Terms and Conditions / User Agreement

DATED 2026-04-04 · VERSION 20260404_rev01 · COMPARED WITH 20260201_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20260201_rev01 to 20260404_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+Effective Date: February 01, 2026
+Effective Date: April 04, 2026
+Last Modified: March 06, 2025
+Last Modified: March 09, 2026
 Sites Covered: [https://xhamster1.desi/](https://xhamster1.desi/)
 ## Introduction
 Welcome to Our Site's User Agreement (hereinafter referred to as the "Agreement" or "Terms and Conditions" or "Terms"). The provisions of this Agreement will govern Your use of Our Site(s) and the Services contained therein. You should, therefore, take some time to read the Agreement carefully.
 .4. By participating in the Program, You agree to and will indemnify and hold Company, its parent, and their respective affiliates harmless from and against any and all damages, costs, expenses, claims, or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to Your participation in the Program or breach of these Terms.
 .5. The Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. The Company reserves the right to close the account(s) of any Referrer and/or Invited Member and to request proper payment if the Referrer and/or Invited Member attempts to use the Referral Program in a questionable manner or breaches any of these Terms or is in violation of any law, statute, or governmental regulation. All of the Company's decisions are final and binding.
 .6. The Company reserves the right to cancel the Referral Program or to change these Terms at any time and at its sole discretion. The Program is subject to modification or termination at any time without notice, at the Company's sole discretion.
+- * *
+## Appendix 2 to the Agreement
+## Special provisions of the Agreement for users in Australia:
+This Appendix applies to users who access or use the Services from the territory of Australia ("Australian Users").
+The Company is operated as a Designated Internet Service under the Australian Online Safety Act 2021 ("Online Safety Act", "Act"). This Appendix supplements the main Agreement and applies specifically to Australian Users. In addition to the provisions of the Agreement, Australian Users should be aware of and accept the following in full:
+## 1\. Definitions
+For the purposes of this Appendix:
+.1. "**Australian User**" means a person accessing the Website and Services from the territory of Australia.
+.2. "**Class 1A Material**" shall mean any material, by any medium, that depicts, or otherwise contains child sexual exploitation/child sexual abuse, extreme crime and/or violence, or material that is in support of terror and/or acts of terror.
+.3. "**Class 1B Material**" shall mean any material that depicts or otherwise contains crime and/or violence, or drug-related material.
+.4. "**eSafety Commissioner**" means the Australian eSafety Commissioner.
+## 2\. Compliance with Australian online safety laws
+The Company operates in accordance with the Online Safety Act 2021 and any applicable Online Safety Codes and Standards registered under that Act.
+The Company may implement policies, systems, and procedures designed to prevent the distribution of unlawful and harmful content and to promote the safety of Australian users online.
+## 3\. Prohibited Content
+Per the provisions of the Online Safety Act 2021, Users, Members and Verified Members hereby must ensure and subsequently warrants that:
+.1. The Content uploaded or attempted to be uploaded to the Website should be in adherence to our Agreement and specifically to clauses 3, 4, 5, 6 of the Agreement.
+.2. Any audiovisual Content uploaded to, or attempted to be uploaded to, the Website must not contain Class 1A or Class 1B materials, including child sexual exploitation material or terrorist propaganda, nor must it contain content prohibited under the Agreement.
+.3. Users, Members and Verified Members shall ensure, to the extent possible, that they comply with the provisions of this section.
+.4. Users, Members and Verified Members are prohibited to distribute any Content, that:
+a) promotes, incites, instructs in, or depicts serious crime or extreme violence;
+b) includes non-consensual intimate images or sexual extortion material;
+c) promotes self-harm, suicide, or dangerous activities likely to cause serious harm;
+d) violates applicable Australian laws or regulations.
+The Company reserves the right to take action in accordance with clause 2 of the Agreement in the event of a breach of this section.
+## 4\. Age-restricted content and age assurance
+.1. Certain areas or content on the Website may contain Content and Materials, that are restricted to specific age.
+.2. In accordance with clause 2.2.8. of the Agreement the Company may implement reasonable age-assurance measures, including but not limited to:
+• age verification or age estimation technologies;
+• restricted access systems;
+• account verification processes;
+• other technical or procedural safeguards.
+.3. Users must be 18 years of age or older to access the Website and all types of Content.
+.4. The Company reserves the right to restrict access where the age of the Australian User cannot be reasonably verified.
+## 5\. Safety, reporting and complaints
+.1. The Company has implemented technical, operational, and procedural measures designed to identify, prevent, and mitigate the distribution of harmful or unlawful material and to reduce the risk of harm to Australian children which may be caused by the distribution of relevant material. Such measures includes without limitation automated detection technologies, human content moderation, safety-by-design product development practices. These measures may be updated from time to time to address emerging online safety risks.
+.2. The Company provides mechanisms enabling users to report content or conduct that may be unlawful, harmful, or otherwise inconsistent with the Agreement. Such reporting mechanism is available via our [Contact us/Single point of contact](https://xhamster1.desi/info/contact) form. The Company will review and assess reported content and may take appropriate action, including content removal, restriction, account suspension or other actions as defined in clause 2 of the Agreement.
+.3. More information about our reporting procedure, moderation practices, content upload requirements, technical and organizational safeguards can be found in our Trust and Safety policy ([https://xhamster1.desi/info/trust-and-safety](https://xhamster1.desi/info/trust-and-safety)).
+## 6\. Role and functions of eSafety Commissioner
+.1. eSafety Commissioner is Australia's independent regulator and educator for online safety. The main role of eSafety Commissioner is to ensure Australians have safer and more positive experiences online. eSafety leads and coordinates online safety efforts across Australian Government departments, authorities and agencies, and engages with key online safety stakeholders internationally to amplify its impact across borders.
+.2. The main function of the eSafety Commissioner is to deliver comprehensive, compassionate and people-focused services. The eSafety Commissioner focuses on protecting users online, preventing the dissemination of illegal content, and making proactive systemic changes to online trust and safety. eSafety's functions include:
+• promoting online safety for Australians;
+• receiving complaints and reports about certain types of harmful online material and conduct;
+• administering regulatory schemes relating to cyberbullying, adult cyber abuse, image-based abuse, and illegal or restricted online content;
+• enforcing compliance with the Australian Online Safety Act and applicable online safety codes and standards.
+.3 Australian users have the right to make complaints directly to the eSafety Commissioner regarding any type of harmful online material or conduct that violates the Australian Online Safety Act. To do so, Australian users can access the eSafety Commissioner's contact form via [https://www.esafety.gov.au/about-us/contact-us](https://www.esafety.gov.au/about-us/contact-us) .
+Users are encouraged to report content through the Company's internal reporting tools first, where appropriate, so that the Company can review and address the issue promptly.
+.4. The Company reserves the right to cooperate with the eSafety Commissioner in connection with compliance with the Australian Online Safety Act.
+This may include:
+• responding to regulatory information requests;
+• complying with removal notices or other regulatory directions;
+• providing reports about safety measures implemented on the Service.
+.5. Australian Users can find out more about the eSafety Commissioner, its role and functions, online safety protections and the reporting mechanism on the eSafety Commissioner's official website - [https://www.esafety.gov.au/](https://www.esafety.gov.au/).
+## 7\. Australian regulatory compliance
+Nothing in these Terms limits the Company's ability to comply with obligations imposed under Australian law, including the Online Safety Act and any applicable Online Safety Codes or Standards.
+The Company may take any action reasonably necessary to ensure compliance with these obligations.