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Dialup Internet Terms of Service
User Agreement
About this agreement
1. Your use of the Internet services ("Service") provided by Bribie Island Internet and our agents (in this agreement referred to as "our", "we" or "us") is subject to the terms and conditions of this agreement.
2. This agreement begins when we accept your registration application and continues until terminated by either party. You must not assign any of your rights under, this agreement to a third party
Our obligations
3. We will provide access to use the Service at all times, current identification and proper accounting, and notify you by electronic mail of any variation to this agreement or the charges payable by you.
4. We will make all reasonable efforts to ensure continuity of the Service, however our liability for negligence or downtime due to parts failure or circumstances out of our control causing to provide the Service or any part of it, is limited at our option to resupplying the Service to you, or crediting for said supply.
Our rights
5. Spam and virus filtering is a free service and generally applied to all email for diallup Internet users using our service. The filters are necessary in this age of spam pollution and is for the good of all users. Subsequently we are not responsible for any loss of email that may be trapped by these filters. Any user not wanting spam filtering can contact support and be added to a whitelist to avoid such filtering, in which case we will not be responsible for any inundation of spam mail or damage to computers by using our mail service.
6. We may delete any electronic mail message (whether read or unread) where the message has been stored for 30 days or more or where your mailbox storage exceeds 10 Mb, and we may delete any electronic mail messagesor disable applications to maintain continued Service.
7. If we delete any electronic mail messages under these terms we are not required to notify you or the sender of the message(s).
8. We may use information about you for internal accounting, support for connection troubleshooting or product development purposes but we will not disclose this information to outside parties unless you consent to such disclosure or if we are legally required to do so.
9. There are different fee structures for the use of the Service. You are able to view and select your Plan during registration process and change your Plan at any time. We may vary these Plans by giving one month’s notice, and may change your plan to one that better suits your usage.
10. Some Plans may have additional conditions as shown during the registration process which can also be viewed on our web site. You must comply with any additional terms and conditions that apply to the Plan that you select.
11. If in our opinion, you breach any term or condition of this agreement, or your connection is deemed to be a threat to the service due to virus or Trojan activity, we may suspend your access to the Service. You are not entitled to a credit or refund for loss of access during any suspension period.
Your obligations
12. You must nominate a current address and contact phone number and notify us of any changes to your account details.
13. You authorise us to charge all fees incurred for use of the Service through your member identification and password.
14. If you provide us with a credit card, you authorise us to obtain information from any financial institution or credit card issuer to verify the credit card details.
15. All accounts are to be paid in advance according to the prescribed Plan. Monthly accounts are renewable by anniversary date and not a fixed day of the month. If manual renewals are made by cash payment, then the user is responsible for renewing their account before the expiry date/hours run out, and to monitor usage using the "check usage" tools provided. If a credit card is nominated for payment, the card will be autobilled/debited for renewals until such time as that option is cancelled/altered by the user.
16. Support can be reached via the contact form on our web site or by telephone to either 3410-7200 during business hours or 3408-0216 after hours.
17. You are responsible for and must pay the cost of your telephone calls from your telephone to the telephone number of the dial in location. You are responsible for all equipment and software necessary to access the Service as well as for the security and integrity of your data.
18. All prices quoted on the Bribie Island Net web site are in Australian Dollars and inclusive of GST. As an Australian resident you authorise us to charge you an amount of GST and you agree to pay the amount of GST at the same time and in the same manner as the fees are payable.
19. You must not use obscene language, abuse, threaten or harass any Bribie Island Internet staff member or agent in person, via the telephone, fax or e-mail.
20. Your use of the Service is your responsibility and entirely at your own risk. We are not liable for any loss or damage that you or anyone else suffers as a result of using the Service
21. You acknowledge that some of the content accessible on the Internet is unsuitable for minors and you warrant that no minor will access the Service using your member identification and password unless they have your express permission and are under your personal supervision.
Limitations
22. You must not send or disclose your member identification or password to anybody other than us. You must not store your member identification or password in any form, whether coded or unencoded, in a location where it is capable of being read by anybody other than yourself.
23. You must not resell the Service (or any part of it) without prior written permission, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your membership identification and password to access the Service. You accept responsibility for all aspects of use of the Service by all persons using your member identification and password.
24. You must not use the Service for any activities which breach any laws or infringe a third party’s rights. You must not use the Service in a way which interferes with other users or defames, harasses or menaces anyone. You must not use the Service to send unsolicited or unwelcome electronic mail messages to anyone. You must not use, allow to be used or install any methods, devices or programs designed to probe, impair, deprive or foil any Internet service of their functions, billing or revenue.
25. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to the use of the Service by you or any other person using your membership identification and password.
26. Most 56k phone/modem plans provide for unlimited access and have no limit on hours, however these plans are not be used for persistent or continuous connections or the downloading of or illegal redistribution of content protected by Copyright. The use of mechanisms or special settings to evade session limits is prohibited and a breach of our service agreement. The user is to ensure that their sessions are in accordance with those as prescribed by their usage plan and to make any appropriate adjustments in their machine settings if required.
27. The service is provided for the benefit of all users, and as bulk spamming can result in our service being blocked from other services thus restricting the use of email, the sending of unsolicited email or bulk spamming while connected to our service or indirectly by stealth (traceable to our IP range) is strictly forbidden. Any breach of this rule may result in immediate cancellation of the account with a demand made for the payment of applicable restoration or data costs as decided by us.
Termination
28. Either party may end this agreement at any time by giving the other party 24 hours’ notice.
29. Ending this agreement does not affect the provisions regarding indemnity and limitation of liability. No credit will be given for any unused part of the service.
General conditions
30. Prepaid hourly plans are valid for up to 12 months and such accounts may be removed from the system if the last renewal is 12 months or older, except in the case where the prepaid hourly account has been inactive for 6 months: such inactive accounts may be removed from the system. Inactive monthly accounts that have notbeen renewed for 3 months may be removed from the system for securityreasons.
31. All internet accounts are preaid (paid in advance) and do not attract a setup fee. Consequently no refunds on all or part of the service can be claimed on cancellation.
32. We may assign any of our rights and obligations under this agreement at any time by giving you notice.
33. We may vary any terms or conditions of this agreement at any time. If we vary the terms and conditions in a manner which we reasonably consider would cause detriment to you we may do so by one month’s notice to you. Your continued use of the Service after such notice will constitute acceptance of the variation.
34. Notices under this agreement must be sent by prepaid ordinary post, by facsimile or by electronic mail, unless we specify an alternative means of giving notice in order to verify your identity. Any notice of cancellation of the Service must be given by telephone to our help desk.
35. This agreement is governed by the law in force in the State of Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning this agreement.
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  Phone: 07 3410 7200        Fax: 07 3410 7675         Cnr. Eucalypt Street & Benabrow Avenue, Bribie Island QLD