| 1.1 | "Roxor" means Roxor Internet, ABN 67 738 656 746
|
| 1.2 | "Application" means the electronic, paper, voice or other form of application lodged by You.
|
| 1.3 | "You" means the person named in the Application.
|
| 1.4 | "Internet Access" means connection to the Internet using hardware, software and protocols supported by Roxor, and use of any additional services provided by Roxor.
|
| 1.5 | "Customer" means any person who has entered into an Agreement with Roxor for the purpose of provision of Internet Access.
|
| 1.6 | "Charges" mean all Charges due to Roxor for use of the Internet Access, in accordance with this Agreement.
|
| 1.7 | "Plan Period" means the duration of the Internet Access plan You have nominated.
|
| 1.8 | "Material" means information sent or received through the Internet Access. This includes without limitation text, graphics, software, sound, video, e-mail, and any other form of electronic information.
|
| 1.9 | "Storage Facility" means any facility provided by Roxor, which allows You to store information, including but not limited to Your e-mail mailbox and Web space.
|
| 1.10 | "Equipment" means any hardware or related goods supplied to You by Roxor for use with the Internet Access.
|
| 1.11 | This "Agreement" means the Application, together with these terms and conditions and Your nominated Internet Access plan, as published on the Roxor web page and as may be varied from time to time.
|
| 1.12 | "Implied Term" means a term implied into this Agreement by consumer protection legislation and which such legislation prohibits from being excluded, modified or restricted.
|
| 2.1 | You must pay to Roxor:
|
| 2.1.1 | all Charges for the Internet Access as advised to You by Roxor within the time specified for payment on the invoice.
|
| 2.1.2 | any Goods and Services Tax (GST) (or like imposition) associated with this Agreement.
|
| 2.2 | Each Plan Period is charged in advance.
|
| 2.3 | Roxor may change the Charges at any time (but will not change any Charges which have already been incurred). It is Your responsibility to make sure You are aware of these changes, as published on the Roxor Web page.
|
| 2.4 | Where You have nominated credit card payments, to the extent permitted by law You irrevocably authorise Roxor to:
|
| 2.4.1 | automatically debit the Charges for the first Plan Period and subsequent Plan Periods against Your credit card;
|
| 2.4.2 | automatically debit any outstanding Charges against Your credit card at any time, including after termination or suspension of the Internet Access;
|
| 2.4.3 | disclose Your personal and financial details to a financial institution or credit card issuer in order to verify Your details, and determine Your ability to pay the account.
|
| 2.5 | You are responsible for ensuring the telephone number You are dialling to connect to the Internet Access is a local call.
|
| 2.6 | You must pay disputed Charges. A credit may, at Roxor's discretion, be issued at a later date.
|
| 2.7 | Where You dispute the Charges, You must notify Roxor immediately after receiving Your bill or credit card statement.
|
| 2.8 | You are responsible for all costs associated with Material or other products and services obtained from third parties through the Internet Access.
|
| 3.1 | Roxor may, at its discretion, immediately suspend or terminate the Internet Access without notice in the following circumstances:
|
| 3.1.1 | during any investigation of alleged Defined Abuse;
|
| 3.1.2 | where You fail to pay the Charges;
|
| 3.1.3 | where Your financial position is significantly changed, including without limitation, bankruptcy, insolvency, a winding up application or the appointment of a receiver;
|
| 3.1.4 | in an emergency or to safeguard the provision of services to any Customer;
|
| 3.1.5 | if You breach this Agreement;
|
| 3.1.6 | where You have provided any misleading, false or incomplete information to Roxor;
|
| 3.1.7 | where Your nominated payment method is refused or dishonoured by Your nominated financial institution;
|
| 3.1.8 | where You fail to notify Roxor of a relevant change to Your personal details.
|
| 3.2 | Roxor is not required to issue You a refund if the account is suspended or terminated for any of the reasons in clause 3.1, except as required by law.
|
| 3.3 | Your Internet Access will continue until the Internet Access is terminated in accordance with this Agreement.
|
| 3.4 | You may terminate or suspend the Internet Access at any time by giving written notice to Roxor. The termination or suspension will take effect at the end of Your current Plan Period. You will not be issued a credit or refund for any unused Internet Access, except as required by law.
|
| 3.5 | Roxor may terminate the Internet Access without cause by giving 24 hours written notice to You. You may apply for a pro-rata refund for any Charges already paid by You.
|
| 3.6 | Roxor may delete any Storage Facilities used by You on termination or suspension of this Agreement.
|
| 4.1 | You are not authorized to use the Internet Access unless Your Application has been accepted by Roxor.
|
| 4.2 | You will supervise any minors who use the Internet Access. You understand that Material obtainable through the Internet Access may not be suitable for minors.
|
| 4.3 | You must not modify Your username. Roxor may modify Your username at its discretion.
|
| 4.4 | You must not maintain or permit multiple concurrent connections to the Internet Access.
|
| 4.5 | To the extent permitted by law, Roxor may monitor Material You transfer through the Internet Access. This information may be disclosed to third parties without notice.
|
| 4.6 | You must not resell the Internet Access.
|
| 4.7 | You are responsible for maintenance and care of equipment You use to connect to the Internet Access, including backup of all information (including without limitation software and data).
|
| 4.8 | Roxor may disconnect You from the Internet Access after four hours connection or 20 minutes of idle time. You can immediately reconnect after the disconnection.
|
| 4.9 | Where Your use of any Storage Facilities exceeds specified limits, Roxor may remove any of the stored information without notice. This includes, without limitation, information in Your e-mail mailbox and Your personal Web space.
|
| 4.10 | Roxor may delete e-mail sent to or from You where:
|
| 4.10.1 | individual messages are greater than a specified limit;
|
| 4.10.2 | messages remain on Roxor servers for more than 90 days.
|
| 4.11 | You must not connect a sub-network to the Internet Access, unless Roxor expressly allows otherwise in writing, including without limitation hosting of FTP, SMTP, HTTP and Proxy Services
|
| 4.12 | You must not engage in Defined Abuse.
|
| 5.1 | You are responsible for ensuring the security of Your account by:
|
| 5.1.1 | exercising due care when choosing passwords;
|
| 5.1.2 | choosing passwords which contain both letters and numbers;
|
| 5.1.3 | regularly changing Your password;
|
| 5.1.4 | never recording Your password on Your computer, and safely storing Your password;
|
| 5.1.5 | ensuring that Your computer system is up to date and secure;
|
| 5.1.6 | maintaining current anti-virus, firewall and other appropriate security measures;
|
| 5.1.7 | exercising due care when using and retrieving Material through the Internet Access.
|
| 5.2 | You are entirely responsible for all use of the Internet Access by any person using Your username and password.
|
| 5.3 | "Defined Abuse" means misuse of the Internet Access by:
|
| 5.3.1 | intentionally providing false information to Roxor;
|
| 5.3.2 | using or distributing a Customer's username and password;
|
| 5.3.3 | engaging in the practice known as 'spamming';
|
| 5.3.4 | using the Internet Access in an unlawful manner;
|
| 5.3.5 | using the Internet Access to menace or harass others;
|
| 5.3.6 | unauthorised or fraudulent usage of the Internet Access;
|
| 5.3.7 | the use or distribution of components designed to compromise system security. This includes credit card generators, password guessers, crackers, packet sniffers, network probes, and other such components;
|
| 5.3.8 | deliberate or reckless disruption of Roxor's services or disruption of a Customer's Internet Access. This includes damage to Internet connected resources, Denial of Service attacks, hacking, distributing computer viruses and e-mail bombardment.
|
| 5.3.9 | providing illegal, indecent, pornographic, fraudulent, threatening, damaging or misleading material, or information about how to obtain such material through Your personal Web space or any other means
|
| 5.3.10 | engaging in unauthorized activities in relation to other peoples' intellectual property; or
|
| 5.3.11 | any other manner reasonably determined by Roxor.
|
| 5.4 | Roxor may take reasonable steps to investigate an allegation of Defined Abuse.
|
| 5.5 | Where You are found to have engaged in Defined Abuse (without prejudice to Roxor's other rights):
|
| 5.5.1 | Roxor may provide Your particulars to any third party affected by Your conduct;
|
| 5.5.2 | Roxor may charge You $100 per hour for time spent investigating the Defined Abuse;
|
| 5.5.3 | any Storage Facility You utilised may be removed without notice;
|
| 5.5.4 | Roxor may immediately terminate this Agreement without notice.
|
|
