Terms and Conditions :

Copyrights :

Last updated on November 29, 2006.

Welcome to Your Day. These Terms of Service govern your use of Your Day’s service. Your use of Your Day’s services constitutes acceptance of these Terms and Conditions and creates a binding legal agreement. Please read the Terms and Conditions carefully.

All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of New York without regard to conflicts of law principles. These Terms and Conditions constitute the entire agreement between you and Your Day with respect to the use of this service. Your Day’s failure to enforce any right or provision in these Terms Conditions shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditins shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Your Day reserves the right to amend these Terms and Conditions from time to time. These changes will be reflected in the Terms and Conditions as seen on our website.

Registration :

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. We will use the information you provide to us in accordance with our Privacy Policy.

Length of Service :

Your Day provides service subscriptions in annual increments only. This is because domain names can only be registered in annual increments.

Service Level Agreement :

Your Day will provide a 99% availability of its web site, www.yourday.com.au, and the web site’s that it powers (e.g. www.yourday.com.au/janeandjohn). Occasional service outages may occur that Your Day cannot control. If such outages occur, Your Day will work on restoring service as soon as possible. Your Day is not liable or responsible for damages if such outages occur.

Your Day will provide all customer service and support. We are not yet set up for telephone support and are best contacted via email at custserv@yourday.com.au

We will respond to all customer service inquiries, within twenty-four hours of receipt, Monday through Friday, 8:00AM to 6:00PM EST.

Domain Name Usage and Ownership :

During the length of service, Your Day is the legal owner/registrant of the domain name you publish your web site to. We reserve the domain name you choose for the exclusive use of your web site. This domain name cannot be transferred during your subscription.

You may choose to have a domain name you already own point to the web site you create with Your Day. Such domain name must either be transferred to Your Day’s control or the domain provider must point the domain name to our servers. In order for your domain name to correctly point to your web site on our servers, Your Day must perform a configuration change. You must request this configuration to be made. No discounts will be given if you want to use a domain name you already own with the web site you create with Your Day.

Web Site Content :

Your Day does not control the content of any user’s account and does not have any obligation to monitor such content for any purpose. All content provided by a user of Your Day services is the sole responsibility of that user. Your Day will not power any web site that contains pornographic, offensive, or unlawful material. Upon discovery of such material, Your Day reserves the right to remove the material and terminate your subscription. For information on our copyright policy, click here.

Copyright :

Your Day respects the intellectual property rights of others. Your Day claims no ownership rights in any image contained on your web site and will not share your images unless instructed by you or otherwise required by law. Your Day claims no ownership rights in any image contained in any of the web sites it powers.

Your Conduct :

You are responsible for all of the images you upload, share or copy using Your Day’s service. You must have the legal right to display each image that you upload or share. Professional images that are provided to you by professional photographers or made available through web sites magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using this service.

In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfilment of your order (or any part of your order). As condition of your use of this service, you shall not: upload, post, order for print, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable; upload, post, order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party; harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site.

Your Day reserves the right to refuse to fulfil any order, or any part of any order, if it believes that these Terms of Service have been violated. In addition, Your Day reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Your Day or others.

You should assume that all of the content or other works made available to you through the service (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.

Web Site Content:

Your Day does not control the content of any user’s account and does not have any obligation to monitor such content for any purpose. All content provided by a user of Your Day services is the sole responsibility of that user. Your Day will not power any web site that contains pornographic, offensive, or unlawful material. Upon discovery of such material, Your Day reserves the right to remove the material and terminate your subscription.