Terms, Conditions and Acceptable Use Policy
Definitions
The "Provider" is 'Internet Information Group' (IIG) also trading as 'Tableland Network Services'.
The "Customer" is that specified on the Customer Information Form.
The "Service" means an interactive dial-up access to the Internet
and/or the Provider's network, including computer resources, disk
storage and computer communication facilities.
The "Account" means the customer's right to use the Service.
The "Commencement of Service date" means, the date filled by the
Customer on the front of the User Information Form, or the first date
of use of the Service.
Application and variation of these terms
These terms and conditions are the terms on which Internet Information Group provides services or goods to its customers, modified by any written contract between Internet Information Group and its customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede prior agreements. Internet Information Group may modify these terms as applying to any agreement, the pricing structure for any Service or the terms of the operation by general notice on a page of the Internet referred to on the Internet Information Group Home Page, and any use after that publication will constitute an acceptance of that modification.
Termination
1. This agreement will remain in place until it is terminated by
either the Provider or the Customer by giving to the other party one
weeks written notice thereof.
2. The Provider reserves the right to terminate the Service to the
Customer without notice upon the occasion of misuse or abuse of the
Service by the Customer. What constitutes misuse of abuse of the
Service is determined by the Provider.
The Provider may terminate the Service to the Customer if the Customer
- breaches these terms and conditions in any way;
- uses the Service in any way which breaches civil or criminal laws; or
- acts in a way likely to threaten the continued operation of any of the Provider's network services.
Price and payment conditions
4. The Provider shall supply the Account to the Customer.
5. The price of the Service to the Customer shall be as detailed herein and as amended from time to time. Such amendments to become effective from date of notice.
6. The Customer shall pay the Provider the price of the Service by way
of credit card, cash or cheque or such other method of payment as shall
be agreed by the Provider and the Customer from time to time.
7. Credit checks may be undertaken at the Provider's discretion prior to the establishment of the Account.
8. The Customer shall pay to the Provider all fees and charges applicable to the service including, but not limited to
- timed access charges incurred through the user of the UID;
- storage of material including web pages and mail to the value of $10 per month of no dial up access through IIG's Access Server;
- delivery of mail via means other than direct dial up connection to the IIG Access Network at the rate of 40c per megabyte collected;
- other services performed by the Provider for the Customer;
- any other charges incurred as a result of non-payment of account, including, but not limited to, delivery of account details in forms other than via email.
Indemnity
9. The Customer hereby indemnifies and shall keep indemnified the
Provider in respect to any loss or damage action claim suit or
proceeding against the Provider by any person in respect to the use of
the Customer's user account including but not limited to the
transmission of any illegal and / or fraudulent material which the
customer transmits or causes to be transmitted using the Provider's
Service.
10. The Customer further indemnifies the Provider for any liability
incurred as a result of violation of copyright, false or libelous
information placed on to the Service, or illegal activities conducted
through their Account.
Provision and use of the service
11. Any equipment provided by the Provider remains the property of
the Provider. Unauthorized use, access or maintenance of that equipment
may result in Service disconnection.
12. The Provider may monitor and keep any records that the Provider deems necessary of the Customer's use of the Service.
13. The use of the service, which includes the contents thereof and any
storage or use of information, is at the Customer's sole risk.
14. The Provider does not, nor do any of their information providers,
licensers, employees or agents warrant that the service will be
uninterrupted or error free; nor does the Provider, licensers,
employees of agents make any warranty as to the results obtained from
the use of this Service.
15. The service is distributed on an "AS IS" basis without warranties
of any kind, either expressed or implied including but not limited to
warranties of title or implied warranties of merchantability or fitness
for a particular purpose or use with respect to the service of
information.
16. Neither the Provider of anyone else involved in creating, producing
pr delivering the Services shall be liable for any direct, indirect,
incidental, special or consequential damages arising out of the use of
the Service or inability to use the Service.
17. The Provider's facilities cannot be used by any individual or group
of persons for any activities of an illegal or fraudulent nature,
including illegal activities as defined under the Australian
Commonwealth Government Telecommunications Act 1989, or other
applicable State and Commonwealth laws.
Notices
18. All notices and other communications provided for or permitted hereunder shall be in writing and shall be sent by
- hand delivery post; or
- facsimile; or
- electronic mail; or
- other such electronic publication; to the parties hereto at their respective address as specified.
19. All such notices and communications shall be deemed to have been duly given or made
- when delivered if sent by hand;
- the business day following the date of transmission if sent by facsimile;
- the business day following the date of transmission if sent by electronic mail;
- the date recorded if accessed from other such electronic publication.
Miscellaneous
20. The Provider may remove information from the network, if that
information was placed there in a manner contrary to these conditions
or use, or in a manner which is illegal or likely to threaten the
continued operation of the Service. This Agreement shall be governed by
the laws in force in the State of Queensland and each party hereto
submits to the exclusive jurisdiction of the Courts of that State.
21. Except as otherwise expressly provided in these terms, the
provisions hereof shall inure to the benefit of and be binding upon the
successors, assigns, heirs, executors and administrators of the parties
hereto.
22. These terms and the other documents delivered pursuant hereto
constitute the full and entire understanding and agreement between the
parties with regard to the subject matter of same.
23. Neither this Agreement nor any term in it may be amended, waived,
discharged or terminated except by a written instrument signed by all
parties hereto and / or as specified herein.
Customer rights and obligations
24. The Customer's user identification (UID) and confidential
password provide access to the network under the registered name. The
Customer is solely responsible for
- any material entered onto the network through their UID;
- any service charges incurred through the use of their UID;
- breaches of these conditions resulting directly or indirectly from the use of their UID;
- breaches of civil or criminal laws resulting directly or indirectly from the use of their UID.
25. Customers have the right to redistribute without prior consent any information obtained from the Network, providing that such redistribution
- is consistent with any copyright notice attached to that information;
- is accompanied by an acknowledgment to the Provider and the original source;
- is accompanied by these conditions
26. Any material entered in to the Service by any Customer is considered a "publication" by the Customer, and has the same legal status as a publication in writing or any other form. The Provider will be deemed the carrier of such information, not the publisher.
27. The Customer consents to the same redistribution conditions on any material they place on the Service, unless a specific notice reserving copyright or imposing other conditions on the further use of that material is attached to it.
Acceptable Use
Internet Information Group's Acceptable Use Policy (AUP) applies to
you if you are an Internet Information Group subscriber or user
("you"). It is intended to ensure that your use of Internet Information
Group's service is trouble free and that you have due regard to the law
and the needs of other users.
Please read it carefully. It is a condition of your use of our service that you comply with the terms of this Policy.
Please look out for any amendments to the Policy that Internet
Information Group ("we") might make in the future. From time to time we
will make amendments to it by giving you notice of the change and you
will then be obliged to comply with the policy as amended.
Some general principles
28. Internet Information Group is not responsible for the content of
user originated traffic. We exercise no direct supervision or control
whatsoever over the content of the information passing through our
network. We do not assume any responsibility for information not sent
or authorised by us. The responsibility for traffic that does not
conform with this policy and all possible consequences lie with the
sender of the traffic.
29. You are responsible for use of your account. If you permit others
to use our service, you are responsible for making users of the service
aware of this policy and obtaining compliance of your users with this
policy.
30. You are responsible for complying with conditions of use of other
networks. If we provide you with access to a network outside our
service you must comply with any acceptable use conditions which apply
to that network.
Acceptable uses
31. You have responsibilities. It is your responsibility to
- use our service and services in a manner which does not violate any applicable laws or regulations;
- respect the conventions of the newsgroups, lists and networks that you use;
- respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;
- respect the privacy of others;
- use the service in a manner which does not interfere with or disrupt other network users, services or equipment;
- refrain from acts that waste resources or prevent other users from receiving the full benefit of our services;
- In particular, in relation to the "Chat Line" account which is designed to provide customers a high degree of access time at a low cost, users accept that this account has a 15 minute idle timeout and a 4 hour call limit. This is to ensure that the maximum number of users are able to take advantage of this limited resource. Measures taken to maintain the connection automatically and/or to automatically redial the connection on timeout are considered an abuse of the privelege and acts "that waste resources or prevent other users from receiving the full benefit".
32. Use must be ethical. Your use of our services should be ethical and in accordance with accepted community standards.
Unacceptable uses
33. You must comply with the Law. It is not acceptable to use our
service for any purpose which violates local, State, Federal or
international laws.
34. Specific kinds of use are not allowed. It is not acceptable to use our service to, amongst other things
- violate copyright or other intellectual property rights;
- illegally store, use or distribute software;
- transmit threatening, obscene or offensive materials;
- engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
- misrepresent or defame others;
- commit fraud;
- gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
- damage, modify or destroy the files, data, passwords, devices or resources of Internet Information Group, other users or third parties;
- engage in misleading or deceptive on-line marketing practices;
- conduct any business or activity or solicit the performance of any activity that is prohibited by law;
- make an unauthorised transmission of confidential information or material protected by trade secrets;
- attempt to do any of these things.
35. Disruption of the network is not allowed. You may not use the service to interfere with or disrupt other network users, services or equipment. In particular, for example, you must not
- distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists ('spamming');
- send unsolicited commercial messages;
- propagate computer worms, viruses and other types of malicious programs;
- make transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;
- harass or impersonate Internet Information Group or other users.
36. Soliciting subscribers to other services is not allowed. It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive information services.
37. Resale of our services is not allowed. Resale of our services to others is strictly forbidden under all circumstances with out written consent.
What we may do to ensure that this policy is being followed
38. We may monitor your account but will respect your privacy. We
may monitor the conduct of your account to determine whether this
policy is being followed. If we monitor the conduct of your account we
will safeguard your privacy unless to do so would involve us in
concealment of a criminal offence or inhibit the enforcement of this
policy.
39. We will make an effort to contact you. If we become concerned that
your use of our service may break the law or that you have not complied
with this policy we will attempt to contact you before taking action.
40. We may terminate your account and/or notify the authorities. If we
believe that your use of the service may break the law or that you have
not complied with this policy we may
- warn you by email;
- suspend your access to the service;
- terminate your account without notice;
- notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
42. We will re-establish services if resolution is achieved. If you do not repeatedly breach this policy, we do not regard an instance of conduct causing our intervention as dangerous or serious and the cause of our intervention is addressed and resolved, we will promptly re-establish your service.