TERMS AND CONDITIONS
APPLICABLE TO THE USE OF THE EMAIL ADDRESS AND FACILITIES
OF WHISTLEBLOWERS AUSTRALIA INC.
These terms and conditions apply to the use of any email facilities of Whistleblowers Australia Inc. (WBA) for the purpose of sending WBA or its members unsolicited advertising or promotional or survey email of any kind, including email commonly known as spam or unsolicited commercial email (UCE) or unsolicited bulk email (UBE). These terms and conditions constitute a contract and this contract shall be governed by the law of New South Wales, Australia.
WBA expressly prohibits the use of its email address or facilities for the sending of any of the above types of email (spam) by any senders (spammers).
The sending of spam to WBA is regarded by WBA as abuse of its email facilities and interference in the rights of WBA to carry out its activities free from interference and harassment and may result in legal action against any spammer (where the term "spammer" includes an employee of a spammer carrying out spamming).
By sending spam to any address belonging to WBA, notwithstanding that it may contravene the above, the spammer agrees to the terms of this contract and the receipt of such spam by WBA shall be deemed to be indication of this.
The terms of this contract shall be regarded as an extension of the rights normally enjoyed by users of the internet and notwthstanding anything in this contract WBA does not relinquish any rights normally considered to be rights enjoyed by any user of the internet. If any term or condition in this contract is found to unenforceable or illegal, it shall be regarded as severed from the contract and the rest of the contract shall stand as if that term or condition did not exist.
All spammers shall pay to WBA the sum of US$50.00 per spam message received by WBA. The receipt of a spam message by WBA shall be sufficient evidence that such fee is payable.
WBA shall have the right to request the cancellation or termination of any internet service used by the spammer, whether used in sending the spam or not.
WBA shall have the right to submit any information such as IP addresses necessary to have the spammer and/or the spammer's ISP (internet service provider) black-listed and/or black-holed by any other users of the internet. The spammer agrees that the spammer shall have no claim against WBA for any loss or damages or costs that may result from such action by WBA.
Copyright: A spammer who sends spam to WBA confers on WBA the irrevocable world-wide right to reproduce the spam free-of-charge in any form for any purpose. This right shall include any images or other graphical material included in the spam or delivered as a link to the material from within the spam.
Privacy: A spammer relinquishes all rights to privacy under all laws and agrees that WBA shall have the right to publish in any form it chooses all details pertaining to the spammer and/or the spammer's company including but not limited to names, addresses, email addresses, telephone numbers, fax numbers, IP addresses, URLs of web sites, ISP details, commercial affiliations (including customers' names), etc.
A spammer agrees that WBA has the right to encourage members of the public and/or potential customers/clients of the spammer to boycott the spammer's products and/or services and that the spammer shall not be able to claim damages or costs from WBA for such activity whether or not it results in actual loss of business or reputation; nor shall a spammer seek to use any judicial proceedings or injunctions to restrain the activities of WBA in any way.
The spammer agrees that the spammer shall have no claim against WBA for any losses, damages or costs that result from any action that WBA may take in its efforts to permit it to enjoy spam-free use and harassment-free use of the internet. The spammer agrees that WBA has the sole right and discretion to determine the venue and jurisdiction in respect of any and all legal proceedings.
The spammer agrees to pay to WBA all costs incurred by WBA in its attempts to prevent it receiving the spammer's spam and to enjoy spam-free use and harassment-free use of the internet and, in addition, the spammer agrees to pay any legal costs incurred by WBA resulting from any legal action that the spammer may take against WBA.