FlatEarth Internet

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FLATEARTH INTERNET TERMS AND CONDITIONS

FlatEarth Internet is a trading name of Hislora Pty Ltd, ABN 50 077 745 496 and the Customer (being an entity subscribing to FlatEarth for the provision of Internet services) agree that by accessing FlatEarth Internet services, you accept, without limitation or qualification, these terms and conditions:

1. The Customer agrees to be bound by FlatEarth's Terms and Conditions as displayed at the FlatEarth Internet web site www.FlatEarth.net.au. The Customer understands that FlatEarth's Terms and Conditions can be amended from time to time and the Customer should visit the FlatEarth Internet web site regularly to be aware of any changes.

2. FlatEarth makes no warranties or representations as to the accuracy of information in or linked to this web site and assumes no liability or responsibility for any errors or omissions in content.

3. FlatEarth shall not be liable for any damage to and/or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of our web site and/or your downloading of any materials, data, text, images, video or audio from the FlatEarth Internet web site. FlatEarth recommends the use of and regular updating of anti-virus, firewall and other appropriate security measures to ensure your computer system and information stored on it is secure.

4. The Customer acknowledges that the service is not fault free and there may be interruptions and/or access difficulties from time to time. FlatEarth is not liable for any downtime or for any problems that may arise due to the incompatibility of modems or equipment.

5. You form no right to use any Trademark displayed on the FlatEarth Internet web site without the permission of the party that owns that Trademark.

6. FlatEarth assumes no responsibility or liability arising neither from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information. You are prohibited from posting or transmitting any unlawful, threatening, libellous, offensive, obscene, scandalous, inflammatory, pornographic, or other materials that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

7. FlatEarth reserves the right to suspend or terminate, with or without notice, any Customers' account, which in FlatEarth's opinion, directly or indirectly is involved in activities, which are detrimental to FlatEarth's Internet service or jeopardise the use of FlatEarth's service or its performance for other customers or how the wider community will perceive FlatEarth. This includes, but is not limited to 'Spamming' e-mail or forwarding spammed e-mail to other Internet user's e-mail addresses, customers listed or cause the listing of FlatEarth or its Customers on any Real-time Black List, e-mail bombing and the use of bulk e-mail programs to unsolicited recipients, commercial advertising, informational announcements, charity requests, petitions for signatures, chain letters and political or religious messages, attempted unauthorised access to other Internet servers and systems, misrepresentation and abusive or offensive behaviour in newsgroups and other online facilities.

8. FlatEarth has the right to recover revenue from the Customer for any costs incurred for damages and/or repairs and/or maintenance and/or loss of business caused by, or resulting from, any of the above activities (clause 5 and 6).

9. The Customer must not use the FlatEarth service in a way or post to or transmit to or via the FlatEarth service any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other customer from using or enjoying the FlatEarth service. The Customer must not use the FlatEarth service to send unsolicited electronic mail messages to anyone. The customer must not attempt any of these acts or permit another person to do any of these acts.

10. FlatEarth reserves the right to suspend without notice any Customers' account involved in offensive and/or illegal activities under State and/or Federal laws. In such a case the relevant law enforcement agency (ies) will be notified, and where possible offending material(s) passed on.

11. FlatEarth packages may not be combined with any other FlatEarth package or offer. Any FlatEarth package or offer may be changed or withdrawn at any time, such change will take effect from the end of your then current package.

12. You agree it is a breach of agreement to connect any equipment to the service that is not labelled with the ACA telecommunications compliance mark and you will be liable for any damages or claims arising from this. In the case of dispute, you agree that FlatEarth Internet is provided access to your premises for the purpose of inspection.

13. All administration, registration and set-up fees are non-refundable.

14. Telephone connection charges are the Customers responsibility and are in addition to FlatEarth subscription charges. To ensure the FlatEarth Access number is a local call please contact your telephone provider. FlatEarth shall not be liable, or reimburse Customers for any costs, technical support or phone charges incurred while establishing connectivity with FlatEarth.

15. The Customer hereby authorises FlatEarth to charge any excess usage of their account at the current rate applicable to FlatEarth services at the time the excess were used, and to debit any amounts due to FlatEarth from any credit card account previously given to FlatEarth for billing purposes. The Customer notes and agrees that any accounting/administration/registration fees are not refundable and that cancellation fees may apply. Dishonoured cheques incur a $25.00 inc. GST handling charge. For other forms of payment, it is your responsibility to contact FlatEarth to renew their subscription for the next period. For other forms of payment, it is your responsibility to contact FlatEarth to renew their subscription for the next period.

16. Registration will not be processed without prior payment. If an account is cancelled for any reason, neither any fees nor any unused time will be refunded.

17. The packages paid by credit card be will automatically renewed for the next subscription period, unless written notice of cancellation is received at least two weeks prior to the expiration of the then current subscription. If such written notice is not received, FlatEarth will automatically debit your credit card one-week prior to expiration for the next period. FlatEarth may not necessarily contact the Customer to advise renewal.

18. For other forms of payment, it is the Customers responsibility to contact FlatEarth to renew their subscription for the next period. FlatEarth may not necessarily contact the Customer to advise renewal.

19. The Customer is required to inform FlatEarth if their credit card is due to expire two weeks prior to the expiry date and is required to provide FlatEarth with details of a current credit card. FlatEarth will close an account 2 days prior to the expiration of the nominated credit card if updated credit card details are not provided.

20. FlatEarth reserves the right to check Customers details with credit referencing bodies/associations.

21. The Customer must keep confidential any codes, passwords or other security information provided to them by FlatEarth Internet and must notify FlatEarth Internet without delay if these details are disclosed.

22. The Customer agrees to pay for all usage charges generated through their Username and Password or FlatEarth Account.

23. FlatEarth does not under any circumstances allow back channelling. FlatEarth reserves the right to charge Customers for any incoming or outgoing traffic if this is breached at 20 cents per MB.

24. The Customer agrees that the IP Address(es) remains the property of FlatEarth and that the Customer is renting the IP Address(es) during the period of their contract only. On termination of the Customers contract, their IP Address(es) rented from FlatEarth , will be recovered by FlatEarth .

25. IP addresses are maintained and administered by FlatEarth only, which includes but is not limited to DNS delegation and routing.

26. FlatEarth reserves the right to provide access to the Internet via FlatEarth Proxy Servers. During peak periods modems may not always be available.

27. FlatEarth may use the information you supply to contact you regarding your account or other promotional matters.

28. The Customer agrees that if FlatEarth Internet is asked to investigate a breakdown in the service and upon investigation it is found that the fault is not due to FlatEarth Internet equipment then the Customer agrees to pay $150 per hour during normal business hours - minimum charge is 1 hour and $250 per hour outside normal business hours for time and travel.

29. FlatEarth reserves the right to charge the customer all fees in relation to this agreement, unless otherwise agreed in writing by the customer and FlatEarth.

30. FlatEarth Internet pricing is subject to change without notice.

31. You confirm that you are at least 18 years old and that you have the legal capacity to enter into this agreement.

32. FlatEarth Products and/or Services may be withdrawn at any time.

33. To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through use of the FlatEarth service, any failure to provide FlatEarth, including a messaging service, or in connection with any products, services or information supplied, offered to be supplied or advertised via FlatEarth.

34. FlatEarth does not under any circumstances permit the resale to any other party of FlatEarth Internet connections and/or bandwidth. Any Customer found doing this would be charged for all of that Customer's usage and any other party's usage to which they have sold or divulged material to enable access to FlatEarth's Internet system at three times the current rate applicable. FlatEarth may terminate the Customer's account without notice and without refunding any subscriptions paid but unused.

35. If the Customer, without prior written permission of an authorised officer of FlatEarth, transfers, assigns or divulges any information which allows another person(s) or entity (ies) to access the Internet by using the Customer's allocated username and/or password then the Customer will be liable for any usage time incurred by the third party at the current rate applicable, and that Customer's account may be terminated immediately. This includes multiple concurrent logins of the same username and/or password except where otherwise approved.

36. In addition to these Terms and Conditions other products may be covered by specific conditions. Customers should note that these Standard Terms & Conditions and the additional Package Conditions may be revised at any time by way of update on the FlatEarth Internet web site - www.FlatEarth.net.au. Customers are bound by any revisions as at the date they are displayed and should regularly examine the current Terms & Conditions displayed on the FlatEarth Internet web site.

37. FlatEarth Internet keeps records of customer details and log files recording transactions between its Customers and FlatEarth Internet, including (when provided by the caller's telecommunications carrier) the Calling Line Identification. This information is stored in databases secured on FlatEarth Internet server computers. All such information is regarded as confidential and is available to the relevant personnel of FlatEarth Internet when required to service accounts and systems, and to the relevant Customer only. Such information is used only for the purposes of maintaining a Customer's account, and is provided to no other parties except as required by law.