In a perfect world where everyone did the right thing the need to have guidelines would not be necessitated. However, current society dictates that there is a small proportion of the community who feel this does not apply to them. Consequently there is a need to lay foundations to protect the future of this community orientated endevour.

The following are therefore the Guidelines for having a site hosted on The-Bar-End.com.

Definitions

"Acceptable Use Policy" means the conditions of use applicable to the Service as published by the Provder from time to time

"Internet" means the worldwide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and file transfer protocol.

"ISP" means Internet Service Provider.

"Policy" means any policy published by the Provider from time to time, including without limitation to the Acceptable Use Policy and the Privacy Policy.

"Quota" means the volumn of data that is avaialble in the Service for an individual User. This may be measured in kilobytes, Megabytes, or Gigabytes.

"Service" means the incidental storage of data for access by users of the WWW.

"the Provider" means Edward Barend, The-Bar-End.com and any ISP or other entity used in delivering the service to you.

"User" means the person named as the user in the application for hosting or, if the person so named is under the age of 18 years, the person who signs as parent/guardian.

"WWW" means World Wide Web a method of representing and obtaining graphical data and linking data items used by Internet users.

The Guidelines

Provision of Service

The right or availability of a User to access the Service will be at the sole discretion of the Provider. A refusal by the Provider to make the Service available to a potential User or User is final and non-negotiable.

The service shall be provided by the Provider on an "as is" basis with no guarantees as to performance, suitability or reliability of the service.

The Provider, in accordance with these Guidelines, shall provide the User with the Service by such means as the Provider determines for a period as determined by the Provider.

The Provider will endeavour to provide the Service on a continuous and uninterrupted basis. However, the parties acknowledge that access to the Service may be limited or not possible due to system failure beyond the control of the Provider, or due to system maintenance.

The Provider does not warrant the continuous and uninterrupted supply of the Service and is not liable for any loss or damage suffered by the User due to the unavailability of the Service.

The Provider may at any time at its sole decretion place limitations on the volumn of data (quota) that the User may have available to them through the Service. The Provider will inform the User of any quota restrictions associated to their Service. If a quota restriction is breeched the Provider at its discretion may suspend the Service till the excess quota is removed or remove surficient data held by the User's Service to bring their Service back into the quota limit, or increase the quota limit.

The Provider shall provide the User with all identification and log-in information required for connection to the Service. A refusal by the Provider to provide the User with identification and log-in information means that the Service is not available to, or is no longer available to, the User.

User obligations

The User must provide its own access facilities including software and hardware.

The User is responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the User to access the Service.

The User agrees not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, nor any other confidential information relating to the Service or the Provider.

The User is liable for all fees and/or costs resulting from the obtaining of a domain name for use on the WWW and is legally responsible for all use of the Service accessed through the Users identification or log-in information, whether authorised by the User or not.

The User agrees to provide to the Provider accurate and truthful information in its application for service, and at all future times when the Provider requests information from the User.

The User acknowledges that they are responsible for all carrier charges (ie: telephone calls or your ISP costs) and maintenance costs associated with connecting to the Service. The User agrees that the Provider will never be responsible for any loss or damage the User may experience as a result of accessing or using the service.

The User is requested that a link to this website be incorporated into their website saying "Free hosting provided by the-bar-end.com" or similar. This is not manditory and not including a link is not a breach of these Guidelines.

Use of the Service

The User shall comply with all reasonable directions by the Provider regarding the access and use of the Service and shall comply with the Acceptable Use Policy and all other Policies.

The User warrants that in accessing and using the Service it will only use software that it is legally entitled to use.

The User shall refrain from disruptive activities which may include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, use of the Service to gain unauthorised access to any other computer system.

The User will not transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property or use the Services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another or is obscene, offensive, illegal or defamatory.

The User will not use the Service for any purpose or activity of an illegal or fraudulent nature.

The User will not use any information on the Service that would infringe the intellectual property right of any person.

The User is responsible for preparing and maintaining sufficient back-up files and data storage capacity for all User data.

The Provider has no responsibility to provide training in the use of the Service pursuant to these Guidelines.

The User will not allow any other person to use the Service in a way which would breach these Guidelines.

Policies

The User agrees that they will comply with all of the Provider's Policies.

Technical Support

The User agrees that the Provider is not obliged in any way to provide any technical support.

Indemnity

The User releases and indemnifies the Provider, its servants and agents against all actions, claims and demands which may be instituted against the Provider arising out of a breach of these Guidelines or use of the Service by the User or of any other person for whose acts or omissions the User is vicariously liable.

Liability of the Provider

The Provider shall be under no liability to the User in respect of any loss or damages (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of Services supplied pursuant to these Guidelines or in respect of a failure or omission on the part of the Provider to comply with its obligations under these Guidelines.

Termination

The Provider may immediately terminate this service without notice.

Agreement

By commencing use of the Services, the User acknowledges that the use of the Services is subject to the conditions of these Guidelines and associated Policies and that they have read and understand these Guidelines and associated policies.

Changes to the Services, the Terms and Conditions or our Policies

The Provider may without notice to the User at any time at its discretion change the specifications of the Services, the terms and conditions of these Guidelines or the Policies. These changes will be effective immediately upon the Provider listing them on these pages. It is therefore recommended that you check these pages regularily.

Communication Between The Provider and the User

Communication with the Provider by the User will be via the email address located on the contact page of The-Bar-End.com.

Communication with the User by the Provider will be via the email address provided by the User in their application for hosting or email address changes as notified to the Provider by the User.

A notice will be deemed to be served on transmission by the sender.

Assignment

The User must not assign the benefit under these Guidelines to any person without the written consent of the Provider.

Govering Law

If the need arises these Guidelines shall be governed by the law of the Australian Capital Territory and the parties agree to submit to the jurisdiction of the courts and tribunals of that Territory.

Waiver

A waiver of the Provider's rights under these Guidelines must be in writing.

Acceptable Use Policy

The User:

• must not use, nor permit any other party to use, the Service for any purpose or activity of which may be of illegal, fraudulent or defamatory in nature.


• must not transmit threatening, obscene or offensive materials, or engage in any form of harassment when using the Services.


• acknowledges that any material it may make available online using the Services is its own responsibility. The Provider accepts no liability for any such material. The User further acknowledges that should the Provider consider any material the User has made available online via the Services as being offensive or otherwise inappropriate, then the Provider may at its discretion remove the material.


• must not use the Services to make available online any material that is illegal, including but not limited to material that is classified or would be classified for adults use only.


• will not act in such a way through the Services to interrogate, block or disrupt access to the Internet by other users, service providers, their computers, software or hardware. Such actions include, but are not limited to attempting to gain unauthorised access to another computer system, unauthorised copying, modification or destruction of information held on another computer system, unauthorised copying or dissemination of material protected by copyright or propagating computer viruses, worms and other types of malicious programs.


• will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information or material of any kind (including but not limited to information or material accessed through or received from the Services) that infringes any copyright, patent, trade mark, design or other intellectual property right or, in the Provider's reasonable opinion, is likely to mislead or deceive any person accessing the relevant information or material.


• must respect the privacy of others when using the Services.


• must, in using the Services, only use software that you are legally entitled to use and such use must not infringe any third party intellectual property rights.


• must not use the Service to sell any product or service unless written approval is received from the Provider.


• acknowledges that the Provider must comply with the Australian Telecommunications Act 1997 and other laws and directives from state or federal law enforcement agencies that have jurisdiction over the use of Services provided by the Provider.


• acknowledges that it must notify the Provider immediately if it believes its username and password are lost or have been hacked, or if you believe there is unauthorised use. The User will be liable for all costs resulting from use of the Services accessed through the User's login identification, whether authorised by the User or not.

The User is responsible for:

• obtaining all necessary permissions, authorisations, licences and consents in relation to the use of any third party materials used in the provision of the Services; and


• payment of all royalties and other fees associated with the use of such third party materials, and you must indemnify the Provider in respect of any liability arising directly or indirectly from a failure by the User to observe these obligations.

Privacy Policy

The Provider knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By using the Service, you are accepting the practices described in this Privacy Notice.

The information we learn from Users helps us personalize and continually improve the Service available to Users.

The Provider will never disclose User personal information or any other information or data held by us about you to a third party unless:

• there is reason to suspect that unlawful activity has been, is being or may be engaged in, and we disclose this information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities;


• we are required or specifically permitted by or under law to provide this information to an authority or person that is duly authorised to request it;


• a court order compels us to disclose this information to a specified recipient; or


• we are otherwise required or specifically permitted by law to disclose this information.

As a User, you acknowledge that we must cooperate with the lawful requests of members of the police force or any other person duly authorised to investigate breaches of the law, and that we may disclose any information held by us in relation to your account to such authorities if compelled or required to do so.

The Provider is the sole owner of all the information which it collects. The Provider will not sell, share, or rent this information to any third party.