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Search Engine Submission Service: Contract & Acceptable Use Policy

This is a contract between you (either an individual or single entity) and Multimedia Australia Pty. Ltd. Australian Company Number 096 830 394 ("Multimedia Australia") for the provision of the search engine submission and optimisation service (the "Service"). By ordering or otherwise using the Service, you agree to be bound by all terms and conditions of this contract.

You agree that you have read and understood the purpose of the Service using the information provided on Multimedia Australia's website.

Authorisation to Submit URL

By ordering or otherwise using the Service, you hereby authorise Multimedia Australia to submit your website's URL, together with applicable information you have supplied as part of the ordering process to various search engines, directories and link pages.

Purpose of the Service

You understand that the purpose of the Service, and Multimedia Australia's only role and responsibility with respect to the Service, is to provide an automated infrastructure which submits your website's URL on your behalf (ie: as if you were submitting your website manually) to pre-designated search engines, directories and link lists (the precise number of which depend upon the category of your website). This is achieved through an automated system which emulates a manual submission from a normal Web browser. You understand that the acceptance of submissions to search engines, directories and link lists is subject to, and to the sole discretion of the owner/operator/reviewer/administrator of each applicable search engine, directory and link list. You agree that you are responsible for all submissions as well as any contract or submission requirement of each search engine, directory and link list.

Disclosure of Personal Information and Preventing Unsolicited Email

IMPORTANT - Please Read Carefully Submissions are processed using an automated system that emulates manual submissions to each search engine, directory and link list. As part of the submission process, many search engines, directories, link lists and other related websites request certain information about you to be supplied as part of the submission, including your email address, name and contact details. Please note that while Multimedia Australia makes every reasonable effort to protect your personal information while it is contained on a Multimedia Australia - operated server or computer, data submitted as part of the Service is sent to third parties that have no relation to Multimedia Australia and are outside Multimedia Australia's control. You must therefore be aware of the privacy implications that may result from the disclosure of your information, and if applicable, provide appropriate contact details at the time of placing your order. On the first page of the ordering form you are also given the opportunity to provide an alternative contact email address (alternatively you can contact Multimedia Australia using the www.SupportBase.NET website within at least 30 minutes of placing your order and/or prior to placing your order to provide us with this address). It is strongly recommended that you specify a temporary email address, set up specifically for the purpose of making your submission which you later close, as the submission process will inevitably result from an increase in spam email sent to the account specified by third parties. Please be aware that the sending of any spam (unsolicited email) is as a result of the submission process to various websites and the sending is outside the control of Multimedia Australia.

Service Infrastructure

You understand that the underlying submission infrastructure of the Service is licensed to Multimedia Australia by a third party. Multimedia Australia is providing the Service, and information related to the Service, in good faith and to the best of its knowledge. You understand that Multimedia Australia in no way endorses the websites to which submissions are made.

Number of Submissions Processed

To the best of Multimedia Australia's knowledge, the Service is capable of submitting URLs to over 1000 search engines and directories and up to 500,000 link pages. Please be aware that these numbers are cumulative values and because each search engine, directory and link page may cater to different topics/areas of interests, the actual number of submissions sent for your website will vary depending on its category/target market.

Technical Limitations

Whilst every reasonable effort is made to ensure submissions are processed to all applicable online sources applicable to your website's category and available as part of the Service, Multimedia Australia shall not be responsible for any failed submissions that may result from any search engine, directory or link page being unavailable, timing-out, not accepting submissions or otherwise being unresponsive at the time of processing submissions. Whilst all reasonable care is taken, Multimedia Australia shall not be liable for any delays arising for the provision of the Service as the result of a virus attack, hacking, computer failure, power failure, war, fire, flooding, or other technical issue or act of nature which is outside the control of Multimedia Australia.

Choice of Keywords and Categories

You agree that Multimedia Australia, at its sole discretion, may select, alter, or remove the keywords and categories used for the submission process in order to ensure that submission data sent is relevant and applicable to your website being submitted, and complies with Internet etiquette.

Declined Submissions

Multimedia Australia may decline to process a submission for any reason including but not limited to if the website for which a submission request is made is deemed illegal and/or inappropriate. Multimedia Australia shall not be required to give an explanation as to a decision not to process a submission. If a submission is declined, every reasonable effort will be made to refund your order using the same payment method used when placing the order. To protect the interests of Multimedia Australia, its customers, staff, and the general public, Multimedia Australia may notify law enforcement agencies of any website which appears illegal.

Re-Selling of the Service

The Service shall not be directly re-sold to a third party without prior written permission from Multimedia Australia. If you are ordering the Service on behalf of a third party (including but not limited to a client if you are a Web design business), Multimedia Australia's sole responsibility as to the provision of the Service and any liability aspects regarding the Service remain between you (as the customer placing the order) and Multimedia Australia, and shall not extend to any third party. You must at all times defend and hold harmless Multimedia Australia, its staff, contractors, affiliates and third parties, and paid for any legal expenses that may be incurred.

Validity of Contract

If any section of this contract shall be deemed to be illegal, invalid or not applicable by a court, the remainder of the contract shall remain intact and valid.

Choice of Law and Choice of Forum

This contract shall be governed and interpreted under the laws of the State of Queensland, Australia. Any dispute or claim arising out of this contract, use of the EVALUATION SOFTWARE and/or any other related legal issue shall be heard and settled in a court in the city of Brisbane in the state of Queensland, Australia.

Limitation of Liability

To the maximum extent permitted by applicable law, Multimedia Australia and/or its suppliers shall in no event be liable to you or any other party for any damages whatsoever (including but not limited to, damages for loss of business or profits, interruption to business, loss of information, or for any other indirect or consequential loss) arising out of the use of, provision of, inability to use or inability to supply the Service or any support or after-sales service(s), even if Multimedia Australia was advised of the possibility of such problems. In any extent, Multimedia Australia's total liability is limited to the amount actually paid by you for the Service or $5.00 Australian dollars.

You agree that Multimedia Australia shall not be held liable for any cause, effect or action resulting from submitting your website to one or more or all search engines, directories and link lists through the service. This shall include any additional traffic, loss of traffic, or any form of action resulting from the additional exposure your website may or may not receive, or any overload that may result on your website's server form any additional traffic it may receive.

Limited Warranty and Disclaimer

Multimedia Australia warrants that it will at all times act in good faith in the provision of the Service, and to the best of its knowledge. Multimedia Australia also warrants that the Service will perform substantially in accordance with the description of the service provided at http://www.mmau.com/services/seo/ for a ninety (90) day period (or as defined by applicable law) following your order and/or the processing of your submission. To make a warranty claim, you must contact Multimedia Australia and if requested show a copy of your sales receipt within the ninety (90) day/statutory period after having made your purchase. If the Service does not perform substantially in accordance with the stated information on the http://www.mmau.com/services/seo/ portion of Multimedia Australia's website, the entire and exclusive liability and remedy shall be limited to either, Multimedia Australia's discretion, (a) resubmitting your website using the Service one more time free of charge; or (b) a refund the money you paid Multimedia Australia to use the service.

The entire risk as to the quality and performance of the Service is with you. Multimedia Australia does not warrant that the capabilities of the Service will meet your requirements or that the operation of the Service will be successful for all websites submitted to. You are expected to have read and understood the information provided on the http://www.mmau.com/services/seo/ portion of Multimedia Australia's website prior to making your purchase to ensure the Service meets your needs and requirements. The Service is provided on an "as is" basis. No oral or written information or advice provided by Multimedia Australia (Multimedia Australia Pty. Ltd.), its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this limited warranty.

Search engine optimisation report

The search engine optimisation report you receive provides an overview of search engine optimisation strategies you can use for your site based on a reviewer's assessment. Implementing the suggestions contained in the report is at your discretion and your responsibility. Your site is assessed, and the report developed, based on accepted industry knowledge. However, given the nature of search engines, Multimedia Australia can not guarantee that implementing the suggestions will necessarily improve your site's rank in search engines. Multimedia Australia shall in no way be responsible for implementing the suggestions on your site.

Acceptable Use Policy

The use of Multimedia Australia's search engine submission service is governed by this Acceptable Use Policy. This policy helps ensure all customers receive fair and equal access to the benefits provided by the service, and that Multimedia Australia's service complies with online Internet etiquette.

1. You may not order multiple submissions for the same website without a significant changes having been made to the site. In any case, any re-submissions shall be at least four (4) weeks apart.
2. All URLs submitted shall point to a stand-alone website/webpage, and shall not directly forward to or be redirected to a website which has already been submitted.
3. You understand that technical support services and after-sales customer care services are provided for the benefit of all Multimedia Australia customers. Multimedia Australia may refuse to provide technical support services to any customer if the number of support requests, or types of requests are deemed excessive or inappropriate, the interpretation of which is to the discretion of Multimedia Australia.