Location:
Dialup Terms & Conditions
Dialup Terms & Conditions
1. The Customer is the person named in the "Personal Details" section. By clicking on the check box on our signup page labelled 'YES, I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS' , you will be requesting Unisurf Internet to provide to the Customer a residential Internet dial-up service provided by Unisurf Internet, together with associated services and software such as email facilities, web space and customer support ("the Services"). If Unisurf Internet chooses to provide the Services to the Customer, the Customer agrees to be bound by these terms and conditions.
2. The Customer has requested Unisurf Internet to provide him or her with Internet access and Unisurf Internet agrees to do so on the terms and conditions set out below.
3. By entering into this agreement, the Customer represents to Unisurf Internet that he or she is at least 18 years old. Unisurf Internet may immediately terminate this Agreement if it comes to the attention of Unisurf that the Customer is less than 18 years old.
4. Unisurf Internet will provide to the Customer access to the Internet and use of one or more e-mail accounts ("the Customer Account(s)") via a designated login identification ("Customer Login").
5. The Customer and members of the customer's household are the only individuals who are authorized to use the Services.
6. The Customer:
7. The Customer is responsible for supervising all persons under the age of 18 years who use the Services. Unisurf Internet does not guarantee the suitability of material able to be accessed through the Services and recommends that Customers who have concerns in relation to Internet content accessed by children provide supervision or acquire filtering software.
8. The Customer must keep safe and confidential any access numbers, codes, passwords or other security information provided to them by Unisurf Internet and notify Unisurf Internet without delay of any disclosure of which he or she becomes aware.
9. The Customer is responsible for providing and maintaining all equipment and software necessary to access the Services.
10. The Customer must pay the Fees for the hours of Services to which he or she subscribes and any Additional Charges for excess Services, calculated in accordance with the pricing plan selected by the Customer, as set out on the Unisurf Internet website. All Fees are payable in advance, and Additional Charges are payable within 14 days of delivery of an invoice to the Customer by or on behalf of Unisurf Internet via e-mail. Unisurf Internet may charge interest at a rate of 10% per annum on any overdue Fees and Additional Charges from the date they fall due until the date of payment, inclusive. If no payment has been received by Unisurf Internet by the due date, the Customer authorises Unisurf Internet to directly debit monies owing to Unisurf Internet using the credit card account details provided by the Customer upon registration.
11. The Customer agrees to pay all taxes, duties, or levies, including any goods and services tax, which are incurred or payable by Unisurf Internet in providing the Services, whether or not they were applicable at the time this agreement commenced. The Customer authorises Unisurf Internet to increase the Fees and Additional Charges to include any additional or changed taxes, duties or levies from such time as the relevant tax, duty or levy comes into operation and in such amount as is applicable in accordance with the law.
12. To the extent permitted by law, Unisurf Internet will not be liable for any defect in the provision of Services which is caused by a reason beyond the reasonable control of Unisurf Internet. In particular (but without limitation) the Customer acknowledges that :
Unisurf Internet is not responsible for any software available on the Internet.
13. Unisurf Internet will use reasonable commercial endeavours to provide the Services continuously. However, Unisurf Internet makes no guarantees that access will be available at all times and, to the extent permitted by law, will not be liable for any losses whatsoever that may be incurred as a result of the unavailability of the Services. The Customer acknowledges that there may be a reduction in availability during periods of maintenance and enhancement of the Services.
14. The Customer indemnifies Unisurf Internet against any liability, claim, action, suit, demand, loss, cost or expense whatsoever (including third party claims) arising out of or in any way connected with a breach of this Agreement by the Customer, or use of the Customer Account(s), or the Customer Login.
15. The Customer must comply with the Rules made by Unisurf Internet from time to time, including (without limitation) rules as to conditions of use and terms of payment. The Rules, as varied from time to time, will apply as if they were set out in full as terms of this agreement. In particular, the Customer must comply with the Acceptable Use Policy (which forms part of the Rules and is set out below).
16. Unisurf Internet may alter the Rules at any time by written notice to the customer. A copy of the Rules certified by an officer of Unisurf Internet is conclusive evidence of the Rules applicable at any time.
17. The Customer must not do anything which may damage Unisurf Internet's equipment, software, setup or services.
18. The Customer acknowledges that to the extent permitted by law Unisurf Internet will not be liable for the Customer and the Customer releases Unisurf Internet from any liability in relation to:
14. The Customer indemnifies Unisurf Internet against any liability, claim, action, suit, demand, loss, cost or expense whatsoever (including third party claims) arising out of or in any way connected with a breach of this Agreement by the Customer, or use of the Customer Account(s), or the Customer Login.
15. The Customer must comply with the Rules made by Unisurf Internet from time to time, including (without limitation) rules as to conditions of use and terms of payment. The Rules, as varied from time to time, will apply as if they were set out in full as terms of this agreement. In particular, the Customer must comply with the Acceptable Use Policy (which forms part of the Rules and is set out below).
16. Unisurf Internet may alter the Rules at any time by written notice to the customer. A copy of the Rules certified by an officer of Unisurf Internet is conclusive evidence of the Rules applicable at any time.
17. The Customer must not do anything which may damage Unisurf Internet's equipment, software, setup or services.
18. The Customer acknowledges that to the extent permitted by law Unisurf Internet will not be liable for the Customer and the Customer releases Unisurf Internet from any liability in relation to:
(a) the accuracy, appropriateness or lawfulness of any information on the Internet, or
(b) any software obtained through the Internet, or
(c) any email transmissions, or
(d) any malicious code or activity delivered via the Internet.
It is the Customer's responsibility to evaluate the accuracy, completeness, usefulness, appropriateness and lawfulness of all opinions, advice, services and other information and the quality and merchantability of all merchandise provided through the Services or on the Internet generally.
19. The Customer's use of the Services and the Internet is entirely at the risk of the Customer. Unisurf Internet does not guarantee that the Services or material accessible via the Services are free of viruses, worms, trojan horses, or other harmful components.
20. To the extent permitted by law, the Customer must not use the Services to annoy, harass or harm other Internet users; or for any unlawful purpose or in any unlawful manner; or to access or transmit explicit materials; or for any other purpose that may be prescribed by Unisurf Internet or by applicable laws from time to time.
21. Any IP Address allotted to the Customer by Unisurf Internet, whether as a static address or dynamically allocated, remains the sole property of Unisurf Internet, and may be changed or revoked by Unisurf Internet at its discretion at any time, and is not transferable.
22. The Customer, and not Unisurf Internet, is liable for any telephone service charges incurred in respect of any telephone line used by the Customer to dial up Unisurf Internet's equipment and/or to use the Services.
23. Unisurf Internet may terminate or suspend the provision of Services immediately if the Customer breaches this agreement or the Rules, or fails to promptly pay any money owed to Unisurf Internet.
24. Subject to paragraph 23, either party may terminate this Agreement by providing 14 days' notice to the other party. Termination by the Customer does not preclude Unisurf Internet from taking action to recover any money owing to it at the time of termination.
25. Customers are only eligible to join if they are a student at a tertiary institution. In the event that Unisurf becomes aware that the customer is not a tertiary level student, Unisurf reserves the right to cancel the service immediately.
26. Pursuant to Australian state and federal consumer protection legislation, the Customer may have additional rights beyond those set out in these Terms and Conditions. Also, such legislation may imply additional terms or warranties in these Terms and Conditions which cannot be varied. Nothing in these Terms and Conditions is intended to be inconsistent with, or vary, such rights, terms or warranties.
27. The Customer authorises Unisurf Internet to delete without notice and without liability to Unisurf Internet any material found on the equipment owned or controlled by Unisurf Internet which is unauthorised, unlawful, obscene, excessive in volume, uncollected for an excessive period, in an unauthorised place or dangerous, or as Unisurf Internet otherwise sees fit without providing any reason. Not with standing this paragraph 27, the Customer acknowledges that Unisurf Internet is not obliged to monitor, review or edit any materials located on its equipment.
28. Unisurf Internet may make and keep any record it requires for the purpose of fulfilling its obligations under this Agreement or the Rules or for the operation of the Services.
29. These terms and conditions and the Internet Access Registration form the Rules and the Acceptable Use Policy form the entire agreement between the parties ("the Agreement"), and neither party relies on any term, condition, warranty, collateral contract, representation or promise set out in any other document, save for the provisions of any applicable legislation. Where there is an ambiguity between the various documents forming the agreement the following order of precedence shall apply:
20. To the extent permitted by law, the Customer must not use the Services to annoy, harass or harm other Internet users; or for any unlawful purpose or in any unlawful manner; or to access or transmit explicit materials; or for any other purpose that may be prescribed by Unisurf Internet or by applicable laws from time to time.
21. Any IP Address allotted to the Customer by Unisurf Internet, whether as a static address or dynamically allocated, remains the sole property of Unisurf Internet, and may be changed or revoked by Unisurf Internet at its discretion at any time, and is not transferable.
22. The Customer, and not Unisurf Internet, is liable for any telephone service charges incurred in respect of any telephone line used by the Customer to dial up Unisurf Internet's equipment and/or to use the Services.
23. Unisurf Internet may terminate or suspend the provision of Services immediately if the Customer breaches this agreement or the Rules, or fails to promptly pay any money owed to Unisurf Internet.
24. Subject to paragraph 23, either party may terminate this Agreement by providing 14 days' notice to the other party. Termination by the Customer does not preclude Unisurf Internet from taking action to recover any money owing to it at the time of termination.
25. Customers are only eligible to join if they are a student at a tertiary institution. In the event that Unisurf becomes aware that the customer is not a tertiary level student, Unisurf reserves the right to cancel the service immediately.
26. Pursuant to Australian state and federal consumer protection legislation, the Customer may have additional rights beyond those set out in these Terms and Conditions. Also, such legislation may imply additional terms or warranties in these Terms and Conditions which cannot be varied. Nothing in these Terms and Conditions is intended to be inconsistent with, or vary, such rights, terms or warranties.
27. The Customer authorises Unisurf Internet to delete without notice and without liability to Unisurf Internet any material found on the equipment owned or controlled by Unisurf Internet which is unauthorised, unlawful, obscene, excessive in volume, uncollected for an excessive period, in an unauthorised place or dangerous, or as Unisurf Internet otherwise sees fit without providing any reason. Not with standing this paragraph 27, the Customer acknowledges that Unisurf Internet is not obliged to monitor, review or edit any materials located on its equipment.
28. Unisurf Internet may make and keep any record it requires for the purpose of fulfilling its obligations under this Agreement or the Rules or for the operation of the Services.
29. These terms and conditions and the Internet Access Registration form the Rules and the Acceptable Use Policy form the entire agreement between the parties ("the Agreement"), and neither party relies on any term, condition, warranty, collateral contract, representation or promise set out in any other document, save for the provisions of any applicable legislation. Where there is an ambiguity between the various documents forming the agreement the following order of precedence shall apply:
(a) these terms and conditions
(b) the Acceptable Use Policy
(c) other Rules
(d) the Internet Access Registration form.
30. Any notice given about any matter concerning this Agreement may be given by facsimile, email or post at the last facsimile number, email or postal address notified to the sender and is deemed to have been received at the time when it would have arrived in the ordinary course of the relevant type of transmission. Notice may be given to the Customer through the Customer Account. The Customer is responsible for notifying Unisurf Internet of any change to his or her contact details.
31. The Customer must not transfer, assign, sell or share his or her rights or obligations under this agreement, except as authorised by Unisurf Internet in writing.
32. If Unisurf Internet fails to enforce strict performance of any provision of this Agreement it will not be assumed to have waived the performance of the provision.
33. The parties submit to the law of Victoria, Australia in relation to the interpretation of this Agreement, or any dispute arising out of it.
34. Although Unisurf Internet's dial-up services are available to 98% of Australians for the cost of a local call, it is the Customer's responsibility to check that calls made between the Customer's telephone service and the Unisurf access number used by the Customer are local calls. Despite the best efforts of Unisurf Internet and its staff, it is possible that the Customer may not be using the correct dial-in number to ensure local call access.
35. In some cases, the Customer may need to use the Telstra 1411 call prefix to ensure a connection is available between the Customer and Unisurf Internet.
36. Unisurf internet reserves the right to disconnect or separate into a separate pool the users that stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period).
31. The Customer must not transfer, assign, sell or share his or her rights or obligations under this agreement, except as authorised by Unisurf Internet in writing.
32. If Unisurf Internet fails to enforce strict performance of any provision of this Agreement it will not be assumed to have waived the performance of the provision.
33. The parties submit to the law of Victoria, Australia in relation to the interpretation of this Agreement, or any dispute arising out of it.
34. Although Unisurf Internet's dial-up services are available to 98% of Australians for the cost of a local call, it is the Customer's responsibility to check that calls made between the Customer's telephone service and the Unisurf access number used by the Customer are local calls. Despite the best efforts of Unisurf Internet and its staff, it is possible that the Customer may not be using the correct dial-in number to ensure local call access.
35. In some cases, the Customer may need to use the Telstra 1411 call prefix to ensure a connection is available between the Customer and Unisurf Internet.
36. Unisurf internet reserves the right to disconnect or separate into a separate pool the users that stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period).
Acceptable Use Policy
1. About the Policy
You means a subscriber to the Service, or any person who accesses the Service using the subscriber's access details;
Policy means this document, as may be amended by Unisurf Internet from time to time on 14 days notice;
Service means a residential Internet dial-up service provided by Unisurf Internet, together with associated services and software such as email facilities, web space and customer support.
2. When this Policy comes into effect
3. Security
3.1 Passwords
You must keep confidential the password you use to subscribe to the Service. You remain responsible for any use of the Service made using your password.
3.2 Unauthorised access
You must not attempt to obtain unauthorised access to any computer system, including unauthorised access to Unisurf Internet's system (for example, by attempting to use the account of another user).
3.3 Attacks on third party systems
You must not participate in any attempt to cause any computer system (including Unisurf Internet's system) to malfunction, whether by way of viruses, worms, trojan horses, denial of service attacks or otherwise.
4. Illegal and infringing use
6. Electronic Mail
1. About the Policy
As part of our aim to provide a quality service at a reasonable price to all our users, we have implemented this Policy to ensure that each subscriber's use of the Service:
-
meets legal requirements;
-
does not unreasonably interfere with other subscribers;
-
and does not unreasonably impact on our ability to provide the Service.
In this document, the following words have these meanings:
You means a subscriber to the Service, or any person who accesses the Service using the subscriber's access details;
Policy means this document, as may be amended by Unisurf Internet from time to time on 14 days notice;
Service means a residential Internet dial-up service provided by Unisurf Internet, together with associated services and software such as email facilities, web space and customer support.
2. When this Policy comes into effect
This Policy applies immediately if you are a new subscriber to the Service. For current Users, this Policy applies 14 days after this Policy is posted on Unisurf Internet's website. If any changes are made to this policy by Unisurf Internet, these changes come into effect 14 days after the revised policy is posted on Unisurf Internet's website.
3. Security
3.1 Passwords
You must keep confidential the password you use to subscribe to the Service. You remain responsible for any use of the Service made using your password.
3.2 Unauthorised access
You must not attempt to obtain unauthorised access to any computer system, including unauthorised access to Unisurf Internet's system (for example, by attempting to use the account of another user).
3.3 Attacks on third party systems
You must not participate in any attempt to cause any computer system (including Unisurf Internet's system) to malfunction, whether by way of viruses, worms, trojan horses, denial of service attacks or otherwise.
4. Illegal and infringing use
You must not use the Service to breach any applicable criminal laws or to infringe on the rights of a third party. This includes, without limitation:
-
fraudulent, deceptive or illegal activity;
-
infringement of copyright, trademarks or other intellectual property rights;
-
infringement of laws relating to censorship and classification of material;
-
using the Service to create, forward or distribute defamatory statements.
5. Inappropriate use of resources
The Service is provided for the benefit of residential users and is not designed or intended for commercial use or for use as a permanent connection. You must not:
-
use software (such as automated agents) to maintain a connection or to reconnect when you are not personally using such connection;
-
download software or other material for sale, distribution or other non-personal use;
-
attempt to make more than one simultaneous connection to the Service;
-
stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period).
-
Unisurf internet reserves the right to disconnect or separate into a separate pool the users that stay connected to the Service continuously for an unreasonable amount of time, or download or upload an unreasonable volume of data, given the purposes for which the Service is provided to you and the usage patterns of other users (for example, staying connected continuously for several days, or downloading gigabytes of data in a short period).
6. Electronic Mail
You must not use the Service to distribute electronic communications (including electronic mail, SMS messages, chat messages and newsgroup postings):
-
to a person or group who has indicated that they do not wish to receive the communication from you;
-
if the communication is unsolicited bulk mail or "spam" (whether or not it is commercial in nature);
-
in a way that forges or disguises the origin of the communication;
-
in a way which is intended, or likely to, adversely affect the functionality of any computer system (including Unisurf Internet's systems).
7. What happens if you breach this Policy
If Unisurf Internet believes on reasonable grounds that you have breached this Policy, Unisurf Internet may (but is not obliged to) take one or more of the following steps:
-
suspend your access to the Service indefinitely or for a specific period;
-
place time or download limitations on your use of the Service;
-
terminate your access to the Service and refuse to provide the Service to you or your associates in the future;
-
if Unisurf Internet considers that you are in breach of Section 5 of this Policy (Inappropriate Use of Resources, Unisurf Internet may (in addition to other steps set out above) place you in a separate pool of users with similar usage patterns in order to free up resources for other users;
-
inform appropriate government and regulatory authorities of suspected illegal or infringing conduct; and
-
delete or edit any of your data (including webpage content) stored on Unisurf Internet's computer systems.
Terms and Conditions Copyright 2003 KBS Interent ABN 30 083 537 204
Copyright 2003 - Unisurf Internet Pty Ltd