BestPublished.com Terms of Service

KANDOV HOLDINGS PTY LTD (ABN 78 087 495 592)
Operating as BestPublished.com ("We")

Introduction
This is Our Terms of Service ("TOS"). It applies to you if you are Our Member or User ("You"). It is intended to ensure that your use of Our service is trouble free and that you have due regard to the law and the needs of other members and users.

Please read it carefully. It is a condition of your use of our service that you comply with the terms and conditions outlined here.

Please look out for any amendments to the TOS that we might make in the future. From time to time we will make amendments to it without notice to you. You can review the most current version of the TOS at any time at: http://www.bestpublished.com/terms.php.

In this policy we use the following definitions:

"Member" means the person or company which has entered into an agreement with us for supply of Services via this website.

"Publication" means content published by Members using Our publication Services.

"Potentially Prohibited Content" means that content so defined by the Broadcasting Services Act, 1992 (as amended).

"Prohibited Content" means that content so defined by the Broadcasting Services Act, 1992 (as amended).

"Service" means all products and services offered by Us from time to time, which you use;

"Spam" means:

(a) mass-delivered and/or randomly delivered advertising or other material;
(b) sent to groups of recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them;
(c) delivered via email or discussion groups; and
(d) which does not contain an unsubscribe option.

"Users" means users of the Service who are not Members, such as general visitors to the site.

1. Some General Principles
1.1 We are not responsible for the content of Member Publications:

(a) We exercise limited supervision over the content of the information contained in Members' Publications. We rely predominantly on Members and Users to report any violations. Our Members also have the ability and responibility to monitor and suspend other member who they have invited to join.

(b) We do not assume any responsibility for information not sent or expressly authorised by us.

(c) The responsibility for each Member's content that does not conform with this policy and all possible consequences lie with that Member;

(d) We accept no responsibility for the consequences of unauthorised breach of our system security such as hacking or denial of service attacks;

1.2 Your Legal Responsibilities. You can view your legal responsibilities in relation to obligations which may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation at either of the following web sites www.iia.net.au; or www.aba.gov.au (or your country's equivalent) .

1.3 You are responsible for use of your Member account. If you invite others to join as a member, you are responsible for making that person aware of this policy.

2. Acceptable Uses
2.1 You have responsibilities. It is your responsibility for yourself and for others whom you invite to join to:

(a) use our service and services in a manner which does not violate any applicable laws or regulations;

(b) respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;

(d) use the service in a manner which does not interfere with or disrupt other Members, services or equipment; and

(e) refrain from acts that waste resources or prevent other Members or Users from receiving the full benefit of our services.

2.2 Use must be ethical. Your use of our services should be ethical and in accordance with accepted community standards.

3. Unacceptable Uses
3.1 You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws. You should obtain independent legal advice about your potential liability for the consequences of the publication of material on our web site.

3.2 Specific kinds of use are not allowed. It is not acceptable to use our service to do any of the following ("Unacceptable Conduct"):

(a) send Spam;
(b) provide a capability by any means which permits third parties to send Spam from our site;
(c) intentionally omit, forge, delete or misrepresent transmission information including headers, return mailing addresses, internet protocol addresses;
(d) engage in any activity intended to withhold or mask Member's identity from our admin staff;
(e) send electronic chain letters;
(f) distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
(g) send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
(h) send more than 1000 emails a day;
(i) undertake activities which cause or may cause third party service providers to place our internet protocol (IP) addresses on a blacklist and/or block those IP addresses;
(j) undertake any activity which impedes our ability to provide our Services;
(k) make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other members;
(l) violate copyright or other intellectual property rights;
(m) illegally store, use or distribute software in order to transmit threatening, libellous, obscene or offensive materials;
(n) engage in electronic 'stalking' or any other form of harassment such as using abusive or aggressive language;
(o) misrepresent or defame others;
(p) harass or impersonate our staff or other members;
(q) commit fraud, gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the internet;
(r) damage, modify or destroy our files, data, passwords, devices or resources;
(s) engage in misleading or deceptive online marketing practices;
(t) conduct any business or activity or solicit the performance of any activity that is prohibited by law;
(u) make an unauthorised transmission of confidential information or material protected by trade secrets;
(v) place on the internet, obtain through the internet or transmit using the internet, Prohibited Content or Potentially Prohibited Content;
(w) place on the internet, obtain through the internet or transmit using the internet any of the following:
(i) Content which is (or would be) classified RC or X by the Classification Board. Such content includes:
- material containing detailed instruction in crime, violence or drug use;
- child pornography;
- bestiality;
- excessively violent or sexually violent material
- real depictions of actual sexual activity; or
(ii) Content which is classified R and not subject to a restricted access system which complies with criteria determined by the ABA. Content classified R is not considered suitable for minors and includes:
- material containing excessive and/or strong violence or sexual violence;
- material containing implied or simulated sexual activity;
- material which deals with issues or contains depictions which require an adult perspective;
(x) propagate computer worms, viruses and other types of malicious programs;
(y) use the service to interfere or disrupt other network users, services or equipment;
(z) attempt to do any of the things set out in (a) to (y) above.

3.3 Soliciting members or users to other services is not allowed. It is also not acceptable to use our service to solicit members or users to become subscribers of other competitive services.

3.5 Resale of our services is not allowed. Resale of our services to others is strictly forbidden under all circumstances unless expressly approved by Us in writing.

4. Third Party Complaint Process
4.1 We receive from time to time complaints from third parties ("Complaints") regarding Unacceptable Conduct, allegedly being conducted by Members or Users. We will make reasonable endeavours to resolve such complaints by working with Members. The complaint process set out here does not apply to complaints subject of court order or proceedings, or where We reasonably believes that it must take urgent action without reference to the Member.

4.2 Our policy is to put the complaining party in direct contact with the party best able to answer the complaint, such as the Member's "Leader" (Member who invited the Member to join). Therefore, Our Members authorise and direct Us to email them such third party complaints to respective Leaders for action. We also authorise Leaders to take action, such as suspend the Member in question.

4.3 You have a right to complain to the ABA about content. If you become aware that any content our site contains Prohibited Content or Potentially Prohibited Content, we encourage you to contact us about it. You can also make a formal complaint to the Australian Broadcasting Authority by contacting them at: ABA, Head Office, Level 15 Darling Park, 201 Sussex Street, Sydney NSW 2000, or through their web site at URL http://www.aba.gov.au.

5. What we may do to ensure that this policy is being followed
5.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.

5.2 If we monitor the conduct of your account we will safeguard your privacy subject to the terms of our privacy policy.

5.3 We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may:

(a) warn you by email (but we are not obliged to do so);

(b) suspend your access to the service;

(d) notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

5.4 In the event of taking action under 5.2 we reserve the right to delete any or all of your information, material or other content stored on our system in our sole discretion.

5.5 We may in our absolute discretion and without notice to you suspend or terminate your access to the service:

(a) where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Member data is illegal, offensive, objectionable or in breach of a third party's rights; and

(b) if we are directed to do so by the ABA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended).

5.6 You agree that you will have no claim against Us in respect of any action reasonably taken by Us in its implementation of the terms of this TOS, and you indemnify Us against any claim by a Member or User arising out of the same.