You should read the following terms and conditions carefully before applying for a DivertMe sub domain.

By applying for a DivertMe sub domain name indicates your acceptance of the terms and conditions.

All sub domain names are owned by DivertMe.

You may use your sub domain name knowing that have no right to the ownership.

Cancellation of your sub domain

DivertMe reserves the Right to refuse/cancel your sub domain name after you have accepted the terms and conditions of this Agreement. DivertMe may refuse your sub domain if your web site is deemed by DivertMe to be unsuitable because, in DivertMe's opinion, it:

(a) contains, promotes or links to sexually explicit or violent material;

(b) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation or AIDS;

(c) contains unlawful material, including but not limited to materials that may violate anthers intellectual property rights, or links to a site that contains such material;

(d) contains information regarding, promotes or links to a web site that provides information or promotes illegal activity;

(e) for any other reason that is deemed by DivertMe to be unsuitable. You agree that, if DivertMe accepts your sub domain, such sub domain is deemed to be part of and included in the terms and conditions of this Agreement.

Your obligation

You covenant and agree that:
(a) DivertMe may at its discretion and at any time require you to disconnect your Link stopping the access and use of the our site if, in the opinion of DivertMe, the Link is or has been the cause or is likely to be the cause of failures, interruptions, errors or defects to the our site;
(b) you shall be responsible for all maintenance of the Link including but not limited to your software and hardware that operate the Link;
(c) you shall not use the Link in a manner inconsistent with this Agreement; and
(d) DivertMe has no responsibility to provide training in the use of the Link pursuant to this Agreement.

Use of the sub domain link

8.1 Complying with Directions

Throughout the Term of this Agreement, you shall comply with all reasonable directions that DivertMe may issue in its discretion from time to time concerning the Link.

8.2 Proper Use

You shall ensure that the Link is not used for engaging in disruptive activities which may include, but is not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, the sending of harassing, obscene, offensive or threatening electronic mail, forgery of electronic mail and the placement or transmission or storage of any defamatory or pornographic material on the internet.

8.3 Illegal Use

You will not use, nor permit any other party to use the Link for any purpose or activity of an illegal or fraudulent nature. You will not use the Link to contribute to or aid the commission of a crime or to infringe the Rights of a third party.

8.4 Terminating Event

If DivertMe considers on reasonable grounds that you have breached your Obligations in clause 8.2 or 8.3, DivertMe may terminate your access to our website through the Link without notice to you or other action deemed appropriate by DivertMe from time to time.

Availability of DivertMe's Website

10.1 Operation

DivertMe shall use all reasonable endeavours to provide access to our website and provide your customers with access to DivertMe Services on a continuous basis during the term of this agreement subject to the following:

(a) the malfunction or breakdown of any of DivertMe's equipment;

(b) electrical storm, electrical short circuit, power failure, telecommunications failure or fault; or

(c) industrial dispute or any other cause beyond the control of DivertMe.

10.2 No Claim No Claim shall lie against DivertMe in respect of any loss of access or functionality to your web site after a customer has attempted to access our website through the link on your web site.

Liability

14.1 No Liability

DivertMe shall not be liable to you in contract or in tort arising out of, or in connection with, or relating to, the use of the Link or any breach of the conditions of this Agreement or any fact, matter or thing relating to the Link.

14.2 Consequential Loss

DivertMe shall not liable to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or in respect of a failure or omission on part of DivertMe to comply with its Obligations under this Agreement.

14.3 Implied Terms

Subject to sub-clause 14.4, any condition for warranty which would otherwise be implied in this Agreement is hereby excluded.

14.4 Trade Practices Act

Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the sub domain of all exercise of all liability under such condition of warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of DivertMe for any breach of such condition or warranty shall be limited, at the option of DivertMe to one or more of the following:

(a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

Definitions

"Sub domain" means a domain name owned and operated by DivertMe