/mobile phone
number, email address, bank account or credit card details,
occupation, driver's licence number and your WebAlive PIN, username
or password. WebAlive also holds details of your WebAlive services
(including their status).
If you choose not to provide certain personal information, WebAlive
may not be able to provide you with the services you require, or
the level of service on which WebAlive prides itself. |
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Occasionally, you may need to provide personal
information about other individuals to WebAlive (e.g. about your
authorised representatives). If so, WebAlive relies on you to
inform those individuals that you are providing their personal
information to WebAlive and to advise them that WebAlive can be
contacted for further information (see 'How to contact us'
below). |
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| How we collect personal
information |
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WebAlive collects personal information in a number
of ways, including: |
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directly from you, when you provide information by phone or in
application forms, or when you submit your personal details through
WebAlive's web sites (e.g. during www.webalive.biz registration or
trial services); |
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from third parties such as WebAlive's related companies, credit
reporting agencies or your representatives; |
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from publicly available sources of information; |
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in response to a survey, contest or
sweepstakes |
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from the organisations identified below under 'When WebAlive
discloses your personal information'; |
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from WebAlive's own records of how you use your WebAlive
services; or |
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when legally required to do so. |
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| How we use your personal
information |
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Your personal
information may be used to: |
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verify your identity; assist you to subscribe to WebAlive's
current services; offer you and provide additional WebAlive or
related services; administer and manage those services, including
charging, billing and collecting debts; inform you of ways the
services provided to you could be improved; conduct appropriate
checks for credit-worthiness and for fraud; research and develop
WebAlive's services; gain an understanding of your information and
communication needs in order for WebAlive to provide you with a
better service; and maintain and develop WebAlive's business
systems and infrastructure, including testing and upgrading of
these systems. |
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Also, your personal information is collected so that WebAlive
can promote and market its services to you (including by way of
direct mail, telemarketing, SMS and MMS messages). WebAlive does
this to keep you informed of its products, services and special
offers. If you do not wish WebAlive to promote and market its
products, services and special offers to you, please call +61 1300
797 471. |
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In relation to marketing and promotional material sent via
email, WebAlive will send such material to you unless you indicate
you wish to opt-out by selecting this option in the
email. |
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| When we disclose your personal
information |
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In order to deliver the services you require, WebAlive may
disclose your personal information to organisations outside of
WebAlive. Your personal information is disclosed to these
organisations only in relation to WebAlive providing its services
to you. These organisations may carry out WebAlive's: |
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customer enquiries; mailing operations; billing and
debt-recovery functions; information technology services;
installation, maintenance and repair services; marketing and
telemarketing services; market research; and web site usage
analysis. |
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WebAlive takes reasonable steps to
ensure that these organisations are bound by confidentiality and
privacy obligations in relation to the protection of your personal
information. In addition, WebAlive may disclose your personal
information to: |
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your authorised representatives or your legal advisers (e.g.
when requested by you to do so); credit-reporting and
fraud-checking agencies; credit providers (for credit related
purposes such as credit-worthiness, credit rating, credit provision
and financing); WebAlive's related companies; WebAlive's
professional advisers, including its accountants, auditors and
lawyers; other information technology service providers (for
example, if you obtain services from other providers, WebAlive may
need to disclose your personal information for billing purposes);
government and regulatory authorities and other organisations, as
required or authorised by law; and |
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| WebAlive's web
sites |
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WebAlive provides products and services via its various web
sites. When you visit WebAlive's sites, its web servers record
anonymous information such as the time, date and URL of the
request. This information assists WebAlive to improve the structure
of its web sites and monitor their performance. WebAlive may use
'cookies' on various web sites. Cookies are an industry standard
and most major web sites use them. A cookie is a small text file
that our web sites may place on your computer. Usually, cookies are
used as a means for WebAlive's web sites to remember your
preferences. As such, cookies are designed to improve your
experience of WebAlive's web sites. In some cases, cookies may
collect and store personal information about you. WebAlive extends
the same privacy protection to your personal information, whether
gathered via cookies or from other sources. You can adjust your
Internet browser to disable cookies or to warn you when cookies are
being used. However, if you disable cookies, you may not be able to
access certain areas of our web sites or take advantage of the
improved web site experience that cookies offer. WebAlive also
collects Internet Protocol (IP) addresses. IP addresses are
assigned to computers on the internet to uniquely identify them
within the global network. WebAlive collects and manages IP
addresses as part of the service of providing internet session
management and for security purposes. |
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| Help us to ensure we hold
accurate information |
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WebAlive takes all reasonable
precautions to ensure that the personal information it collects,
uses and discloses is accurate, complete and up-to-date. However,
the accuracy of that information depends to a large extent on the
information you provide. That's why WebAlive recommends that
you: |
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let WebAlive know if there are any
errors in your personal information; and keep WebAlive up-to-date
with changes to your personal information such as your name or
address. |
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If you are a subscriber to one of WebAlive's
online products or services, you may change your personal details
by contacting WebAlive on +61 1300 797 471
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| You can access your personal
information |
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You have a right to access your
personal information, subject to some exceptions allowed by law. If
you would like to do so, you will need to put your request in
writing for, security reasons, and either send it by facsimile
to+20 22 44 88 489or by email towebalive@noon-eg.com WebAlive reserves the right to charge a fee for searching for
and providing access to your information. |
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| How to contact
us |
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If you have any questions in relation
to privacy, please contact WebAlive on +20 22 40 90
674 between 9.00am and 5.00pm, Sunday to Thursday. Please note
that this number is not for general service enquiries. |
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You may obtain further information on
privacy matters by visiting WebAlive's web site atwww.webalive.biz WebAlive Privacy Statement July2007.
Noon Business Development, Cairo, Egypt |