If you participate in the Total Travel Subscription Program, the following Program Terms apply:
"Content" includes all Information to be included or potentially included in your Total Travel Website and/or the Total Travel Listings, and derivative works of such (including content submitted and/or generated by users ("User-Generated Content")), including any and all audio, videos, data, images, files, hypertext links, scripts, trademarks, service marks, logos, and other distinctive brand features. Content includes any modifications made to the Content.
"PO" means the purchase order relating to the Total Travel Service.
"Subscription Fee" means the fee associated with your Total Travel Service, as set out in your PO.
"Subscription Period" means the subscription period of your Total Travel Service, as set out in your PO.
"Total Travel Service" means the Website Service and/or the provision of a platform by us that enables you to display advertisements in the form of travel related business listings ("Total Travel Listing"), and related services.
"Total Travel Website" is the website we build, host and/or maintain for you as part of the Total Website Service.
"Website Service" means the service we provide regarding the building, maintaining and/or hosting of websites.
References throughout this Agreement to "your website" include the Total Travel Website and/or any other website owned or operated by you or to which a Total Travel Listing links.
2. CONTENT MANAGEMENT LOG-IN: We will make available to you our Content Management System ("CMS") which you can use to manage your Total Travel Service. You will be required to complete the CMS registration process, after which we will provide you with a CMS account and password. You are responsible for maintaining the confidentiality of the password and CMS account and are fully responsible for all activities that occur under your password and CMS account. You agree to (a) immediately notify us of any unauthorized use of your password or CMS account or any other breach of security, and (b) ensure that you exit from your CMS account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3. SUBSCRIPTION FEE: We will provide the Total Travel Service to you for the Subscription Period and you must pay the Subscription Fee no later than thirty (30) days after receipt of a validly issued tax invoice. If you fail to pay your Subscription Fee as agreed then we may immediately suspend or terminate your CMS account and cease providing the Total Travel Services in whole or in part without notice.
4. LICENSE GRANT: In connection with your use of the Total Travel Subscription Program, you grant us a non-exclusive, royalty-free, worldwide license (and, if applicable, with respect of User-Generated Content, agree to obtain the foregoing from the creating and/or submitting user) to use, copy, sublicense, encode, store, archive, distribute, transmit, modify, translate, create teaser content of, render into an audible format, publicly display, and publicly perform the Content in whole or in part. You will provide ongoing assistance to us with regard to technical, administrative, and service-oriented issues relating to the use, encoding, transmission, and maintenance of the Content, as we may reasonably request.
Your use of the Total Travel Program does not confer in us any right of ownership of the Content. The Content and updates to the Content will be provided to us in accordance with our formatting, delivery, and technical requirements as specified by us from time to time during the Subscription Period (including, but not limited, updating the Content directly through your CMS account and/or our collection of the Content from your website).
5. DELETION OF CONTENT: Upon any termination of the Total Travel Service, we reserve the right to permanently delete from our servers any and all information and Content contained in your CMS account or otherwise relating to the provision of the Total Travel Service, including but not limited to order processing information, mailing lists, files, email, and any web pages generated by you or the Total Travel Service. We accept no liability for such deleted information or Content.
6. TERMINATION: You cannot terminate a PO relating to your Total Travel Service prior to the conclusion of the Subscription Period. In the event of a termination of this Total Travel Program, all terms and conditions of these Total Travel Subscription Program Terms will survive until such time as all POs related to a Total Travel Program have ended. Without limiting any other termination rights, we may immediately suspend or terminate your Total Travel Service, terminate your CMS access and password, remove your Total Travel Website from our servers, or remove any Content within the Total Travel Service, if we conclude, in our sole discretion, that you:
(a) have breached, violated, or acted inconsistently with your obligations under this Agreement, including any applicable policy of ours or any applicable law or regulation;
(b) have provided false information in association with the Total Travel Service;
(c) have failed to keep the Content and other information provided in connection with your Total Travel Service complete, true, and accurate (including but not limited to, information provided via your CMS account);
(d) have failed to respond to any email communication sent to the email address you provide to us;
(e) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or
(f) are engaged in activities or sales that may damage the rights or reputation of us or others
(each a "Termination for Cause")
Any Termination for Cause by us will take effect immediately, and you expressly agree that you may not have any opportunity to cure.
7. LIMITATION OF LIABILITY: Notwithstanding any other provision in this Agreement, and to the extent permitted by law, in relation to our liability in association with the Total Travel Service, your sole and exclusive remedy is limited to the following, which we may choose in our discretion: (a) a pro rata refund of the Subscription Fee relating to the Subscription Period that was not fulfilled and/or (b) an extension of the Subscription Period with a refund representing any remaining unfulfilled Subscription Period at the end of such extended term.
8. ELECTRONIC SIGNATURES EFFECTIVE: Clause 16(a) of the Master Program Terms is replaced with the following clause:
You accept the Agreement and the terms, conditions, and notices in connection with your enrollment contained or referenced herein by replying to the email containing your PO and confirming your acceptance. You acknowledge that this action creates an electronic signature that has the same legal force and effect as a handwritten signature. When you reply to the email containing your PO with confirmation that you accept the terms contained therein, you consent to having the Agreement provided to you in electronic form and you also represent, warrant, and covenant that you are duly authorized to execute the PO for and on behalf of the business to which the PO relates.
Clauses 9 to 18 apply to you only if you are subscribed to the Total Travel Website Service.
9. PRIVACY: Clause 3(v) of the Master Program Terms is deleted in its entirety and this clause applies. We may collect and store information about users of the Total Travel Website including PII (.Your User Information.) on your behalf for the purpose of providing the Total Travel Service. You represent, warrant, and covenant that:
(b) if any user requests, or we request on their behalf, that you remove PII relating to such user from your database or other records, you will immediately comply with such request; and
11. TOTAL TRAVEL WEBSITE: You acknowledge that the Website Service is offered as a platform to host and serve web pages and web sites and is not offered for other purposes, such as remote disk space storage. Accordingly, you understand and agree to use the Website Service solely for the purpose of hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology. The Website Service is designed to serve the web hosting needs of small, independently owned and operated businesses in Australia. It is not intended to support the greater web hosting needs of large enterprises or internationally based businesses. The Website Service is also a shared web hosting service, which means a number of customers' web sites are hosted from the same server. To ensure that the Website Service is reliable and available for the greatest number of users, a customer's web site usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of the web hosting is to host web sites, not store data. Using a Total Travel Website primarily as an online storage space for archiving electronic files is prohibited. You further agree that if, at our sole discretion, you are deemed to have violated this section, or if we, in our sole discretion, deem it necessary due to excessive burden or potential adverse impact on our systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, we may suspend or terminate your account without notice to you and with no liability to us.
12. DOMAIN SERVICE: The Website Service includes assisting you in acquiring or moving a domain name (i.e., web address).
With respect to domains, nothing in the Agreement obligates us to list or link to your domain name or provide web site hosting services in connection with your domain name beyond that provided within the Website Service.
13. NEW DOMAIN REGISTRATION: If you register a new domain name in conjunction with the Website Service, this clause 13 also applies:
We have chosen Internet Names Worldwide (a division of Melbourne IT Limited), or "INWW," an ICANN accredited registrar to provide domain name registration services. You are not required to use INWW in connection with your Total Travel Website. If you choose not to use INWW, and you do not have a pre-existing domain name, then you may appoint another ICANN accredited registrar to provide domain name registration services. "Registrar" means the domain name registrar utilized in respect of your Total Travel Service, whether it be INWW or another registrar nominated by you.
You authorize us to acquire your selected domain name from Registrar. In order to receive a domain name, you must agree to the terms and conditions of the Registrar, as amended. If INWW is your Registrar, the terms and conditions located www.melbourneit.com.au/policies/index apply. You understand that you are creating a separate contractual relationship between you and Registrar, and that you, and not us, are responsible for all fees, liability, and obligations in connection with that relationship. Until the Website Service is canceled or otherwise terminated, we will pay on your behalf the domain registration/renewal fees as part of the Website Service. You will pay us an amount equal to all domain registration/renewal fees that we have paid or will pay to Registrar or an agent of Registrar on your behalf, and such fees will be set out in the PO and form part of the Subscription Fee. You agree that your obligations to indemnify under this Agreement include any claim or demand associated with your domain name, any domain name preregistration services provided through the Website Service, or the Registrar.s terms and conditions.
You will be listed as the registrant and administrative contact in connection with your domain name, unless you choose another registrant and administrative contact, in which case such person(s) must enter into an agreement directly with the Registrar and will be bound by this Agreement in addition to you. You hereby authorize us to list ourselves as the billing contact, technical contact, and name server in connection with your domain name and to take any actions we deem appropriate in those capacities. However, upon termination of the Website Service, we may immediately cease acting in those capacities and reserve the right to transfer your account to Registrar for collection of past-due amounts. In the event of such transfer, you authorize Registrar to serve as the billing contact, technical contact, and name server in connection with your domain name, and to take any actions Registrar deems appropriate in those capacities. Upon termination of the Website Service, we will not be responsible for forwarding any notices, emails, or other correspondence to you or taking any other actions in connection with your domain name. You will be solely responsible for all ongoing fees, as well as removing us as the billing, technical contact, and name servers in connection with your domain name, unless we notify you otherwise.
You acknowledge that we cannot guarantee the availability of the domain name you select for your use until we receive confirmation of our order from Registrar, which may take several business days.
14. USING A PREEXISTING DOMAIN NAME: If you have previously registered a domain name with another provider and want to use it with the Website Service, you must request that the existing registrar change the name servers for the domain name as designated by us, on your behalf.
The existing registrar will continue to be the registrar for that domain, and you will continue to be responsible for all ongoing fees for that domain name with your existing provider, including renewal fees. The Subscription Fees in respect of the Website Service do not include registration or renewal fees owed by you to your existing provider.
15. TRANSFERRING TO OUR REGISTRAR OF RECORD: INWW is our current registrar of record. If we switch to another registrar of record, we may at any time request in writing that you transfer the domain name registered for the Website Service to the new registrar of record, but you will not be required to do so.
16. VERIFYING YOUR DOMAIN NAME INFORMATION: In compliance with ICANN regulation and the Registrar.s terms and conditions where applicable, and in order to minimize the risk of fraud, we may at any time request you to verify any information required to be supplied by a registrant. If you fail to respond to any such request to our reasonable satisfaction within 15 days of any such request from us, we may, in our sole discretion, immediately terminate your Website Service and remove any of your materials, including your domain name, from our servers.
17. YOUR DOMAIN REGISTRATION INFORMATION: If you choose to register a domain name using the .private domain registration. feature ("Private Domain Registration") of the Website Service, which will substitute certain information relating to the registration of the domain name (such as the name, postal address, email address, telephone number, and fax number of the administrative contact, but not the organization name) the following terms also apply:
(a) you agree with all of the terms and conditions of the end user agreement between you and the Registrar (and in respect of INWW, the end user agreement is located at the following link: www.melbourneit.com.au/policies/yahoo-gtld.php);
(b) you agree to keep all information provided to us and Registrar complete, true, and accurate at all times;
(c) you understand that your billing and contact information must be complete, true, and accurate at all times;
(d) you will not use or attempt to use the Website Service to avoid any legal obligations, including without limitation any requirements to register yourself or any entity with the appropriate governmental organizations, or to avoid, resist, or make more difficult the service of legal process on you, or any legal entity;
(e) you will respond in a timely manner to any communications from us, Registrar and any communications from a third party forwarded to you by Registrar;
(f) you expressly agree and acknowledge that any cancellation, failure to renew, termination, or deselection of Private Domain Registration features by either you or us will result in publication of the registration information of the associated domain(s) in the public whois database and made publicly available; and
(g) notwithstanding the Private Domain Registration feature of the Website Service, you expressly agree and acknowledge that we and/or Registrar may disclose the contact details regarding the relevant domain name without any liability to you, if we or Registrar consider, in our sole discretion, that disclosure is necessary or desirable to comply with the requirements or directions of any government agency, or registry, any applicable law, regulation or rule, subpoena, court order, or enforcement agency request; or if any third party institutes proceedings against us or Registrar, or threatens to take proceedings against either us or Registrar, directly or indirectly, with respect to the relevant domain name.
18. EXPIRED DOMAINS: Should your Website Service be terminated, and you let your domain registration lapse, your registration will expire and we may, at our discretion, elect to assume the registration for our own account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration, and that any expired domain name may be made available for registration by a third party.