• 1 LINEAR G IS NOT RESPONSIBLE FOR THE CONTENT OF CUSTOMER ORIGINATED TRAFFIC
    • 1.1 “Linear G” means Linear G Internet Solutions. ABN 72 039 560 683
    • 1.2 “Application” means the electronic, paper, voice or other form of application lodged by you.
    • 1.3 “The Customer” or “You” means the person named in the application .
    • 1.4 “Internet Access” means connection to the internet using hardware, software and protocols supported by Linear G, and use of any additional services provided by Linear G.
    • 1.5 “Customer” means any person who has entered into an agreement with Linear G for the purpose of provision of services.
    • 1.6 “Charges” mean all once off or recurring charges & rates due to Linear G for use of the services provided to you, in accordance with this agreement.
    • 1.7 “Plan Period” means the fixed duration of the services you have nominated which have an anniversary of some details and/or allowances. In most cases these are (but are not limited to) monthly anniversaries.
    • 1.8 “Material” means information sent or received through the internet access. This includes, but is not limited to,text, graphics, software, sound, video, e-mail, and any other form of electronic information.
    • 1.9 “Storage Facility” means any facility provided by Linear G, which allows you to store information, including but not limited to electronic data storage such as your e-mail mailbox and web space.
    • 1.10 “Equipment” means any hardware or related goods supplied to you by Linear G for use with the services provided.
    • 1.11 This “Agreement” means the application, together with these terms and conditions and your nominated service’s plan, as published on the Linear G web page (http://www.linearg.com/) and as may be varied from time to time.
    • 1.12 “Implied Term” means a term implied into this agreement by consumer protection legislation (Competition and Consumer Act 2010) and which such legislation prohibits from being excluded, modified or restricted.
    • 1.13 “Account” means the Account created as a result of the agreement made between the customer and Linear G (including but not limited to Dial-Up Internet Access, ADSLĂ‚ internet accounts, hosting accounts, banner advertising accounts and other services stated in the agreement between the customer and Linear G).
    • 1.14 “Defined Abuse” means misuse of the provided service(s) by:
      • 1.14.1 intentionally providing false information to Linear G;
      • 1.14.2 using or distributing a customer’s username and password;
      • 1.14.3 engaging in the practice known as ‘spamming’;

        1.14.4 using the service in an unlawful manner;

      • 1.14.5 using the service to menace or harass others;
      • 1.14.6 unauthorised or fraudulent usage of the service;
      • 1.14.7 the use or distribution of components designed to compromise system security. This includes credit card generators, password guessers, crackers, packet sniffers, network probes, and other such components;
      • 1.14.8 deliberate or reckless disruption of Linear G’s services or disruption of another customer’s service. This includes, but is not limited to, damage to internet connected resources, Denial of Service attacks, hacking, distributing computer viruses and e-mail bombardment.
      • 1.14.9 providing illegal, indecent, pornographic, fraudulent, threatening, damaging or misleading material, or information about how to obtain such material through your personal web space, E-mail or any other means.
      • 1.14.10 engaging in unauthorized activities in relation to other peoples’ intellectual property; or
      • 1.14.11 any other manner reasonably determined by Linear G.
  • 2 PRICE CHARGES AND BILLING
    • 2.1 You must pay to Linear G:
      • 2.1.1 all Charges for the service as advised to you by Linear G;
      • 2.1.2 any Goods and Services Tax (GST) (or like imposition) associated with this agreement.
    • 2.2 Each plan period is charged in advance. Any additional charges accrued during a given plan period are either charged subsequent to the plan period or are charged as a seperate service with their own due date, however are still charged under this agreement.
    • 2.3 Linear G may change the charges at any time (but will not change any charges which have already been incurred). It is your responsibility to make sure you are aware of these changes, as published on the Linear G Web page (http://www.linearg.com/). Linear G will take reasonable steps to ensure each affected party is aware of these chages, however is not legally responsible.
    • 2.4 Where You have nominated credit card payments, to the extent permitted by law you irrevocably authorise Linear G to:
      • 2.4.1 automatically debit the charges for the first plan period and subsequent plan periods against Your credit card;
      • 2.4.2 automatically debit any outstanding charges against Your credit card at any time, including after termination or suspension of the Internet Account;
      • 2.4.3 disclose your personal and financial details to a financial institution or credit card issuer in order to verify your details, and determine your ability to pay the account.
    • 2.5 You are responsible for providing and paying for all communication, connection and usage charges (including without limitation telephone charges, line charges, ISDN charges and other charges involved in the connection between your premises and the point of presence used for the internet access), modems, hardware, software, and other devices (other than the Equipment) necessary for use of the Internet Access.
    • 2.6 You are responsible for ensuring the telephone number you are dialling to connect to the particular services is a local call.
    • 2.7 Download volume calculations include all material transferred to your computer through the service provided.
    • 2.8 You are responsible for monitoring your download volume (accessable via the Customer Login Section on the Linear G Web Site), and Linear G hold no responsibility for quantity and/or material downloaded in each plan period.
    • 2.9 You must pay disputed charges. A credit may, at Linear G’s discretion, be issued at a later date.
    • 2.10 Where you dispute the charges, You must notify Linear G immediately after receiving your bill or credit card statement.
    • 2.11 You are responsible for all costs associated with material or other products and services obtained from third parties through the service provided.
    • 2.12 Where your account is overdue, Linear G may, at their discretion, disable any services that are assosciated with the account in arrers.
    • 2.13 Termination of your internet access before the end of your Plan Period may incur an administration fee and a breach in contract may attract a 100% payout of the contractually agreed amount owing.
    • 2.14 You give consent for Linear G to contact you regarding billing, customer services and general Linear G announcements, this contact includes but is not limited to e-mail, mail and telephone correspondence.
    • 2.15 In a case where a service provided by Linear G must use infrastructure provided by another service, which includes but is not limited to Dial-Up access, costs incurred by this service will not be covered by Linear G.
    • 2.16 All line speed upgrade or downgrade requests commence at beginning of next billing month, unless otherwise stated.
    • 2.17 All transactions are processed in $AUD, unless otherwise stated
  • 3 TERMINATION AND SUSPENSION OF ACCOUNT
    • 3.1 Linear G may, at its discretion, immediately suspend or terminate the Internet Account without notice in the following circumstances:
      • 3.1.1 during any investigation of alleged Defined Abuse;
      • 3.1.2 where You fail to pay the Charges;
      • 3.1.3 where your financial position is significantly changed, including without limitation, bankruptcy, insolvency, a winding up application or the appointment of a receiver;
      • 3.1.4 in an emergency or to safeguard the provision of services to any Customer;
      • 3.1.5 if you breach this Agreement;
      • 3.1.6 where you have provided any misleading, false or incomplete information to Linear G;
      • 3.1.7 where your nominated payment method is refused or dishonoured by Your nominated financial institution;
      • 3.1.8 where you fail to notify Linear G of a relevant change to your personal details.
    • 3.2 Linear G is not required to issue you a refund if the account is suspended or terminated for any of the reasons in clause 3.1, except as required by law.
    • 3.3 Your service account will continue until the service is terminated, in form of written authorisation, in accordance with this Agreement.
    • 3.4 You may terminate or suspend the your account at any time by giving at least 7 days written notice to Linear G. The termination or suspension will take effect at the end of your current Plan Period. The issuing of a credit or refund for any unused services will be at Linear G’s discretion, except as required by law.
    • 3.5 Linear G may terminate the service without cause by giving 24 hours written notice to you. You may apply for a pro-rata refund for any Charges already paid by You. Linear G may levy a reasonable fee for any costs incurred as a result of the early termination.
    • 3.6 Linear G may delete any storage facilities used by you on termination or suspension of this Agreement.
    • 3.7 All Equipment remains the property of Linear G and must be returned after termination of this Agreement.
    • 3.8 Linear G may request written confirmation to authorise any changes and/or cancellations in regard to your account.
  • 4 USE OF THE SERVICE
    • 4.1 Linear G will provide you with a unique username and password, which you agree not to disclose to any third party.
    • 4.2 You are not authorized to use the service unless your application has been accepted by Linear G.
    • 4.3 You will supervise any minors who use the service. You understand that Material obtainable through the Internet or other service may not be suitable for minors.
    • 4.4 You must not modify your username. Linear G may modify Your username at its discretion.
    • 4.5 You must not maintain or permit multiple concurrent connections to the service.
    • 4.6 To the extent permitted by law, Linear G may monitor Material You transfer through the service. This information may be disclosed to third parties without notice.
    • 4.7 You must not resell any service, unless Linear G expressly allows otherwise in writing.
    • 4.8 You are responsible for maintenance and care of equipment you use to connect to the service, including backup of all information (including without limitation software and data).
    • 4.9 Linear G may disconnect you from the service at their discretion, or after you have exceeded the specified limitations associated with your chosen account (these limitations are available upon request)
    • 4.10 Where Your use of any storage facilities exceeds specified limits (storage limits are available upon request), Linear G may remove any of the stored information without notice. This includes, without limitation, information in your e-mail mailbox and your personal Web space.
    • 4.11 Linear G may delete e-mail sent to or from you where:
    • 4.11.1 individual messages are greater than a specified limit (E-mail storage limits are available upon request);
    • 4.11.2 messages remain on Linear G’s servers for more than 90 days.
    • 4.12 You must not connect a sub-network to the service, unless Linear G expressly allows otherwise in writing.
    • 4.13 You must not engage in Defined Abuse.
  • 5 ACCOUNT SECURITY & ABUSE
    • 5.1 You are responsible for ensuring the security of your account by:
      • 5.1.1 exercising due care when choosing passwords;
      • 5.1.2 choosing passwords which contain both letters and numbers;
      • 5.1.3 regularly changing your password;
      • 5.1.4 never recording your password on your computer, and safely storing your password;
      • 5.1.5 ensuring that your computer system is up to date and secure;
      • 5.1.6 maintaining current anti-virus, firewall and other appropriate security measures;
      • 5.1.7 exercising due care when using and retrieving Material through the service.
    • 5.2 You are entirely responsible for all use of the service by any person using your username and password.
    • 5.3 Linear G may take reasonable steps to investigate an allegation of Defined Abuse.
    • 5.4 Where you are found to have engaged in Defined Abuse (without prejudice to Linear G’s other rights):
      • 5.4.1 Linear G may provide your particulars to any third party affected by your conduct;
      • 5.4.2 Linear G may charge you $110 per hour for time spent investigating the Defined Abuse;
      • 5.4.3 Linear G may charge you $5.00 per hour for use of the service that was abused;
      • 5.4.4 any storage facility you utilised may be removed without notice;
      • 5.4.5 Linear G may immediately terminate this agreement without notice.
  • 6 GENERAL
    • 6.1 You warrant that you are an individual, are over 18 years of age and are authorized to enter into this Agreement.
    • 6.2 Use of the service constitutes unconditional acceptance of this Agreement by you.
    • 6.3 Linear G may vary this Agreement at any time. It is your responsibility to make sure that You are aware of these changes, as notified to You or as published on the Linear G web page (http://www.linearg.com/). Continued use of the Internet Service constitutes acceptance by You of any changes.
    • 6.4 Failure by Linear G to act immediately on any right under this Agreement does not waive any such right.
    • 6.5 You warrant that all information you provide to Linear G is true and correct. You must notify Linear G immediately should any relevant details change.
    • 6.6 Unless agreed otherwise by Linear G, you are the only person authorized to request account information, make account changes, or receive customer service or support.
    • 6.7 For the duration of this Agreement, You shall provide Linear G, free of charge, with all assistance, information, access, facilities and services reasonably required by Linear G to enable it effectively to exercise its rights or perform its obligations under this Agreement.
    • 6.8 You may not assign your rights or obligations under this Agreement without the prior written consent of Linear G. Linear G may assign its rights and obligations under this Agreement at any time without your consent.
    • 6.9 If any provision of this Agreement is void, unenforceable, invalid or illegal, that provision shall be deemed deleted and the remainder of this Agreement shall remain in full force and effect.
    • 6.10 Linear G has no control over other web sites we may link to, and we take no responsibility for the conduct of these companies. Always read the Terms and Conditions when using other web sites.
  • 7 GOVERNING LAW AND JURISDICTION
    • 7.1 On the 1 January, 2011, the Australian Consumer Law became the sole government of this Agreement. Each party submits to the jurisdiction of the Australian Courts and Tribunals.
    • 7.2 This Agreement contains the entire understanding between You and Linear G. No other written or verbal correspondence affects the meaning or interpretation of this document.
    • 7.3 Where software is supplied to you by Linear G, you agree to abide by any associated copyright and licensing restrictions including but not limited to, the number of computers the software is installed on, sublicensing the software and assignment of your rights and obligations to the software.
  • LIABILITY
    • 8.1 The liability of Linear G in respect of a breach of an Implied Term relating to the supply of any goods or services is to the full extent permitted by law limited to, at Linear G’s option:
        • 8.1.1 in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; and the payment of the cost of having the goods repaired; and
        • 8.1.2 in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
      • 8.2 Subject to any law to the contrary and clause 8.1:
        • 8.2.1 You agree that Linear G’s liability in relation to any claim, loss or damage and any associated costs whether arising under or in relation to this Agreement, any tortious act or omission (including without limitation negligence) or under common law or statute, is excluded;
        • 8.2.2 the parties exclude any term, condition, warranty or representation which is not expressed in this Agreement (other than an Implied Term); and
        • 8.2.3 Linear G is not liable to You or any other person for any loss or damage (including but not limited to any loss of profits, business or anticipated savings or any other form of indirect or consequential loss), either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, in relation to this Agreement.
      • 8.3 Subject to this Agreement and any law to the contrary, You:
        • 8.3.1 acknowledge and agree that all relevant products and services supplied to You are not suitable for (and are not supplied for the purpose of) supporting any application which needs continuous or fault free service;
        • 8.3.2 are responsible for making Your own assessment of whether You need continuous and fault free services and obtaining and implementing advice about alternative services suitable for such purposes; and
        • 8.3.3 release Linear G and its related bodies corporate and their respective officers, employees, contractors and agents (the “Released Persons”) from all claims arising out of or in connection with all products and services.
      • 8.4 You indemnify Linear G and its related bodies corporate and their respective officers, employees, contractors and agents (collectively the “Indemnified Parties”) from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by the Indemnified Parties arising from or in connection with:
        • 8.4.1 any breach of, or failure to comply with, the terms of this Agreement by You;
        • 8.4.2 any damage to the Indemnified Party’s network or other damage to property or persons caused by You or any person using the Internet Access (a “Permitted User”);
        • 8.4.3 the use of the Internet Access by You or a Permitted User;
        • 8.4.4 the reproduction, broadcast, use, transmission, communication or making available of any Material by You or a Permitted User, using the Internet Access;
        • 8.4.5 any alleged breach of a person’s rights (including, but not limited to, defamation and intellectual property rights) through use of the Internet Access by You or a Permitted User; and
        • 8.4.6 any equipment or a facility owned or controlled by You which causes a fault in, or interferes with, the operation of any system or network owned or operated by Linear G.
        • 8.5 All information, advice or software is provided to You on an “as is” basis. Linear G is not responsible for any losses resulting in its provision or use.
      • 8.6 If Your activities (in Linear G’s judgment) unreasonably restrict, inhibit, or degrade any other Customer’s use of the Services, or represent an unusually large burden on Linear G’s staff or the Linear G network, Linear G may terminate or suspend this Agreement.
      • 8.7 You must ensure that Your software, computer and communications equipment is compatible with Linear G’s systems.
      • 8.8 Linear G 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.
      • 8.9 Linear G will endeavour to make the Internet Access available 24 hours a day 7 days a week. Linear G does not warrant that the service will be uninterrupted or error free.
      • 8.10 You use the Internet Access at Your own risk. You agree that Linear G is neither responsible nor liable for any Material obtained through the Internet Access. You agree to abide by all applicable laws relating to use of the Internet Access.
      • 8.11 Where Your use of the Internet Access utilises services provided by third parties, You acknowledge and agree the third parties are not liable to You nor are they required to pay You any loss, costs or damages resulting from their actions.
  • 9 INSTALLATION OF EQUIPMENT AT YOUR PREMISES
    • 9.1 You are liable for any Charges associated with the installation of any equipment at your premises.
    • 9.2 Installation of any Equipment will be in consultation with you, however, the technician will decide on the position of equipment. All connections that must be made to enable a service to be utilised will be made to a position that the technician chooses. All additional wiring the customer requests are considered an additional service and will be charged on a case-by-case basis.
    • 9.3 Subject to any law to the contrary, You are responsible for the cost of repairing or replacing any faulty equipment (including the equipment), provided that Linear G will, where possible, pass on the benefit of any manufacturer’s warranty in respect of the equipment.
    • 9.4 You must provide a safe environment for the installation, maintenance and removal of any equipment.
    • 9.5 Subject to this clause, you warrant that you are the owner of the premises where the installation of the equipment is to take place. Where you are not the owner of the premises, you must provide Linear G with written evidence from the premises owner or landlord that the required work can be carried out.
    • 9.6 Where the installation of equipment involves a telephone line, you warrant that you are the legal lessee of the phone line and any properties involved.
    • 9.7 Linear G retains full rights, title and interest to any leased equipment. You must not interfere with the equipment without the prior written consent of Linear G.
    • 9.8 You shall assume all risks and liabilities for and in respect of the equipment.
    • 9.9 Where the equipment is affixed, attached or secured to land or premises, the equipment shall be deemed not to be a fixture and may be removed by Linear G at any time in accordance with this Agreement.