Before you begin to use
any Internet Access Service or Hosting Service through Reset Internet
Services, you ("you", "your", "yourself", and/or "subscriber") must review
the following terms and conditions of Reset Internet Services (the "Internet
Access Service or Hosting Service"). These terms and conditions explain
Reset Internet Services obligations to you, and explain your obligations to
Reset Internet Services when you use any service or product and will
constitute a binding contract between you and Reset Internet Services. Reset
Internet Services is providing you with the Internet Access Service or
Hosting Service in consideration of your agreement to abide by these terms
and conditions.
I. TERMS OF INTERNET ACCESS
SERVICE AND HOSTING SERVICE AGREEMENT.
1.
To make your use of the Internet
Access Service or Hosting
Service as enjoyable as possible, Reset
Internet Services has developed Reset Internet Services Online Policies,
which appear at the end of this Agreement and will continue to be refined
and revised over time. You agree to abide by Reset Internet Services Online
Policies and agree that those policies are incorporated into this Agreement
by reference. Please take the time to familiarize yourself with those
policies.
2. Current
account charges, including billing methods, rates, and surcharges for using
the Internet Access Service, may be found in Reset Internet Services Web
Site or may be obtained by calling Reset Internet Services at 02 65415000.
3. You agree
that Reset Internet Services may: (a) revise the terms and conditions of
this Agreement (including Reset Internet Services Online Policies); (b)
revise its billing rates and account surcharges; (c) configure network
devices to restrict, deny or otherwise limit access to particular ports or
internet protocol and (d) modify the services provided under this Agreement,
at any time. Any such revisions and modifications shall be binding and
effective immediately upon posting the revised Agreement or other changed
service offering on Reset Internet Services website, the Reset Internet
Services home page, or on notification to you by e-mail or Australia Post.
4. You agree
to review the Agreement (including Reset Internet Services Online Policies)
periodically to be aware of any such revisions. If any revision to this
Agreement is unacceptable to you, you may terminate this Agreement at any
time by providing Reset Internet Services with written notice by Australia
Post, or by contacting Reset Internet Services via phone or email. Notice of
your termination will be effective on receipt by Reset Internet Services.
5. You agree
that, by continuing to use the
Internet Access Service or
Hosting Service following notice
of any revision to the Agreement (including Reset Internet Services Online
Policies), you accept any such revisions and agree to abide by any such
revisions.
6. Reset
Internet Services reserves the right to distribute informative e-mails to
its subscribers on an ad hoc basis that it feels is pertinent to the quality
of its service. These announcements may include information about revisions
to this Agreement (including Reset Internet Services Online Policies) and/or
modifications to the services provided under this Agreement or other
information about Reset Internet Services products and services.
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II. REGISTRATION
INFORMATION.
1.
You agree to provide Reset Internet Services with accurate, complete
registration information, to promptly notify Reset Internet Services of any
changes in such information, and to verify such information as Reset
Internet Services may request. If you do not provide Reset Internet Services
with accurate registration information, you are not authorized to use theInternet
Access Service or Hosting Service
and your account may be terminated immediately.
2. YOU AGREE
THAT BY USING THE INTERNET ACCESS SERVICE OR HOSTING SERVICE YOU REPRESENT
THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO
ENTER INTO THIS AGREEMENT.
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III. INTERNET ACCESS
SERVICE.
1.
Reset Internet Services will provide you with connectivity to the Internet
through Reset Internet Services own hardware.
2. The
Internet is an international computer network. The Internet is not owned,
operated, or managed by, or in any way affiliated with Reset Internet
Services or any of Reset Internet Services affiliates. Reset Internet
Services cannot and does not guarantee that the Access Service will provide
Internet access that is sufficient to meet your needs. You agree that your
use of the Access Service and the Internet is solely at your own risk and is
subject to all applicable local, state, national and international laws and
regulations.
3. You agree
that Reset Internet Services retains the right, but not the obligation, to
restrict or terminate your Access Service at any time, if Reset Internet
Services, in its sole discretion, determines that you are in violation of
this Agreement and/or Reset Internet Services Online Policies. You agree
that, if Reset Internet Services determines that you are in violation of
this Agreement, any restriction or termination of your Access Service will
be effective immediately, without prior notice. You agree that Reset
Internet Services will have no liability to you for any restriction or
termination of your Access Service pursuant to such violation.
4. YOU AGREE
THAT IF RESET INTERNET SERVICES TERMINATES YOUR ACCESS ACCOUNT AS A RESULT
OF YOUR VIOLATION OF THIS AGREEMENT OR RESET INTERNET SERVICES ONLINE
POLICIES, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES,
SUCH FORFEITURE BEING AGREED TO BY YOU AND RESET INTERNET SERVICES AS
LIQUIDATED DAMAGES AND NOT AS A PENALTY. You further agree that Reset
Internet Services is under no obligation to forward any email for an account
cancelled due to a violation. Reset Internet Services reserves the right to
refuse the application or reapplication of anyone whose account has been
cancelled for a violation, or anyone whom Reset Internet Services suspects
is acting on behalf of someone whose account has been cancelled for a
violation. Reset Internet Services reserves the right to cancel or suspend
all other accounts belonging to you if one of your accounts was involved in
a violation.
5. Reset
Internet Services reserves the right to disconnect and/or temporarily
suspend an account from Reset Internet Services service without warning if
in Reset Internet Services sole discretion there is a reasonable suspicion
that such disconnection or suspension would prevent or interrupt a violation
of this Agreement or Reset Internet Services Online Policies.
6. Subject to
Copyright Act 1968 and any other applicable laws and regulations, Reset
Internet Services reserves the right to remove or block access to, either
permanently or temporarily, any files which Reset Internet Services suspects
or which a third party alleges are associated with a violation of the law,
this Agreement or Reset Internet Services Online Policies or with the
account responsible for such violation. This includes but is not limited to
blocking access to Usenet news articles.
7. Reset
Internet Services reserves the right to refuse "smarthosting" connectivity
and other similar services and procedures to any user who owns or operates
an open mail relay.
8. Reset
Internet Services reserves the right to remove, either permanently or
temporarily, any e-mail that has been left on Reset Internet Services
servers for a period of 45 days or more.
9. If the
connection to Reset Internet Services Access Service has no activity from
the user for a period of 30 minutes, then Reset Internet Services may
disconnect services and end the session.
10. You are
responsible for verifying that the phone number your computer is dialing in
order to access the Internet through Reset Internet Services is a local
access number. Any telephone charges associated with your access to the
Internet through Reset Internet Services are solely your responsibility.
RESET INTERNET SERVICES DOES NOT REIMBURSE OR PAY AND SHALL NOT BE
RESPONSIBLE FOR ANY OF YOUR TELEPHONE CHARGES FOR ANY REASON.
11. You are
responsible for obtaining and maintaining any communications equipment
necessary to connect to Reset Internet Services, including modems, computer
hardware and software, and long distance or local telephone service. You are
responsible for ensuring that such equipment or service is compatible with
Reset Internet Services requirements. In addition, you are responsible for
maintaining the security of your account, password, files, network and user
access, and any information you disseminate through Reset Internet Services
or other Internet services, and for all use of your account with or without
your knowledge or consent, including, without limitation, any use of your
account by minors.
12. By using the Access Service you agree
that neither Reset Internet Services nor its affiliates shall be held
responsible or liable, directly or indirectly, for any loss, liability or
damage of any nature caused, or alleged to have been caused, by your use of,
or reliance on, any content, goods, or services available on or through the
Access Service.
13. Theft
of Service. You acknowledge that the right to the use of, and any
benefits that may be derived from, the Access Service is personal to you and
is being provided by Reset Internet Services as partial consideration of
your agreement to pay the charges applicable to your account. You agree not
to connect the Access Service or allow the Access Service to be connected by
others to any other computers, located either on or outside your premises,
than are reflected on your Access Service account with Reset Internet
Services. The Access Service may not be used to facilitate or operate as an
Internet Service Provider, “Wi-Fi” network or “hot-spot”, and you further
agree not to distribute, resell, share or otherwise allow others to utilize
the Access Service, either free of charge or for consideration. You
acknowledge that any unauthorized receipt of the Access Service constitutes
theft of service, which is a violation of Federal law and can result in both
civil and criminal penalties. Reset Internet Services will prosecute
violations to the fullest extent of the law.
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IV. CONTENT OF
COMMUNICATIONS.
1.
The Access Service provides you access to information, communications,
software, photos, video, graphics, music, sounds, services and other
material located both on Reset Internet Services computer servers and on the
Internet ("Content"). As a matter of policy, Reset Internet Services does
not pre-screen Content placed on Reset Internet Services computer servers by
any of its subscribers. Moreover, Reset Internet Services does not have the
practical ability to monitor, review, or restrict access to Content on Reset
Internet Services servers prior to its transmission or to monitor all
communications between parties. The Internet also provides access to
individuals and organizations who are not Reset Internet Services
subscribers. Reset Internet Services does not have the capability to
monitor, review, or restrict any Content made available by third parties on
the Internet, to edit or remove any Content that is not on Reset Internet
Services own servers, nor to monitor all communications between parties. You
agree that you shall be responsible for and bear all risk associated with
the accuracy, completeness, reliability or usefulness of any Content
available to you on or through the Access Service and for all your
communication on the Access Service.
2. You agree
that notwithstanding anything herein to the contrary, Reset Internet
Services has the right, but not the obligation, to remove Content from Reset
Internet Services computer servers which Reset Internet Services, in its
sole discretion, determines to be in violation of this Agreement or Reset
Internet Services Online Policies.
3. You
acknowledge that you may receive or be exposed to Content, goods or services
which you consider to be improper, inaccurate, misleading, defamatory,
obscene or otherwise offensive. You agree that Reset Internet Services will
not be liable for any action or inaction with respect to any such Content
posted on or through the Access Service and the Internet.
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V. COPYRIGHT AND OTHER
RIGHTS.
1.
The Access Service provides access to Content that is protected by
copyrights, trademarks, and other intellectual property rights ("Rights") of
various third parties.
2. You agree
that your use of Content shall be governed by all applicable laws and
regulations, and by the specific restrictions placed on such Content by the
owners or licensors of the Rights in such Content.
3. You agree
not to upload, download, display, perform, transmit or otherwise distribute
on or through the Access Service any material (including, without
limitation, any Content to which you have access through the Access Service)
that is subject to another party’s Rights, without that party’s express
permission or unless otherwise authorized by law. You acknowledge and agree
that any such unauthorized conduct: (a) may result in termination of this
Agreement, and; (b) may expose you to civil or criminal liability. WITHOUT
LIMITING THE FOREGOING IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT
RESET INTERNET SERVICES SHALL HAVE THE RIGHT, IN APPROPRIATE
CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR ACCESS SERVICE IF YOU
REPEATEDLY ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS
OF THE RIGHTS OF THIRD PARTIES.
4. You agree
that by posting or transmitting or otherwise distributing material to any
public area (such as public chat rooms, message boards, newsgroups, webspace
or software libraries), you are requesting and authorizing Reset Internet
Services to make that material available to other Internet users and that
such access will result in copies of such material being transmitted to
others. To the extent that such material is subject to any Rights of yours
or a third party, you automatically (a) grant, and/or represent that owner
of any such material has expressly authorized you to grant, Reset Internet
Services a royalty-free, perpetual, irrevocable, non-exclusive, world-wide,
right and license to reproduce, publish, distribute, perform and display
such material (in whole or in part), or (b) represent that the publication,
distribution, performance and display of such material (in whole or in part)
by Reset Internet Services, is otherwise authorized by law.
5. With
respect to any material stored on an Reset Internet Services system at your
direction , you acknowledge and agree that in the event that Reset Internet
Services receives appropriate notice that such material infringes the Rights
of a third party, has actual knowledge of such infringement, or is aware of
facts or circumstances from which infringement is apparent, Reset Internet
Services shall have the right immediately to remove or block access to such
material. Under such circumstances, however, you shall have the right to
notify Reset Internet Services that such material has been removed or access
denied as a result of a mistake or misidentification of the material. Reset
Internet Services policy with respect to such notices is explained in more
detail in Reset Internet Services Online Policies. You also acknowledge and
agree that, under appropriate circumstances, Reset Internet Services shall
have the right to remove or block your access to allegedly infringing
Content provided by third parties.
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VI. NO WARRANTY.
1.
YOU AGREE THAT YOUR USE OF THE ACCESS SERVICE, THE ACCESS SERVICE SOFTWARE,
AND THE INTERNET IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE ACCESS
SERVICE AND THE ACCESS SERVICE SOFTWARE IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
2. EXCEPT TO
THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, RESET
INTERNET SERVICES DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING
OUT OF OR RELATING TO YOUR USE OF THE ACCESS SERVICE, INCLUDING, BUT NOT
LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR
CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE; (C)
ACCESS DELAYS OR ACCESS INTERRUPTIONS; (D) COMPUTER VIRUSES; (E)
NON-DELIVERY OR MIS-DELIVERY OF DATA; (F) THE NEGLIGENT ACTS AND/OR
OMISSIONS OF RESET INTERNET SERVICES OR RESET INTERNET SERVICES SUBSCRIBERS;
(G) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND
ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE ACCESS
SERVICE, (H) ANY FAILURE OF ACCESS SERVICE SOFTWARE TO BE YEAR 2000
COMPLIANT; AND; (I) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND RESET
INTERNET SERVICES CONTROL.
3. You agree
that Reset Internet Services entire liability, and your exclusive remedy,
with respect to your use of the Access Service, your use of the Access
Service Software, and any breach of this Agreement is solely limited to the
amount you paid to use the Access Service. Because some states do not allow
the exclusion or limitation of liability for consequential or incidental
damages, in such states, Reset Internet Services liability is limited to the
extent permitted by law.
4. You may
not rely on oral or written information or advice given by Reset Internet
Services officers, directors, employees, agents, authorized representatives,
subcontractors or affiliates and/or their officers, directors, employees,
agents, authorized representatives, or subcontractors or affiliates to
create a warranty or increase the scope of warranty already established in
these terms and conditions. Your rights and Reset Internet Services
responsibilities are limited to the warranties that are expressed in these
written terms and conditions that have been established by Reset Internet
Services to govern the use of the Access Service.
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VII. INDEMNIFICATION.
1.
You agree to defend, release, indemnify, and hold Reset Internet Services,
its affiliated companies and licensors, and its and their respective
officers, directors, employees, agents, authorized representatives, and
subcontractors harmless from all liabilities, claims and expenses, including
without limitation reasonable attorneys fees, arising from breach of the
Agreement by use of, or in connection with the posting or transmission of
any Content or other material by or through your account on the Access
Service.
2. You agree
that Reset Internet Services has the right, but not the obligation, at its
own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you pursuant to Paragraph 1 of this
section. In such event, you shall have no further obligations pursuant to
Paragraph 1 of this section.
3.
The Customer acknowledges and agrees that; (a) interconnections are with
external national and international networks and/or data services. (b) The
Customer and Consumer may not always have access to the System at any given
time; and (c) maintenance outages, interruptions and access difficulties can
occur; and therefore the Customer indemnifies Reset Internet Services for
any inability to provide services at any time.
4. Without limitation, Reset Internet
Services is not liable for any delay or failure in performance due to
reasons of Force Majeure, including; (a) acts of God, earthquake, fire,
floods, labor disputes, riots, terrorist attacks, war or epidemics. (b) Acts
or omissions of vendors or suppliers, changes in law or regulation, action
by government or other competent authority, transportation difficulties, or
other causes that are beyond the reasonable control of Reset Internet
Services.
5. You acknowledge that at times the
number of users using the service will mean the service is slower or more
limited than at other times or temporarily not available.
6. You acknowledge that using the
dialup modem service that there is no Guarantee of line availability.
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VIII. TERMINATION.
1.
You agree that, notwithstanding anything herein to the contrary, you or
Reset Internet Services may terminate this Agreement for any reason at any
time.
2. You agree
that your only right with respect to any dissatisfaction with (a) any
agreement term, policy, or practice of Reset Internet Services in operating
the Access Service, (b) any Content available on or through the Access
Service or change therein, or (c) amount or type of fees or billing methods,
or change therein, is to terminate this Agreement as set forth in Paragraph
1 of this section.
3. You agree
that Reset Internet Services has the right, but not the obligation, to
delete all program, data, or other files on Reset Internet Services computer
servers that are associated with your account at the time of termination.
4. Only the
person whose name is on the account shall have the right to change the user
id(s) and/or password(s) for the account, and/or cancel an existing account.
Some restrictions may apply to your selection of user id.
5. The
following fees and charges are non-refundable: Web and
Publishing/Development Fees, Domain registration fees, Static IP charges,
and any shipping and handling charges.
6. You
understand and agree that Reset Internet Services has the right to suspend
your dial-up service if you are delinquent in payment of any other Reset
Internet Services service. If you are a pre-paid dial-up service subscriber,
Reset Internet Services reserves the right to apply any pre-payments on your
dial-up account to other delinquent services on your Reset Internet Services
account.
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IX. MISCELLANEOUS.
1.
You agree that this Agreement and Reset Internet Services Online Policies
(which are incorporated by reference) comprise the entire understanding
between Reset Internet Services and you, and supersede any prior agreements
or correspondence between you and Reset Internet Services and/or any
postings or other notices from Reset Internet Services with respect to the
subject matter of this Agreement.
2. You agree
that, if any portion of this Agreement (including Reset Internet Services
Online Policies) is held invalid or unenforceable, that portion will be
construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining portions will
remain in full force and effect.
3.
This agreement is governed by the law in
force in the State of New South Wales, and the parties irrevocably submit to
the non-exclusive jurisdiction of the courts of New South Wales and courts
of appeal from them for determining any dispute concerning this agreement.
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X. ADSL
CIRCUITS
Installation
1. The Customer indemnifies Reset Internet Services and its
Contractors against any claim by the owner or occupier of the ADSL circuit
premises, or any person, in relation to the provision or installation of
ADSL circuits or: (a) Disruption in the delivery of the Consumer telephone
service, (b) Cancellation of the ADSL circuit for any reason, (c) Suspension
of the ADSL circuit to particular Internet Protocol (IP) addresses or (d)
Refusal by Reset Internet Services to provide circuits on the nominated
analogue telephone line.
2. The Customer warrants that the nominated Consumer is the same
Consumer of this ADSL circuit and agrees that the Installation of the ADSL
circuit may cause temporary disruption to the standard telephone service
nominated by the Consumer.
Technical
3. ADSL circuits are available in (3) three grades: Residential
Grade, Business Grade and Premium Grade.
4. ADSL circuits are available in (4) four theoretical speeds which
may only be achievable under ideal conditions.
(a) 256Kbps/64Kbps, 512Kbps/128Kbps, 1.5Mbps/256Kbps asymmetric (faster
downstream than upstream) configurations and: (b) 515Kbps/512Kbps (equal
downstream and upstream) configuration:
5. Theoretical speeds may not be achievable for reasons which include
but are not limited to:
(a) Carrier line interference, (b) Internet Congestion, (c) Aggregation, and
(d) errors in the configuration of Consumer equipment.
6. Additional Carrier features may interfere with the ADSL circuit
including but not limited to: (a) Customer Loop Metering, (b) InContact, (c)
Line Hunt, (d) OnRamp, (e) Payphone and (f) Siteline. Any other telephony
equipment used on the same line as the ADSL circuit must be isolated from
interference by the use of an appropriate line filter.
7. Due to technical limitations by the Carrier, ADSL circuits can
only be provided on a “Qualified Pair” telephone line, as described and
determined by the Carrier.
8. Should the Consumer cancel or modify their telephone service
provided by the local loop, the ADSL circuit will also cease to function.
9. All equipment connected to ADSL
circuits must be of a suitable quality and approved by Austel.
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XI. HOSTING
SERVICE.
ARCHIVING OF DATA
Reset Internet Services will archive the Customer's data onto backup
mechanisms on a regular basis for the purposes of disaster recovery.
In the event of equipment failure or data corruption, Reset Internet
Services will restore from the last known good archive.
In the event of corruption of all of Reset Internet Services's
archives, or in the event that an old archive is used to restore data, the
Customer should be prepared to upload its data to its web site.
Reset Internet Services will not be liable for incomplete,
out-of-date, corrupt or otherwise deficient Customer data recovered from
Reset Internet Services backups.
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XII. ACCEPTANCE BY
USER.
1.
I accept the terms of this Internet Access Agreement and agree to be bound
by its terms.
RESET INTERNET SERVICES
ONLINE POLICIES
Reset Internet Services
dedication to customer service means that Reset Internet Services strives to
maintain an Internet Access Service ("Access Service") that provides Reset
Internet Services customers with an enjoyable Internet experience, and an
experience that is free from interference by persons who use the Access
Service in an improper or unlawful manner. Reset Internet Services Online
Policies address frequently asked questions regarding proper online conduct.
These policies include information on: Reset Internet Services Account
Charges; the content of the material that you may find on or through the
Access Service; goods and services available online through the Access
Service; and procedures for reporting complaints regarding a person’s online
conduct.
Reset Internet Services Online Policies,
including the following list of Prohibited/Abusive Activities, are part of
your subscriber agreement. Please note that if you engage in any such
activities, Reset Internet Services may suspend or terminate your account.
As explained in your subscriber agreement, your
use of Reset Internet Services Internet Access Service must be governed by
all applicable laws and regulations, including all applicable local, state,
national, and international laws and regulations. In addition to other
applicable laws, this includes all laws relating to copyright, trademark,
trade secrets, obscenity, defamation, rights of privacy and publicity, false
advertising, and fraud.
In addition to such laws and regulations, when
using the Access Service you must use your best efforts to avoid interfering
with any other person’s use and enjoyment of the Access Service. You must
also ensure that your use of the Access Service is governed by generally
accepted rules of proper Internet conduct.
Please use your best judgment, be respectful of
other subscribers, and take the time to review the activities listed below.
These activities are not proper Internet conduct and are prohibited
activities on the Access Service. Following these rules will ensure that
everyone has an enjoyable Access Service experience.
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1. PROHIBITED / ABUSIVE
ACTIVITIES
For purposes of the
Prohibited/Abusive Activities, the term "content" means information or
material of any type capable of being posted or transmitted on or through
the Access Service, including material in print, graphic, pictorial audio,
or audio-visual form.
When using the Access Service:
(a) Defamation. You agree not to
post or transmit any content in violation of any applicable law of libel
or defamation in Australia or elsewhere.
(b) Fraud. You agree not to post
or transmit any fraudulent content on or through the Access Service.
This includes any content that you know or have reason to know is false,
and that you intend for others to rely on.
(c) False Advertising. You agree
not to post or transmit on or through the Access Service any advertising
or promotional materials that contain false, deceptive, or misleading
statements, claims, or representations.
(d) Unsolicited Advertising. You
agree not to post or transmit any unsolicited advertising, promotional
materials, or other forms of solicitation to other subscribers,
individuals, or entities, except in those areas (e.g., classified
advertisement areas) that are designated for such a purpose. You further
agree not to involve or associate Reset Internet Services in any way
with the posting or transmission of unsolicited advertising, promotional
materials, or other forms of solicitation, including but not limited to
unsolicited advertisements sent from another service provider
advertising an Reset Internet Services-hosted web page, and unsolicited
advertisements sent from another service provider which request that
replies be sent to an Reset Internet Services email address.
(e) Copyright Violations. You
agree not to post or transmit on or through the Access Service any
content that infringes another person’s or entity’s copyright in all or
any part of the content.
(f) Trademark, Service Mark, and Trade
Dress Violations. You agree not to post or transmit on or through
the Access Service any content that infringes, dilutes or otherwise
violates another person’s rights in its trademarks, service marks, trade
dress, or other indicia of origin.
(g) Trade Secret Violations. You
agree not to post or transmit on or through the Access Service any
content that reveals trade secrets or other confidential or proprietary
information belonging to another person or other entity.
(h) Obscenity. You agree not to
post or transmit any obscene or pornographic content, including, but not
limited to, child pornography, on or through the Access Service.
(i) Harassment, Threats, and Abuse.
You agree not to use the Access Service to harass, intimidate, threaten,
or abuse any person or entity, by any means, including the use of
vulgar, hateful, racially or ethnically offensive, sexually harassing,
or otherwise objectionable content.
(j) False Pretenses. You agree to
not use the Access Service to impersonate any person, including but not
limited to, an Reset Internet Services official or an information
provider, guide, or host, or communicate under a false name or a name
that you are not entitled or authorized to use in all forms of online
communication, including, but not limited to, screen names, subscriber
profiles, chat dialogue, and message posting.
(k) Chain Letters. You agree to
not post or transmit chain letters, or letters or messages that offer a
product or service based on the structure of a chain letter, on or
through the Access Service.
(l) Inappropriate Content. You
agree not to post or transmit on or through the Access Service content
that is patently inappropriate material under the circumstances -- e.g.,
content or topics not related to the topics focused on by the
participants in a particular news group or mailing list.
(m) Scrolling. You agree not to
cause the screen to "scroll" faster than other subscribers or users are
able to type to it, or any action to a similar disruptive effect on or
through the Access Service.
(n) Disruptive Activities. You
agree not to use the Access Service to disrupt the normal flow of online
dialogue, or otherwise act in a manner that negatively affects use of
the Internet by other subscribers, users, individuals, or entities.
(o) Violations of Service Providers’
Rules. You agree to not use the Access Service to violate any
operating rule, policy, or guideline of any other online service
provider or interactive service.
(p) Multiple Access. You agree
that this Agreement is not transferable. You agree not to simultaneously
access the Access Service for more than one session at any time.
(q) Abuse of Reset Internet Services
Procedures. You agree not to make false or unverified complaints
against any Reset Internet Services subscriber, or otherwise abuse any
of Reset Internet Services Complaint Response Procedures.
(r) Systems Abuse. You agree not
to abuse Reset Internet Services system, or any other system accessible
through the Internet via Reset Internet Services, by causing any harm to
the system so that it inhibits or negatively impacts the ability of
other users to effectively use such system. You further agree not to
compromise or attempt to violate security at Reset Internet Services or
elsewhere, including but not limited to, attempted access of any data,
server, or account that you are not expressly authorized to access.
(s) SPAM. You agree not to post or
cross post, regardless of content, copies of the same message to 20 or
more newsgroups.
(t) Support Abuse. You agree not
to harass, threaten or abuse authorized representatives of Reset
Internet Services, including but not limited to tech support
representatives, customer relations representatives, and sales
representatives, or otherwise abuse Reset Internet Services support
services.
(u) Inappropriate software, products,
and services. You agree not to post, transmit, promote, or otherwise
make available any software, product or service that is illegal,
violates the rights of Reset Internet Services or a third party, or is
designed to violate this Agreement. Such software, products or services
include, but are not limited to, programs designed to send unsolicited
advertisements (i.e. "spam ware"), services which send unsolicited
advertisements, programs designed to initiate "denial of service"
attacks, mail bomb programs, and programs designed to gain unauthorized
access to networks on the Internet.
(v) Reselling. You agree not to
resell Reset Internet Services or products without an express written
agreement with Reset Internet Services to do so.
(w) Theft of Service. You
acknowledge that the right to the use of, and any benefits that may be
derived from, the Access Service is personal to you and is being
provided by Reset Internet Services as partial consideration of your
agreement to pay the charges applicable to your account. You agree not
to connect the Access Service or allow the Access Service to be
connected by others to any other computers, located either on or outside
your premises, than are reflected on your Access Service account with
Reset Internet Services. The Access Service may not be used to
facilitate or operate as an Internet Service Provider, “Wi-Fi” network
or “hot-spot”, and you further agree not to distribute, resell, share or
otherwise allow others to utilize the Access Service, either free of
charge or for consideration. You acknowledge that any unauthorized
receipt of the Access Service constitutes theft of service, which is a
violation of Federal law and can result in both civil and criminal
penalties. Reset Internet Services will prosecute violations to the
fullest extent of the law.
(x) Unlimited Hours.
User agrees to allow
Reset Internet Services to
force a 30 minute idle timeout and five hour maximum session on their
dial-up account. Attempts to defeat the idle timer using a ping bot or
system tool, or the use of a redialer to automatically reconnect once
disconnected is prohibited. Inactivity is defined as less than 500 bytes
of data transferred between User's modem and the Service. User
understands that unlimited service does not mean dedicated service.
Dedicated service shall be defined as an average of more than ten
channel hours a day, based on a thirty day calendar month usage report.
User may be blocked and/or forced to upgrade to continue service if
their account is used as a dedicated connection. Although we advertise
"Unlimited Hours" in regards to some of our Dial-Up services, there are
several limitations applied. The sole purpose of these limitations is
intended to limit the amount of unnecessary use, in our sole discretion,
of our services by any such User, which restricts overall system
availability for other such Users.
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2. CONTENT OF ONLINE
MATERIAL.
Reset Internet Services
Internet Access Service provides access to information, communications,
software, photos, video, graphics, music, sounds, services and other
material located both on Reset Internet Services computer servers and on the
Internet ("Content"). You should be aware that the Internet contains
Content, goods and services that you may find improper, inaccurate,
misleading, defamatory, obscene or otherwise offensive. Such Content may not
be appropriate for you or for any minors who may be accessing the Internet
through your account.
As a matter of policy, Reset Internet Services
does not pre-screen Content placed on Reset Internet Services computer
servers by any of its subscribers. Moreover, Reset Internet Services does
not have the practical ability to monitor, review, or restrict access to
Content on Reset Internet Services servers prior to its transmission or to
monitor all communications between parties. Thus, there may be Content on
Reset Internet Services servers which may violate Reset Internet Services
rules, and you may receive offensive and unsolicited Content that Reset
Internet Services cannot control.
Reset Internet Services retains the right to
remove Content from Reset Internet Services servers that violates its
subscriber agreement (including these On-Line Policies). In particular,
Reset Internet Services reserves the right to remove or block access to
material if it receives appropriate notice that such material infringes the
proprietary rights of a third party, has actual knowledge of such
infringement, or is aware of facts or circumstances from which infringement
is apparent. However, the Access Service provides access to users who are
not a part of Reset Internet Services Access Service and Reset Internet
Services does not have the capability to monitor, review, remove or restrict
access to any Content made available by third parties on the Internet.
Accordingly, Reset Internet Services cannot be
responsible for any conduct, Content, goods, and services available on or
through the Access Service. Reset Internet Services suggests that concerned
parents consider using one of the commercially available software programs
capable of restricting access to sexually explicit material on the Internet.
However, no parental control software is perfect. Your use of such software
is solely at your own risk. Reset Internet Services makes no warranties or
representations as to the accuracy, completeness, or usefulness of any
parental control software or service.
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3. PRIVACY OF
COMMUNICATIONS.
Reset Internet Services
intends to respect its subscribers’ privacy and will not randomly monitor or
disclose the contents of private e-mail or private chat room communications.
However, you agree that Reset Internet Services has the right, but not the
obligation, to monitor or disclose the contents of private communication, if
Reset Internet Services, in its sole discretion, reasonably believes that
such action is necessary: (a) to comply with applicable law or valid legal
process; (b) to protect Reset Internet Services rights or property; or (c)
in emergencies when a person’s physical safety is at issue.
In addition, Reset Internet Services reserves
the right under appropriate circumstances to disclose the identity of a
subscriber to third parties in response to a valid legal subpoena and to
otherwise cooperate with legitimate police inquiries and lawful civil
proceedings.
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4. ONLINE GOODS AND
SERVICES.
Reset Internet Services does
not control or take responsibility for any Content, goods, or services which
independent third parties may available on or through the Access Service.
Subscribers may receive blind opportunity advertisements, pyramid schemes,
and other "get rich quick" schemes on or through the Access Service. These
should be avoided or approached with ample scepticism. Please remember that
Reset Internet Services does not endorse, warrant, or guarantee the
accuracy, completeness, usefulness, quality, or availability of any such
Content, goods, or services, and your use thereof is solely at your own
risk.
You should use your best judgment and exercise
caution when purchasing a product or service through the Access Service. Reset
Internet Services will not be a party to, or in any way be responsible for,
monitoring any purchases or other transactions between you and any other persons
providing Content, goods, or services on or through the Access Service. Reset
Internet Services assumes no responsibility for any such transactions and will
not mediate disputes relating to such transactions. Reset Internet Services
disclaims any responsibility for any such transactions even where the Access
Service features or displays a link with a particular World Wide Web site.
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5. ACCOUNT CHARGES.
Your monthly account charges
are payable in advance. If you terminate your account, you will receive a
prorated refund for any access time credited to your account, less
applicable termination fee. However, if your account is terminated by Reset
Internet Services because of violations of Reset Internet Services
subscriber agreement (including these Online Policies), you will not be
entitled to a prorated refund, such forfeiture being agreed to you and Reset
Internet Services as liquidated damages and not as a penalty and you may be
subject to a termination fee.
You are responsible for all activities and
charges associated with your account. If any unauthorized charges are made
on or through your account, you are responsible for such charges until you
notify Reset Internet Services of a breach of security by calling Reset
Internet Services at 02 65415000 and change your password. Please be advised
that the contact person or listed owner of the Reset Internet Services
Internet Account is solely responsible for activities conducted through, on
or with their Reset Internet Services Internet Account, including activities
by other persons (including minors) whether or not authorized by such
contact person or listed owner. If you, or someone to whom you have given
access to your account, violates the Reset Internet Services Internet Access
Agreement, your account may be terminated.
If you pay by credit card, you expressly
authorize Reset Internet Services to charge the credit card account number
associated with your Account for any Access Service charges that accrue from
month to month, biannually, annually, or any other subscription term. You
reauthorize Reset Internet Services to charge your designated credit card
account each time you use the Access Service. This authorization will remain
valid until you terminate your authorization in writing. Reset Internet
Services may immediately terminate your account, in Reset Internet Services
sole discretion, for declined credit cards, returned checks, or any other
non-payment of account charges.
Your first billing cycle will begin on the date
you purchase the Access Service and will continue until the end of the same
month. A new billing cycle will begin on the 1st day of every month there
after.
If you pay other than by credit card, your
account charges are due on your receipt of an invoice, and payment of your
account charges must be received by Reset Internet Services prior to the
seventh (7) day of each new billing cycle. Your account will be
considered to be in default if payment of your account charges is not
received within seven (7) days after the date of your invoice. If your
account is still unpaid seven (7) days after the date of your invoice, you
may have your Access Service interrupted or terminated.
If any instrument received in payment is
returned to Reset Internet Services unpaid, your account will be considered
to be in default, and in addition to the amount due, you will be subject to
a returned cheque charge of $25.00. If your account is cancelled or
interrupted for non-payment, you must continue to pay your monthly account
charges. Only your written request to terminate your account will relieve
you of your obligation to pay your monthly account charges.
If your account is in default, you are subject
to an interest charge of 1.5 percent per month, or the maximum allowable
rate under state law. If you default on your account, you agree to pay Reset
Internet Services its reasonable expenses, including attorneys’ fees and
collection agency fees, incurred in enforcing Reset Internet Services rights
under Reset Internet Services Internet Access Agreement.
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Liability for
Misrepresentations.
Please note that any person
who knowingly misrepresents to Reset Internet Services that material is
infringing shall be liable to Reset Internet Services and/or the alleged
infringer for any damages (including costs and attorneys’ fees) suffered or
incurred by Reset Internet Services and/or the alleged infringer as a result
of Reset Internet Services relying on such misrepresentation and removing or
disabling access to such material.
Similarly, any person who knowingly
misrepresents to Reset Internet Services that the material was removed or
access blocked by mistake or misidentification shall be liable to Reset
Internet Services and/or the copyright owner or its authorized licensee for
any damages (including costs and attorneys’ fees) suffered or incurred by
Reset Internet Services and/or the copyright owner or its authorized
licensee as a result of Reset Internet Services relying on such
misrepresentation and replacing such removed or blocked material.
IF YOU HAVE ANY QUESTIONS REGARDING THESE
POLICIES, YOU CAN CALL
RESET INTERNET SERVICES
CUSTOMER SERVICE DEPARTMENT AT 02 65415000.
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