[Acceptable Use Policy]
[IIA Approved Filter Products & Services]
ACCEPTABLE USE POLICY
BRI Acceptable Use Policy is set out below. Please read it carefully.
If you use any BRI Internet service ('Service'), you must comply with the Acceptable Use Policy. If you fail to comply, BRI may suspend or terminate your use of the Service.
The Acceptable Use Policy is designed to ensure that your use of the Service does not break any laws or interfere with the right of other BRI customers to also use the Service.
BRI may change this Policy from time to time. You must check the Policy regularly to ensure that you are aware of your obligations.
When using the Service you must comply with these Terms and Conditions
You must not:
If we have cause, we may monitor the conduct of your account to determine whether this policy is being followed.If we monitor the conduct of your account, we will safeguard your privacy unless to do so would involve us in the concealment of criminal offences or inhibit the enforcement of this policy.
If we become aware that your use of our service may break the law or that you have not complied with this policy, we may attempt to contact you before taking the following action:-
warn you by email;
suspend your access to the service;
terminate your account without notice, and /or
notify and provide relevant information to the authorities, as appears appropriate under the circumstances or as we are legally obliged to.
BRI reserves the right to suspend an account if the subscriber fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything that in BRIs opinion may have the affect of jeopardising the operation of the service.
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WEB HOSTING TERMS OF SERVICE
The Subscriber acknowledges that use of the Data, Databases, System and Services may be subject to certain legal regulations, conditions and restrictions. The Subscriber must ascertain and comply with such regulations, conditions or restrictions.
Commonwealth legislation allows the Australian Broadcasting Authority ('ABA') to direct BRI to remove certain prohibited Internet content from its servers or prevent users from accessing certain Internet content. BRI may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing your account or restricting access to a particular website.BRI may take these steps immediately and without notice to you.
PERSONAL WEB PAGES
BRI permits each user to have their own personal web page with a limit of 5 Megabytes of space.Traffic limits apply and any site exceeding those limits will be liable for additional traffic charges.For detail, email email@example.com
BRI reserves the right to remove any personal web page from the Personal Web Page area where it is deemed to be commercial by nature of the volume of Internet traffic attracted to the site or by the content of the site and levy commercial traffic charges as per BRIís commercial tariffs.
BUSINESS WEB PAGES
BRI hosts business web pages, virtual domains, etc. Traffic limits apply and any site exceeding those limits will be liable for additional traffic charges.For details, email firstname.lastname@example.org
COMMUNITY WEB PAGES
Hosting conditions are the same as per personal web pages.Where the North Coast located community organisation requires their own domain name, these will be hosted by BRI at no cost however BRI reserves the right to charge for excess traffic fees as per our pricing schedule (email email@example.com for details).
BRI requires that any such sites hosted by BRI display a BRI logo on the index page of the site saying "Proudly hosted by Big River Internet"
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of Australian Broadcasting Authority ('ABA') is prohibited. This includes, but is not limited to;
copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.
In addition any site selling or promoting Bulk email services is not allowed
Examples of non-acceptable content or links:
Hackers programs or archives
Copy righted Mp3 files
Any site whose primary purpose is file distribution
Shareware, sound, video, image and multimedia archives
BRI will be the sole arbiter as to what constitutes a violation of this provision.The use of our web servers in any manner connected with pornography, or any illegal use such as copyright violation, or any use that we deem to be inappropriate in like manner, whether or not it is specifically illegal, is in direct violation of our Terms of Service and will result in immediate deletion of files, and/or immediate termination of services. Links to such materials are also prohibited.This paragraph does NOT obligate us to act in a timely manner in this regard, nor does failure to act constitute our acceptance of any prohibited use.
For detail email firstname.lastname@example.org
High Resource Policy
Any site that is deemed as impairing the performance of our servers either by high disk utilisation, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource sites are sites that use an excessive amount of system resources such as bandwidth, Storage or CPU utilisation. It is at BRIs sole discretion to decide which sites are "High Resource" sites. Sites who have been deemed as a "High Resource" site will be subject to the following:
- Verbal or email warning.
- Deactivation of account if action is not taken in ample amount of time.
- Bandwidth charges of $0.25/mb over the set amount allowed per account.
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.Any deliberate attempts to misuse this service will be taken as an "unauthorised access" attempt
Background Running Programs
Currently we do not allow programs to run continually in the background.These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your account.
As such, any violation will result in immediate deactivation of services without refund.
Notwithstanding any other provisions of this Agreement, BRI in addition to any rights it may have under law or statute, may forthwith terminate this Agreement by written notice or without notice to the Subscriber if in its opinion, the subscriber fails to abide by the BRI Acceptable Use Policy as published.
Anybody trying to access the shell account of any other person/s without permission from the system operator or owner of the site is strictly prohibited. Any attempts to undermine or cause harm to a server will result in immediate deactivation of services without refund.
Refusal of Service:
We reserve the right to refuse or cancel service at our sole discretion.
Clients who are hosted under the BRI Network plan agree to adhere to any and all special requirements for this plan.These requirements may change from time to time.
1. Though we make extreme effort to ensure continuous service, services are not available 80% of the time.
2. We are not liable in any way for outages beyond our control, such as utility companies or similar failures.
3. Our liability for service outages cannot and will not exceed fees paid to us for the specific services that were contracted but that we did not provide.
4. Typical service outages are for system upgrades (on an "as required" basis). These outages typically do not exceed thirty minutes and are scheduled for "off peak" times.
5. Services may be used for lawful purposes only. We reserve the right to terminate services supplied for any customer, with or without notice, who use our services for any unlawful purpose.We will retain sole and exclusive judgment (excepting official legal authorities, local or otherwise) to determine whether a particular practice is lawful or not.
6. We are not liable, in any way whatsoever, for any content that is downloaded by others to our systems, or transmitted by others via our systems.It is not possible for us to regularly check data, which has been downloaded, nor is it possible to monitor the content of transmissions.
7. Payment is to be made in advance for services.If SUSPENDED, with or without notice.If services are suspended, a Restoration Fee of $50.00 may be charged.For ANY PAST DUE PAYMENT, a LATE PAYMENT FEE of $10.00 may be charged.
8. If any payment is past due 14 days, services may be TERMINATED, with or without notice.If services are terminated, a Restoration Fee of $100.00 may be charged and ALL USER FILES may be DELETED.
9. ANY termination of service will result in all user computer files being DELETED UPON TERMINATION.
10. Though we have automated systems for backing up files, we are not liable for any loss of user data.
If RESTORATION is required, we may charge a fee of $50.00 for each occurrence.
11. The terms and conditions expressed herein, other than prices, are to be in effect for the duration that services are rendered. Violation of, or failure to enforce, any one provision, by either party, will not affect any other provisions.
12.Cancellation of Web hosting services is required in writing (email/fax) to email@example.com
13. Payment for services rendered, or to be rendered, by BRIand/or assigns and/or agents constitutes explicit agreement by the purchaser of services to the terms and conditions set forth herein. This document should be printed by the customer, or prospective customer, and retained for his records. Failure to print and/or retain this document does not constitute any lack of agreement, nor does it imply that the terms are not enforceable. It is the sole responsibility of the purchaser, or prospective purchaser, of services to ensure that he and/or she understands and agrees to these terms and conditions as herein set forth prior to paying for any services.
14. This document shall be enforceable in accordance within the laws of the State of New South Wales.
15. Any dispute with regard to any and/or all-contractual issues shall be settled by formal arbitration in the State of New South Wales. The decision of the arbitrator will be binding on all parties involved. The contracting parties waive any and/or all rights to bring any dispute to trial.
16. BRI cannot, and does not, ensure the accuracy or timeliness of any information provided.
17. These Terms and Conditions may be changed from time to time, with or without notice.
Neither BRI, and/or its assigns, employees, representatives, agents, or contractors thereof, warrant any connection to, transmission over, or use of, any connection or facilities provided (or failed to be provided). Further, no warranties are made, whether express or implied, with regard to the suitability, merchantability, performance, or business and/or legal consequences of any services provided (or failed to be provided). BRI and/or contractors assume no responsibility for any and/or all damages suffered by any and/or all customers for, but not limited to, loss of data, delays, non-deliveries, mis-deliveries, or service outages.However, BRI and/or assigns and/or agents will reimburse, upon written request, any monies paid in advance for any loss of services contracted to be provided, which exceed a cumulative duration of four hours per week, providing that the aforesaid loss of service was due to a problem within our reasonable control.
NOTE: that this reimbursement is the MAXIMUM liability accepted and/or to be incurred by BRI and/or agents and/or assigns.
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GENERAL SUBSCRIBER AGREEMENT
1.1 BRI Pty Ltd having its registered office at 48 River street Maclean 2463 and is the registered proprietor of the Business Name BRI.
And the subscriber.
2.2 The Subscriber wishes to become a subscriber to BRI's System and Services upon the terms of this Agreement.
3.1.1 "Agreement" includes any schedule or annexure to the Agreement;
OF SUBSCRIBER'S APPLICATION
APPLICATION OF SPECIAL CONDITIONS
6.1 Any Special Conditions which may apply to any particular type of Database access or Service offered by BRI to the Subscriber from time to time shall be contained in a schedule which is attached or may be later adopted as a schedule to this Agreement. Any Special Condition inconsistent with these Terms shall override these Terms to the extent of the inconsistency.
BRI may amend particular programs, information and facilities from time
to time at its discretion even if that amendment results in a loss of functionality
of the System, a reduction in the Services or a reduction in the Data or
Databases available on the System.
8.2 The Subscriber acknowledges the System and/or Services might not be available for access:
8.2.1 during any equipment or services malfunction or breakdown, electrical short circuit, power failure, telecommunications failure or fault, industrial dispute or other cause beyond the control of BRI; or8.3 The Subscriber acknowledges that the Databases, the System and the Services may be discontinued at any time by BRI without notice to the Subscriber if:
8.3.1 BRI's license or authority to use a Database or provide the Services is withdrawn, restricted or altered in such a way that BRI considers it undesirable to continue to provide the Database or the Services to subscribers;8.4 No compensation or other amount of any kind will be payable by BRI in respect of any loss of access or functionality referred to in this clause 8.
The Subscriber agrees to abide by BRI's Web Page Guidelines as outlined
on our web site at http://www.bri.net.au/policy.html#web
10.2 Commonwealth legislation allows the Australian Broadcasting Authority ('ABA') to direct BRI to remove certain prohibited Internet content from its servers or prevent users from accessing certain Internet content. BRI may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing your account or restricting access to a particular website. BRI may take these steps immediately and without notice to you. For detail see our BRI Web Hosting Terms of Service http://www.bri.net.au/policy.html#web hosting
10.3 BRI will investigate any misuse of the service and may involve police or other law enforcement agencies in doing so. BRI may recover from you any costs of investigating your misuse of the Service. If your use of the service causes losses to BRI or other users, BRI may require you to pay compensation.
LIABLE FOR ALL USAGE
OF USE OF SUBSCRIBER'S EQUIPMENT AND SOFTWARE FOR ACCESS OF THE SYSTEM
12.2 The Subscriber must ensure that if such Equipment or Software is used for any purpose other than accessing and using the Data in accordance with the provisions of this Agreement, it is used in such a manner so as not to corrupt the System or any Data or any other software which may be used by BRI.
12.3 The Subscriber must observe the BRI Acceptable Usage Policy. For detail see http://www.bri.net.au/policy.html#acceptable use
12.4 The Subscriber must maintain all its Equipment and Software.
12.5 The Subscriber must not do any act or thing in relation to Data which would infringe any copyright or moral rights of BRI or any other person except:
12.5.1 where the dealing is permitted by the Copyright Act 1968 and any other applicable laws and by any terms stipulated by the provider of the Data; and12.6 You must not resell or attempt to re-sell the service, or transfer your account to another person without BRI's written consent.
12.7 BRI will maintain your password and email address for a period of 90 days from the expiry of the hours purchased or the validity period. Beyond that period BRI reserves the right to delete your email & close the account without notice to you.
12.8 If a subscriber does not use their dialup account for a period of twelve (12) months, a total of ten (10) hours will be deducted from their credited hours or the account will be disabled until such time as ten (10) hours is paid to BRI or expiry of the 90 day period as described in section 12.7 of this agreement.
13.2 BRI may in its absolute discretion (even during a fixed term) change the charges and any amounts payable by the Subscriber to include an amount in respect of GST. Any changes will be notified to the Subscriber, however in any event, the Customer will be required to pay the changed charges and any other amounts from the date such GST is applicable.
Where charges are paid in advance and the period over which such charges are paid include post 30 June, 2000 then that portion of the charges relating to post 30 June, 2000 will be calculated and billed to include GST unless indicated otherwise.
13.3 The subscriber must pay the amount due to BRI as advised in the booking statement issued at the end of each month and within 14 days of the date of such statement. Any amounts outstanding as at the due date will bear interest at a rate equal to the Commonwealth Bank Corporate Overdraft Reference Rate as most recently published before that date.
13.4 No reduction or refund of any amount payable under clause 13.1 shall apply if this Agreement terminates under clause 19.
13.5 The Subscriber must pay to BRI the User Charges and Subscription Fees specified in its Schedule of Account Services and Fees as varied from time to time by BRI giving to the Subscriber 30 days prior written notice.
14.2 The Subscriber must not during or at any time after the expiry or termination of this Agreement question or dispute any right, title or interest asserted by BRI in relation to the System, the Manual, a BRI Database, any Data on a BRI Database or other electronic form of information or any intellectual property rightly associated with any of the foregoing or with the Services.
14.3 The Subscriber must make and rely upon their own enquiries concerning the existence and scope of any intellectual property rights referred to in this clause 14 and must be responsible for obtaining any consent, approval, license or agreement of the holders of any intellectual property rights required to enable the Subscriber to deal with any relevant Data or to do any act or thing in relation to those intellectual property rights.
15.1.1 infringement of any third party's intellectual property rights as a result of information being made available on a Database or by use of the System or Services;15.2 The Subscriber must keep the Subscriber's password secret at all times. BRI may from time to time change the Subscriber's password by notice to the Subscriber.
16.2 The Subscriber acknowledges that information entered by the Subscriber through the System may be accessed by other subscribers to the System and Services and third parties. The Subscriber must not enter on the System or any Database any information which is confidential to a person other than the Subscriber except with the prior authorisation of the person to whom the information is confidential.
17.2 Any liability of BRI of the kind referred to in clause 17.1 which, by law, is unable to be excluded is limited to the minimum sum permitted by law. Where BRI's liability is in respect of a breach of a condition or warranty to which Section 68A(l) of the Trade Practices Act 1975 (Cth) applies, BRI's liability shall be limited to the amounts described in that section.
17.3 The Subscriber hereby fully releases and discharges BRI from all liability which may arise in respect of any material on a Database or Data which is accessed through the System which is in any way defamatory. This release and discharge applies in respect of each jurisdiction in which the defamatory material is published.
17.4 The Subscriber hereby fully releases and discharges BRI from all liability which may arise in respect of any dealing by any person (including BRI) with Data in which the Subscriber holds any copyright or other intellectual property right.
17.5 The Subscriber represents to BRI that the Subscriber is not relying on the System or Services having any particular performance characteristics, response times or availability.
18.1.1 the access to or use by the Subscriber of any Data, a Database, the System or the Services;TERMINATION
19.1 Notwithstanding any other provisions of this Agreement, BRI in addition to any rights it may have under law or statute, may forthwith terminate this Agreement by written notice or without notice to the Subscriber if any of the following events shall occur;
19.1.1 if the Subscriber breaches any requirement of clauses 9 or 10;19.2 Either party may terminate this Agreement at any time by giving at least 30 days notice in writing to the other party.
19.3 Termination of this Agreement shall be without prejudice to any accrued rights of either party and shall not affect obligations which are expressed and not be affected by expiry or termination hereof.
19.4 BRI reserves the right to suspend an account if the subscriber fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything that in BRIs opinion may have the affect of jeopardising the operation of the service.
19.5 BRI reserves the right to levy a $25 administrative fee on any accounts closed and requiring a refund of purchased hours
AGREEMENT AND AMENDMENTS
23.2 The Subscriber acknowledges the System may include an "on-screen" warning during the log-in stage which contains certain disclaimers and limitations on any liability BRI may have. That on-screen warning shall not derogate from this Agreement.
25.2 If the Subscriber or any of the Subscriber's property is located in a jurisdiction other than New South Wales (whether in Australia or elsewhere), the parties agree that a binding order of a court in New South Wales may be enforced in that other jurisdiction and the parties must consent to any application to a court or tribunal in another jurisdiction for enforcement of the order or its execution against the Subscriber and the Subscriber's property (including any application for a restraining order or an order for specific performance) and hereby waive all objections and defences to such an order or execution being made.
25.3 The parties also agree that this Agreement, any order or judgement of a court of New South Wales and all things and documents discovered or put into evidence for the purposes of obtaining such a judgement or order and all admissions made by a party in respect of an action, suit or application for the judgement or order may be put into evidence in any proceedings (whether by way of a new dispute or re-litigation or otherwise) between the parties conducted in a jurisdiction other than New South Wales (whether in Australia or elsewhere) or in an application by a party for enforcement or execution of such a judgement or order.
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