Terms and Conditions

These are the terms and conditions upon which ARTHIVES will supply the ARTHIVES service to you. It is important that you take
the time to read and understand these terms. By entering the site, you agree to be bound by these terms.

1 About the ARTHIVES Service and these terms
1.1 ARTHIVES provides an online web site creation and deployment program (the "Service") that allows artists to promote their
art practice and/or products to an on-line audience through the creation of artist web sites. You can use the Service to create a
web site for your art practice ("Your Web Site").
1.2 The Service is provided through a web site operated by ARTHIVES under the domain name "www.artHIVES.com and
www.artHIVES-DOMAINS.com and www.visualARTIST.info" ("Web site"). The use of the information, graphics and materials on all
ARTHIVES Web sites is governed by the Web site Terms of Use ("ARTHIVES Web site Terms") and the privacy statement
("Privacy and Security Statement"). Where there is an inconsistency between the ARTHIVES Web site Terms of the Privacy and
Security Statement and these terms and conditions take precedence to the extent of that inconsistency.
1.3 The definition of "our Content" in these ARTHIVES Terms includes any content or part thereof which is made available on or
through (for example, via links) your web site.
1.4 Where in this Agreement there is a reference to an act by you, that reference includes any relevant acts of your business or
company, your agents, employees or subcontractors, and includes acts done with your permission or authorisation.
1.5 ARTHIVES grants you a non-exclusive, limited right to access, use the content and services offered by ARTHIVES for your
personal entertainment, information and communication, provided that you comply fully with the Terms of Use as posted at the time of use.
1.6 If you "Bookmark" to a page on this Site whereby this Terms of Use Agreement is by-passed, such action will constitute implicit
acceptance of the terms and conditions contained in this Agreement.
1.7 By accessing or using this Site, you expressly agree that you will not interfere or attempt to interfere with the content or operation
of the Site through any means, device or technology including, but not limited to, spamming, hacking, uploading time bombs, viruses,
chain mail or other like means prohibited by any clause of the ARTHIVES Web site Terms
2 Terms
2.1 The ARTHIVES Terms govern the relationship between you and ARTHIVES PTY LTD ("ARTHIVES") for use of the Service.
2.2 By selecting the "Accept" button at the end of these Terms, you agree to be bound by the ARTHIVES Terms (the "Agreement")
as amended from time to time in accordance with clause 20. If you choose not to accept the ARTHIVES Terms, the Service will
not be available to you.
3 Registering for the Service and changing your Service level
3.1 To register for the Service, you must complete the registration form and provide the details requested on that form to ARTHIVES.
3.2 Once you have submitted the duly completed registration form, you will become registered to use one of the following options
which you selected from the Packages Page ("Your Option"):
(a) ARTHIVES "Build your own Website"
The ARTHIVES "Build your own Website" package provides you with the ability to develop and publish Your Web site to the Internet
using browser-based tools.
(b) ARTHIVES "Free Listing"
The ARTHIVES Free Listing allows you to register an existing visual artist's website so that it is searchable through "artsearch" the
ARTHIVES search engine located at visualartist.info
3.3 We will confirm via email when we receive your registration form. You will then be given access to the Service, including the
Software (as defined in clause 5.1).
4 Security and passwords for registered users and Access
4.1 A password will be automatically generated ("Your Web site Password") to enable you to use the Service. You acknowledge that you:
(a) can change your password any time you choose;
(b) must not send or disclose Your Web site Password to any other person;
(c) must not keep Your Web site Password in any form, whether encoded or unencoded, in a location where it is capable of being
copied or used by any person other than you;
(d) are solely responsible for any loss caused by use of Your Web site Password by you or any other person; and
(e) are responsible for any transactions performed using Your Web site Password, including any use not approved or contemplated by you.
4.2 You must immediately notify ARTHIVES if you know or suspect that Your Web site Password has been compromised or become known
to a third party, or if you know of or suspect any unauthorised use of Your Web site Password. In these circumstances you must
immediately change Your Web site Password.
4.3 When logging on to the Service, you will be allowed 3 attempts to enter Your Web site Password. After the third failed
attempt to enter Your Web site Password, you will be temporarily denied access to the Service for a period of 20 minutes
4.4 Each session during which you use the Service is subject to a 30 minute time out control. If, during any session in which you
are connected to the Service, there is a period of 30 minutes or more in which you do not use the Service, the session will
automatically shut down and you will have to log on again to continue using the Service.
4.5 ARTHIVES is not responsible for the loss of any data or other material that occurs as a result of a session being timed out.
5 Creation, Maintenance and Content of Your Contact Details and Your Web site
5.1 Licence to use software
(a) ARTHIVES grants you a licence ("the Licence") to use the web-building software including any templates contained in the
Software ("the Software") which is available on the Web site solely for the purpose of creating Your Web site. This Licence
extends to your use of any templates created by your use of the Software. You may only use the Software for online activity
through a browser interface. Except as permitted by law, you must not copy, modify, reverse engineer or decompile the Software.
You acknowledge that you do not own the Software or any templates created by your use of the Software and used by you to hold
content on Your Web site.
(b) ARTHIVES, or any authorised agent of ARTHIVES, may at any time without notice to you, modify the Software.
(c) You acknowledge that the Licence terminates on termination of this Agreement and that you are not entitled to make or
retain any copy of the Software or any templates created by the use of the Software.
5.2 Content of Your Web site
You are solely responsible for:
(a) Your Content. ARTHIVES is not liable for such content and ARTHIVES has no obligation to review Your Content before or
after it has been published, and has no liability if ARTHIVES does conduct such a review.
(b) ensuring that Your Content does not contain any material which contravenes any State, Territory, Commonwealth or other
relevant law, including mandatory codes of practice or laws of other countries. This includes, but is not limited to, laws relating
to copyright, trade marks and confidential information.
(c) ensuring that Your Content is current.
(d) ensuring that Your Content does not use ARTHIVES' name or any other names, logos or trade marks owned by ARTHIVES,
without ARTHIVES' prior written consent.
(e) ensuring that Your Content or Your Web site does not contain any material, link to any material or promote any material
which is known or suspected by you to be Undesirable Material.
(For the purposes of this clause, Undesirable Material means material which is offensive or illegal, including but not limited to
defamatory or potentially defamatory material, blatant expressions of bigotry, racism, hatred or profanity; instructional
information about illegal activities; material promoting harm or injury to any group or individual; material advertising or
promoting tobacco products or gambling; material advertising pharmaceutical goods not approved for sale in Australia;
material containing pornography (including material which is Prohibited Content or Potential Prohibited Content,
as defined under the Broadcasting Services Amendment (Online Services) Act 1999)).
5.3 Third Party complaints about content
You acknowledge and agree that:
(a) In the event that ARTHIVES receives a direction or official notice from a relevant authority (such as the Australian Broadcasting
Authority, The Australian Competition and Consumer Commissioner, the State or Federal Police Service) in respect of any part of
Your Content, ARTHIVES must comply with that direction or notice.
(b) In the event that ARTHIVES receives complaints, demands or threats of legal proceedings in respect of any part of Your Content,
ARTHIVES reserves the right to deal with such correspondence on a case-by-case basis in accordance with clause 16.1.
5.4 Collection of Personal Information
Your web site uses templates provided by ARTHIVES to allow site users to subscribe to a mailing list. You must, at or before the
time of collecting personal information about those users, take reasonable steps to ensure that the individual site users are aware
that their personal information may be stored on the information systems of your internet service provider for the purposes of
allowing you to view mailing list subscriptions.
6 Help Desk
6.1 You will have access to a call centre facility for assistance and support during your use of the Service.
6.2 ARTHIVES makes no warranties as to when these facilities will be available, or to the capacity of these facilities to remedy any
problems you experience while using the Service.
7 Confidential Information
7.1 You must not disclose, or allow any of your employees or agents to disclose, any confidential information about or belonging
to another person or organisation, in Your Content without the written authority of that person or organization.
7.2 For the purposes of the ARTHIVES Terms "Confidential Information" means information in any form whatsoever that would
reasonably be expected to be excluded from public exposure for the purposes of preserving the commercial position or reputation
or otherwise, of the person or group of persons to which the Confidential Information relates.
8 Terms of payment
8.1 Method of Payment for Yearly Subscriptions
Payment for the Service as an annual subscription is by credit card or Australain Cheque or Australian Money Order. When paying
for the Service by credit card, you must provide ARTHIVES details of your credit card ("Your Registered Credit Card") as follows:
(a) Credit card type;
(c) Credit card number;
(d) Expiry date.
(e) Name on credit card
8.2 Method of Payment for Monthly Subscriptions
Payment for the Service as a monthly subscription is by credit card only. When paying for the Service by credit card, you must
provide ARTHIVES details of your credit card ("Your Registered Credit Card") as follows:
(d) Credit card type;
(e) Credit card number;
(f) Expiry date.
(g) Name on credit card
8.3 Billing in advance for Monthly Subscriptions
For each subscription period that you are registered for the Service, the Service fee will be charged in advance to Your Registered
Credit Card Your first payment will be processed at a pro rata rate until the last day of the current month. All subsequent payments
will be processed on the first working day of the month
8.4 Changes to terms of payment
ARTHIVES may at any time, and in accordance with clause 20, change these terms of payment.
9.1 If GST is or will be imposed on a supply made under or in connection with these ARTHIVES Terms, ARTHIVES may, to the
extent that the consideration otherwise provided for that supply under this agreement is not stated to already include an
amount in respect of GST on the supply:
(a) increase the consideration otherwise provided for that supply under this agreement by the amount of that GST; or
(b) otherwise recover from the recipient the amount of that GST.
10 Virus scanning
You must conduct your own virus scanning and other checking on all data and media provided by ARTHIVES.
11 No warranties or guarantees
11.1 Except where expressly stated otherwise, ARTHIVES make no warranties or guarantees in relation to the Service.
All terms implied by law, except those that cannot be lawfully excluded, are excluded.
11.2 ARTHIVES does not represent or guarantee that:
(a) the Service will be free from errors or viruses;
(b) access to the Service will be uninterrupted.
(c) the use of the Service by you or any other person will improve the profitability of your business.
(d) you or your business will not suffer any loss whether directly or indirectly from the use of the Service by you or any other person.
11.3 You acknowledge that:
(a) it is your responsibility to ensure that you retain at all times a copy of Your Content; and
(b) the Service may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors including
(but not limited to) technical difficulties with or the performance or operation of ARTHIVES' or another person's software,
equipment or systems, traffic or technical difficulties with the Internet, or infrastructure failures.
12 Limitation of liability
12.1 Subject to clause 12.2, ARTHIVES PTY LTD, its directors, employees and contractors (and each of them), are not liable to you
for any losses, damages, liabilities, claims or expenses whatsoever, whether direct, indirect or consequential, and whether in contract,
tort (including negligence), statute or otherwise, arising out of or referable to the supply of the Service to you, or your use of the
Service or Your Web site, including but not limited to any loss, damage, liabilities, claims or expenses caused by:
(a) any loss of Your Content;
(b) any corruption or damage to Your Content or Your Web Site;
(c) any computer virus;
(d) any loss of on-line connection to Your Web site;
(e) any interruption to your business;
(f) any use of Your Content by any other person; or
(g) the removal of Your Web site from the internet.
(h) modification of the Software by ARTHIVES or an authorised agent of ARTHIVES.
12.2 Where any term, condition or warranty imposing liability is implied through the operation of any law including the Trade Practices Act 1974,
or any other Act of Parliament including any warranties that services will be rendered with due care and skill, and that term,
condition or warranty cannot be excluded, ARTHIVES' liability under that term, condition or warranty will, to the extent permitted,
be limited to the resupply of the services provided, or the cost of having such services resupplied;
12.3 You acknowledge and agree that the domain name registration services which you can apply for as part of the Service through
www.artHIVES-DOMAINS.com are provided by Wild West Domains, Inc. ("Wild West") an Arizona Corporation and not by ARTHIVES.
ARTHIVES will not be liable for any liabilities, claims or expenses, whether in contract, tort (including negligence), statute or otherwise,
arising out of or referable to your use, or Wild West Domains, Inc's provision, of these services.
13 Severance
13.1 If any provision of the ARTHIVES Terms is void, unenforceable or illegal in a jurisdiction, it is severed from the remainder of the ARTHIVES
Terms for the purposes of enforcement in that jurisdiction.
13.2 The remainder of the ARTHIVES Terms, have full force and effect and the validity or enforceability of that provision in any other
jurisdiction is not affected.
14 ARTHIVES' obligations
ARTHIVES will use reasonable commercial efforts to ensure the availability of the Service, however ARTHIVES' liability to you for a failure
to make the Service available is limited under clause 12.
15 Your obligations and Indemnity
15.1 By using the Service, you agree that you indemnify ARTHIVES for any loss or damage that any member of the ARTHIVES, or its
employees, agents or contractors, suffers as a result of:
(a) your breach of these ARTHIVES Terms;
(b) unauthorised use of Your Web site Password;
(c) unauthorised use by you of the Software, including any templates created by your use of the Software;
(d) reliance on or use of Your Content by third parties;
(e) the inclusion of links on Your Web site to content which contravenes any applicable law;
(f) a claim by a third party for infringement of intellectual property or other rights; or
(g) arising in any way related to Your Content or Your Web site.
15.2 You must ensure that your name, address, email address and any other details you have provided to ARTHIVES in
relation to the Service are accurate and kept up to date and make any changes to these details through the ARTHIVES Web site.
15.3 You must acquire and maintain all equipment, services and software necessary for you to connect to, and use, the Service,
including the requirements set out on the ARTHIVES Web site from time to time.
16 Suspension or termination of ARTHIVES Service
16.1 ARTHIVES may at its sole discretion, withdraw, suspend, terminate or deny access to the Service or remove Your Web site from
the internet at any time, for any reason without prior notice to you, and, in addition, may cancel your use of the Service if you:
(a) use the Service in contravention of the law;
(b) include any Undesirable Material as part of Your Content;
(c) publish or provide links to any Undesirable Material, or publish or provide links to any material promoting Undesirable Material,
on Your Web site;
(d) act fraudulently, or if ARTHIVES reasonably considers that your conduct could be fraudulent;
(e) breach any conditions set out in these ARTHIVES Terms; or
(f) obtain, or attempt to obtain, goods or services using the Service by using another person's payment details
(for example, their credit card details).
(g) fail to have sufficient funds to meet the terms of payment in clause 8, or if payment is refused or your Registered Credit Card is no longer valid.
16.2 Until you are notified that this agreement is terminated, these terms continue to apply, and where your use of the Service
has been suspended or withdrawn or your access is denied. See also clause 17.5.
17 Term and Termination
17.1 This Agreement will have effect from the date you register for the Service and will continue until it is otherwise terminated under this clause 17.
17.2 Either you or ARTHIVES may immediately terminate this Agreement by giving written notice of such termination to the other party.
In the case of a notice to you, the notice can be given by sending to the last email address nominated by you as your contact email
address In the case of notice to ARTHIVES, the notice can be given through the Web site, or by sending to the following email address: info@ARTHIVES.com
17.3 If this Agreement is terminated, for whatever reason, links to Your Web site and Your Contact Details will be immediately removed
from the ARTHIVES . If you have used the Service, then Your Web site will also be removed from the ARTHIVES web site or internet.
You therefore acknowledge that it is your responsibility to ensure that you retain at all times a copy of Your Content.
17.4 In the event of termination of this Service by either party for whatever reason, ARTHIVES will not be liable to refund any monies
paid to ARTHIVES by you in accordance with clauses 8 of these ARTHIVES Terms.
17.5 The ARTHIVES Terms relating to privacy, Confidential Information, your obligations to indemnify us and limitation on the
ARTHIVES Group's liability survive the termination (for whatever reason) of this Agreement or the Service.
18 Jurisdiction
These ARTHIVES Terms and your use of the Service are governed by, and interpreted in accordance with the laws of, the State of Queensland, Australia.
You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia, for determining any
dispute concerning these ARTHIVES Terms and your use of the Service.
19 Copyright and Trade marks
19.1 Copyright in material comprising the Service, the Software and the Web site is owned or licensed by ARTHIVES. "ARTHIVES" and all associated
trade marks, are trade marks of ARTHIVES PTY LTD.
19.2 For the avoidance of doubt, any reference to ARTHIVES, or the posting of any links to the Web site or ARTHIVES.com or any other
Web site operated by ARTHIVES, or the use of ARTHIVES' name or any other names, logos or trade marks owned by ARTHIVES, on
Your Web site, without ARTHIVES' consent, will constitute a breach of the ARTHIVES Terms.
19.3 You hereby grant to ARTHIVES a non-exclusive licence for the term of this Agreement to use, reproduce, modify, link to and frame
Your Content for the purposes of ARTHIVES .
19.4 You hereby warrant to ARTHIVES that:
(a) You own or are duly licensed to use all copyright, trade marks, and other intellectual property rights in Your Content;
(b) Your Content and the inclusion by ARTHIVES of any of Your Content on the internet does not and will not infringe the intellectual property
rights of any other person anywhere in the world (if you are unsure about matters relating to copyright and intellectual property, you can refer to
the web sites of IP Australia or the Copyright Council.
19.5 You will indemnify and hold harmless ARTHIVES and its directors, agents and employees from any loss, expense, cost or liability whatsoever
arising from any claim by a third party that any of Your Content infringes the intellectual property rights of that third party anywhere in the world.
20 Amendment of these ARTHIVES Terms and entire agreement
20.1 These ARTHIVES Terms form the entire agreement between you and ARTHIVES relating to your use of the Service. Other material on the
ARTHIVES Web site may contain general information about the Service. Unless expressly stated otherwise, this other information:
(a) does not constitute an offer or inducement to enter into a legally binding contract; and
(b) does not form part of these terms.
20.2 You must not assign your rights under these ARTHIVES Terms. Without notice to you, ARTHIVES may novate or assign its rights under these
20.3 The ARTHIVES Terms replace any other terms of use for the Service. ARTHIVES may at any time vary the ARTHIVES Terms.
When a variation occurs, we will take reasonable steps to notify you by email at the email address you provide to us when you register for the Service,
or we will refer you to the variation at the time you next use the Service. We will also publish these ARTHIVES Terms as so varied ("the New ARTHIVES Terms")
on the ARTHIVES Web site. You accept that by doing this, ARTHIVES has provided you with sufficient notice of variation.
20.4 If ARTHIVES varies these ARTHIVES Terms, your use of the Service after the variation will be deemed as acceptance of the New ARTHIVES Terms.