Thank you for visiting the Queensland Media Group website. The Queensland Media Group website has been made available to you subject to your compliance with the terms and conditions set forth below (the "Terms & Conditions"). Please read this document carefully before accessing or using the Queensland Media Group website. By accessing or using this website, you are agreeing to be bound by these Terms & Conditions. If you do not wish to be bound by the terms and conditions, you may not access or use the website.
 

Modification of these Terms & Conditions

Queensland Media Group (QMG) PTY LTD reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Queensland Media Group website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
 

Limitation of Liability - Domain Registration

You agree that Queensland Media Group Pty Ltd and/or our agents will not be liable to you or any other person for any loss that may occur due to
(a) any loss of registration of a domain name,
(b) the use of your domain name,
(c) access delays or access interruptions to Queensland Media Group Pty Ltd’s registration system;
(d) the non-delivery or misdelivery of data between you and queensland media group pty ltd ;
(e) events beyond Queensland Media Group Pty Ltd control;
(f) the processing of this application;
(g) the processing of any modification to the record associated with your domain name,
(h) the failure of you or your agent to pay any fees hereunder; or
(i) the application of the dispute policy. Further, Queensland Media Group Pty Ltd will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Queensland Media Group Pty Ltd has been advised of the possibility of such damages.
In no event shall Queensland Media Group Pty Ltd’s maximum liability exceed the total amount paid by you to Queensland Media Group Pty Ltd for registration of your domain name during the prior 3 years. To the extent applicable state does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the minimum extent permitted by law
 

Limitation of Liability - Hosting

Queensland Media Group PTY LTD shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Queensland Media Group PTY LTD server/virtual servers going off-line or being unavailable for any reason whatsoever. Further, Queensland Media Group PTY LTD shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Queensland Media Group PTY LTD server/virtual servers. All damages shall be limited to the immediate termination of your service. Queensland Media Group PTY LTD will not be held responsible for any problems that a customer may have. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to:

(1) loss or liability resulting from access delays or access interruptions;

(2) loss or liability resulting from data non-delivery or data mis-delivery;

(3) loss or liability resulting from acts of God;

(4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication;

(5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement;

(6) loss or liability relating to the deletion of or failure to store e-mail messages;

(7) loss or liability resulting from the development or interruption of your Web site;

(8) loss or liability from your inability to use our mail service; or

(9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or reregistration fee.
 

Public Nature of Internet

Please understand that all information submitted on the server/Virtual Server shall be considered publicly accessible. Important and private information should be protected by the Client. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
 

SPAM and Unsolicited Commercial Email (UCE)

Queensland Media Group PTY LTD takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network or the Enetica.com.au network, and also to the hosting of websites or services on our server/virtual servers that support spammers or cause our server/virtual server to be listed in any of the various Spam Databases. Very simply this means that customers of Queensland Media Group PTY LTD may not use, or permit others to use our network to transact in UCE and/or SPAM or to support UCE &/or SPAM on our server/virtual server. Violations of this policy carry severe penalties, including termination of service. Upon notification of an alleged violation of our SPAM policy, an immediate investigation will be initiated (within 48 hours of notification). During the investigation, Queensland Media Group PTY LTD may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Queensland Media Group PTY LTD may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Queensland Media Group PTY LTD reserves the right to pursue civil remedies for any costs associated with a substantiated policy violation. Queensland Media Group PTY LTD will notify law enforcement officials if the violation is believed to be a criminal offence. First violations of this policy will result in an "Administrative Fee" of $1200 and immediate termination of your account without any pro-rata refund. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $370 per hour that Queensland Media Group PTY LTD providers must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. Although these fees may seem excessive, they are what we are automatically charged by our telecommunications provider and we are merely passing on these charges.

Activities Subject to Immediate Deactivation

Any server/virtual server that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you (also SPAMMING, refer above). Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow the client an opportunity to cure them within a 72-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, the client's use is or results in Illegal, Abusive or Unethical activities. If a Web Site is disabled, the regular monthly fees may still apply.

Please review our Privacy Policy, which also governs your visit to Queensland Media Group PTY LTD, to understand our practices regarding the use and disclosure of your personal information.
 

Web Hosting and Domain Name Terms & Conditions

1. PAYMENT POLICIES
All accounts are set up on a prepay basis. Although QMG reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due on each yearly anniversary. All accounts are automatically renewed at the end of each prepaid period unless written closure notification is received (and such receipt is confirmed by QMG to the account holder) at least 15 days prior to the end of the prepaid period. QMG reserves the right to suspend all services until the outstanding charges are paid. The account holder is responsible for all outstanding charges on the account. The account holder may be charged a $25 administration fee for any declined or dishonored payment. All invoices will be sent directly to account holders via e-mail. No bills or invoices will be sent by regular mail.

2. PAYMENT OPTIONS
All accounts must be prepaid by either direct deposit to QMG or by Cheque. Accounts will only be setup once payments have cleared.

3. CANCELLATION AND REFUNDS
QMG reserves the right to cancel the service at any time if it believes the account is being misused, account holders are not entitled to any refund. Account holders may cancel their account at any time. Any incentives offered to account holders when opening the account will also be cancelled. Account holders may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. In addition some accounts incur set-up fees, these charges are also non-refundable.

4. DOMAIN NAMES
All domain names must be purchased on a prepay basis. QMG will provide renewal notification 30 days prior to expiry via email. If payment is not made before the domain expiry date QMG will not be held responsible for domain renewal.

5. EXTRA CHARGES
These only apply under the following terms: 1. Suspended Account Re-Activation Fee - $33 2. Dishonored or Declined Payment Fee - $25 3. Restore from Backup - $44 4. Backup of Site Data or Database - $44

6. FREE WEBSITE HOSTING & .COM DOMAIN NAME
QMG may offer free website hosting and/or .com domain name from time to time as a special offer or part of a website package. Unless otherwise stated, the free website and/or .com domain name will be valid for a period of one (1) year. After this period normal charges will apply.
 

Third Party Links

Linked websites are not under the control of Queensland Media Group PTY LTD and Queensland Media Group PTY LTD is not responsible for the contents of any linked site or any link contained in a linked site. Queensland Media Group PTY LTD provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Queensland Media Group PTY LTD of the site.
 

Applicable Law

By visiting the Queensland Media Group PTY LTD website, you agree that the laws of the state of Queensland, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Queensland Media Group PTY LTD.
 

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
 

Governing Law

This agreement is governed by the law in force in the State of Queensland and Australia.
 

Request and Address

Please send notices by care of e-mail to: info@qmg.com.au

or by our Mailing Address:

Queensland Media Group PTY LTD
PO Box 1269
Fortitude Valley
QLD 4006
AUSTRALIA