Terms & Conditions

1. Overview
1.1 The www.mysitemarket.com website (this website) is owned by Geekdom Pty Limited (Geekdom, we, us). This agreement describes the terms and conditions that govern the use of the services on this website by the nominated registered user that completes the registration process (whether through this website or an approved third party) (you).

1.2 Before you become a user of our services, you must read, agree with and accept all of the terms and conditions contained in this agreement and our policies, including our Privacy Policy (Policies). You agree that the Policies, which may change from time to time, form part of this agreement. These terms, conditions and Policies are referred to collectively as Website Terms. By accepting this agreement you agree to be bound by all the Website Terms.

1.3 We may, at our sole discretion, vary or modify the Website Terms from time to time. The amended Website Terms will be posted on this website and a notice advising of the change will be posted on our forum board. Any subsequent access to, or use by you, of this website will constitute an acceptance of these Website Terms as they appear at that time.

1.4 Except as specifically permitted under the terms of this agreement, these Website Terms cannot be amended except in writing signed by you and us.

1.5 In this agreement, a reference to "you" includes a reference to anyone acting on your behalf or with your express or implied authority.

2. The services
2.1 This website provides access to a number of different services. The services that may be accessed depend on the level at which a registered user chooses to subscribe. The subscriber levels are:

Subscriber Level 1:
Subscriber Level 1 provides you with access to:
(a) any public forums on this website;
(b) any blogs on this website; and
(c) the online auction facility.

Subscriber Level 2:
Subscriber Level 2 provides you with access to:
(a) all of the services available under Subscriber Level 1;
(b) the education materials on this website and the right to download any such materials; and
(c) private forums on this website,
and is subject to the payment of an annual fee as stipulated in the payment section of this website.

Subscriber Level 3:
Subscriber Level 3 provides you with access to:
(a) all of the services available under Subscriber Level 1 and Subscriber Level 2;
(b) software providing you with a template to assist you in building up to 3 websites;
(c) links to third party domain name providers; and
(d) advertising feeds generated by us and the right to earn revenue from those feeds,
and is subject to the payment of a one-off fee as stipulated in the payment section of this website in addition to the annual fee under Subscriber Level 2.

Subscriber Level 4:
Subscriber Level 4 provides you with access to:
(a) all of the services available under Subscriber Levels 1, 2 and 3; and
(b) software providing you with the ability to automate search engine marketing in respect of your websites,
and is subject to the payment of a one-off fee as stipulated in the payment section of this website in addition to the fees payable under Subscriber Level 2 and Subscriber Level 3.

2.2 We may change our services and suspend, terminate or restrict your subscription at any time if we believe that this is reasonably justified within the Website Terms. Our services are only available to individuals (that is, natural persons) and entities who are capable of forming legally binding contracts under applicable law. Your membership is not transferable, unless otherwise agreed by us.

3. Subscriber Level 1- Public forums and blogs

3.1 As a registered user, you may access, create, establish or contribute to any public forums or blogs on this website.

3.2 We retain the discretion whether to publish, edit, delete, block, reject, take down or remove any part or all of any content you post to any public forums or blogs on this website (Content).

3.3 You retain all intellectual property rights in your Content. You grant us an irrevocable, royalty free, perpetual, worldwide licence to use, modify, transmit, communicate to the public, reproduce and sublicence your Content in any form, including on this website and in any print or electronic publication.

3.4 You grant us consent to do or omit to do any and all acts in relation to your Content that would otherwise infringe any past, existing or future moral rights in the Content. You waive any rights you may have to take action against us in relation to any act or omission which would otherwise infringe any past, existing or future moral rights in your Content.

3.5 You warrant that the Content is your original work and you own all rights in relation to the Content. You indemnify us against any action, claim or proceedings alleging that the Content infringes the rights of any person, and any cost, charge, expense, payment, loss, damage or liability suffered or incurred by us in connection with the foregoing.

3.6 To the extent permitted by law, we will be under no liability to you in respect of any loss or damage which you may suffer or incur or which may arise directly or indirectly in connection with your supply of Content to our public forums and blogs, or the subsequent use of your Content by us or any third parties.

4. Subscriber Level 1- Online auction facility
4.1 Our online auction facility allows you to:
(a) advertise for sale websites and domain names owned by you;
(b) where a purchaser makes a bid that is accepted by you, to sell websites and domain names owned by you;
(c) make bids on websites and domain names advertised for sale by a vendor; and
(d) where a bid is accepted, purchase websites and domain names advertised for sale by a vendor.

4.2 In relation to websites and domain names offered for sale through the online auction facility, you warrant that:
(a) you have full, complete and unencumbered title to the website and domain name;
(b) the information you provide on the online auction facility is true, complete and accurate; and
(c) the sale of the website and domain name does not infringe any third party rights and is not unlawful in any way.

4.3 If you are the vendor of a website and domain name you must not directly or indirectly place bids for that website or domain name on the online auction facility or manipulate the bidding in any other way.

4.4 Any bid that you make via the online auction facility will:
(a) constitute a conditional offer to buy the website and domain name advertised by the vendor for the price, subject to agreeing the terms and conditions of sale;
(b) remain open for the period of time specified on the online auction facility; and
(c) be subject to these Website Terms and any terms and conditions of sale of the vendor.

4.5 If you are a vendor and receive at least one bid at or above your stated minimum price, or the reserve in the case of a reserve auction, you must:
(a) contact the highest bidder directly to confirm that it has placed the winning bid;
(b) provide the highest bidder with your terms and conditions of sale; and
(c) promptly complete the transaction with that purchaser, unless the purchaser fails to agree to your terms and conditions of sale or you cannot verify the purchaser\'s identity.

4.6 If you are a purchaser and you receive notice from the vendor that you are the winning bid, you must, if you agree to the vendor\'s terms and conditions of sale, promptly complete the transaction with the vendor.

4.7 It is important to recognise that Geekdom is not involved in the actual transaction between any vendor and purchaser and our role is merely to provide the online auction facility through which registered users can participate in an online auction. You acknowledge that we:
(a) have no control over the quality, quantity or description of any websites or domain names offered for sale;
(b) are not the owners of any websites or domain names offered for sale;
(c) do not screen, monitor or assess the description, quality or legality of any websites or domain names offered for sale; and
(d) are not responsible for ensuring that a vendor and purchaser complete a transaction.
4.8 We are not an employee, agent, partner, joint venturer or contractor of any vendor or purchaser of any websites and domain names. We are not a direct or indirect party to any contract of sale entered into between a vendor and purchaser. We are not an auctioneer.

4.9 To the extent permitted by law, we do not provide any warranties or accept any liability in connection with the advertising, sale or purchase of any websites and domain names that appear on the online auction facility. Among other things:
(a) it is the responsibility of the purchaser to satisfy itself that the vendor of an advertised website and domain name has full, complete and unencumbered title to the website and domain name;
(b) it is the responsibility of the vendor to satisfy itself that the purchaser has the requisite power, authority, legal and financial capacity to purchase the advertised website and domain name; and
(c) it is the responsibility of both the vendor and purchaser to complete the sale and purchase of the advertised website and domain name following the submission by the purchaser of a winning bid.

4.10 We have the right in our discretion to cancel or stop an online auction at any time. This may occur, for example, where we suspend a vendor\'s access to the online auction facility in circumstances where we suspect the vendor is in breach of these Website Terms.

4.11 Any disputes between a vendor and purchaser in relation to the sale or purchase of any websites and domain names must be resolved by the parties concerned. You release us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to such disputes.

5. Subscriber Level 1- Fees and charges
5.1 There is no licence fee to access the public forums and blogs provided as part of the Subscriber Level 1 services.

5.2 Vendors that advertise a website and domain name for sale using our online auction facility will be charged a one-off advertising fee as stipulated in the payment section of this website.

6. Subscriber Level 2- Downloading articles and private forums
6.1 As a subscriber to Subscriber Level 2, you are granted an annual non-exclusive non-transferable licence to use the materials and services for Subscriber Level 2 in accordance with these terms and conditions.

6.2 You may download any materials or articles provided under Subscriber Level 2 for your own use during the term of this licence.

6.3 As a subscriber to Subscriber Level 2, you are entitled to access and contribute to the private forums on this website.

6.4 The private forums allow you to access information and materials, which are posted by third parties, as well as to post your own information and queries.

6.5 You agree to keep confidential, all information to which you have access, which is posted on the private forums by any user of the private forums.

6.6 The information provided in the private forums is solely for the use of subscribers to Subscriber Levels 2, 3 and 4 of this website and us.

6.7 You must not reproduce or disseminate any information downloaded or accessed by you in any private forum.

6.8 We will use reasonable endeavours to ensure the confidentiality of information posted on the private forums. However, we do not warrant that any information posted by third parties on a private forum will remain confidential.

6.9 All of the terms and conditions which apply to the use of the public forum also apply to your use of the private forums. Notwithstanding anything else in these Website Terms, information posted in a private forum will not be disseminated by us outside of that private forum and the licence in paragraph 3.3 will not apply to your Content posted in a private forum.

7. Subscriber Level 2- Fees and charges
7.1 You will pay an annual fee as stipulated in the payment section of this website] for the Subscriber Level 2 services.

7.2 This fee is payable immediately on acceptance of the Subscriber Level 2 terms by you and then annually, on the anniversary of your initial payment. You will be notified by us in advance of the due date for payment of the annual fee.

7.3 You will not have access to any of the Subscriber Level 2 services until payment of the annual fee is accepted by us.

7.4 If you do not renew the fee for Subscriber Level 2 services on an annual basis within the timeframe set out above, then your licence to the Subscriber Level 2 services will be immediately revoked without any further notice to you.

8. Subscriber Level 3- Website builder
8.1 As a subscriber to Subscriber Level 3, you are granted a non-exclusive non-transferable licence to use our software (Website Builder) to assist you in building your website.

8.2 Your licence to use the Website Builder allows you to build a certain number of websites. The number of websites you may build will be agreed at the time of your subscribe. Your licence to use the Website Builder will come to an end, without further notice to you, when you are no longer the owner of the domain names of the websites.

8.3 All intellectual property in the Website Builder remains vested in us at all times.

8.4 You will only use the Website Builder for the purpose of building your websites. You must not use the Website Builder for any other purpose nor attempt directly or indirectly to reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or other trade secrets from the Website Builder.

8.5 In the event that you require the use of the Website Builder to build additional websites this will require a further licence from us.

9. Subscriber Level 3- Domain names
9.1 In order to build your website, you must supply your own domain name. Domain names may be purchased via the relevant links provided on this website. You will be subject to the terms and conditions of such third party domain name providers.

9.2 We are not liable in any way in connection with your domain names. You indemnify us in respect of all actions, claims, suits, demands, liabilities, costs and expenses which may arise in connection with your purchase or use of any domain names.

10. Subscriber Level 3- Advertising feeds
10.1 As a subscriber to Subscriber Level 3, you will have access to advertising feeds provided for your websites built using the Website Builder for the duration of your licence. If you do not wish to use this service, please contact us to opt out. Access to advertising feeds will be subject to an approval process dictated by Geekdom. The approval process involves staff of Geekdom vetting your websites to ensure whether the content on your websites is appropriate for the display of advertising feeds.

10.2 The advertising feeds (Feeds) provided by us allows your website to display advertisements for third parties.

10.3 Each time a user of your website clicks on an advertisement on your website you will receive an amount as stipulated in the payment section of this website less any applicable bank or other charges. We disclose that we will also receive a commission based on traffic to an advertisement on your website.

10.4 The Feeds will be selected based on our understanding of what is likely to appeal to users of your website, including advertisements for products which are related to the content of your website. We will take down any Feeds that you notify us are inappropriate.

10.5 We will provide advice to you in respect of where to place advertisements on your website in order for you to maximise your revenue from the Feeds.

10.6 We will provide access to an online report outlining the results of the Feeds (including a breakdown of all revenue earned by you from the Feeds). The online report will show data calculated daily in arrears.

10.7 You will be paid any revenue for the advertisements fed to your website for each month no later than 45 days after each month end. Such revenue will be deposited into your nominated bank account.

10.8 We do not guarantee the level of clicks to the advertisements fed to your website, nor do we guarantee any revenue in respect of Feeds placed on your website.

10.9 We are not liable for the content of any links to third party websites provided in the advertisements fed to your website.

10.10 In the event that you opt out of the Feeds service at a later stage:
(a) we will require 15 days\' notice of your intention to terminate the Feeds;
(b) at the end of the 15 day period, we will discontinue the Feeds without any further notice to you;
(c) we will provide you with a final report of revenue from your Feeds within 7 days of the end of month in which the Feeds were terminated; and
(d) you will be paid for the relevant month or part of a month within 45 days of the end of the month in which the Feeds were terminated.

11. Subscriber Level 3- Fees and charges

11.1 You will pay a one-off fee as stipulated in the payment section of this website for the Subscriber Level 3 services.

11.2 This fee is payable immediately on acceptance of the Subscriber Level 3 terms by you.

11.3 You will not have access to any of the Subscriber Level 3 services until payment of the Subscriber Level 3 fee is accepted by us.

11.4 The Subscriber Level 3 fee is in addition to the annual fee for Subscriber Level 2 services.

12. Subscriber Level 4- Auto trader tool
12.1 As a subscriber to Subscriber Level 4, you will be granted a perpetual non-exclusive non-transferable licence to use our \"Auto-Trader\" tool (Auto-Trader) to automate search engine marketing from your websites developed using the Website Builder. Information about Auto-Trader is available from this website.

12.2 You agree that your permitted use of Auto-Trader is subject to the following conditions:
(a) All intellectual property in Auto-Trader remains vested in us at all times.
(b) You may only use Auto-Trader to automate search engine marketing from your websites developed using the Website Builder.
(c) You must not permit Auto-Trader to be used for any other purpose nor attempt directly or indirectly to reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or other trade secrets from Auto-Trader.
(d) We do not guarantee the effectiveness of Auto-Trader in increasing traffic to your websites.
(e) If you sell your website, you may also transfer your licence to use Auto-Trader to the purchaser.

13. Subscriber Level 4- Fees and charges
13.1 You will pay a one-off fee as stipulated in the payment section of this website for the Subscriber Level 4 services.

13.2 The one-off fee for Subscriber Level 4 services is payable immediately on acceptance of the Subscriber Level 4 terms by you.

13.3 You will not have access to any of the Subscriber Level 4 services until payment of the Subscriber Level 4 fee is accepted by us.

13.4 The Subscriber Level 4 fees are in addition to the fees for Subscriber Level 2 and Subscriber Level 3 services.

13.5 We will provide access to an online report outlining the relevant traffic for each of your websites using Auto-Trader together with an invoice for the fees due. The online report will show data calculated daily in arrears.

General terms and conditions
The following general terms and conditions apply to all Subscriber Level 1, 2, 3 and 4 users and services.
14. Your account
14.1 You must be a registered user before you can use any of the services provided through this website. You must be an individual who or an entity which can form a legally binding contract under applicable law to register as a user of this website. Without limiting the foregoing, the services are not available to persons under 18 years of age. To register as a user of this website, please click here. We reserve the right to refuse to register a user of this website for any reason.

14.2 You warrant that if you are signing or accepting these Website Terms on behalf of an entity that you are authorised to sign or accept these Website Terms on behalf of that entity.

14.3 All accounts must be registered with a valid personal email address. Accounts registered with someone else\'s email address, or with temporary email addresses, may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

14.4 If you fail to abide by these Website Terms, we may immediately without notice or liability to you suspend or terminate your account, registration or access to any or all services available on this website. If we suspend or terminate your account, registration or access, you must not set up any further accounts, re-register or otherwise use or access this website.

15. Your obligations
15.1 You must not:
(a) use this website for any activities which breach any laws or regulations or infringe any third party rights;
(b) use this website to send any spam or unsolicited electronic mail messages to anyone;
(c) use this website for fraud or any misleading or deceptive conduct;
(d) use the personal information of another person in order to access or use this website;
(e) tamper with, hinder the operation of or make unauthorised modifications to this website; or
(f) transmit any bug, virus or other disabling feature to or through this website.

15.2 You must not post any content or information on any public or private forums or blogs on this website which is or is likely to be:
(a) abusive, obscene, offensive, pornographic or indecent;
(b) defamatory of any person;
(c) in breach of the intellectual property rights or moral rights of any person;
(d) in breach of any obligations of privacy or confidence;
(e) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;
(f) in breach of any laws; or
(g) false, misleading or deceptive.

15.3 You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of this website.

16. Information and content

16.1 The content and format of this website may be changed by us at any time, without notice, in our absolute discretion.

16.2 This website includes information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.

16.3 This website includes information and content developed by us (Our Information). You acknowledge and agree that:
(a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;
(b) while we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible due to the fast moving nature of internet technology; and
(c) Our Information may include certain errors, omissions or outdated information from time to time.

16.4 You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.

16.5 Information posted on a forum by users of this website has not been independently verified by us. We are not liable for any incorrect, misleading, deceptive, defamatory, obscene, offensive or pornographic material which is posted on any forum, nor are we liable for any material posted on any forum which is a breach of any intellectual property rights, moral rights or privacy rights of any party or of any law.

16.6 We may from time to time moderate the information appearing on our forums and blogs. However, to report undesirable posts or to bring to our attention users who may not be following these Website Terms, please email admin@mysitemarket.com. Please do not post your grievances on this website.

17. Security, viruses and linking
17.1 We do not guarantee the security of this website. We do not warrant that access to this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.

17.2 Should you leave this site via a third party link, you acknowledge that:
(a) you do so at your own risk;
(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
(c) the link does not represent any endorsement by us of the products or services offered on the linked site.

18. Intellectual property
18.1 Except for your Content provided to any forums or blogs on this website, all intellectual property rights in this website, including any information, software and tools accessed via this website, will remain vested in us.

18.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public this website, or any information, software and tools accessed via this website.

19. Confidentiality and privacy
19.1 Any communication or material sent by you to this website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988.

19.2 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from users of this website.

20. Fees and charges
20.1 Unless otherwise specified in these Website Terms, any fees and charges payable to us must be paid within 14 days of our invoice, without deduction or set off by you. We will issue invoices to you electronically.

20.2 All amounts payable to us are exclusive of any goods and services tax (GST) which shall be paid in addition to any amount specified as payable.

20.3 We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Website Terms.

21. Our liability
21.1 Subject to any condition, warranty or right implied by the Trade Practices Act 1974 or any other law which cannot by law be excluded by agreement:
(a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Website Terms; and
(b) all implied conditions, warranties and rights are excluded.

21.2 Without limiting paragraph 21.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by this website.

21.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.

21.4 Subject to paragraphs 21.1 and 21.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(a) indirect or consequential loss or damage; or
(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature,
suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.

21.5 Subject to this paragraph 21, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Website Terms will not exceed the total amount paid by you to us for use of the services on this website.

22. Miscellaneous
22.1 These Website Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Website Terms.

22.2 If any part of these Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

22.3 Any failure or delay by us to exercise or enforce these Website Terms does not waive our rights to enforce these Website Terms.

22.4 These Website Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New Sout Wales, Australia.

22.5 If you have any questions or feedback about this website or these Website Terms, please contact admin@mysitemarket.com.

© Geekdom Pty Limited 2008. All rights reserved.