Aarvark Acceptable Use Policy

For ADSL Plans

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Please read the following carefully

Aardvark ADSL Service Agreement for ADSL Plans (updated 12/05/05).

1. Information regarding this agreement
Please read the following information carefully.
The supply of Services under this agreement are provided by Aardvark Internet ABN: 47 105 873 078 (in this agreement referred to as “our”, “we”, “us” or “Aardvark” or “Aardvark Internet”) Aardvark Internet may use third party suppliers and contractors for the supply of services under this agreement. By using the Aardvark Internet network you have indicated your acceptance of all the terms and conditions referred to in the Agreement.

2. Definitions & Interpretation
“Agreement” means this agreement for the provision of services by us to you and includes the completed Schedule whether executed contemporaneously or not.
“Charges” means the charges payable by you to us pursuant to this agreement including but not limited to, access, usage, Default Fees, interest and consulting fees.
“Default Fees” means all charges, cost and expenses we may incur in relation to a breach by you of your obligations to us
“Schedule” means the duly completed Residential ADSL – Registration Form and the Additional Information Required for ADSL connections form.
“Service” means the supply of Asymmetrical Digital Subscriber Line access as described in this Agreement.
“GST” has the same meaning as described in “A New Tax System (Goods and Services Tax) Act 1999 and any related legislation.
“Service Commencement Date” means the date that your service is activated by us as advised by us.
“Application Date” means the date your application is received by Aardvark Internet either by online signup, fax or standard mail.
“Supply Period” is as described in section 4 of this Agreement
“Third Party Supplier” means a third party supplier used for the provision of services provided under this agreement.

3. Term of this agreement
This Agreement commences on the Application Date and will continue until Services are terminated by either party. If you terminate this Agreement you will remain liable for all Charges and all other amounts that you are required to pay under this Agreement.

4. Term of Supply of Service
The Supply Period of this Aardvark ADSL plan carries a minimum term of six months. A termination notice must be received at least one month (30 days) before the end of the Supply Period. Any changes you make to your Service speed or Service address or Service plan may initiate a new Service Commencement Date, thus resulting in a new Service supply term.

5. Termination
A written termination notice must be received at least one complete month before the end of the Supply Period. Termination cannot be effected prior to the expiration of a prepaid or pre-agreed Supply Period.

6. Notices
Notices under this Agreement may be sent by prepaid ordinary post, facsimile, or by electronic mail and will be deemed given :-
For ordinary mail, three days after dispatch by post.

7. Our obligations to you
In Accordance with the terms and conditions of this Agreement, we will use our best endeavours to provide you with a Service satisfactory to you and to provide the necessary information to access that Service.
Aardvark Internet will use its best endeavours to ensure a continuous Service, however this is not guaranteed.
We will take care of any personal information you provide us, in accordance with the Privacy Act 2001.
While we will use our best endeavours to ensure the data you transfer will be received by the intended destination (including electronic mail) we cannot guarantee that it will reach the intended destination.
We will obtain and hold any necessary licenses required under law. We will not be responsible for training you in the use of this Service.

8. Your obligations to us
You must provide us with accurate and truthful information in your Service application and keep us informed of any changes thereto.
You are responsible for all Telecommunications charges required for connecting to the Service.
You are responsible for providing and maintaining all necessary equipment for the connection to the Service, including but not limited to a Telstra Qualified Pair telephone line, modem, and computer equipment.
You will be responsible for any collection fees (including legal fees and any other costs) incurred by us as a result of the collection of outstanding monies including interest at the rate prescribed by the Supreme Court Act plus 4% calculated daily and compounded monthly.
You will indemnify us in respect of all costs, damages and/or loss whatsoever including any third party claims or costs, howsoever arising from any default, breach or termination of this Agreement by you.
Should you terminate the Service prior to the expiration of a Supply Period you will immediately pay to us the Charges that would have been payable for the relevant Supply Period had the termination not occurred.
You agree that should you terminate your Service during a Supply Period that you will liable for all Charges that would have been incurred until the end of the Supply Period.
You agree that we may use a Third Party Supplier for the provision of this Service.
You agree that you will not contact any of our Third Party Suppliers for any reason.
You agree that if you do contact one of our Third Party Suppliers that you will be liable for all costs imposed on us by our Third Party Supplier.
You acknowledge that our payment terms are strictly payment in advance, should your credit card not be able to be debited for any reason, or your other payment method is not received, you may be considered in default.

9. Service Description
The Service uses Asymmetrical Digital Subscriber Line technology.
Any transmission speeds referred to by us refer to the maximum theoretical speed achievable with the Service under ideal conditions, and you acknowledge that actual speeds may be different than the theoretical speeds. Speeds may vary for reasons which include but are not limited to: Third Party Supplier network congestion, Third Party Supplier line interference, Internet Congestion, and errors in the configuration of your equipment.
The Service is provided on an “as is” basis and we cannot guarantee the provision of the Service to you where the service is reliant on a Third Party Supplier.
You agree that only equipment certified by us, as listed and updated on our web site from time to time will be used with the Service.
You agree that any other telephony equipment used on the same line as the Service must be isolated from interference by the use of an ADSL line filter.
This is a Residential ADSL service and may not be suitable for some businesses.
The service is only available as an overlay to existing copper local loop provided by Telstra. Should you cancel your telephone service provided by the local loop, the Service will also cease to function.
There are no Service level guarantees for this ADSL service. We will use our best endeavours to provide timely restoration of service.
This service may be affected by a third-party MTU constriction issue.
There are no bandwidth guarantees - this ADSL service is best effort delivery.
The Service is only available on a Telstra copper local loop service.
Additional Telstra service features may interfere with the supply of Service. These include but are not limited to: Customer Loop Metering, InContact, Line Hunt, OnRamp, Payphone, Siteline. A complete list may be available on request.
Customers must direct all service and performance enquires to Aardvark Internet’s helpdesk, and not to our Third Party Suppliers. Calls regarding the Service made to Third Party Suppliers will incur a $110 charge to Aardvark Internet, which will be invoiced to you by Aardvark Internet and you agree to pay this fee along with a $20 handling fee.
Data travelling both to and from the Service will be metered as part of the included usage and excess usage charges where applicable.
Supply of this Service is limited to customers using automatic periodic Credit Card charge or direct debit unless otherwise arranged with Aardvark staff.

10. No Liability
Due to limitations provided on us by our Third Party Suppliers, the service is not guaranteed to work and there is no timeframe for the restoration of a service should it fail.
The Service can only be provided on a “Qualified Pair” as described by our Third Party Supplier.
You warrant that the End User to whom Telstra supplies a standard telephone service is the same End User of this Service.
You acknowledge that the Installation of the Service may cause temporary disruption to the standard telephone service used in this application.
You agree to release and indemnify Aardvark Internet and our Third Party Suppliers for any and all liability arising from the following:
• Disruption in the delivery of your telephone service
• Cancellation of the Service for any reason
• Suspension of the provision of the service to particular Internet Protocol (IP) addresses
• Cancellation of, or refusal by our Third Party Supplier to provide services deemed by our Third Party Supplier to be incompatible with the provision of ADSL on the analogue line

11. Interference with the Service
You agree that you will:
• Not interfere with normal operation of the service or any facility, or make either unsafe.
• Allow any Third Party Supplier or Aardvark Internet safe access to the customer premises if required.
• Ensure that our Third Party Supplier or Aardvark Internet are provided with sufficient and timely access to the customer premises to enable our Third Party Supplier or Aardvark Internet to provide the service.
• If you do not have control or have access to the premises in with the service is delivered, you must:
• Procure for our Third Party Supplier and Aardvark Internet all such access to the premises as may be required.
• Indemnify our Third Party Supplier and Aardvark Internet against any claim by the owner or occupier of the service premises, or any other person, in relation to the entry of those premises.

12. Acceptable Use Policy
You agree not to use your access for illegal purposes and to conduct yourself in a responsible and considerate manner, and acknowledge that cracking, hacking, crashing, spamming, network abuse, transmission or storage of copyright infringing or any data which would contravene Australian laws relating to the production and distribution of pornographic material or distribution of virus is forbidden, as is unauthorised access to system areas and information on the Aardvark Internet network or any systems connected to the Aardvark Internet network.
You agree to accept total responsibility for the content of files owned by you and stored on the Aardvark Internet network, and also accept total responsibility for any data transferred or caused to be transferred across the Aardvark Internet network.
You agree that you will not breach any intellectual property rights, including hosting and/or posting any content which infringes on any copyright, trade mark, trade secret, patent or other property or other intellectual property rights of any third party unless you are the owner of, or have the permission of the owner to post or transmit the content.
You agree that you will not send unsolicited bulk commercial e-mail via any method. Any unsolicited bulk commercial email sent through the Service may incur severe penalties including but not limited to service disconnection and/or complaint handling fees.
You acknowledge that we do not edit or control the content and form of any information or data accessed through the Service.
You are responsible for maintaining the secrecy and confidentiality of all access information required by you to access to the Service, and you agree not to disclose this to any other person.
You must notify us immediately if your username and/or password are lost or you think that someone may be using them. You will be responsible and liable for any unauthorized use of the Service.
You agree that Aardvark Internet may block TCP/IP ports should we require so for network security or network efficiency.

13. Suspension of Services
Will take effect automatically and immediately upon contravening any payment terms (your account must be kept in advance at all times). Suspension will be implemented by suspending the service as we see fit. You shall remain liable for all charges due throughout the period of suspension. Suspension can be reversed upon all due payment and reactivation payment receipt. Suspension will take effect if you continue to contravene the Acceptable Use Policy (as per section 12).

14. Fair Usage Policy
A Fair Usage Policy has been introduced for 1/June/2004 in regard to flat rate unlimited plans - see plan description for download allowances and excess policy. Any changes to download allowances and/or plan extras, in the future will be announced by giving 1-month notice – Notices sent in regard to Fair Usage Policy will be done so in accordance with section 6.

15. Technical Support
Our Service includes free technical support for the installation and commissioning of Service. This support is only provided by Telephone and we are not able to provide on site visits. Support will only be provided for supported applications and/or supported equipment – as deemed by Aardvark support staff.

16. Aardvark Internet IP Address Space
You agree that the IP addresses assigned under this agreement remain the property of Aardvark Internet or a third party and that these IP addresses may change from time to time.

17. Governing Law
The agreement will be governed by and construed in accordance with the law of the state of Victoria.

18. Assignment
Aardvark Internet may assign any or all of the rights and obligations on its part contained herein. You may not assign any of your rights or obligations hereto.

19. Information
You authorise Aardvark Internet to make enquires as to your credit rating at any time and to report any delinquencies and any other information concerning you.

20. Amendment
Aardvark Internet may amend this agreement from time to time by written or electronic or fax notice to you. The amendment will take effect unless you notify us in writing of your objection. Any renewal in accordance with clause 4 subsequent to any amendment notice given by us will despite any objection by you, be on the amended terms. This Agreement can only be varied as provided in this clause or by agreement of both parties.