AGREEMENT:
FirstLine Corporation Pty Ltd of level 2, 222 La Trobe Street Melbourne VIC. ACN 086 391 157 (“FirstLine”) is willing to provide the Service upon the condition that you accept all of the terms of this Agreement. In the event that you do not agree with any of these terms or conditions do not access the Service. By accessing the Service, you agree to be bound by the terms and conditions of this Agreement. RESPONSIBILITIES OF FIRSTLINE:FirstLine shall provide the Service. YOUR RESPONSIBILITIES:During the term of this Agreement: You will:
You acknowledge that:
YOUR COVENANTS:During the term of this Agreement you agree: Not to use the Service in any application or circumstance that may involve risks of death, personal injury, property damage, serious financial loss, or physical or environmental damage. Not to use the Service in connection with any activity that is illegal; fraudulent; defamatory; libellous; threatening; harassing; obscene; pornographic; indecent; infringes any intellectual property rights; infringes any rights to publicity or privacy; or violates any law, statute, ordinance or regulation. Not to use the Service to transmit, to receive responses to, or to facilitate unsolicited bulk email. GENERAL:The Service may be cancelled at any time by mutual agreement or by either party giving the other 30 days prior notice. The Licence will terminate if you fail to pay the fee set forth by FirstLine for the Service or Additional Services by the due date. It will also terminate if you fail to comply with any term or condition of this Agreement. Monthly Subscription commences on the day that your new website is ready for you to load content, (whether or not the website is using a temporary domain name, or temporary design.) Subscriptions are normally payable on the first day of each calendar month. If subscription commences on other than the first day of the month then adjustment to any prepaid fees will be made by increasing or decreasing a subsequent payment This agreement is governed by the law of the State of Victoria in Australia. LIMITATION ON LIABILITY:The Service and Additional Services are provided "AS IS, AS AVAILABLE" without any representations or warranties of any kind either expressed or implied. In no event shall either party be liable to the other party for consequential, direct, incidental, indirect, punitive, special or exemplary damages, including, without limitation, damages for loss of revenue or lost profits, expenses, or lost savings arising from performance or non-performance of any provision of this agreement. In no event shall FirstLine be liable to you or any person for an amount in excess of the amounts actually paid to FirstLine hereunder. |