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TERMS AND CONDITIONS

1. Definitions
1.1 "ISP" or "the ISP" refers to RBM Internet its networks and its system.
1.2 "You" or "your" refers to any person or device that connects to the ISP for the purpose of gaining access to the system and the system refers to any computer, network, concentrator, terminal, or device that is used to supply services by the ISP. "Members Area" refers to the area on the ISP Web Site used by members to access notices and account information.
1.3 By using or subscribing to the ISP you are subject to the following terms and conditions.
1.4 This agreement is governed by the laws in force in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia, when determining any dispute concerning this agreement.

2. Registration
2.1 During the subscription process you will be asked for personal information and you authorise the ISP to obtain personal information about you to support your application to become an ISP member and to conduct all relevant credit checks and searches to enable the ISP to determine your credit worthiness.
2.2 You must be at least eighteen years of age, and provide your correct name, current address and telephone number, as well as a valid Credit Card and or a Direct Debit Request. A current Drivers License and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform the ISP of any changes to your personal details.
2.3 Your privacy will be respected at all times, however the ISP may monitor or keep any records necessary th at relate to your use of the service.

3. Notices
3.1 Regular notices are sent to your ISP e-mail address and or posted in the Members Area for your information. You must regularly check your ISP e-mail address and or the Members Area for important notices from the ISP. Notices have been sent when Date Stamped by the sending ISP mail server and or posted in the Members Area.

4. Your Conduct
4.1 You agree not to place, store or relay software or information on the system which is unlawful, or attempt to access internal areas of the system or engage in any forms of "hacking", "relay", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", "sub-seven or netbus or derivative" or any destructive or disruptive action against the system.
4.2 Your password must remain confidential, is not transferable and you agree not to assign, transfer or resell this agreement. You are responsible for selecting and maintaining at your expense any facilities or equipment necessary for you to connect to the ISP.
4.3 If you use obscene language, abuse, threaten or harass any ISP staff member in person, via the telephone, fax or e-mail your account may be terminated immediately.
4.4 You agree, that the system is designed to be shared in a fair and equitable manner with other members and not to use the system in such a way that, in the opinion of the ISP, your actions affect the other members.

5. General Conditions
5.1 The ISP provides a service that is available twenty four hours a day to the standard active telephone jack in your premises. It is your responsibility to ensure that the access number provided by the ISP is a local call.
5.2 The ISP supplies a connection disk suitable for Win95,98,2000,NT, ME and XP to configure your computer correctly and you are responsible if you tamper with the settings or allow another internet service provider's installation disk to alter or disrupt the ISP internet settings and connection.
5.3 Your use of, or subscription to, the ISP (including any additional services offered from time to time) constitutes acceptance of, and is governed by, these Terms and Conditions.

6. Technical Conditions
6.1 During peak periods, network capacity may become limited and access is not guaranteed. Multiple logins are not allowed, terminal logins are not permitted and this service may not be used as a Permanent Modem Connection, Permanent IP address, Mail or Web Server or to provide any Publicly Available service.
6.2 For security reasons the standard system settings require you to re-authenticate every three (3) hours with a fifteen (15) minute enforced break. Twenty (20) minutes of continuous in-activity also requires you to re-authenticate.
6.3 Automated attempts, devices or practices to avoid re-authentication are not permitted and your access to the system will be restricted if in our opinion you engage in activities which restrict or deprive access to fellow ISP members.

7. Limitation of Liability
7.1 The ISP is not liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from your use of the system, information obtained from it, or timed teleph one calls charged by a telephone company to you.
7.2 The ISP is dependent on external network and data services, therefore you indemnify the ISP for any inability to provide such services which are beyond its control. The ISP does not guarantee that access to any system either internal or external t o the ISP, will be available at any given time or that the files, information or services will be error free or fault free.
7.3 The failure of the ISP at any time to enforce or require the strict compliance of any provision in this agreement, shall not be interpreted as a variation of this agreement. The ISP reserves the right to alter the system rules as required and to s ubcontract or assign this agreement without giving you notice.
7.4 This agreement is binding upon your successors, assigns, heirs, executors and administrators. If you are underage and have failed to disclosed this to the ISP, this agreement is legally binding on your parents or legal guardians.

8. Plan Information
8.1 All current plans are published on our website and on all ISP Registration Forms which are available at all locations where the ISP services are sold.
8.2 Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Selected plans may be withdrawn when fully subscribed. Some plans are offered purely for promotional purposes, may be withdrawn at any time without notice and are subject to special conditions which are in addition to the ISP Terms and Conditions.

9. Consumer Service Guarantee
9.1 Your ISP service is covered by a Consumer Service Guarantee which is provided for your protection. Your Consumer Service Guarantee can be viewed here.

10. Changing Your Plan
10.1 You may select a different plan at any time by calling our Customer Services. Unused hours or unused data on your current plan will not carry over to the new plan or next period and excess fees must be paid before your plan change will take effect.

11. Cancellation
11.1 To cancel this service, you must provide notice in writing to the ISP. The notice must be signed by the account holder. To protect your security and privacy, e-mail and telephone cancellations are not accepted.

12. Termination
12.1 the ISP may close, suspend or terminate your service without a refund or credit if in the opinion of the ISP you materially breach any of these terms and conditions and you will remain liable for all charges owing under this agreement.

13. ADSL Broadband Service
13.1 ADSL Service uses Asymmetric Digital Subscriber Line technology and any transmission speeds refer to the maximum theoretical speed achievable by the ADSL Service under ideal conditions.
13.2 No SLA (Service Level Agreement) is provided for this ADSL Service, however the ISP will use its best efforts to provide timely restoration of service, however no guarantee is provided. The ADSL Service is not guaranteed to work and there is no time frame for the restoration of ADSL Service in the event of a failure.
13.3 You agree to release and indemnify the ISP, the Contractor and the Carrier for any and all liability arising from the following: (a) Disruption in the delivery of your telephone service, (b) Cancellation of the ADSL Service for any reason, (c) Suspension of the provision of the ADSL Service to particular Internet Protocol (IP) addresses or (d) Cancellation of, or refusal by the ISP to provide services deemed by the Carrier to be incompatible with the provision of ADSL Service on the nominated analogue telephone line.
13.4 You agree that the ISP may use licensed third party suppliers and or contractors for the installation of ADSL services and that the ISP may use any Carrier for the provision of ADSL services.
13.5 You must procure for the Carrier, Contractor or the ISP all such access to the premises as may be required for the provision of ADSL Service and indemnify the Carrier, Contractor or the ISP against any claim by the owner or occupier of the ADSL service premises, or any person, in relation to the entry of those premises.
13.6 You warrant that the end user to whom the Carrier supplies a standard telephone service is the same end user of this ADSL Service and agree that the Installation of the ADSL Service may cause temporary disruption to the standard telephone service nominated by you.
13.7 ADSL Service is available in (3) three theoretical speeds: 256Kbps/64Kbps, 512Kbps/128Kbps and 1.5Mbps/256Kbps in asymmetric (faster downstream than upstream) configurations with dynamic IP addresses included as part of the standard service. Actual service speeds may be different than the theoretical speeds for reasons which include but are not limited to: (a) Carrier line interference, (b) Internet Congestion, (c) Aggregation, and (d) errors in the configuration of your equipment.
13.8 Additional Carrier service features may interfere with the supply of the ADSL Service. These include but are not limited to: (a) Customer Loop Metering, (b) InContact, (c) Line Hunt, (d) OnRamp, (e) Payphone and (f) Siteline. Any other telephony equipment used on the same line as the ADSL Service must be isolated from interference by the use of an appropriate line filter.
13.9 ADSL Service is provided on an "as is" basis and the ISP cannot guarantee provision of ADSL Services where the ADSL service is reliant on another Carrier.
13.10 ADSL Service is only available as an overlay to the existing copper local loop provided by the Carrier and due to technical limitations by the Carrier, ADSL can only be provided on a "Qualified Pair" telephone line, as described and determined by the Carrier.
13.11 Should you cancel your telephone service provided by the local loop, the ADSL Service will also cease to function.
13.12 There are no port restrictions on this service however the ISP reserves the right to block or filter individual ports for security purposes or to maintain network integrity.
13.13 A Dynamic IP address is provided with this service and this ADSL Service does not allow the facility to ping or traceroute out of the network or into the ISP network as all ICMP ports are blocked for security purposes.
13.14 ADSL Service will re-authenticate every 24 hours from the commencement of a session for the purpose of measuring data usage. Re-authentication is performed automatically and is transparent provided your ADSL modem or router is configured to re-authenticate automatically.
13.15 ADSL Service is a layer 3 service designed for residential and small business use and is not suitable for activities requiring mission critical services such as Gaming, Video Conferencing, Database interfacing or VPNs etc.
13.16 ADSL services may not be re-sold or used to provide data feeds for other services, locations or systems.
13.17 The Acceptable Usage Policy for ADSL Service is: (1) Light 256Kbps/64Kbps = 10GB limit per month, (2) Premium256Kbps/64Kbps = 15GB limit per month, (3) 512Kbps/128Kbps =25GB limit per month and (4) 1.5Mbps/256Kbps = 35GB limit per month. Once the Acceptable Usage Policy limit has been reached during a calendar month, the speed is slowed to 72Kbps/64Kbps. Speed is then slowed to 33Kbps once an additional 25% of the Acceptable Usage Policy limit is reached in excess of the Acceptable Usage Policy limit.

14. SDSL Broadband Service (Business Grade Services)
14.1 SDSL Service uses Asymmetric Digital Subscriber Line technology and any transmission speeds refer to the maximum theoretical speed achievable by the SDSL Service under ideal conditions.
14.2 No SLA (Service Level Agreement) is provided for this SDSL Service, however the ISP will use its best efforts to provide timely restoration of service, however no guarantee is provided. The SDSL Service is not guaranteed to work and there is no time frame for the restoration of SDSL Service in the event of a failure.
14.3 SDSL Service is provided on an “as is” basis and the ISP cannot guarantee provision of SDSL Services where the SDSL service is reliant on another Carrier.
14.4 You agree to release and indemnify the ISP, the Contractor and the Carrier for any and all liability arising from the following: (a) Disruption in the delivery of the Consumer telephone service, (b) Cancellation of the SDSL Service for any reason, (c) Suspension of the provision of the SDSL Service to particular Internet Protocol (IP) addresses or (d) Cancellation of, or refusal by the ISP to provide services deemed by the Carrier to be incompatible with the provision of SDSL Service on the nominated analogue telephone line. Installation
14.5 You agree that the ISP may use licensed third party suppliers and or contractors for the installation of SDSL services and that the ISP may use any Carrier for the provision of SDSL services.
14.6 You must procure for the Carrier, Contractor or the ISP all such access to the premises as may be required for the provision of SDSL Service and indemnify the Carrier, Contractor or the ISP against any claim by the owner or occupier of the SDSL service premises, or any person, in relation to the entry of those premises.
14.7 You warrant that the end user to whom the Carrier supplies a standard telephone service is the same end user of this SDSL Service and agree that the Installation of the SDSL Service may cause temporary disruption to the standard telephone service nominated by you. Technical
14.8 SDSL Service is available in (2) two theoretical speeds: 256Kbps/256Kbps and 512Kbps/512Kbps symmetric (equal downstream and upstream) configurations. Actual service speeds may be different than the theoretical speeds for reasons which include but are not limited to: (a) Carrier line interference, (b) Internet Congestion, (c) Aggregation, and (d) errors in the configuration of your equipment.
14.9 Additional Carrier service features may interfere with the supply of the SDSL Service. These include but are not limited to: (a) Customer Loop Metering, (b) InContact, (c) Line Hunt, (d) OnRamp, (e) Payphone and (f) Siteline. Any other telephony equipment used on the same line as the SDSL Service must be isolated from interference by the use of an appropriate line filter.
14.10 SDSL Service is only available as an overlay to the existing copper local loop provided by the Carrier and due to technical limitations by the Carrier, SDSL can only be provided on a “Qualified Pair” telephone line, as described and determined by the Carrier.
14.11 Should your cancel the telephone service provided by the local loop, the SDSL Service will also cease to function.
14.12 SDSL Service allows the operation of Servers including but not limited to: Port 80 for Web Servers, Port 25 for Mail Servers, Port 443 for Secure Webservers, Port 110 for POP3 Servers, Port 21 for FTP Servers and Port 119 for News Servers.
14.13 A single (1) Permanent IP address is provided with this service as well as the ability to ping or traceroute out of the network or into the ISP network.
14.14 SDSL Service will re-authenticate every 24 hours from the commencement of a session for the purpose of measuring data usage. Re-authentication is performed automatically and is transparent provided your DSL modem or router is configured to re-authenticate automatically.
14.15 SDSL Service is a layer (2) two service designed for activities requiring mission critical services such as Gaming, Video Conferencing, Database interfacing or VPNs etc.
14.16 SDSL services may not be re-sold or used to provide data feeds for other services, locations or systems.
14.17 The Acceptable Usage Policy for SDSL Service is: (1) 256Kbps/256Kbps = 20GB limit per month and (2) 512Kbps/512Kbps = 40GB limit per month. Once the Acceptable Usage Policy limit has been reached during a calendar month, the speed is slowed to 72Kbps/72Kbps. Speed is then slowed to 33Kbps/33Kbps once an additional 25% of the Acceptable Usage Policy limit is reached in excess of the Acceptable Usage Policy limit.

15. Wireless Broadband Services
15.1 Wireless Broadband Service is supplied under the Carrier Licence granted to Veridas Communications Pty Ltd ACN 101 857 318 by the Australian Communications Authority under the Telecommunications Act 1997
15.2 Wireless Broadband Service operates in the 2.4GHz and 5.8GHz spectrum and uses LOS (Line of Sight) and NLOS (Near Line of Sight) radio technology. Any transmission speeds mentioned in relevant documentation, refer to the maximum theoretical speed achievable under ideal conditions.
15.3 Wireless Broadband Service is a proprietory system utilizing Tzunami equipment by Proxim Corporation and can only be configured by an authorized Veridas technician. Other Wireless devices are incompatible with this system.
15.4 Wireless Broadband Service is available in (3) three theoretical speeds: 256/256Kbps, 384/384Kbps and 512/512Kbps symmetric (equal downstream and upstream) configurations. Actual service speeds may be different to the theoretical speeds for reasons which include but are not limited to: (a) Topography and weather, (b) Internet Congestion, (c) Aggregation, (d) Consumer equipment, (e) Errors in the configuration of Consumer equipment and or (f) radio interference.
15.5 No SLA (Service Level Agreement) is provided for this service, however the ISP will use its best efforts to provide timely restoration of service. This Wireless Broadband Service is not guaranteed to work and there is no time frame for the restoration of Wireless Broadband in the event of a failure.
15.6 Meteorological conditions and other forms of interference may diminish the quality of Internet access via wireless. You acknowledge that the ISP has no control over such events and cannot bear responsibility for any consequences. In the event that interference temporarily diminishes data transmission to a point where the access is unusable, the ISP will where possible, make 56K dial-up access available to you during the period of interruption.
15.7 There are no port restrictions on this service however the ISP reserves the right to block or filter individual ports for security purposes or to maintain network integrity.
15.8 A single (1) Fixed IP address is provided with each service and the ISP may filter other ports, at its discretion for security purposes.
15.9 Wireless Broadband may re-authenticate every 24 hours from the commencement of a session for the purpose of measuring data usage. Re-authentication is performed automatically and is transparent to the Consumer provided the Consumer's Wireless Broadband Wireless modem is configured to re-authenticate automatically.
15.10 Wireless Broadband Services are subject to an Acceptable Usage Policy or "Shaping" limit which is shown on the published plans on the the ISP Website. Once the Acceptable Usage Policy limit has been reached during a calendar month, the speed is then slowed to 64Kbps/64Kbps.
15.15 Wireless Broadband Service may not be re-sold or used to provide data feeds for other services, locations or systems, without written approval from the ISP.

16. Web Hosting
16.1 The ISP gives no warranty, express or implied, for the Web hosting services provided. This 'no warranty' clause expressly includes any reimbursement for losses of income due to disruption of services by the ISP or its providers beyond the fees paid by you to the ISP for services.
16.2 While the ISP shall make every reasonable effort to protect data stored on the system, the ISP is not responsible for your data, files, or directories residing on the ISP's equipment. You are solely responsible for maintaining data, file, and directory structure backups.
16.3 You hereby agree that any material submitted for publication on the ISP through the Web hosting services provided to you will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful.
16.4 Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. The ISP reserves the right to deactivate your account(s) upon an indication of such activity. You hereby agree to indemnify and hold harmless the ISP from any claim resulting from your use of electronic mail service on your account.
16.5 Using the ISP's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is strictly prohibited.
16.6 Using the the ISP network as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.
16.7 Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software is strictly prohibited.
16.8 Engaging in activities, whether lawful or unlawful, that the ISP determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations is strictly prohibited.

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