IMPORTANT!
THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS
SITE AND SERVICE, WHICH IS PROVIDED BY OUR COMPANY.
BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY
AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS
SITE AND SERVICE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR
ANY CHANGES.
SPECIFIC CONDITIONS OF SERVICE
The programming service is provided remotely and may
require access to your server to examine/modify the
programs in situ. If such access cannot be given
due to security or privacy reasons, we shall attempt to
complete the task on our servers and send the finished
programs to you for uploading to your server. You must
have the necessary expertise to upload and/or re-install
the programs. Due to the inevitable delay in this, costs
for the service will be higher.
We may reject a request if the accumulated time cost
for the month has exceeded the limit and you are not
willing to pay additional charges.
Though very rare, some programs may not be modifiable
from outside your location and we will let you know if
it is the case.
Prior to starting the work on any task we will
ascertain how much effort/time is involved and let you
know an estimated time of delivery (ETD). Though we will
try our best to stay within this ETD, circumstances
outside our control may cause delays. If the delay is
from our side we will not take into consideration the
extra time involved. If the delay is caused by any
action, or lack thereof, from your part, the extra time
will incur a charge.
The object at all times is to ensure the smooth and
efficient modification/maintenance of the programs. For
this, we will choose the best style and methodology of
coding unless the client has any particular style or
method in mind. In Perl there are always alternatives to
do any specific task and, unless raised before the start
of work, disagreements regarding the method and style of
coding will not be
entertained.
GENERAL CONDITIONS
Access To This Service
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS
THIS WEB SITE AND SERVICE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE,
YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY
REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF
THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE
FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS
NOT MONITORED AS DOING SO.
To access this site or some of the resources it has
to offer, you may be asked to provide certain
registration details or other information. It is a
condition of your use of this site that all the
information you provide on this site will be correct,
current, and complete. If our Company
believes the information you provide is not correct,
current, or complete, we have the right to refuse you
access to this site or any of its resources, and to
terminate or suspend your access at any time, without
notice.
Restrictions On Use
You may use this site ONLY for purposes expressly
permitted by this site. You may not use this site
for any other purpose, including any commercial purpose,
without our Company's express prior written
consent. For example, you may not (and may not
authorize any other party to) (i) co-brand this site, or
(ii) frame this site, or (iii) hyper-link to this site,
without the express prior written permission of an
authorized representative of our Company.
For purposes of these Terms of Use, "co-branding" means
to display a name, logo, trademark, or other means of
attribution or identification of any party in such a
manner as is reasonably likely to give a user the
impression that such other party has the right to
display, publish, or distribute this site or content
accessible within this site. You agree to
cooperate with our Company in causing any
unauthorized co-branding, framing or hyper-linking
immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as
the "Content") accessible from this site, and any other
World Wide Web site owned, operated, licensed, or
controlled by our Company is the proprietary
information of our Company or the party that
provided the Content to our Company, and our
Company or the party that provided the Content to
our Company retains all right, title, and
interest in the Content. Accordingly, the Content
may not be copied, distributed, republished, uploaded,
posted, or transmitted in any way without the prior
written consent of our Company, or unless
authorized in writing elsewhere on our site, except that
you may print out a copy of the Content solely for your
personal use. In doing so, you may not remove or
alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of the
Content. Modification or use of the Content except
as expressly provided in these Terms of Use violates our
Company's intellectual property rights.
Neither title nor intellectual property rights are
transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which
are not maintained by, or related to, our Company.
Hyper-links to such sites are provided as a service to
users and are not sponsored by or affiliated with this
site or our Company. Our Company has
not reviewed any or all of such sites and is not
responsible for the content of those sites.
Hyper-links are to be accessed at the user's own risk,
and our Company makes no representations or
warranties about the content, completeness or accuracy
of these hyper-links or the sites hyper-linked to this
site. Further, the inclusion of any hyper-link to
a third-party site does not necessarily imply
endorsement by our Company of that site.
Submissions
You hereby grant to our Company the
royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other
information communicated to our Company through
this site (together, hereinafter known as the
"Submission"), and to incorporate any Submission in
other works in any form, media, or technology now known
or later developed. Our Company will not be
required to treat any Submission as confidential, and
may use any Submission in its business (including
without limitation, for products or advertising) without
incurring any liability for royalties or any other
consideration of any kind, and will not incur any
liability as a result of any similarities that may
appear in future Company operations.
Our Company will treat any personal
information that you submit through this site in
accordance with its Privacy Policy as set forth on this
site.
Disclaimer
You understand that our Company cannot and
does not guarantee or warrant that files available for
downloading from the Internet will be free of viruses,
worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to this site for the reconstruction of
any lost data. Our Company does not assume
any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and
up-to-date and should not be used to replace any written
reports, statements, or notices provided by Company.
Investors, borrowers, and other persons should use the
Content in the same manner as any other educational
medium and should not rely on the Content to the
exclusion of their own professional judgment.
Information obtained by using this site is not
exhaustive and does not cover all issues, topics, or
facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
The Content is provided 'as is' and without warranties
of any kind, either expressed or implied. Our
Company disclaims all warranties, including any implied
warranties of merchantability, fitness for a particular
purpose, TITLE, OR NON-INFRINGEMENT. Our
Company does not warrant that the functions OR
CONTENT contained in this site will be uninterrupted or
error-free, that defects will be corrected, or that this
site or the server that makes it available are free of
viruses or other harmful components. Our
Company does not warrant or make any representation
regarding use, or the result of use, of the content in
terms of accuracy, reliability, or otherwise. The
content may include technical inaccuracies or
typographical errors, and Company may make
changes or improvements at any time. You, and not
our Company, assume the entire cost of all
necessary servicing, repair or correction IN THE EVENT
OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE
OR ITS CONTENT. Our COMPANY MAKES NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT
INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
CONTENT.
All of the information in this site, whether
historical in nature or forward-looking, speaks only as
of the date the information is posted on this site, and
Company does not undertake any obligation to
update such information after it is posted or to remove
such information from this site if it is not, or is no
longer, accurate or complete.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,
INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID
TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its
subsidiaries, affiliates, licensors, content providers,
service providers, employees, agents, officers,
directors, and contractors (hereinafter known as the
"Indemnified Parties") harmless from any breach of these
Terms of Use by you, including any use of Content other
than as expressly authorized in these Terms of Use.
You agree that the Indemnified Parties will have no
liability in connection with any such breach or
unauthorized use, and you agree to indemnify any and all
resulting loss, damages, judgments, awards, costs,
expenses, and attorney's fees of the Indemnified Parties
in connection therewith. You will also indemnify
and hold the Indemnified Parties harmless from and
against any claims brought by third parties arising out
of your use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in
this site are the property of Company or the
party that provided the trademarks, service marks, and
logos to Company. Company and any
party that provided trademarks, service marks, and logos
to Company retain all rights with respect to any
of their respective trademarks, service marks, and logos
appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit
in connection with this site any material that:
-
you do not have the right to post, including
proprietary material of any third party;
-
advocates illegal activity or discusses an intent
to commit an illegal act;
-
is vulgar, obscene, pornographic, or indecent;
-
does not pertain directly to this site;
-
threatens or abuses others, libels, defames,
invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
-
seeks to exploit or harm children by exposing
them to inappropriate content, asking for personally
identifiable details or otherwise;
-
infringes any intellectual property or other
right of any entity or person, including violating
anyone?s copyrights or trademarks or their rights of
publicity;
-
violates any law or may be considered to violate
any law;
-
impersonates or misrepresents your connection to
any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the
content;
-
advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise
engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners,
and/or soliciting goods or services) except as may be
specifically authorized on this site;
-
solicits funds, advertisers or sponsors;
-
includes programs which contain viruses, worms
and/or Trojan horses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications;
-
disrupts the normal flow of dialogue, causes a
screen to scroll faster than other users are able to
type, or otherwise act in a way which affects the
ability of other people to engage in real time
activities via this site;
-
includes MP3 format files;
-
amounts to a 'pyramid' or similar scheme;
-
disobeys any policy or regulations established
from time to time regarding use of this site or any
networks connected to this site; or
-
contains hyper-links to other sites that contain
content that falls within the descriptions set forth
above.
Although under no obligation to do so, our Company
reserves the right to monitor use of this site to
determine compliance with these Terms of Use, as well
the right to remove or refuse any information for any
reason. Notwithstanding these rights, you remain
solely responsible for the content of your submissions.
You acknowledge and agree that neither Company
nor any third party that provides Content to Company
will assume or have any liability for any action or
inaction by Company or such third party with
respect to any submission.
Security
Any passwords used for this site are for individual
use only. You will be responsible for the security of
your password (if any). Company will be
entitled to monitor your password and, at its
discretion, require you to change it. If you use a
password that Company considers insecure,
Company will be entitled to require the password to
be changed and/or terminate your account.
You are prohibited from using any services or
facilities provided in connection with this site to
compromise security or tamper with system resources
and/or accounts. The use or distribution of tools
designed for compromising security (e.g., password
guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in
any violation of system security, Company
reserves the right to release your details to system
administrators at other sites in order to assist them in
resolving security incidents. Company
reserves the right to investigate suspected violations
of these Terms of Use.
Company reserves the right to fully cooperate
with any law enforcement authorities or court order
requesting or directing Company to disclose the
identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials
that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW
ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted
pursuant to the laws of South Australia, Australia,
notwithstanding any principles of conflicts of law.
You specifically consent to personal jurisdiction in
South Australia in connection with any dispute
between you and Company arising out of these
Terms of Use or pertaining to the subject matter hereof.
The parties to these Terms of Use each agree that the
exclusive venue for any dispute between the parties
arising out of these Terms of Use or pertaining to the
subject matter of these Terms of Use will be in the
state and federal courts in South Australia, Australia.
If any part of these Terms of Use is unlawful, void or
unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any
remaining provisions. These Terms of Use constitute the
entire agreement among the parties relating to this
subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern
the items to which they pertain. Company
may revise these Terms of Use at any time by updating
this posting.
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