Dreamtilt Membership Agreement

Dreamtilt Pty Ltd

(ABN 65-089-188-876)
Trading as Dreamtilt

Your use of any Internet Access Service ("Service") provided by Dreamtilt (herein referred to as "our", "we" or "us") is subject to the terms and conditions of this agreement. By becoming a member of Dreamtilt, you are signifying your acceptance of the Dreamtilt Membership Agreement. The legally binding agreement contains important terms outlining the acceptable use of all services provided by us, including limitations of our liability. If you do not agree to be bound by the agreement, you should not continue the Sign Up process. This agreement begins when we accept your registration application and continues until terminated by either party.

We Must

Use our best efforts to provide you with the Service, account details & member logon identification to access the Service.
Notify you by postal mail or electronic mail of any variation to this agreement or the charges payable by you.
Make all reasonable efforts to ensure the continuity of the Service.
However, our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide the Service or any part of it, or for any problems with the Service, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying the Service to you, or to paying for resupply of the Service to you.

We May

Delete any electronic mail message sent to you if the size of the message (including attachments) exceeds 6 megabytes or if all of your undeleted messages (including attachments) exceed 40 megabytes at the time the message is received.
Delete any electronic mail deemed to be SPAM email or emails containing virus's sent to you or sent from your account
Delete any electronic mail message (whether read or unread) where the message has not been deleted within 90 calendar days of it becoming available to you. If we delete any electronic mail messages under the terms of this agreement we are not required to notify you or the sender of the message(s).
Only disclose your member information to third parties if you consent to such disclosure or we are legally required to disclose it.
Vary the Dial-In Phone Numbers from time to time.
Vary any Service (specifically Internet Access Plan) details by giving you one month's notice.
Suspend your access to the Service, if, in our reasonable opinion, you breach any term or condition of this agreement. You are not entitled to a credit or refund for loss of access during the suspension period.

You Must

Be responsible for, and pay the cost of, telephone calls from your telephone to the telephone number of the dial-in location at Gladstone or other parts of Australia ("Dreamtilt Access Phone Number").
Be responsible for all equipment and software necessary to access the Service as well as for the security and integrity of your data.
Ensure that use of the Service is your responsibility and entirely at your own risk. We do not check the content of information available from the Service, and we are not liable for loss or damage that you or anyone else suffers as a result of using this information including, but not limited to, any damage to, or loss of, data caused by a virus or similar program.
Be responsible for ensuring that the connection we provide to you does not result in the spreading of virus infections or the spread of spam or commitment of internet crimes such as abuse of networks or phishing. Any such activity will result in the suspension of the service until the problem is rectified. Prolonged or continuous activity of such will result in the termination of the service.
Acknowledge that some of the content accessible on the Internet is unsuitable for minors and you warrant that no minor will access the Service using your member identification and password unless they have your express permission and are under your personal supervision.
Comply with any Acceptable Use Policy as published by us from time to time (in addition to the obligations set out in this agreement).
Indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to the use of the Service by you or any other person using your membership identification and password.

You May

Obtain a detailed statement of all fees incurred in the last 3 months by visiting Your Logon Account on the Dreamtilt web site. Review your current months statement details by visiting Your Logon Account on the Dreamtilt web site.

You Authorise

Us to disclose your credit/debit card details to, and obtain information from, any financial institution or credit/debit card issuer to verify the credit/debit card details that you provide to us.
You authorise us to charge all fees incurred for use of the Service through your member identification and password to the credit/debit card designated by you.
If we do not receive payment from the card issuer or its agents for any reason, you agree to pay us all amounts and dishonor fees due on demand.

You Must Not

Send or disclose your member identification or password to anybody other than us.
Store your member identification or password in any form, whether coded or unencoded, in a location where it is capable of being read by anybody other than yourself.
Resell the Service (or any part of it), or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your membership identification and password to access the Service. You accept responsibility for all aspects of use of the Service by all persons using your member identification and password.
Use the Service for any activities which breach any laws, infringe a third party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority.
Use the Service in a way which interferes with other users or defames, harasses or menaces anyone.
Use the Service to send unsolicited or unwelcome electronic mail messages to anyone. Doing so will result in the termination of your connection.
Assign any of your rights under this agreement to a third party.

To End This Agreement

Either party may end this agreement at any time by giving the other party 24 hours' notice. Any notice of cancellation of the Service must be given to Dreamtilt via phone, fax, email, or mail. Ending this agreement does not affect the provisions regarding indemnity and limitation of liability.

General Conditions

We may vary any terms or conditions of this agreement at any time by one month's notice to you. Your continued use of the Service after such notice will constitute acceptance of the variation. This agreement is governed by the law in force in the State of Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning this agreement. All amounts payable under this contract have been calculated initially and are inclusive of goods and services tax (GST).

Liability

(a) Other than in relation to personal injury, to the extent permitted by law we are not liable to you or anyone claiming through you for any loss or damage or costs sustained or incurred by you, your employees, contractors or agents or any third party, arising in any way in connection with this agreement or from your use of, or our provision of the Products or Service or any ancillary product or service, including without limitation, arising from:
(i) any failure or delay by us to transmit data;
(ii) any failure or delay by you in receiving data;
(iii) any transmission or receipt of incorrect data;
(iv) any erasure or corruption of any data;
(v) any unauthorised access to your Products and Services;
(vi) any content accessed using the Products or Services found to be offensive, upsetting, inaccurate, misleading or defamatory.
(b) To the extent permitted by law, without limiting the above, in no circumstances will we be liable to you for consequential loss including, without limitation, loss of profits or loss of business.
(c) To the extent permitted by law, we exclude all warranties in relation to the Products or Services or any ancillary product or service. Should we be liable to you, by virtue of any applicable statute, law, rule or regulation, for any loss or damage suffered, sustained or incurred by you under or in connection with this agreement, our total liability for any such loss or damage shall, to the extent permitted by law, be limited, at our option, to the cost of supplying again the goods or services in respect of which the damage was incurred or to providing, replacing or repairing those goods or providing those services again.

Things beyond our control

(a) It is impossible for us to ensure that the Products or Services are provided to you at all times or at any specific times or will be able to operate at all times error-free. We make no warranties to you in this regard.
(b) We will not be liable for any failure to fulfil any term of this agreement where that fulfilment is delayed or prevented, restricted or interfered with for any reason beyond our control, including but not limited to fire, storm, flood earthquake, accident, labour dispute, materials or labour shortage, outages in telecommunications or radiocommunications networks, law or regulation or an act or omission of any third person.

Additional Terms and Conditions

Domain name registration

(a) If requested by you, we will assist you in the registration of a domain name. You acknowledge that we are not responsible for the allocation and administration of domain names and that we cannot guarantee the availability of a domain name or the continued availability same.
(b) Where you have requested us to apply to register a domain name on your behalf, you agree that all information you provide to us in this regard will be true and complete, and you will abide by the terms and conditions of the relevant authority who administers that particular sub-domain.
(c) You agree to pay all of our fees, charges and expenses in this regard as agreed with Dreamtilt.

Web Development

(a) While we may own certain intellectual property rights in the website developed for you and you have certain obligations in relation to information that you provide to us in accordance with Part A, you acknowledge that you are responsible for the final authorisation to release, and the content of, the website developed for you and you will be responsible for that website prior to release to indicate it meets your specification.
(b) You are responsible for obtaining any consent from any third party regarding use of any of their intellectual property rights or the right to link their website to your website.
(c) You are responsible for providing to us any legal disclaimers or other notices you require to be inserted on your website. You are responsible for providing all content necessary for your website unless we otherwise expressly agree.
(d) If you wish us to provide maintenance services in relation to your website, we must come to a separate written agreement in that regard.

Acceptable Use Policy

This is Dreamtilt's Acceptable Use Policy. It applies to you if you are a Dreamtilt Customer or User ("you"). It is intended to ensure that your use of Dreamtilt's service is trouble free and that you have due regard to the law and the needs of other users.

Please look out for any amendments to the Policy that Dreamtilt ("we") might make in the future. From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.

In this policy we use the following definitions:

ACMA
means the Australian Communications and Media Authority.

Potentially Prohibited Content
means that content that has not been classified by the Classification Board, but, if it were to be classified, there is a substantial likelihood that it would be Prohibited Content.

Prohibited Content
means that content classified as RC or X18+ by the Classification Board or is classified R18+ and is not subject to a restricted access system.

Restricted Content
means content that:
* is classified by the Classification Board R18+ (and in the case of Mobile Content MA15+ or R18+); or
* that has not been classified but if it were to be classified by the Classification Board there is a substantial likelihood that it would be classified, R18+ (and in the case of Mobile Content MA15+ or R18+).

Spam
means:
* commercial messages (including any offers, advertisements, promotions to supply goods, services, business or investment opportunities, or if purpose of the message is to assist or enable a person to dishonestly obtain a gain from another person);
* sent to recipients who are not known to you, who have not requested the material, or who have not granted permission for the mail to be sent to them; and
* delivered via electronic means including email, discussion groups, fax, SMS, MMS and ICQ messages.

Users
means users of any Dreamtilt Service, such as but not limited to wireless broadband, dial up, web hosting, domain registeration, web design and voip services.

1. Some General Principles

1.1 You should familiarise yourself with your legal responsibilities. You can view your legal responsibilities in relation to:
* supervising and controlling children's access to internet content;
* procedures which parents can implement to control children's access to internet content, including availability, use and appropriate application of internet content filtering software; and
* obligations which may exist in relation to your content under the Broadcasting Services Act 1992 (as amended) or other applicable state legislation, at either of the following web sites: http://www.iia.net.au; or http://www.acma.gov.au

1.2 You are responsible for complying with conditions of use of other networks. If we provide you with access to a network outside our Service you must comply with any acceptable use conditions which apply to that network.

2. Unacceptable Uses

2.1 You must not use our Services, attempt to use our Services or allow the Services to be used in any way:

Breach of Law
1. Which results in you or Dreamtilt breaching, or being involved in a breach of a law (including the Broadcasting Services Act), order or regulation (including a foreign law, order or regulation), a mandatory code of conduct, or a voluntary code of conduct that you have agreed to comply with.

Damage to property or people
2. Which results, or could result, in damage to property or injury to any person;
3. To harass, menace or stalk people.

Prohibited Content or Potentially Prohibited Content
4. To place on the internet, obtain through the internet or transmit using the internet any Prohibited Content or Potentially Prohibited Content.
* Content which is (or would be) classified RC or X18+ by the Classification Board includes content that contains:
- detailed instruction in crime;
- child pornography;
- actual sexual activity.
* Content which is (or would be) classified R18+ includes content that contains implied or simulated sexual activity.

Restricted Content
5. To provide content that is likely to be considered unsuitable for minors (even though the content may not be Prohibited Content or Potentially Prohibited Content) without using appropriate warnings and/or labelling systems for that content;
6. To provide Restricted Content to an end user if the end user has not 'opted in' for Restricted Content and without taking reasonable steps to ascertain that the end user is not a minor.

Protection of minors
7. Which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;

Discrimination
8. Which incites discrimination, hate or violence towards one person or group because of their race, religion, gender or nationality;

Obscene, defamatory, offensive, abusive
9. To send, display or be otherwise involved in material which is obscene or defamatory;
10. Which is, or which would be considered by a reasonable person to be, offensive or abusive;

Illegal business practices and gambling
11. To engage in any misleading or deceptive business or marketing practice;
12. That involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

The rights of others
13. Which infringes Dreamtilt's or any other person's rights (including intellectual property rights and moral rights);
14. Which constitutes a misuse of Dreamtilt's or any other person's confidential information; or
15. Which results in a breach by you of any obligation that you owe to any person.

Dreamtilt's Service
16. undertake any activity which impedes Dreamtilt's ability to provide its Service;
17. make or receive transmissions of any type or quantity which adversely affect our operation or jeopardise the use of our service, or its performance for other subscribers;
18. undertake acts that waste resources or prevent other users from receiving the full benefit of our services;
19. to solicit subscribers to become subscribers of other competitive services.
2.2 Resale of our Services to others is strictly forbidden under all circumstances unless expressly approved by Dreamtilt in writing.

3. Spamming

3.1 You must not use our Services, attempt to use our Services or allow our Services to be used:
* To send, cause the sending of or otherwise be involved in the sending of Spam;
* provide a capability on a Dreamtilt hosted site which permits third parties to send Spam from a Dreamtilt server;
* In connection with any program (including a virus, Trojan horse, worm, cancelbot, timebomb) or activity (including a denial of service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data belongs to Dreamtilt or anyone else);
* To access or use Dreamtilt's or any one else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
* To create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than you;
* send electronic chain letters;
* to manipulate or bypass Dreamtilt's content usage limits;
* send email to a recipient after the recipient has unsubscribed from your mailing list or has advised you by other means that they do not wish to be on the mailing list;
* undertake activities which cause or may cause third party service providers to place Dreamtilt's internet protocol (IP) addresses on a blacklist and/or block those IP addresses;
* distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists.

3.2 We support increasing awareness of our Customers about Spam and how it can be managed. Dreamtilt uses spam and virus filters and encourages our customers to use spam and virus filters. You agree to Dreamtilt's use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that you will not take any steps to disable those filters and that we will not be liable for any loss or damage resulting from the use of spam or virus filters. Further information about these products can be found at the web site of the Internet Industry Association at www.iia.net.au.

4. Third Party Complaint Process

4.1 From time to time, Dreamtilt receives complaints from third parties ("Complaints") regarding unacceptable uses, allegedly being conducted by Customers or their Users. Dreamtilt will make reasonable endeavours to resolve such complaints by working with Customers. The complaint process set out here does not apply to complaints the subject of court order or proceedings, or where Dreamtilt reasonably believes that it must take urgent action without reference to the Customer.

4.2 If Dreamtilt is unable to resolve the complaint by working with Customers, Dreamtilt's policy is to put the complaining party in direct contact with the party best able to answer the complaint. Accordingly, Dreamtilt's Customers authorise and direct Dreamtilt to provide to third party complainants the relevant Customer's email contact details.

4.3 You have a right to complain to the ACMA about content. If you become aware that a web site hosted by Dreamtilt contains Prohibited Content or Potentially Prohibited Content, you can make a formal complaint to ACMA by contacting them through their web site at www.acma.gov.au/hotline.

5. What We May Do to Ensure That This Policy is Being Followed

5.1 We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.

5.2 If we monitor the conduct of your account we will safeguard your privacy subject to the terms of our Privacy Policy.

5.3 We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the Service may break the law or that you have not complied with this policy we may:
* warn you by email (but we are not obliged to do so);
* suspend your access to the Service;
* terminate your account without notice; and/or
* notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

5.4 In the event of taking action under 5.3 we reserve the right to delete any or all of your information, material, software or other content stored on our system at our sole discretion.

5.5 We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:
* where we are made aware that a court order, judgment, decree, determination or otherwise has been made to the effect that the Customer data is illegal, offensive, objectionable or in breach of a third party's rights; and
* if we are directed to do so by ACMA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act 1999 (as amended).
* if we are served with a takedown notice in accordance with part 3A of the Copyright Regulations 1969 (as amended).

5.6 You agree that you will have no claim against Dreamtilt in respect of any action reasonably taken by Dreamtilt in its implementation of the terms of this Acceptable Use Policy, and you indemnify Dreamtilt against any claim by a User arising out of the same.