Users can register to use the service by providing their details on the monkeyon.com web site.
As part of the sign up process users will be asked to enter an email address and password and users will be responsible for all activities occurring under that email address and password.
You understand and agree that all data, text, images, documents, attachments links and any other content ("Content") that is sent to the Service via the monkeyon web site or any other means is the sole responsibility of the user from which such Content originated. This means that you as the sender of such Content, and not AC, are entirely responsible for all Content that you upload or transmit via any other means ("Post") to the Service. You understand and agree that by using the Service, you may be exposed to Content that is offensive or objectionable. Under no circumstances will AC be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You understand and agree that you must review and decide for yourself, and bear all risks associated with the use and reliance of any Content that is transmitted via the Service.
You acknowledge and agree that AC does not block, screen, control, endorse or deal with in any manner the Content transmitted via the Service and has no obligation to monitor the Content Posted via the Service. If AC discovers Content that breaches the T&C AC may investigate and in its sole discretion decide to remove the Content.
You understand and agree that messages transmitted via the Service are archived on a web page which serves as a record of the message. For this archive to be useful the removal of email messages is not permitted unless the Content is in breach of the T&C.
In addition to the free-service level, AC may offer monkeyon accounts that have features or service levels that require payment ("Paid Accounts"). Payment for Paid Accounts are made in advance and are non-refundable.
You acknowledge and agree that you are responsible for your activities and Content while using the Service and for any consequences arising from such use. You acknowledge and agree to use the Service only to receive, download and Post Content that is lawful and does not:
You acknowledge and agree to use the Service only for lawful purposes and that you will not:
AC owns and retains all rights in the Service which contains proprietary and confidential information that is protected by intellectual property and related laws. "monkeyon", "monkeyon.com" and the monkeyon logos are trademarks of AC.
AC claims no ownership or control over any Posted Content By Posting Content you grant AC a worldwide, non-exclusive, royalty-free licence to reproduce such Content on the Service.
AC provides no warranties (except those required by consumer protection legislation) including but not limited to the reliability, availability merchantability or fitness for purpose regarding the Service. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN RISK. You also agree to indemnify AC from any claim arising from your use of the Service including any liability or cost arising from claims, losses, damages (actual and consequential), suits, judgements, litigation costs and legal fees of any kind.
AC may terminate your use of the Service at any time for any reason. These T&C continues to apply after such termination.
AC may provide you with notices regarding the Service or these T&C by email or postings to the monkeyon.com web site.
This agreement is governed by the laws of the State of Victoria, Australia. The parties agree to submit to the jurisdiction of the courts of the State of Victoria. These T&C constitute the entire agreement between you and AC regarding the Service.
3 October 2006.