online service / ISP has policies. Here's ours! Reading through
the rules can sometimes be tedious. We've done our best to
come up with a set of policies that protects you and us. We
think you'll find that they are all pretty sensible and necessary.
If you ever have ANY questions about them, please don't hesitate
to let us know!
INTERNET agrees to provide and User agrees to receive access to
the ACE INTERNET Internet service according to the following
terms and conditions:
benefits or rights conferred by this agreement are nontransferable.
Use of ACE INTERNET accounts is expressly limited to the individual
or business whose name appears on the account.
agrees to use the service in manner consistent with any
and all applicable laws. In the event that this account
is not used in accordance with all Applicable Laws including,
but not limited to Local, State or Federal Laws, ACE
INTERNET reserves the right to cooperate with all or any law
of your web space is prohibited unless expressly contracted
with ACE INTERNET.
images and illegal material on your web pages are prohibited.
is responsible for all use of User's account and confidentiality
of password. We will suspend access or change access to
User's account immediately upon notification by User that
his or her password has been lost, stolen or otherwise compromised.
ACE INTERNET is not liable for any usage and or charges prior
to ACE INTERNET making the necessary account alteration.
is responsible for all local and long-distance telephone
charges for connecting to ACE INTERNET.
agrees to pay ACE INTERNET all charges relating to the use
of User's account according to rates and prices stated online
at the time of commencement of that subscription term.
INTERNET reserves the right to change prices/rates at any time.
INTERNET reserves the right to suspend access to service for
User's account upon an indication of credit problems including
delinquent payments or rejection of any credit card charges.
ACE INTERNET service is provided on an "as is, as available"
basis. No warranties, expressed or implied, including, but
not limited to, those of merchantability or fitness for
a particular purpose, are made with respect to ACE INTERNET
or any information or software therein. This in no way includes
any reimbursement for losses of income due to disruption
of service by ACE INTERNET or its providers.
ACE INTERNET nor its Information Providers are responsible
for any damages arising from User's use of ACE INTERNET or
by User's inability to use ACE INTERNET service.
INTERNET reserves to right to change without notice the ACE
INTERNET service, including, but not limited to, access procedures,
hours of operation, menu structures, commands, documentation,
vendors and services offered.
INTERNET is not responsible for User's personal files residing
on ACE INTERNET. User is responsible for independent backup
of his or her data stored on ACE INTERNET.
INTERNET reserves the right to delete User's personal files after
one or both parties terminates agreement.
INTERNET reserves the right in its sole discretion to delete
any information entered into ACE INTERNET by User. ACE
INTERNET and its authorized representatives shall have the right,
but shall not be obligated, to edit publicly viewable information.
hereby agrees that any material submitted for publication
on ACE INTERNET through user's account does not violate or
infringe any copyright, trademark, patent, statutory, common
law or proprietary rights of others, or contain anything
obscene or libelous. Software intended to facilitate any
such violations or infringements may not be stored on ACE
INTERNET, at its sole business judgment, may terminate this Agreement
immediately or suspend User's access to the service upon
any breach of this Agreement by User, including, but not
limited to, refusal or failure to pay for services provided
or by sole judgment of ACE INTERNET that User may be performing
activities harmful to ACE INTERNET or its Users, employees,
vendors, business relationships or any other users of the
following violations of "netiquette" are grounds
for immediate termination of service. When these violations
occur, it puts our company at risk with our own provider(s)
and with other ISPs. Due to their serious nature, and the
work it takes for us to "undo" the damage, there
is a PENALTY assessed for each violation in the amount of
$ 100.00 per occurrence.
(a) Posting a single article or substantially similar
articles (SPAM) to an excessive number of newsgroups or
continued posting of articles which are off-topic (e.g.,
off-topic according to the newsgroup charter or the article
provokes complaints from the regular readers of the newsgroup
for being off-topic).
(b) Sending unsolicited commercial mass emailings (i.e.,
to more than 25 users) which provoke complaints from the
(c) Engaging in either (a) or (b) from a provider other
than ACE INTERNET and using an account on ACE INTERNET as a
mail drop (or website) for responses.
(d) Continued harrassment of other individuals on the Internet
after being asked to stop by those individuals and by ACE
(e) Impersonating another user or otherwise falsifying one's
user name in email, Usenet postings, on IRC, or with any
other Internet or BBS service. (This does not preclude the
use of nicknames in IRC or the use of anonymous remailer
(f) Use of IRC "bots" on ACE INTERNET, whether on
our IRC server or any other. Such software may not be stored
on ACE INTERNET.
Users whose accounts are terminated for any of the above
infractions are also responsible for the cost of labor to
cleanup and respond to complaints incurred by ACE INTERNET.
document and the rights and duties of the parties shall
be governed by and interpreted according to the laws of
the State of South Australia.
INTERNET may modify these terms and conditions upon notice published
Online via ACE INTERNET. User's use of ACE INTERNET services
after such notice shall constitute User's acceptance of
the modifications to this Agreement.
of any section of this Agreement does not constitute consent
and ACE INTERNET reserves the right to enforce this Agreement
at its sole discretion.
any one or more paragraphs in this Agreement is found to
be unenforceable or invalid, User's and ACE INTERNET's agreement
on all other paragraphs shall remain valid.
Dues must be paid on a timely basis to maintain User's membership
privileges. Monthly dues charged to Credit Card AUTO-BILLING
(if applicable) will continue regardless of your use unless
and until you expressly cancel the auto-billing, which you
may do at any time, unless bound by a specific term or agreement.
paying by cheque or Credit Card, User expressly authorizes
ACE INTERNET to collect from User a penalty fee of up to $25
for a returned cheque, or Credit Card chargeback.
User is in default of this Contract if:
1. Any User covered by this contract fails to obey any
present or future ACE INTERNET rule or regulation; or
2. We do not receive a monthly payment on or before its
due date; or
3. Any material statement by the User in this contract is
Failure to use this account(s) does not relieve the
User of payment obligations, except as specifically provided
in this contract.
the event the User defaults on this contract, ACE INTERNET
may suspend or revoke the User's membership privileges and
the User may have to reapply for membership at the price
ACE INTERNET is charging to new members.
The User agrees to pay ACE INTERNET's reasonable attorney's fees
and court costs, where permitted, in collecting the amount
due in athe User's contract or subscription agreement, including
the collection of returned cheques and
charged back credit card transactions.
Communication systems are subject to degradation of service from phenomena
such as so-called "Line-Noise" interference and
other causes beyond the reasonable control of ACE INTERNET.
ACE INTERNET may assign this order, its rights here under and its
ownership of said service and commitment at anytime without
In addition to any price specified herein, User shall pay the
gross amount of any present or future sales, use, excise,
value added or other similar taxes applicable to the price,
sales or delivery of any products or services furnished
here under or to their use by customer.
ACE INTERNET reserves the right to terminate or change priority of
any process started by said user.
ACE INTERNET reserves the right to collect damages (software, hardware
& man hours) if any harm is done (due to USER'S negligence)
to ACE INTERNET which requires repair or reconfiguration of
ACE INTERNET may offer credits to users who refer additional users
who sign up for and keep ACE INTERNET accounts through at
least one billing cycle, provided that the new users signing
up mention at the time of signup the login name or accounting
ID number of the user who referred them.
ACE INTERNET dialup connections are not intended to be full-time
dedicated connections and we reserve the right to
disconnect a user for inactivity or for using what we
consider an excessive amount of time online.
User may not run publically accessible "services" such
as SMTP, HTTP, MUD or IRC servers.
specifically contracted for a full-time dialup connection,
User may not remain connected when not at his/her computer.
BBS Specific Rules
We have some easy and understandable policies regarding the use
of our BBS. Note that some of them relate to policies set
RESPECT OTHER CALLERS
Feel free to express yourself, but do not do anything
to injure, insult or harm others. In particular, if you dislike
someone else's ideas, you can attack the ideas, but NOT the
The views and opinions held by members and staff are
strictly their own, and are in no way to be construed as the
opinions of the Sysop, or any other operator of this community.
If anyone says or posts anything that you find objectionable
you may either disagree with them (in a CIVILIZED manner),
or simply ignore them.
MOST IMPORTANT RULE
Our Mission Statement says that we welcome people from
ALL walks of life. This is a matter of integrity for us, and
we HEAVILY enforce this rule. If you are a BIGOT and think
that you're going to spread your hate on or through our community,
you are terribly wrong. We'll delete you faster than you can
blink. ;> Is that clear enough?
SUCH THING AS FREEDOM OF SPEECH HERE
We want people to speak freely in our community, but
if you misuse that freedom (by abusing others), we will restrict
We have nothing against adult language from the mouths of adults
when used discriminately. Unfortunately, some people aren't
so discriminating. We would like to foster a friendly, family
atmosphere here, where any person of any persuasion or age
would feel welcome. To that end , please refrain from using
excessive profanity. --- Don't be surprised if a STAFF Person
or Sysop asks you to "tone down" rude or insulting
language, or to take it to a PRIVATE area.
DO NOT USE US FOR ANYTHING THAT MIGHT BE ILLEGAL.
This community may NOT be used to encourage anything
to do with illegal drugs, gambling, pornography, prostitution,
child pornography, robbery, proliferating computer viruses,
cracking into private computer systems, software infringement,
trafficking in credit card codes, or other crimes.
Upon discovery of such activity, we WILL inform the appropriate
People sometimes have trouble determining whether certain activities
are illegal. It's usually not that hard. If it's illegal "out
there," it's illegal "in HERE"! Using us to
commit a crime doesn't make it any less a crime. In fact,
if you use us to commit a crime, you're exposing the operators
of the system and its other callers, to legal risks that should
be yours alone.
If you genuinely do not know whether something you'd like to
do is legal or illegal, please discuss it with a SYSOP before
you proceed. And if we tell you we do not want you to pursue
your plans on our system, please respect our decision.
Access to a few Message Areas is restricted due to the
sensitive nature of discussion (system-related discussion
among System Staff, for example). Also, the designated Forum-Op
of any Forum may give or with-hold access as they choose.
If you feel that your access to a Message Area has been unjustly
with-held, you may appeal to the Sysop. The Sysop's decisions
NO RESELLING OF YOUR ACCOUNT
This is closely related to the above policy. Your UNLIMITED
Account is meant to be FOR YOU to be used BY YOU. If you are
dialing into us to provide internet services to a BBS, a network
of computers, you are overstepping the scope of your dialup
account, and must have us quote you for a commercial or business
ONLY ONE HUMAN PER ACCOUNT.
Do NOT use someone else's account or let anyone else
use yours for ANY reason! This will be strictly enforced,
and violations will result in the removal of BOTH accounts
PONZI SCHEMES, SPAM, OR CHAIN LETTERS.
This includes, but is not limited to: "David Rhodes"
letters, Make Money Fast letters, multi-level money scams
& other pyramid schemes. We do NOT want our customers
falling prey to hoaxes. This ALSO APPLIES to USENET SPAMMING
or EXCESSIVE CROSSPOSTING to USENET Groups. We're a big happy
internet community, and ACE INTERNET does its part to make it
a safe and fun one.
We reserve the right to make ANY changes to to the system
in ANY way without prior notice. This includes but is not
limited to our rates, services offered, access numbers &
We reserve the right to delete ANY ACCOUNT regardless
of Member status. This is to give us power over trouble-makers
who are affecting the online sessions of other users. (Fair
SURE way to get deleted or suspended is to ABUSE, BASH or
in any other way HARASS other users, thereby affecting their
online enjoyment. And you'd also get NO REFUND of unused time.
Have LOTS of fun! If you aren't then just leave us some
Email right away to tell us how we can make this service better
world is a funny place, and we ALL must be sure we cover our
butts. Below are some miscellaneous legalities that will apply
when you are a member of our community.
the case of electronic mail, we will endeavor to keep all of
your e-mail private, viewable only by you and the person to
whom you address it, except:
as System Operators, may need to look at your electronic mail
if we believe it is necessary in order to protect ourselves
or other callers from injury or damage. For example, if we
have reason to believe a caller is involved in illegal activities
which create ANY risk that our system could be seized by the
authorities, we will review their electronic mail for our
own protection. We will not, however, monitor electronic mail
unless we believe it is being misused.
we believe certain electronic mail is connected with illegal
activities, we may disclose it to the authorities to protect
our system, ourselves, and other callers. We will not deliberately
disclose private electronic mail to other callers.
that the person to whom you send electronic mail does not
need to keep it secret. The sender or receiver of electronic
mail has the right to make it public. If
the authorities ever search or seize our system, they may
gain access to YOUR private electronic mail. In that case
we cannot assure they will not review it. Remember that you
have personal rights of privacy that even the government cannot
legally violate even though you may have to go to court to
enforce those rights.
We want our system to be a worthwhile place for all our
callers. This does NOT mean everyone can do exactly as they
please on this system without regard to its effect on others.
It is our job to accomodate the common needs of all callers
while striving to meet our own goals for the system.
will NOT monitor all messages and file transfers. We want
to keep the message and file traffic moving smoothly and quickly
-- we couldn't do this if we had to monitor everything on
the system. However, if we see (or hear about) messages or
other activities that violate the rules, threaten the order
or security of the system, or use this system in ways we do
not agree with, we will take appropriate action. Our
editorial control includes normal house-keeping activities
like changing subject headers and selecting among uploaded
files for those we wish to make available for download. It
also goes beyond that. If
a caller repeatedly insists on posting messages or transferring
files that we previously warned them should not be on the
system, those messages will be deleted, and he or she may
be locked off the system. If we discover *ANY* caller violating
any of OUR rules, especially the provision against illegal
activities, we will act firmly and swiftly. Depending on the
circumstances, the caller involved will be warned, or simply
locked out. If the caller has done anything to put us or other
callers in jeopardy, we may contact the authorities.
do not plan on doing any of these things. If all callers act
with respect and regard for us and for other callers, there
will never be any problems. But if problems do arise, we will
assert control over our system against any caller who threatens
it. And in this Agreement, you acknowledge that control.
You shall retain all rights to all original messages
you post and all original files you upload. Likewise, you
must respect the ownership rights of others in their own messages
and files. You may not post or upload any messages or files
unless you own them, or you have full authority to transmit
them to this system. We
OWN certain things you will find on this system, including
the name of our system, the "look and feel" of our
system (except those portions owned by Galacticomm, Inc.)
and the collective work copyright in sequences of public messages
on our system. You cannot reproduce any message thread from
our system, either electronically or in print, without our
permission and the permission of all the participants in the
thread. This is not a complete list - other things on the
system are also our property. Before you copy * ANYTHING *
from our system with plans of reproducing it or distributing
it, you must contact us about it.
OF LIABILITY AND INDEMNITY
The great danger for us, and for all operators of ISP/BBS,
is that we might be held accountable for the
wrongful actions of our callers. If one caller libels another
caller, the injured caller might blame us, even though the
first caller was really at fault. If a caller uploads a program
with a computer virus, and other callers' computers are damaged,
we might be blamed even though the virus was left on our system
by a caller. If a caller transfers illegal credit card information
to another caller through private electronic mail, we might
be blamed even though we did nothing more than unknowingly
carry the message from one caller to another. We did not start
this BBS to take the blame for others' actions, and we cannot
afford to operate it if we must take that blame. Accordingly,
we need all callers to take responsibility for their own acts,
and to accept that an act by another caller that damages them
must not be blamed on us, but on the other caller.
needs are accomplished by the following paragraph:
agree that we will not be held responsible to you for any
indirect, consequential, special or punitive damages or losses
you may incur in connection with our system or any of the
data or other materials transmitted through or residing on
our system, even if we have been advised of the possibility
of such damage or loss. In addition, you agree to defend and
indemnify us and hold us harmless from and against any and
all claims, proceedings, damages, injuries , liabilities,
losses, costs, and expenses (including reasonable attorneys
fees) relating to any acts by you or materials or information
transmitted by you in connection with our system leading wholly
or partially to claims against us or our system by other callers
or third parties.
Our bulletin board system can be reached by callers from
all Australian states, and around the world. Each of these places
has a different set of laws. Since we cannot keep track of
all of these laws and their requirements, you agree that the
law of our own state, South Australia, will apply to all matters relating
to this Agreement and to our bulletin board system. In addition,
you agree and consent that if you ever take legal action against
us, the courts of our own state, South Australia, will have exclusive
jurisdiction over any such legal actions.