9. What we promise and what we do not
We run the service carefully but do not guarantee uptime. Australian consumer guarantees still apply where the law says they do. Beyond that, our liability is capped at what you paid us in the last year, or US$100 if that is more.
We will run the service with reasonable skill and care and take a daily backup of the database. We do not promise uninterrupted or error-free operation and do not offer a service-level credit. We may change or retire features; if a change materially reduces what you pay for, you may cancel and receive a pro-rated refund of any prepaid period.
Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under that law, or under any other law, that cannot lawfully be excluded, restricted or modified. To the extent the law permits, our liability for a failure to comply with a consumer guarantee in relation to the service is limited, at our option, to supplying the service again or paying the cost of having it supplied again.
Other warranties
Apart from those guarantees and what these terms say expressly, the service is provided as is, without other warranties, whether express or implied, including fitness for a particular purpose.
Limits on liability
To the fullest extent the law allows, neither party is liable to the other for indirect or consequential loss, lost profits or lost business. Our total liability to you under or in connection with this agreement in any 12-month period is limited to the greater of the fees you paid us in the 12 months before the claim and US$100. These limits do not apply to liability that the law does not allow to be limited, including liability for fraud or for death or personal injury caused by negligence.
Your indemnity
You will indemnify us against third-party claims, and the reasonable costs of dealing with them, that arise from content you or your clients publish through the service, from reviews solicited in breach of section 4, or from your breach of section 7, except to the extent the claim was caused by our breach of these terms or our negligence.