1. Definitions

1.1 "ISP" or "the ISP" refers to Southern Phone Company 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.

3. Privacy

3.1 Your privacy will be respected at all times, however the ISP may monitor or keep any records necessary that relate to your use of the service.

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 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.

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.
8.2 Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Plans may be withdrawn. Some plans are offered purely for promotional purposes, may be withdrawn at any time without notice.

9. Changing Your Plan

9.1 You may select a different plan, and charges may apply. 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.

10. Cancellation

10.1 To cancel this service, you must provide notice. The notice must be by the account holder.

11. Termination

11.1 Either of us may terminate this Agreement by giving the other 30 days written notice unless you have agreed to a fixed term contract.
11.2 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.

12. ADSL Broadband Service

12.1 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.
12.2 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.
12.3 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.
12.4 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.
12.5 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.
12.7 Theoretical speeds may not be achievable 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 Consumer equipment. 12.8 Additional Carrier features may interfere with the ADSL circuit including but 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 circuit must be isolated from interference by the use of an appropriate line filter.
12.9 Due to technical limitations by the Carrier, ADSL circuits can only be provided on a Qualified Pair telephone line, as described and determined by the Carrier.
12.10 Should you cancel your telephone service the ADSL Service will also cease to function.
12.11 ADSL Service does not allow the operation of Servers on: 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.
12.12 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.
12.13 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.
12.14 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.
12.15 ADSL services may not be re-sold or used to provide data feeds for other services, locations or systems.

13. Web Hosting

13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
13.6 Using the the ISP network as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.
13.7 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.
13.8 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.