The following are the rules that govern use of an A&R Internet Services account. By virtue of having an A&R Internet Services account, you agree to these terms of service and are bound by them. If you do not agree with the terms of service, please contact our Customer Support Department at 8351 1200 to cancel your account.
Effective April 1st, 2002
A&R Internet Services agrees to provide to you dial-up access, via the A&R Internet Services Network, to the Internet and related services, such as web site hosting services and e-mail, as per the conditions of your specific account type and these Terms (the 'Service').
CAREFULLY READ the terms of this agreement which governs your use of the A&R Internet Service. A&R Internet Services Pty Ltd may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a posting on the A&R Internet Services Home Page (http://www.aandr.com.au/terms.html), electronic mail, or conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your membership as provided in Section 34 below. Your continued use of the A&R Internet Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
A&R Internet Services grants to you ("Member") a non-exclusive, non-transferable right to access, use and display the A&R Internet Service on any machine(s) of which you are the primary user. A&R Internet Service is provided on an AS IS, AS AVAILABLE basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY A&R Internet Services, ITS EMPLOYEES, LICENSORS OF THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
You understand that, except for information products or services clearly identified as being supplied by A&R Internet Services Pty Ltd, neither A&R Internet Services, nor any of its affiliates, operates or controls any information, products or services accessible through the A&R Internet Service in any way. Except for such A&R Internet Services identified information, services or products, all merchandise, information and services offered or made available or accessible through the Service are offered or made available or accessible by third parties who are not affiliated with A&R Internet Services or its affiliates.
You expressly agree that use of the A&R Internet Service is at your sole risk and you agree that any information, service or product accessible through the Service is without warranties of any kind by A&R Internet Services and it's affiliates, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
A Member may order and purchase merchandise or services from other Members and users of other communications outlets including the Internet. Member acknowledges that all transactions concerning third party (Seller) merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Member. A&R Internet Services makes no warranties or representations whatsoever with regard to any goods or services provided by Seller. A&R Internet Services shall not be a party to a transaction between Member and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or Member.
Under no circumstances, including negligence, shall A&R Internet Services, or anyone else involved in creating, producing or distributing the A&R Internet Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the A&R Internet Service. including but not limited to reliance on any information obtained on the A&R Internet Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorised access to A&R Internet Services' records, programs or services. YOU HEREBY ACKNOWLEDGE that this PROVISION SHALL APPLY WHETHER OR NOT A&R INTERNET SERVICES IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND that this PROVISION SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE A&R INTERNET SERVICE.
Member is responsible for all charges (e.g., telephone) associated with connecting to the A&R Internet Service through an available access number. Member is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the A&R Internet Service.
Member certifies to A&R Internet Services that he/she is not a minor. (A minor's parent or legal guardian may authorise a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, Member agrees to provide A&R Internet Services with accurate, complete, and updated information required by the registration to the A&R Internet Service (Member Registration Data), including Member's legal name, address, telephone number(s). Member agrees to notify A&R Internet Services within thirty (30) days of any changes in Member Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the A&R Internet Service.
Accounts/Charges/Payment
This Agreement applies to all accounts, sub-accounts, alternative account names associated with Member's principal account. Each Member is responsible for the use of his/her/its account(s) under any name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her/its account(s). An A&R Internet Service account may not be transferred without prior written approval from A&R Internet Services and is subject to any limits established by A&R Internet Services.
Member is responsible for maintaining the confidentiality of his/her/its passwords. Member is responsible for all activities and charges resulting from use of Member's principal account with the A&R Internet Service. Member agrees to pay all monthly membership fees, connect time charges, surcharges, applicable taxes and other charges incurred by Member and/or his/her/its designated users. In the event of a breach of security, Member will remain liable for any unauthorised use of the A&R Internet Service until which time the Member notifies A&R Internet Services by calling 8351 1200.
Current rates for using the A&R Internet Service may be obtained by calling 8351 1200 or through A&R Internet Services' Home Page at "http://www.aandr.com.au". A&R Internet Services reserves the right to increase fees, surcharges, monthly membership fees or to institute new fees at any time upon seven (7) days prior notice. A&R Internet Services may reduce these fees at any time without notice to Member. In the event that a Member's account is terminated or cancelled, on-line time credited to Member's account is not convertible to cash or other form of credit. If A&R Internet Services does not receive the full amount of Member's A&R Internet Service account balance within thirty days (30) days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance will be added to Member's bill as a late charge each month and shall be due and payable. Member shall also be liable for all attorney and collection fees arising from A&R Internet Services' efforts to collect any unpaid balance of Member's account(s).
YOU UNDERSTAND that information available to you through the A&R Internet Service may include MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. A&R Internet Services HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
Member recognises that he or she is solely responsible for the content of any information Member makes available through the Service and that A&R Internet Services will not monitor the Service to examine the content passing through it. Member agrees that if A&R Internet Services is made aware of content that A&R Internet Services deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, A&R Internet Services has the right, but not the obligation, to remove or deny access to such content. This includes, but is not limited to, Personal or Commercial Web Page content of the Member. Member expressly agrees that A&R Internet Services shall not be liable to Member for any action A&R Internet Services takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third-party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Member recognises that A&R Internet Services' actions with respect to all such material may include restriction, suspension or termination of Member's access privileges and/or deletion of the objectionable material.
Material accessible to Member through the A&R Internet Service may be copyrighted. Except as expressly permitted by the copyright holder of the material, neither Member nor Member's designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any material which they access or receive through the Service.
You agree that you will use the Service in a responsible manner. In particular, and without limiting this clause, you agree that when using the Service, or providing information to us in relation to the Service, you will not, nor will you allow others to;
Distribute, publish, or provide any material that is defamatory, harassing, obscene or illegal under any applicable law, rule, regulation, standard or code of practice; or
Distribute, or provide use of material that you have no right to distribute, use, or provide (for example, a third person's intellectual property rights); or
Cause a nuisance to any person or incite violence or racial hatred or facilitate prostitution or pedophilia; or
Commit a crime or facilitate the committing of a crime; or
Engage in any activity which is in breach of, or fails to comply with, any applicable rule, regulation, standard or code of practice; or
Perform or facilitate the mass distribution of advertising material or any other material; or
Use the Service, or invite or direct persons to use the Service, to access any content which it is illegal to publish; or
Fail to clearly identify any material which is advertising or adult only material so that third persons can make an informed decision whether to access that material or not; or
Fail to maintain the security and confidentiality of any accounts, identifiers or passwords provided to you relating to the Service, and you must change your account, identifier or password immediately on request to do so from us; or
Cause or help to cause the security or integrity of the Service or any other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way.
You agree that you will comply with any rules imposed by any third party whose content or services you are accessing or using, or any policy adopted by A&R Internet Services and that you will not use the Service in a manner which is likely to expose A&R Internet Services to any liability.
You acknowledge that from time to time the Australian Broadcasting Authority (ABA) may direct A&R Internet Services to remove from its servers any prohibited Internet content. A&R Internet Services may also be directed to prevent users of our network accessing any such content. A&R Internet Services may and will take any steps necessary to ensure compliance with any ABA directive or industry code of practice.
You will not resell the service or in any way assign your rights to use the service to any third party.
You are responsible for any and all telecommunications charges associated with your use of the service including any support services.
To the extent allowed by law, A&R Internet Services is not liable to you or any third party claiming through you, for any loss, damage or costs sustained by you or any third party in relation to your use of the Service, including but not limited to;
Any delay or failure by us to transmit any data; and
Any difficulty or failure by you in receiving data; and
Any erasure or corruption of any data; and
Any consequential loss including loss of profits or business; and
Any other event or factor occasioning loss or damage to you or a third party.
Should A&R Internet Services be found under any applicable law to be liable to you in any way, such liability will, to the extent allowed by law, be limited at to the cost of providing the Service again, or the amount of any pre paid access to the Service not used.
A&R Internet Services does not make any representations or warranties regarding the suitability, reliability or your right to use or distribute, any software provided to you by A&R Internet Services. This includes but is not limited to:
"Set up" software and associated applications; and
Any application or driver/firmware upgrades.
A&R Internet Services provides Technical and Customer support. You acknowledge that that support is offered free of charge and that A&R Internet Services makes no representation or warranty as to the accuracy of the Support offered. Further, you indemnify A&R Internet Services against any loss or damage incurred by you as a result of your use of the Support offered.
You indemnify A&R Internet Services against any costs, expenses, loss or liability we may incur resulting, directly or indirectly, from:
Any breach of these Terms by you; or
Any use or misuse of the Service by you or any third party using your account.
Recovering monies owed by you to A&R Internet Services.
A&R Internet Services reserves the right to terminate or suspend your account, at our sole discretion, in the event of any breach of these Terms by you or anyone using your account. Such termination or suspension may be without notice to you.
A&R Internet Services may suspend your account for technical reasons and will attempt to provide notice to you if this is necessary. It may not be possible to provide notice to you of a suspension of your account due to technical reasons.
A&R Internet Services may suspend or terminate your account for any reason on 24 hours notice to you.
You must provide a minimum of 31 days notice if you wish to terminate your account.
If your account is terminated for whatever reason you must pay any and all outstanding fees and charges immediately.
A&R Internet Services may make any disclosure of your personal information that A&R Internet Services is required to make by law.
Member specifically agrees that he/she/it will not utilise the A&R Internet Service, A&R Internet Services's equipment or any A&R Internet Services electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more USENETs or newsgroups in a single day. For each day upon which this provision is violated, Member agrees to pay A&R Internet Services damages to compensate for the lost goodwill such a violation causes. Member agrees to pay A&R Internet Services $10 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, A&R Internet Services may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay A&R Internet Services $200 per day. A&R Internet Services at its sole discretion shall determine whether a violation was unintentional or willful. Payment by member under this provision shall not prevent A&R Internet Services from seeking to obtain other legal remedies against member, including other damages or an injunction. A&R Internet Services reserves the right to disable and/or cancel the Member's account at its own discretion.
Member acknowledges that A&R Internet Services shall not maintain more than 5 MB of electronic mail storage for member and that Member is responsible for ensuring that the level of electronic mail storage remains below this 5 MB limit. Member expressly agrees that A&R Internet Services shall not be liable to Member or parties interacting with Member for any damages resulting from action A&R Internet Services takes to enforce this provision. Member agrees to pay any fees for removing large amount of email from his/her/its account.
Member agrees that any personal web page or site Member publishes in connection with the A&R Internet Service is intended for personal use. If accesses to personal web pages draw sufficient third party visits ("hits") to the page or site may impose a burden on the Service by reducing available bandwidth. To ensure that all Members can use and enjoy the Service, Member agrees that A&R Internet Services is entitled to suspend or terminate access to any Member's web page or site if A&R Internet Services determines that the page or site has, on any single day, received download traffic of twenty megabytes (20,000K) or more. Member expressly agrees that A&R Internet Services shall not be liable to Member or parties interacting with Member for any damages resulting from action A&R Internet Services takes to enforce this provision.
Member acknowledges that the A&R Internet Service is intended for periodic, active use of electronic mail, usenet newsgroups, file transfers via ftp, internet relay chat, interactive games and browsing of the world wide web. With the exception of a permanent connection or any third party room hosting, members agree not to use to the A&R Internet Service to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers or web servers. Member further agrees not to use the A&R Internet Service on a standby or inactive basis in order to maintain a connection. Automated electronic or mechanical processes employed to maintain a constant connection such as use of an auto-dialler, persistent checking of e-mail or "pinging" the host are expressly prohibited. Member agrees that A&R Internet Services may terminate member's connection if the Member has run out of credit, as determined by A&R Internet Services. A&R Internet Services will allocate system resources to provide the best possible service to all members. A&R Internet Services reserves the right to limit, restrict or prioritise access to system resources, including cpu time, memory and disk space.
Member recognizes that this Agreement continues only for so long as the parties' mutually agree to continue it. Either Member or A&R Internet Services may terminate the Agreement and Member's Membership at any time for any reason or no reason. A&R Internet Services may also restrict, suspend or terminate, without notice, Member's access to and use of the A&R Internet Service upon any breach of this Agreement. In the event of any termination for breach of this Agreement, Member shall not establish a new membership with A&R Internet Services for one year from the date of termination. Member's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of A&R Internet Services in operating the A&R Internet Service, any change in the content of the A&R Internet Service, or any change in the amount or type of fees charged in connection with the A&R Internet Service, is to terminate Membership by delivering notice to A&R Internet Services, effective the day A&R Internet Services receives notification of termination or any future date specified which is acceptable to A&R Internet Services. Upon termination of this Agreement, Member shall have no right (a) to obtain any credit(s) otherwise due to Member, and such credit(s) will be forfeited, (b) to access through A&R Internet Services any materials stored on the Internet or (c) to access any third-party providers of services, merchandise or information on the Internet through A&R Internet Services, and A&R Internet Services shall have no responsibility to notify such third-party providers nor shall A&R Internet Services have any responsibility for any damages that result from the lack of such notification. For unused accounts please refer to clause 42.
Upon request of A&R Internet Services, Member agrees to defend, indemnify and hold harmless A&R Internet Services, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorneys fees, arising out of or relating to Member's use of the A&R Internet Service.
A&R Internet Services reserve the right to impose, vary, amend and/or restrict usage of the monthly flat rate account based on disconnection daemon rules, time used, data received, and/or call duration both without notice and at its own discretion.
The A&R Internet Services Privacy Policy is at http://www.aandr.com.au/privacy. Member consents to being contacted by A&R Internet Services for the purposes listed in the A&R Internet Services Privacy Policy.
Member acknowledges that A&R Internet Services reserves the right to renew or not renew any account at its sole discretion and without justification or correspondence.
Interpretation and enforcement of this agreement shall be governed by the laws of the state of South Australia.
This Agreement constitutes the entire agreement between you and A&R Internet Services with respect to the A&R Internet Service and supersedes all prior agreements between you and A&R Internet Services. A&R Internet Services' failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
A&R Internet Services has the right to cancel any 'unused' account after a period of 12 months. An 'Unused' account by definition is one that has not been dialed into for the previous 12 months.
Any accounts that are unused for a period of 12 months will be deleted, regardless of whether they have any hours left or not.