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Please read the entire document, click I AGREE at the
bottom to continue with the registration.
You may wish to print out these terms and conditions and keep a copy for yourself.
Terms and Conditions
- Definitions
- Customer's Service Use
- Customer's Internet
Use
- Exclusion of Liability
- Customer Indemnities
- Special $500
Lifetime Accounts
- Downloads &
Extra Hours
- Payment of Accounts
- Billing Cycles
- Termination
- Subject to Change
- Miscellaneous
- Definitions
- "Dynamic Bell" is the trading name of Universal
Dynamics Pty. Ltd. ACN 064 416 673. It includes its employees, officers, agents and
affiliates.
- "Dynamic Bell's NetWorld" or "DBNW" is a
subsidiary of Dynamic Bell.
- "Customer" refers to all other persons, companies,
or other entities identified on the Service Application Form.
- "Agreement" means these Terms and Conditions and
the details on the Service Application Form.
- "Service" means access to the DBNW network
including the use of DBNW’s gateway to the Internet, computer resources, disk
storage, computer communications facilities and other Services provided by DBNW or its
parent, Dynamic Bell.
- "Download" means all data received through a
customer's connection to DBNW onto their computer. This can include but is not limited to
web pages received including text and graphics, emails received including attachments,
received data in a chat session, software received, etc.
- "Download Usage" means the amount of downloads
through a customer's account.
- "Day" for the purposes of Billing Cycles means
Monday to Sunday inclusive. A day can also be taken to include a public holiday.
- "Commencement Day" is the day when a person
completes registration with DBNW and becomes a customer of DBNW.
- "Public Information Services" are those services
which are beyond that which is intended for personal use. This is determined by the DBNW
executive.
- Customer's Service Use
- The customer must not use the service for the housing or
distribution of pornography, unlicensed commercial software, or deal in any other
objectionable matter.
- The customer must not breach nor intend to breach any
applicable State, Federal or International law when using this service.
- The customer agrees not to allow anyone else other than
themselves to use the DBNW service and the Internet gateway provided by DBNW.
- The customer agrees not to engage in multiple logins on the
DBNW service.
- If this is a residential account, the use of the service is
limited to personal residential use. The service shall not be used for commercial
services.
- DBNW considers a breach of service use (especially copyright
materials and pornography) as a severe infringement and will have no hesitation in
terminating a users account without notice.
- The customer must notify DBNW within 14 days of any change
to their contact details.
- Customer's Internet Use
- The customer must not use, nor permit any other party to
use, the service in connection with any matter of an illegal or fraudulent nature.
- The customer must not use, nor permit any other party to
use, the service for sending to any person or forum (such as a Usenet newsgroup, a mailing
list, a webpage, etc) any message, electronic mail or other communication which is
offensive or repetitive or abusive or of an indecent, obscene or menacing character.
- The customer must not use, nor permit any other party to
use, the service for sending to any person or forum (such as a Usenet newsgroup, a
listserv, a webpage, etc) any message, electronic mail or other communication for the
purposes of persistently sending messages without reasonable cause or for the purpose of
causing annoyance, inconvenience or needless anxiety to any person.
- The customer must not use, nor permit any other party to
use, the service for the purpose of obtaining unauthorised access to any information, data
or systems on the internet.
- The customer must not do any thing that may jeopardise the
security or integrity of any part of the DBNW or Dynamic Bell network or its affiliates.
- The customer must comply with any instructions concerning
access to the service given by DBNW from time to time.
- Customers with excessive hits to their web pages from
non-DBNW hosts may be held liable for bandwidth charges and/or have their service removed
at any time at the complete discretion of the DBNW executive.
- DBNW’s dialup internet connections are not intended to
be full time dedicated connections and may be disconnected after 15 minutes of inactivity.
Customers agree not to use any automatic methods to avoid disconnection, to keep the
connection active only when the customer is actively using it, and not to provide public
information services over the connections. Should congestion occur, a user may be
disconnected and be limited from redialling in again for a short period.
- DBNW considers a breach of internet use (especially
copyright infringement and pornography) as a severe infringement and will have no
hesitation in terminating a users account without notice.
- Exclusion of Liability
- DBNW will not incur any liability to the customer or their
affiliate in respect of any loss or damage (including consequential loss or damage)
howsoever caused, which may be suffered or incurred or which may arise directly or
indirectly in respe ct of the Services or the failure or omission on the part of DBNW to
comply with its obligations under this agreement.
- Where any Act of Parliament implies in this agreement any
term, condition or warranty, and that Act avoids or prohibits provisions in a contract
excluding or modifying the application of or exercise of, or liability under such term,
condition or warranty shall be deemed to be included in this agreement. However, the
liability of DBNW for any breach of such term, condition or warranty will be limited, at
DBNW’s option, to any one or more of the following:
- in the case of goods, the replacement of the goods or the
supply of equivalent goods, the repair of such goods, the payment of the cost of replacing
the goods or of acquiring equivalent goods, or the payment of having the goods replaced;
or
- in the case of services, the supplying of the services again
or the payment of the cost of having the service supplied again.
- Customer Indemnities
- The customer acknowledges that there has been no reliance by
it on DBNW’s skill or judgement or written or oral representations, including any
catalogues or publicity material, in deciding whether the services are fit for a
particular purpose or meet particular criteria.
- The customer acknowledges that they will be liable for the
telephone call to the DBNW service.
- Customers acknowledges from time to time there may be
congestion and Customers may have to be disconnected to ease congestion. Customers may
re-dialin after a predefined wait at the discretion of the DBNW executive.
- Customers acknowledge DBNW may have an automatic
disconnection sequence on their dialups to ease congestion and to ensure users on the
system are not selfishly abusing modem access. At present an auto disconnection sequence
exists where a user is on for greater than 3 hours.
- Customer acknlowedges the usage statements provided by DBNW
are conclusive evidence of their usage.
- The customer acknowledges that DBNW exercises no control
whatsoever over the content of information passing through it.
- The customer agrees to not hold DBNW responsible for any
information viewed by them on the internet nor be responsible for any actions brought on
by the customer or third party for any data, images or other information stored on the
customer’s w eb site or homepage which are beyond that which are expressed by law and
are the responsibility of the service provider.
- The customer acknowledges that the internet is not an
inherently secure system, and undertakes responsibility for the protection of their
account and data. The customer agrees that information of a private or confidential nature
should not be pl aced on the system. DBNW specifically denies any responsibility for the
security of the customers account and the data stored in DBNW’s facilities.
- The customer acknowledges that the internet may contain
viruses (including other destructive programs) which may, if not eliminated, destroy parts
or all of the data contained within their system, and that DBNW has no control over these
viruses. DBNW does not provide any filtering or checking of data to eliminate these
viruses, and that customer agrees to provide their own mechanism for checking their system
for viruses, and to hold DBNW harmless from any damage caused by viruses obtained throug h
the service.
- The customer agrees to hold DBNW harmless from, and
indemnify DBNW for any damages or claims for damages resulting from any viruses introduced
by the customer into the internet system or the DBNW network.
- The customer agrees that they may be liable against loss,
damage, liability and expenses of any kind incurred as a result of or in relation to any
claim made or legal proceedings, (including but not limiting, claims for breach of
copyright, brea ch of confidence, defamation, theft, conversion, and/or obscenity) brought
against DBNW by the customer or any third party in relation to any use of the service by
any person using the customer’s account.
- Special $500 Lifetime
Accounts
- These accounts were limited in quantity and are no longer
available.
- Accounts were made available for the natural lifetime of the
Customer.
- Should a customer pass away, DBNW must be notified within
one month by a surviving relative or associate.
- Special $500 Lifetime Accounts are only for the person who
has applied for the account.
- Lifetime accounts are not transferable. For example, a
Lifetime account can not be passed through a will nor can such an account be sold or given
to another person.
- Customers must submit a signed document every 12 months
requesting continuance of the service for the following 12 months. This enables DBNW to
verify that this Customer is still with us and wishes to continue receiving this service.
- Customers of the $500 Account will be placed on a dialup
rack consisting a 10:1 modem/user ratio.
- The dialup as well as the modem/user ratio may change at any
time.
- DBNW will endeavour to provide a premium service at all
times and provide the Customer with the best access possible within DBNW’s definable
means.
- Accounts on this plan are limited to a download quota of 150
megabytes per month.
- Customers who exceed the 150 megabytes monthly quota will be
liable for an additional per megabyte charge of $0.29c/megabyte (as at 1st May 1998). At
the completion of the month a fresh 150 megabyte quota again will be provided free.
- Unused 150 megabyte quotas or remaining quotas for a month
are not transferable.
- There are no time limits to these accounts, however
customers understand from time to time there may be congestions and Customers may have to
be disconnected to ease congestion. Customers may re-dialin after a predefined wait at the
discretion of the DBNW executive.
- Customers of the $500 account are subject to all other terms
and conditions as well as the acceptable use policy. Customers understand that these may
change without notice.
- Downloads & Extra Hours
- Access 18 Accounts ($18.95 for 50 hours each month) are
subject to a 50 megabyte download quota per month.
- Access 50 Accounts ($50.00 for 50 hours) are subject to a
150 megabyte download quota.
- Access 100 Accounts ($39.95 for 100 hours each month) are
subject to a 120 megabyte download quota per month.
- Access Unlimited Hours Accounts ($49.95 for unlimited hours
each month) are subject to a 150 megabyte download quota per month.
- Access Millennium Accounts ($550.00 for 10,000 hours or 3
years - whichever comes first) are subject to a 1.5 gigabyte download quota.
- Access Life Accounts (no longer available) are subject to a
150mb download quota per month.
- Additional megabytes on all plans will be charged at
$0.29c/megabyte (as at 1st May 1998).
- Extra hours over 50 or 100 hours in a month of Access 18 or
100 respectively will be charged at a rate of $1.95 per hour.
- Access Plan prices and download rates may change at any time
without notice.
- Payment of Accounts
- By registering with DBNW the customer agrees to pay the
charges of the plan they are on. This can be via a credit card, direct deposit, cash,
cheque or money order.
- The registration day will not commence in terms of cheque
transactions until cheques are cleared unless DBNW advises the customer otherwise.
- If a Customer incurs any additional charges, such as extra
hourly charges ($1.95/hr as at 1st May 1998), and/ or additional download charges they
will be liable to pay these on time or at a time requested by DBNW staff with proper
issuing authority.
- The customer agrees to have their account automatically
renewed for another block of the same period upon expiration unless notice is provided
otherwise.
- Customers on a quarterly plan have to prepay their access
fee in full for the entire quarter. Subject to additional hourly and miscellaneous
charges.
- Payment is required before registration procedures can begin
unless otherwise specified by DBNW staff.
- Customers on a monthly or quarterly plan with a defined
number of hours can not transfer remaining unused hours to following months or any other
date(s) outside of that 30 day period.
- Unused download quotas are not transferrable between months
or plans.
- Billing Cycles
- The DBNW month consists of 30 days. For example, from the
day the customer registers for the service (commencement day), a month of service is
calculated as 30 days from and including the commencement day. If a customer is on a
quarterly plan, t his means the customer has 90 days of service from and including the
commencement day of service.
- Termination
- The DBNW executive reserves the right to terminate or
suspend a customer at any time without notice.
- The customer agrees to supply DBNW with advance notice of
four weeks in writing if they wish to terminate their service.
- If a customer is on a contract for a period of months, the
user is responsible to fulfil their contract. No refunds are given on contracts or prepaid
services.
- Should the act be for any breach of some term or condition
contained in the current DBNW terms and conditions or against the current DBNW acceptable
use policy, the Customer will not be entitled to any refund.
- Should DBNW reserve its right to terminate a customer's
account, DBNW may refund the Customer for the remaining credit on their outstanding
account. This is on the basis termination is not a result of a breach. The refund amount
is calculated on a daily basis. For special $500 lifetime accounts, the maximum refund
shall be $500. Customers will be liable for their download usage.
- DBNW executive reserves the right to define the accrued
bandwidth and service cost amounts.
- If DBNW believes the customer has broken the law, DBNW may
notify the proper authorities.
- DBNW will endeavour to contact the customer by E-mail prior
to termination or suspension, but still reserves the right to act without notice.
- Subject to Change
- The terms and conditions contained here are subject to
change without notice.
- It is in the interests of customers to enquire if terms and
conditions have been altered and initiate procedures to receive an updated set of terms
and conditions.
- It is in the interests of customers to inquire if the
acceptable use policy has been altered and initiate procedures to receive an updated
version of the acceptable use policy.
- Customers understand that a set of terms and conditions and
acceptable use policy will be available on the DBNW homepage. The web page terms and
conditions and acceptable use policy may be the present version, but DBNW can not make any
guarantee as to the validity of this without first confirming with support staff.
- Miscellaneous
- These terms and conditions supersede all previous and post
representations, statements, understandings, negotiations or agreements and shall
supersede any other terms and conditions of any order submitted or prior price quoted.
- An agreement is deemed to have been executed on the
Customer’s submission of the Application Form to DBNW, as a hard copy or
electronically.
- It is the customer’s responsibility to retain a copy of
these terms and conditions and to refer to DBNW’s Web Site for amendments as they
become effective and check authenticity with DBNW staff.
I AGREE - Please click on I AGREE to continue with the
Registration.
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