Shortcut to Privacy

1 Introduction

1.1By using the website of Diary 4 or by registering for an account with Diary 4, you agree to comply with the conditions of use as described below.
1.2If you do not agree with these conditions, you must leave the website immediately, and if attempting to register, not proceed further with the registration process.

2 Definitions

2.1SystemThe public and private web pages within the diary4.com domain and related database and emailing facilities
2.2OwnerGoznet Systems, a trading name of David Gosnell
2.3Public WebsiteThose pages within the System accessible by visitors without registration
2.4GroupA group of people registered with an Account on the System
2.5AccountThe pages accessible only by a specific Group, and related data
2.6Group HomepageThe Group-specific web page within the System visible to the public
2.7SubscriptionPayment made for use of an Account for a predetermined period

3 The System

3.1The System is owned and operated by Goznet Systems, a registered trading name of David Gosnell.
3.2The System is hosted within the European Union by 1&1 Internet Limited.
3.3The System is copyright ©2007 Goznet Systems, except LGPL elements ©2005 Brent R. Matzelle and ©2006 Regin Gaarsmand.
3.4Unless otherwise stated, all text and images on the Public Website are copyright ©2007 Goznet Systems.
3.5No copyright claim is made by Goznet Systems to content uploaded to Accounts.

4 Use of the System

4.1An Account is for use only by the respective Group's members.
4.2Login details are for the direct use of the respective Group members only and may not be passed to anyone else.
4.3Creation of multiple Accounts without good reason is prohibited.
4.4The System may not be used for or in connection with any activity that is illegal in England and Wales, the European Union or members' own jurisdictions.
4.5Content published to a Group Homepage may not contain any text, sound or images that are unlawful, threatening, harassing, abusive, defamatory or obscene, or any content that breaches the copyright of a third party or the Owner.
4.6The System may not be used in any way that interferes with the positive experience of other Groups, visitors or site administrators.
4.7Any abuse of the System may lead to account termination with or without refund of any Subscription paid, and the right to pursue legal remedy is reserved.

5 Subscriptions

5.1A Group's Account is initially available on a free trial basis.
5.2Subscription is required for full access to standard available facilities.
5.3On completion of the free trial period, Subscription will be required for continued access to the Account.
5.4On completion of the subscribed period, further Subscription will be required for continued access to the Account.
5.5Subscription or renewal will take effect from the end of the free trial or previous Subscription period; however upon payment, all standard facilities will be available immediately.
5.6Accounts frozen due to free trial or Subscription period expiry will be retained for a minimum of 30 days.
5.7In the event of the Subscription rate changing, no surcharges or refunds will be applied.
5.8In the event of your opting to cancel membership ahead of paid subscription expiry, no refunds will apply.
5.9In accordance with United Kingdom distance-selling regulations, refunds will only normally be issued if requested within 7 days of Subscription, and the Account will no longer be available for use.
5.10All subscription payments are handled by PayPal.
5.11Due to tax legislation, Subscriptions are not available to users in the EU other than the United Kingdom.

6 Guarantee

6.1The terms of this guarantee apply whether or not a Subscription has been paid.
6.2The System is provided on an "as is" basis, and is used at the visitor or Group's own risk.
6.3The Owner does not warrant that operation of the System will be error-free, or that any problem encountered can be resolved.
6.4Whilst every effort is made to ensure continuous availability of the System, the Owner may not be held responsible for any failure on the part of the hosting company or intermediate networks.
6.5In the event of unsatisfactory service on the part of the Owner, the maximum liability will be the pro-rata remainder of any Subscription paid.
6.6The Owner will not be liable for consequential loss of any kind, as a result of failure of the System or inability to use it properly.
6.7In the event of a refund being issued due to failure of the System, the Owner reserves the right to terminate the Group's Account.
6.8NEW: Email delivery of event, day-note or other notifications is on a "best effort" basis; the Owner has no control over third-party mail servers that may periodically develop faults or apply filtering to notification messages, and will not be liable in any way for non-receipt. It is the responsibility of individual Groups to keep their members' email addresses up to date and able to receive notifications from the System.

7 Privacy

7.1Email addresses or other submitted details of Group members (including the Group administrator) will be used solely for Diary 4 business and will not be passed to any third party without permission.
7.2The System's administrators have access to all Account data held, but this access will not be exercised except in the event of support request or suspected abuse.
7.3Any Account data accessed in this way will not be passed to any third party without permission, with the exception of cooperation with law enforcement agencies.
7.41&1 Internet Limited theoretically has access to all data on hosted servers.
7.5Subscription payments are handled by PayPal for your security and privacy; the Owner has no access to customers' financial information.
7.6All email addresses added to the System are subject to opt-in verification before being used for any automated notification purpose.
7.7Removal of Group members' accounts should in the first instance be managed by the Group's administrator, but in the event of dispute or other difficulty please contact us via our support website for assistance.
7.8No persistent cookies are used by the System, which does not use any third-party tracking or monitoring of its users.

8 Account termination

8.1In the event of Account termination through subscription expiry or any other reason, all account data will if possible be passed to the Group administrator at their registered email address.

9 General

9.1In the event of any of these conditions being deemed by a recognised court of law to be to be unenforceable, the remainder of the conditions must still be complied with.
9.2These conditions are governed by the laws of England and Wales.
9.3Any future changes to these conditions will be notified as appropriate to Group members and administrators.
9.4Your continued use of the System after any such changes will be taken as confirmation of your agreement to said changes.
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