The website is provided by Don Malcolm. All the content under this
and other domains controlled by Don Malcolm, and services to you, are
subject to the following conditions. These terms are in addition to
any other terms governing access to the Website. By visiting (in any
manner) the Website, you accept these terms and conditions (the
"Terms of Service"). Please read them carefully. Any
Non-Human Visitors to the Website shall be considered agents of the
individual(s) who controls, authors or otherwise makes use of them.
The access rights granted to you under the Terms of Service are
non-transferable without the express written permission of the owner
of the Website. "Website" includes, but is not limited to,
all content under this domain (including subdomains) and the domains
(including subdomains) donm.net, donmalcolm.com, dm22.netfirms.com
and any other domain or subdomain owned or operated by Don Malcolm.
SECTION 1: COPYRIGHTS
All content included on the Website, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data
compilations, and software, as well as the compilation of that
content into one, coherent website, is the property of Don Malcolm
and protected by Australian and international copyright laws.
Reproduction of the content of the Website without the written
permission of Don Malcolm is prohibited.
SECTION 2: TRADEMARKS AND SERVICEMARKS
Graphics, logos, page headers, button icons, scripts, and service
names, with the exclusion of banner advertisements provided by
Netfirms.com are trademarks, certification marks, service marks, or
other trade dress of Don Malcolm or his representatives. Don
Malcolm's trademarks, certification marks, service marks, and trade
dress have inherent meaning and substantial value because of their
restricted use. They may not be used in connection with any product
or service that is not Don Malcolm's, in any manner without Don
Malcolm's permission. All other trademarks not owned by Don Malcolm
or its subsidiaries that appear on the Website are the property of
their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Don Malcolm or his representatives.
SECTION 3: LICENCE TO ACCESS WEBSITE AND SERVICES
In consideration for accessing the Website, Don Malcolm grants you
a limited license to access and make personal use of the Website.
This license prohibits your downloading (other than page caching) or
modifying any portion of it, except with express, written consent of
Don Malcolm. This license does not allow resale of Don Malcolm's
services. You may not frame or utilise framing techniques to enclose
any trademark, logo, or other proprietary information (including
images, text, page layout, or form) without express written consent
of Don Malcolm. You may not use any meta tags or any other "hidden
text" utilising Don Malcolm's name or trademarks without the
express written consent of Don Malcolm. Any unauthorised use
automatically terminates the permission or license granted by Don
Malcolm and may incur legal liabilities for any damages.
You are granted a limited, revocable, and non-exclusive right to
create a hyperlink to any non-password protect directories, so long
as the link does not portray Don Malcolm, his affiliated websites, or
his services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any of Don Malcolm's proprietary
graphics or trademarks as part of the link without express written
permission.
SECTION 4: SPECIAL LICENCE RESTRICTIONS FOR NON-HUMAN VISITORS
Special restrictions on a visitor's license to access the Website
apply to Non-Human Visitors. Non-Human Visitors include, but are not
limited to, web spiders, bots, indexers, robots, crawlers,
harvesters, or any other computer programs designed to access, read,
compile or gather content from the Website automatically. Non-Human
Visitors are restricted from taxing the resources of the Website
beyond what would be typical of a human visitor.
Furthermore, as specified by the "no-email-collection",
"robots" flags in the header pages within the Website
and/or the contents of the robots.txt file, email addresses on this
site are considered proprietary intellectual property of the author
of the Website. It is recognised that these email addresses are
provided for human visitors alone, and have value in part because
they are accessible only to said human visitors. By continuing to
access the Website, You acknowledge and agree that each email address
the Website contains has a value not less than US $50 derived from
their relative secrecy. You further agree that the compilation,
storage, and potential distribution of these addresses by Non-Human
Visitors substantially diminish the value of these addresses.
Intentional collection, harvesting, gathering, and/or storing this
Website's email addresses is recognised as a violation of this
agreement and expressly prohibited.
Any Non-Human Visitors to the Website shall be considered agents
of the individual(s) who control or author them. These individuals
shall ultimately be responsible for the behaviour of their Non-Human
Visitor agents and are liable for violations of the Terms of Service.
SECTION 5: LICENCE RESTRICTIONS FOR EMAIL ADDRESS USE
Restrictions apply to all unsolicited email sent to any address
operated by Don Malcolm.
It is considered that it is incumbent upon anyone sending an email
that their From address is a valid active email address that is
capable of receiving email, and that their Inbox, Servers, Software,
and Hardware, be maintained in fully functional condition. Therefore
it is considered that an autoresponder or mail server response is
sufficient notification, and that under the terms of this licence
agreement, such automated response sent from my server be deemed to
have been received and read by a human being who is the sender or a
legally responsible representative of the sender. It is further
deemed that any automated message sent by any mail server in no way
diminishes or negates anything in this licence agreement.
Non receipt of my notification does not excuse the person
responsible for sending an unsolicited email to me. Ignorance is no
excuse under the law. Under the terms of this licence, it is deemed
that the sender be contactable via the Reply-to or From address. It
is further deemed that the person responsible for sending an email to
me, having been deemed to have received a notification from me,
understands and agrees to be bound by the provisions of this licence
agreement.
All email addresses operated by Don Malcolm are considered
proprietary intellectual property of Don Malcolm. Don Malcolm will
solicit certain types of correspondence via email from certain
parties. All other email is unsolicited. It is recognised that these
email addresses are provided for solicited email alone, and that they
have value for the purpose of receiving solicited email. You
acknowledge and agree that each email address operated by Don Malcolm
has a value not less than US $50 derived in part from their relative
secrecy. You further agree that the compilation, storage, and
potential distribution of these addresses by entities for the purpose
of transmission of unsolicited email substantially diminish the value
of these addresses. Intentional collection, harvesting, gathering,
and/or storing of any email addresses operated by Don Malcolm is
recognised as a violation of this agreement and is expressly
prohibited. Furthermore the receipt (including purchase) of an email
address operated by Don Malcolm that does not include the consent of
Don Malcolm to receive correspondence, is recognised as a violation
of this agreement and in addition it is expressly prohibited to copy,
record, use, or otherwise maintain record of such address.
SECTION 6: RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An
email address may appear on our pages (the "Identifier") if
we suspect potential abuse. The Identifier is uniquely matched to
your Internet Protocol address. Visitors agree not to use this
address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING
TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER
CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF
SERVICE.
SECTION 7: ACCOUNTS AND PASSWORDS
If you are issued an account, you are responsible for maintaining
the confidentiality of your account and password, and you agree to
accept responsibility for all activities that occur under your
account or password. Don Malcolm reserves the right to, under his
sole discretion, refuse service, terminate accounts, and remove or
edit entries on any of his websites or services.
SECTION 8: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY DON MALCOLM ON AN "AS IS" AND
"AS AVAILABLE" BASIS. DON MALCOLM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE WEBSITE, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DON MALCOLM DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. DON MALCOLM MAKES REASONABLE EFFORTS, BUT DOES
NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM ANY OF
ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DON
MALCOLM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SECTION 9: APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by
such party against the other in connection with or arising from the
Terms of Service ("Judicial Action") shall be governed by
the law of the state of residence of the registered Administrative
Contact for the domain "donmalcolm.com" (the "Admin
State"), as such laws are applied to agreements between Admin
State residents entered into and performed entirely within the Admin
State. You consent to the jurisdiction of federal and state courts
within the Admin State. You consent to the venue in any action
brought against him in connection with breaches of these Terms of
Service. You consent to electronic service of process regarding
actions under the above agreement.
SECTION 10: INTERPRETATTION OF LICENCE
Where any provision appears to diminish or contradict any other
provision, it is deemed that the provisions of this licence be
interpreted in the favour of Don Malcolm. It is further deemed that
where uncertainty or ambiguity exist, the intent of the provisions of
this licence be adhered to, as defined by Don Malcolm. It is deemed
that by sending an email, or accessing a web site, that you agree
fully and understand fully the provisions of this licence, and that
by continuing to send emails to Don Malcolm or accessing a web site
owned or operated by Don Malcolm that you agree to abide by the terms
of this licence.
