Acceptable Use Policy
BY USING KANGAROO TECH INTERNET and OTHER SERVICES, THE CUSTOMER AGREES TO THE FOLLOWING CONDITIONS OF USE:
If a credit card number or direct debit details have been provided for billing purposes, then this is taken as permission to bill these accounts for any charges owing to Kangarootech Internet.
The customer agrees to pay any charges incurred by using the service. This includes use of an account by an unauthorised party. It is the customer's responsibility to keep their password secret, which will prevent unauthorised use.
Kangarootech reserves the right to suspend or terminate the customer's account at any time, for any reason, including but not limited to, failure to abide by the terms of this policy, failure to pay any fees or charges when due. Failure to pay any of its affiliated companies or channel partner that the company has invested interest and considers the client to be high risk to recover any dept owed.
The Kangarootech network may be used only for lawful purposes. Transmission, broadcasting, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Kangarootech will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorised monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
Electronic Mail (E-mail)
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the owners.
1.0 General Agreement
ALL THE FINE PRINT
1.1 Kangaroo Tech Internet Pty Ltd ACN 091 507 194 (hereinafter referred to as " Kangaroo Tech ") and the Customer (being an entity subscribing to Kangaroo Tech for the provision of ADSL Services, accept, without limitation or qualification, these terms and conditions);
1.2 The Customer agrees to be bound by ALL Kangaroo Tech’s Terms and Conditions as displayed on the Kangaroo Tech Internet web site at www Kangaroo Tech.com.au/policy.htm. The Customer understands that ALL Kangaroo Tech’s Terms and Conditions can be amended from time to time. Customers are bound by any revisions as at the date they are displayed and should regularly examine the current ADSL Terms and
Conditions, Standard Terms and Conditions and the Filtering Terms and Conditions displayed on the Kangaroo Tech Internet web site at www.kangarootech.com.au This applies to all other services such as remote backup VoIP
1.3 If the Customer fails to comply with any of the conditions set out in this Agreement and/or with Kangaroo Tech’s Terms and Conditions, Kangaroo Tech may terminate this agreement immediately by giving written notice. On termination, the Customer’s right to use the ADSL Service ceases immediately and Kangaroo Tech will not be liable for any loss or damage suffered by the Customer.
1.4 This Agreement shall operate and be binding upon the parties from the date of its execution.
1.5 This Agreement shall be deemed to have been made in Melbourne, Australia, and it shall be governed and interpreted according to the laws, including conflict of laws, applicable in the State of Victoria. Each of the parties submits to the jurisdiction of the Courts of Victoria.
1.6 Kangaroo Tech reserves the right to change these Terms and Conditions without notice to the Customer.
1.7 If the Customer acquires the Kangaroo Tech Service by signing an Agreement or an online Agreement provided to the Customer by a Kangaroo Tech Dealer, the Customer acknowledges that the Dealer is acting as Kangaroo Tech’s agent only for the purposes of receiving this Agreement from the Customer and providing it to Kangaroo Tech.
The Dealer is not Kangaroo Tech’s agent for any other purposes or in any other
capacity and the Service is not provided by the Dealer. The Customer acknowledges that the Kangaroo Tech Dealer is not the Customer’s agent.
1.8 The Customer agrees that information concerning the Customer will be held by Kangaroo Tech and may be used to enable both parties to perform obligations defined in this
Agreement and any other agreements between Kangaroo Tech and the Customer.
1.9 This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Customer and Kangaroo Tech relating to ADSL Internet Connection Services.
2.0 Provision of Service
2.1 In order for Kangaroo Tech ADSL to be provided, your computer hardware must meet our system requirements. Your telephone line must also support ADSL.
Checks to confirm your telephone line can support ADSL are completed upon registration; however this does not guarantee that you can get Kangaroo Tech ADSL at your location.
2.2 The Customer’s equipment must conform to the minimum requirements for the provision of Kangaroo Tech’s ADSL Services (please call or refer to our technical staff for more information,
2.3 The Customer agrees and understands that in some cases it may not be possible to provide the ADSL Service due to Third Party Carriers Network and in such an event both parties will be released from their obligations under this Agreement and Kangaroo Tech will have no liability to the Customer. The Customer also accepts that some services offered by the Third Party Carrier’s Network infrastructure are incompatible with the ADSL Service and may not be available to the Customer after connection to the ADSL Network.
2.4 Cancellations due to non ADSL provisioning must be thoroughly investigated before breakage of the contract.
2.5 The Customer acknowledges that there may be a minor disruption to the nominated standard telephone service during ADSL installation.
2.6 Where the installation of equipment involves a telephone line, the Customer warrants that the Customer is the legal renter of the telephone line.
2.7 The Customer agrees to nominate an existing standard telephone service for delivery, of the ADSL Service and the Customer will continue to be responsible for all costs of the nominated service to the Customer’s existing carrier or to the carrier of the Customer’s choice.
2.8 The Customer is required
to make sure their telephone line is active at all times. If the ADSL connection
is cancelled due to, but not limited to be a client’s telephone service
being suspended or a change of lease/retail details, a charge of $99 will
be payable to reconnect the service.
2.9 The Customer is not to allow a Third Party to use the ADSL Service without direct supervision and/or written authorisation by Kangaroo Tech. The Customer is responsible for all use of the ADSL Service including use that is not authorised by the Customer which includes viruses.
2.10 The Customer agrees to direct all queries regarding faults and outages of the ADSL Service to Kangaroo Tech’s Technical Help Desk. The Customer is liable for any inquires to Third Party service providers or Telstra. Kangaroo Tech will invoice the Customer for any cost incurred by the Customer calling Telstra for any help or queries relating to the ADSL Service.
2.11 Equipment provided by Kangaroo Tech to the Customer is covered by a 1 year return to base warranty at the Customer’s expense. Replacement units are not provided until testing has been completed.
2.12 The ADSL USB modem does not work in a routed environment and is not stable in a Mac OS or Pre Windows 98 1st Edition environment. 2.13 KANGAROO TECH can provide support to you, excluding Apple Macintosh support.
2.14 USB Modems are not suitable to use on a low powered device such as a notebook.
2.15 The free USB modem offer can only be redeemed at the time of registration. This offer must be claimed within 30 days of the initial registration, otherwise the Customer forfeits this offer.
2.16 The free USB Modem offer is not available to existing Kangaroo Tech ADSL Customers or to Customers who have transferred/churned from a participating ISP to a Kangaroo Tech broadband package.
2.17 The free USB Modem offer is available to Broadband Value, Home Unlimited, during promotions only.
2.18 Broadband Value and Home Unlimited Broadband can only be used in bridged mode with a USB modem.
2.19 Customers that are renewing from a non- Kangaroo Tech ADSL pack to a Kangaroo Tech Unlimited ADSL pack will still be able to dial in, however the Customer will be charged at the rate of $1.10 per hour. 2.20 If you have a “Back to Base” alarm, depending on the type of alarm, you will need to install a filter or a central splitter. You will need to contact us or an Austel approved technician or Telstra to install the central splitter. For further information contact Kangaroo Tech Internet Sales Department.3.6 The Customer must advise KANGAROO TECH if the nominated account is transferred or closed, or the account details have changed.
3.1 The Customer agrees to pay charges for the ADSL Service in accordance with the Kangaroo Tech Internet Price List. The Customer understands that these charges might be
altered from time to time by Kangaroo Tech without prior notice. However, Kangaroo Tech will not increase the access charge payable by the Customer during the Initial monthly Period.
3.2 ADSL changes, additions and/or cancellations incur additional charges, at a prorata amount or at a fair and resonable monthly rate average.
3.3 The Customer agrees to pay all set-up, access and usage charges (where applicable) and any other charges related to the Service chosen by the Customer by cheque, credit card or direct debit, once the ADSL line has been confirmed . Payment option s may vary depending upon your package selection.
3.4 The Customer may elect to have its bills paid by way of a direct debit from an account held by the Customer at an approved financial institution or direct debit from a valid credit card. Changes to direct debit payments may take up to 30 days to be effected.
3.5 Where the due date is not a business day, KANGAROO TECH will draw from your nominated financial institution account on the business day before or after the due date in accordance with the terms and conditions of your KANGAROO TECH account.
3.7 A $50 fee applies if the
Customer’s financial institution rejects the Direct Debit transaction.
3.8 Kangaroo Tech reserves the right to cancel drawing arrangements if drawings are dishonored by the Customers financial institution.
3.9 Broadband Value, Home
256 and Biz Broadband 1500 subscription charges are billed monthly in advance. Unlimited 256, 512 1500 and SDSL 512 subscription charges are billed quarterly in
advance. All other SDSL plan subscription charges are billed half yearly in advance. All packages will automatically renew 7 days prior to the package expiry date.
Failure to pay subscription charges will result in the suspension or termination of the subscribers DSL Service. If the DSL connection is terminated due to non payment of service fees, subscribers are still required to pay any relevant cancellation fees.
3.10 Kangaroo Tech will commence the Initial Contract Period and the billing cycle for data traffic, the day KANGAROO TECH ADSL is installed on the Customer’s telephone line or once dataflow traffic is recorded or on the activation of the back-up dial up account, whichever comes first.
3.11 Broadband Value plan has a minimum contract length of 6 months. All other packages have a minimum of 12 months.
3.12 You may terminate the Service by giving Kangaroo Tech 30 days notice before the end of your current installment period. The Service has to be paid up to the end of the notice period. If you have agreed to take the Service for an Initial Contract Period and you seek early termination, then a pro-rated cancellation fee will apply; of up to a $350 - refer to Additional ADSL Pricing.
Any unused time as at the date of cancellation will not be reimbursed. If you move to another premise within Australia where KANGAROO TECH DSL is not provided, then a $79 cancellation fee will apply for Customers in a contract. If for any reason the disconnection is not genuine you will still be liable for the balance of the contract.
You authorise Kangaroo Tech to debit these payments to your credit card or bank account on receipt of a termination notice from you.
3.13 All notices and changes shall be in writing and shall be hand delivered, or sent by post, or facsimile, or email to the parties hereto at their respective addresses.
3.14 Migrating to another Kangaroo Tech access plan does not reduce the Initial Contract Period or terminate the Agreement or result in a reduction of the charges payable by the Customer to Kangaroo Tech. Upon migration to another plan the contract period recommences from the date of migration. The Customer will be charged additional set-up fees for any migration changes. The new package charges will apply from the date of the migration and a new contract will be implemented from the date of migration.
3.15 Kangaroo Tech reserves the right to terminate the service immediately and recover all monies owing, from the first date of connection, including the cost of recovery, when payments are overdue.
3.16 Kangaroo Tech 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 activities listed in clause 3.15, 6.5 and 7.1. 3.17 Any support, maintenance and/or consulting by Kangaroo Tech to the Customer shall be regarded as separate to this Agreement. The Customer is responsible for any expenses relating to, but not limited to cabling, configuration, reconfiguration and/or modifications to the Customer’s equipment.
3.18 The Customer agrees not to assign, transfer, or re-sell any of the services provisioned by Kangaroo Tech under this Agreement or any rights given by the use of this service.
3.19 The Customer agrees this ADSL Service cannot be resold and that it is not available to the following: ISPs, Internet Cafés and Web Hosting Companies. Otherwise
charges of $10000 per month for a 256K connection, $15000 per month for a 512K connection and $20000 per month for 1500K connection from the first date of connection will apply.
3.20 The Customer agrees that, if the Customer uses the online registration system and inserts incorrect information online which is actioned by Telstra, that they, the Customer, will be liable for a resubmission payment to Kangaroo Tech.
4.0 Additional Charges
4.1 The Customer agrees that if Kangaroo Tech is asked to investigate a breakdown in the Service and upon investigation it is found that the fault is not due to KANGAROO TECH equipment then the Customer agrees to pay Kangaroo Tech its standard hourly rate for time and travel as indicated in Kangaroo Tech’s Standard Terms and Conditions.
4.2 The Customer understands that changes to the contract, such as changing the address at which ADSL is installed, will incur an additional charge. The Customer agrees to pay the then current administration fee before any changes are made.
4.3 The Customer understands that a change in their location or a change in phone number will incur a fee of $129 for Customers who are inside their initial contract period, and a fee of $99 for Customers who are outside their initial contract period – refer to Additional ADSL Pricing Table. The Customer understands they will also incur a disruption to their ADSL service.
4.4 The Customer understands that a change in bandwidth/speed and/or package and a change in type of connection will incur a fee of $59 – refer to additional ADSL pricing table. The Customer understands they will also incur a disruption to their ADSL service.
4.5 In the event of a change of location or bandwidth/speed and or configuration the Customer agrees that a new contract will commence upon changes been completed.
5.1 The Customer is responsible for all usage charges in respect of the use of the ADSL Services whether or not such usage was authorised. It is the Customer’s responsibility to maintain the security of the means of access to the ADSL Services and to ensure unauthorised use does not occur such as the use of security software such as fi rewalls or the periodic changing of passwords.
5.2 Kangaroo Tech does not provide usage records for the Unlimited Broadband packages.
6.1 The Customer acknowledges that Kangaroo Tech cannot be held responsible for any loss incurred by the Customer because of faults and/or failures within the Third Party Carrier’s Network infrastructure.
6.2 Customers use the ADSL Service at the Customers own risk and Kangaroo Tech takes
no responsibility for any data downloaded and/or the content stored on the Customer’s computer. The Customer agrees not to make any claim against KANGAROO TECH, its suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, this Agreement or the use of the ADSL Service and Kangaroo Tech mail service.
6.3 Kangaroo Tech will use its best endeavours to make the ADSL Service available to the Customer 24 hours a day, 7 days a week. The Customer acknowledges that Kangaroo Tech
cannot guarantee uninterrupted service, the speed, performance or quality of the ADSL Service. The Customer further acknowledges that the ADSL Service is not fault free and there may be interruptions and/or access problems from time to time as Kangaroo Tech depends on the performance of Third Parties over which Kangaroo Tech has no control and therefore can accept no liability for problems that may arise from the Service.
6.4 The Customer hereby indemnify’s Kangaroo Tech against all liability, costs, loss or damage, suffered or incurred by Kangaroo Tech, its suppliers, employees, contractors and assignees arising from their use of the ADSL Service.
6.5 Kangaroo Tech assumes no responsibility or liability arising either 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.
6.6 Kangaroo Tech is not liable for any indirect loss or damage, loss of profits, loss of business or anticipated savings, loss, corruption or destruction of data or for any other type of indirect or consequential loss or damage whatsoever, as a result of using this Service.
6.7 Kangaroo Tech shall not be liable for the consequences of an occurrence of any event beyond its reasonable control and such event shall not amount to a breach of this Agreement.
6.8 Kangaroo Tech makes no warranties or representations as to the accuracy of Information in or linked to the Kangaroo Tech web site and assumes no liability or responsibility for any errors or omissions in content.
7.0 Misuse of Service
7.1 Kangaroo Tech reserves the right to suspend or terminate, with or without notice, any Customers’ account, which in Kangaroo Tech’s opinion, directly or indirectly is involved in activities,
which are detrimental to Kangaroo Tech’s Internet Service or jeopardise the use of Kangaroo Tech’s Service or its performance for other Customers or how the wider community will perceive Kangaroo Tech. This includes, but is not limited to ‘Spamming’ email or forwarding spammed e-mail to other Internet user’s e-mail addresses, Customers listed or cause the listing of Kangaroo Tech 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.
7.2 The Customer must not use the Kangaroo Tech Service in a way or post to or transmit to or via the Kangaroo Tech 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 Kangaroo Tech Service. The Customer must not use the Kangaroo Tech 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.
7.3 Kangaroo Tech reserves the right to suspend without notice any Customers’ accounts 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.