1. This Acceptable Use Policy (AUP) applies to all users of electronic systems provided by Seobi Marketing Pty Ltd ACN 160 500 470 trading as Online Marketing Gurus ABN 20 160 500 470 (OMG) (OMG Systems).

2. OMG provides the OMG Systems to a wide variety of clients.

3. It is important for OMG’s clients to be fully informed about their responsibilities with respect to use of OMG Systems.

4. The purpose of this Acceptable Use Policy is to define those responsibilities in plain English for clients and client users.

5. This Policy recognises the fact that no one owns or controls the internet. OMG does not have the ability to monitor and control all of the activities of OMG’s clients, and OMG does not intend to actively screen, review, censor, edit or take responsibility for the activities or content of its clients. OMG’s clients, not OMG, are solely responsible for and assume all liability relating to their internet activities, including:

(a) all aspects of the client’s business;

(b) all technology, content and data provided by or through a client for use with OMG Systems;

(c) all results obtained from using OMG Systems;

(d) compliance with all applicable laws and governmental regulations regarding the client’s business or use of OMG Systems;

(e) use of OMG Systems by the client and client users; and

(f) compliance with this Acceptable Use Policy by the client and client users.

6. Activities conducted on the internet are subject to many of the same laws and regulations applicable to the offline environment. In addition, a client’s activities on OMG Systems over the internet may affect other internet users, OMG, its suppliers, or the safety or security of OMG Systems. Consequently, OMG’s clients must exercise a high degree of judgement and responsibility with respect to their use of OMG Systems, including the responsibility to comply with this Acceptable Use Policy.

7. Clients will violate this Policy when they or their affiliates engage in any of the following activities:

(a) using OMG Systems to violate any law, statute, ordinance or regulation governing the client’s business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, child pornography, obscenity, trade in firearms, spamming, privacy, data transfer, and telecommunications;

(b) using OMG Systems in a manner which presents a material security risk or will interfere materially with the continued operation of a data centre or OMG Systems;

(c) using OMG Systems in a manner that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights or rights of publicity, including failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works or derivative works protected by intellectual property laws or removing or altering applicable copyright, trademark or patent notices;

(d) using OMG Systems in a tortious manner, including without limitation engaging in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or publication of private information without the permission of the person(s) involved;

(e) introducing malware, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or

(f) intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses, in violation of applicable law; using OMG Systems to gain illegal or unauthorised access to other computers or networks through hacking or other means; assisting in or permitting any persons to engage in any of the activities described above.

8. Upon becoming aware of harmful activity, OMG reserves the right to take remedial action, up to and including termination of the client’s use of OMG Systems. Clients agree to cooperate with OMG in any reasonable corrective action that OMG deems necessary to ensure compliance or prevent further harm. Failure to cooperate with such corrective or preventive measures is a violation of this Policy.

9. By using OMG Systems clients agree to comply with this Policy and also agree to indemnify OMG against any claims by third parties arising from violation of this Policy. OMG reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately.

10. Continued use of OMG Systems following notification of any changes shall constitute acceptance of the changes.