TERMS & CONDITIONS
Terms and Conditions for Internet Access
This agreement is between STEAL INTERNET PTY LTD ACN 109 217 585 trading as CyberQ (CyberQ) and the person using the CyberQ Internet services (Customer).
1. Responsibilities of Customers
A. Your Account
All accounts are governed by and subject to the following rules:
i. Use of your Account is expressly limited to you. Your Account may not be transferred to any other party, temporarily or permanently unless prior authorisation is given by CyberQ in writing.
ii. The Customer agrees to bear sole responsibility for all use of the Account and for the confidentiality of the password. CyberQ will suspend or change access to the Account immediately upon notification that the password has been lost, stolen or otherwise compromised.
iii. To cancel the Account, the Customer agrees to contact CyberQ by sending an e-mail to accounts@cyberq.net.au or by sending a fax to (03) 8611 7958. Termination of the Account will be effective on the day that CyberQ receives an e-mail or fax directing CyberQ to cancel the account. The Customer will be liable for any charges incurred until such effective date. In the event of termination the Customer will remain obligated not to violate the rights of any person or entity with respect to any materials that may have downloaded from CyberQ (that is, any computers that are within the domain of cyberq.net.au or any future domain controlled by CyberQ).
iv. The Customer is responsible for all telephone charges relating to a call to CyberQ.
v. The Customer agrees to pay CyberQ all charges relating to the use of the Account in accordance with the rates and prices at the time the service is used. Usage of certain special features or services and/or data storage may be subject to additional charges. CyberQ reserves the right to charge additional fees for late payment. CyberQ reserves the right to change its rates and prices at any time, effective upon a 30 day written or electronic notice to current CyberQ users.
vi. The Customer authorises CyberQ to apply all incurred fees to the Customer's credit card or if the Customer does not wish to use a credit card agrees to pay the monthly access charge in advance with any outstanding fees for data storage or excess usage. Excess usage is that time which is above that allowed by the monthly charge. The Customer agrees to be fully responsible for such charges. The Customer agrees to allow Cyberspace Corporation Pty Ltd or Steal Internet Pty Ltd (trading as Cyberspace Internet and CyberQ) to debit the Customer's nominated credit card.
vii. The Customer must promptly inform CyberQ of:
1. Changes in the expiration date of any credit card used in connection with CyberQ.
2. Changes in home or billing address.
3. Breaches of security, including loss, theft or unauthorised disclosure or use of a credit card ID or password. Until CyberQ is notified of a breach of security, the Customer will remain liable for any unauthorised use charged to the Customer's account.
viii.
The Customer may, upon notification to CyberQ, change from one Internet
Access Package to another. Such notification must be received prior to
the start of the month in which the change is to take place.
ix. In the event an access account to the internet, such as a dial up or broadband account, not be accessed for a minimum of three months, Cyberspace reserve the right to remove access to that account until contacted by the Customer.
B. Rules of Online Behaviour
i. The Customer is prohibited from posting any unlawful, libelous, threatening, abusive, disruptive or obscene material or message that would violate the rights of any person or constitute a criminal offence, or otherwise violate any local, state, federal, or international law. Use of CyberQ for advertising or promotion of a commercial product or service without the express, written permission of CyberQ is prohibited. Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of CYBERSPACE. Any unauthorised use of distribution lists is strictly prohibited and may be discontinued at the sole discretion of CyberQ. CyberQ has zero tolerance to SPAM. CyberQ may in its sole discretion terminate the account of anyone who sends unsolicited bulk email (known as SPAM) in which case no refunds will be made to the account holder and the account holder remains liable for all outstanding charges relating to the terminated account.
ii. The Customer is prohibited from uploading or reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files and files in which the author has given you express consent to copy and redistribute online or otherwise, may be uploaded to CyberQ, including software files or libraries.
iii. Information and materials which the Customer may find published on CyberQ may be the property of CyberQ or another source and may be protected by copyright or may contain protected trademarks. The Customer may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.
iv.
CyberQ may terminate the Customer's account if it believes, in its
sole discretion, that the Customer has violated any of the above rules.
2. REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENT
i. The Customer warrants that all material that they submit for publication or posting on CyberQ will not violate or infringe any copyright trademark patent, statuary, common law or proprietary rights of others, or contain anything obscene or libelous. By submitting information or materials owned by the Customer for publication or posting on, or distribution through, CyberQ, the Customer will be deemed to have granted CyberQ non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability. CyberQ reserves the right in its sole discretion, but is under no obligation, to refuse to post, delete or edit any information that the Customer submits or enters onto CyberQ, including but not limited to electronic bulletin boards, databases, and software libraries. The Customer agrees that they will not hold, nor seek to hold, CyberQ liable for the loss of data or the misappropriation or infringement of any intellectual property right to which they claim ownership.
ii. If ordering merchandise and/or services from anyone, through any commercial service accessible on CyberQ, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between the Customer and the seller of the merchandise or services. CyberQ makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for any costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the seller.
iii. The CyberQ service is provided on an "AS IS, AS AVAILABLE" basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to CyberQ or any information or software therein. Under no circumstances, including negligence, shall CyberQ be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not limited to acts of God, communications line failure, theft destruction or unauthorised access to CYBERSPACE records, programs, or services.
iv. The Customer acknowledges that CyberQ has the right to delete any of the Customer's personal files on a CyberQ service which have not been accessed for more than one month.
v. The Customer agrees to indemnify and hold CyberQ, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable solicitor's fees, related to the violation of the Agreement, including any abusive or unlawful behaviour on the part of the Customer, their dependents, employees or agents, or the infringement of any intellectual property or privacy right of any person.
vi. This Agreement will remain in effect until either party elects to terminate the Agreement in accordance with the terms of this Agreement, or unless and until CyberQ notifies the Customer that a renewal agreement must be entered.
vii. Payment of the said fees is considered to be acceptance to this Agreement.
viii.
This Agreement will be governed by and construed in accordance with the
Laws of the State of Victoria.
Terms
and Conditions for Unlimited Access
The following Terms and Conditions apply to users who choose an unlimited access plan. These Terms and Conditions are in addition to the general Terms and Conditions. If the plan chosen has specific terms and conditions they are in addition to the terms and conditions stated herein. Where there is a conflict, the terms and conditions specific to the plan override those terms and conditions stated in this document.
i. Payment for the unlimited access plan must be by credit card.
ii. Help desk service is generally not available to unlimited access customers. Limited help desk service will be available to assist with the initial connection.
iii. The unlimited access plan is not designed for continuous connection. A time limit on continuous access will be applied. Customers on the unlimited access plans for periods longer than the limit may be disconnected without warning. The continuous connection time limit is specified in each plan.
iv. Unlimited access customers will be automatically disconnected after a period of idle time. The period is in the order of 20 minutes but may vary depending upon which plan is chosen.
v. Only one login at a time is permitted per user ID.
vi. CyberQ does not guarantee that modems will always be available, especially during peak times.
vii. CyberQ does not guarantee connection speeds but a maximum connection speed of 56K will be achievable.
viii. Unlimited access customers will not be able to access other dial-up numbers. If a breach occurs, the time used will be charged at the base rate of $2 per hour. CyberQ reserves the right to suspend any customers who violate this rule.
ix. The unlimited access plans must not be used for running servers or providing any public information service from a computer connected using this plan.
x. The unlimited access plans must not be used for any commercial or business purposes unless special arrangements are made with CyberQ. These plans are intended for private individual's use only.
xi. The unlimited access plans may be changed or withdrawn at any time. Any changes to the plans will be advised by email giving at least one month's notice.
3. Refund Policy:
Refunds will be given at the discretion of the CyberQ.
4. Broadband
Broadband services are govern by the Acceptable Use Policy.