EasyBiz

EasyBiz.com.au Terms of Use Agreement

Janurary 14, 2008

EasyBiz.com.au is a Business and Product Directory listing service that allows businesses to create unique business profiles online in order to allow their customers to find their products and services. The services offered by EasyBiz.com.au ("EasyBiz.com.au" or "we") include the EasyBiz.com.au website (the "EasyBiz Website"), and any other features, content, or applications offered from time to time by EasyBiz.com.au in connection with the EasyBiz Website (collectively, the "EasyBiz Services"). The EasyBiz Services are hosted in Australia.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the EasyBiz Services. By using the EasyBiz Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the EasyBiz Website) or you are a "Member" (which means that you have registered with EasyBiz.com.au). The term "User" refers to a Visitor or a Member. You are only authorized to use the EasyBiz Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the EasyBiz Website and discontinue use of the EasyBiz Services immediately. If you wish to become a Member and list your business products and or services, and make use of the EasyBiz Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes EasyBiz.com.au's policy for acceptable use of the EasyBiz Services and Content posted on the EasyBiz Website, your rights, obligations and restrictions regarding your use of the EasyBiz Services and EasyBiz.com.au's Privacy Policy. In order to participate in certain EasyBiz Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the EasyBiz Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@EasyBiz.com.au, Subject: Terms of Use Agreement.

EasyBiz.com.au may modify this Agreement from time to time and such modification shall be effective upon posting by EasyBiz.com.au on the EasyBiz Website. You agree to be bound to any changes to this Agreement when you use the EasyBiz Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on EasyBiz.com.au and that you provide to other Users. Your EasyBiz.com.au profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other EasyBiz.com.au Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and EasyBiz.com.au assumes no responsibility or liability for this material. If you become aware of misuse of the EasyBiz Services by any person, please contact EasyBiz or click on the "Report Inappropriate Content" button at the bottom of any EasyBiz.com.au page.

EasyBiz.com.au reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the EasyBiz Services at any time, for any or no reason, with or without prior notice, and without liability. EasyBiz expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of EasyBiz Services if EasyBiz determines, in its sole discretion, that you pose a threat to EasyBiz and/or its Users.

1. Eligibility. Use of and Membership in the EasyBiz Services is void where prohibited. By using the EasyBiz Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the EasyBiz Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the EasyBiz Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. EasyBiz.com.au may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees. You acknowledge that EasyBiz.com.au reserves the right to charge for the EasyBiz Services and to change its fees from time to time in its discretion. If EasyBiz.com.au terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify EasyBiz.com.au immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-ethical Use by Members. The EasyBiz Services are for the business use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by EasyBiz.com.au. Illegal and/or unauthorized use of the EasyBiz Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the EasyBiz Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the EasyBiz Services.
6. Proprietary Rights in Content on EasyBiz.com.au.
   1. EasyBiz.com.au does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the EasyBiz Services. After posting your Content to the EasyBiz Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the EasyBiz Services, you hereby grant to EasyBiz.com.au a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the EasyBiz Services.

      Without this license, EasyBiz.com.au would be unable to provide the EasyBiz Services. For example, without the right to modify Member Content, EasyBiz.com.au would not be able to digitally compress audio files that Members may submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, EasyBiz.com.au could not allow Users to listen to audio posted by Members. The license you grant to EasyBiz.com.au is non-exclusive (meaning you are free to license your Content to anyone else in addition to EasyBiz.com.au), fully-paid and royalty-free (meaning that EasyBiz.com.au is not required to pay you for the use on the EasyBiz Services of the Content that you post), sublicensable (so that EasyBiz.com.au is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the EasyBiz Services), and worldwide (because the Internet and the EasyBiz Services are global in reach). This license will terminate at the time you remove your Content from the EasyBiz Services. The license does not grant EasyBiz.com.au the right to sell your Content, nor does the license grant EasyBiz.com.au the right to distribute your Content outside of the EasyBiz Services.

   2. You represent and warrant that: (i) you own the Content posted by you on or through the EasyBiz Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the EasyBiz Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the EasyBiz Services.
   3. The EasyBiz Services contain Content of EasyBiz.com.au ("EasyBiz.com.au Content"). EasyBiz.com.au Content is protected by copyright, trademark, patent, trade secret and other laws, and EasyBiz.com.au owns and retains all rights in the EasyBiz.com.au Content and the EasyBiz Services. EasyBiz.com.au hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the EasyBiz.com.au Content (excluding any software code) solely for your personal use in connection with viewing the EasyBiz Website and using the EasyBiz Services.
   4. The EasyBiz Services contain Content of Users and other EasyBiz.com.au licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the EasyBiz Services.
7. Content Posted.
   1. EasyBiz.com.au may delete any Content that in the sole judgment of EasyBiz.com.au violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. EasyBiz.com.au assumes no responsibility for monitoring the EasyBiz Services for inappropriate Content or conduct. If at any time EasyBiz.com.au chooses, in its sole discretion, to monitor the EasyBiz Services, EasyBiz.com.au nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   2. You are solely responsible for the Content that you post on or through any of the EasyBiz Services, and any material or information that you transmit to other Members and for your interactions with other Users. EasyBiz.com.au does not endorse and has no control over the Content. Content is not necessarily reviewed by EasyBiz.com.au prior to posting and does not necessarily reflect the opinions or policies of EasyBiz.com.au. EasyBiz.com.au makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the EasyBiz Services. EasyBiz.com.au reserves the right to investigate and take appropriate legal action against anyone who, in EasyBiz.com.au's sole discretion, violates this provision, including without limitation, removing the offending communication from the EasyBiz Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of EasyBiz.com.au:
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   14. includes a photograph of another person that you have posted without that person's consent; or
   15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

   The following is a partial list of the kind of activity that is illegal or prohibited on the EasyBiz Website and through your use of the EasyBiz Services. EasyBiz.com.au reserves the right to investigate and take appropriate legal action against anyone who, in EasyBiz.com.au's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

   1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   2. advertising to, or solicitation of, any Member to buy or sell any products or services through the EasyBiz Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the EasyBiz Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, EasyBiz.com.au reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which EasyBiz.com.au deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the EasyBiz Services, you acknowledge that you will have caused substantial harm to EasyBiz.com.au, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay EasyBiz.com.au $50 for each such unsolicited email or other unsolicited communication you send through the EasyBiz Services;
   3. covering or obscuring the banner advertisements on your personal profile page, or any EasyBiz.com.au page via HTML/CSS or any other means;
   4. any automated use of the system, such as using scripts to add page or products or any other features including SMSs to customers via the web2sms functionality;
   5. interfering with, disrupting, or creating an undue burden on the EasyBiz Services or the networks or services connected to the EasyBiz Services;
   6. attempting to impersonate another Member or person;
   7. for band profiles, copying the code for your EasyBiz Player and embedding it into other profiles or asking other Members to embed it into their profiles;
   8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
   9. selling or otherwise transferring your profile;
   10. using any information obtained from the EasyBiz Services in order to harass, abuse, or harm another person;
   11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the EasyBiz Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
   12. using the EasyBiz Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of EasyBiz.com.au to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to EasyBiz.com.au by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the EasyBiz Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the EasyBiz Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. EasyBiz.com.au's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright, EasyBizPty Ltd., 101/4-14 Buckingham St Surry Hills NSW 2101 Australia; Facsimile: 1300 11 7636; Attn: Copyright; and email: copyright@EasyBiz.com.au.
10. Member Disputes. You are solely responsible for your interactions with other EasyBiz.com.au Members. EasyBiz.com.au reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy. Use of the EasyBiz Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. EasyBiz.com.au is not responsible for any incorrect or inaccurate Content posted on the EasyBiz Website or in connection with the EasyBiz Services, whether caused by Users of the EasyBiz Services or by any of the equipment or programming associated with or utilized in the EasyBiz Services. Profiles created and posted by Members on the EasyBiz Website may contain links to other websites. EasyBiz.com.au is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by EasyBiz.com.au. Inclusion of any linked website on the EasyBiz Services does not imply approval or endorsement of the linked website by EasyBiz.com.au. When you access these third-party sites, you do so at your own risk. EasyBiz.com.au takes no responsibility for third party advertisements which are posted on this EasyBiz Website or through the EasyBiz Services, nor does it take any responsibility for the goods or services provided by its advertisers. EasyBiz.com.au is not responsible for the conduct, whether online or offline, of any User of the EasyBiz Services. EasyBiz.com.au assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. EasyBiz.com.au is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the EasyBiz Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the EasyBiz Services. Under no circumstances shall EasyBiz.com.au be responsible for any loss or damage, including personal injury or death, resulting from use of the EasyBiz Services, attendance at a EasyBiz.com.au event, from any Content posted on or through the EasyBiz Services, or from the conduct of any Users of the EasyBiz Services, whether online or offline. The EasyBiz Services are provided "AS-IS" and as available and EasyBiz.com.au expressly disclaims any warranty of fitness for a particular purpose or non-infringement. EasyBiz.com.au cannot guarantee and does not promise any specific results from use of the EasyBiz Services.
13. Limitation on Liability. IN NO EVENT SHALL EasyBiz.com.au BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF EasyBiz.com.au HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EasyBiz.com.au'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EasyBiz.com.au FOR THE EasyBiz SERVICES DURING THE TERM OF MEMBERSHIP.
14. Disputes. If there is any dispute about or involving the EasyBiz Services, you agree that the dispute shall be governed by the laws of the State of New South Wales, Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in the State of New South Wales, City of Sydney. Either EasyBiz.com.au or you may demand that any dispute between EasyBiz.com.au and you about or involving the EasyBiz Services must be settled by arbitration utilizing the dispute resolution procedures of the High Court of Australia, provided that the foregoing shall not prevent EasyBiz.com.au from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold EasyBiz.com.au, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the EasyBiz Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the EasyBiz Website or through the EasyBiz Services causes EasyBiz.com.au to be liable to another.
16. Other. This Agreement is accepted upon your use of the EasyBiz Website or any of the EasyBiz Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and EasyBiz.com.au regarding the use of the EasyBiz Services. The failure of EasyBiz.com.au to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. EasyBiz.com.au is a trademark of EasyBiz, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Contact EasyBiz with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.