PRIMUS-AOL TERMS OF SERVICE (FOR THE AOL SERVICE)
The AOL Service is a customised web browser and email program offering user-friendly communication and entertainment features. It includes Chat, Buddy List(tm) or Instant Messenger, Net Made Easy with a customised user friendly web browser. Access a large selection of information and entertainment channels covering a range of subject areas. Receive extra value with the free inbuilt spam filter. Particularly useful for kids are the Kids, Games and Learning Channels, as well as the free inbuilt parental controls. These Primus-AOL Terms of Service apply to users of the AOL Service (also referred to as the AOL Difference). These Terms of Service apply to the Primus-AOL internet access service to the AOL Service (referred to as Dial Up with the AOL Difference) as well the use and access of the AOL Service through Primus-AOL or third party internet access services.
The Primus-AOL Terms of Service have four parts:
1.
The AOL Community
Guidelines;
2.
The Primus-AOL
Member Agreement;
3.
The Primus-AOL
Privacy Policy; and
4.
Primus-AOL Terms of
Service Schedule - ACIF Codes: special rights and protections.
If you access or use websites within the AOL Service (Primus-AOL Network) the AOL Terms and Conditions of Use also apply. These can be viewed at copyright.php
Like any city, Primus-AOL takes pride in -- and is protective of -- its community. That's why the AOL community standards are important. Communities of all sizes rely on civic pride and the duty of all citizens to help with things like picking up rubbish, getting out of the way of ambulances, reporting crime, and abiding by the law. These Community Guidelines tell you what you can expect from the AOL Service, as well as the kind of online behaviour we expect of you. We include some tips for protecting yourself online. Community standards are always evolving, so it's important that you periodically check these Guidelines (as well as the guidelines in your favourite areas) for updates, new information, or additional safety tips. It's all part of taking pride in and protecting the AOL community. Thanks for doing your part.
Here are the basics (read further for more detail):
By content, we mean the information, software, communications,
images, sounds, and all the material and information you see online. Most
content on the AOL Service is provided by Primus-AOL and the other
international AOL Services, our members, or under licence by our content
partners. Primus-AOL does not check, review or monitor all content, programs,
information or other material which may be made available on the AOL Service,
especially if that material has been placed on the Service by other members
through download databases, message boards or content areas. Primus-AOL
excludes all liability for any loss or damage which might arise from such
material, including any virus which may be contained in it, but our content partners are expected to ensure that their content
on the Service reflects our Community Guidelines. We reserve the right to
remove content that does not meet those Guidelines. Bear in mind that we can do
this only on the AOL Service: we cannot do it on the Internet outside the AOL
Service (see Content and Behaviour on the Internet).
Members like you also generate content in chat rooms, message boards, Web pages, etc. It is essential that this kind of content also reflects our community standards, and we may remove it if, in our best judgment, it does not meet those standards. When we do, you may receive a warning about the violation of AOL's standards if your account (any of the screen names) was responsible for putting the objectionable content online. If it's a serious offence or you've violated our rules before, we may terminate your account.
Primus-AOL applies the same standards to its own and its partners' content that it applies to member content. Remember that community standards vary from community to community. Some chat rooms may use stronger language than others. Obviously, some online areas may deal with more adult-oriented topics, such as sexual dysfunction, rape, or infidelity, and we offer our members Parental Controls so that you may ensure that kids who use your account can't see that mature content (see Keyword: Parental Controls). In most places on the AOL Service, vulgar language or sexually explicit conduct are no more appropriate online than they would be at a family dinner. So while the guidelines may vary a bit depending on the online area you're in, in general, these guidelines apply:
Language: Mild expletives and non-sexual anatomical references are allowed, but strong vulgar language, crude or explicit sexual references, hate speech, etc. are not, regardless of where they appear on the Service. This also applies to AOL screen names, content of Member Profiles, Chat room names and other publicly available areas on the AOL Service. If you see it, report it at Keyword: Notify AOL.
Nudity: Photos containing nudity in a scientific or artistic context are OK in some places (not all). Partial or full frontal nudity is only displayed in areas that are visible to members at the age of 18 and older who are holding the master account. Partial or full frontal nudity is not permitted if the images are of people, under the age of 18 years or where the images may be reasonably construed to be of people under the age of 18 years. Partial and full nudity is not permitted where the images are sexual in nature or in real or apparent depictions of sexual acts.
Sex/Sensuality: There is a difference between affection and vulgarity. There is also a difference between a discussion of the health or emotional aspects of sex using appropriate language, and more crude conversations about sex. The former is acceptable, the latter is not. For example, in a discussion about forms of cancer, the words "breast" or "testicular" would be acceptable. Slang versions of these words may be acceptable where such language could reasonably be understood as relevant to the audience for such content in an educational or informative context. Slang versions of these words, if exploitative or derogatory, are not acceptable.
Violence and drug abuse: Graphic images of humans being killed, such as in news accounts, may be acceptable in some areas, but blood and gore, gratuitous violence, etc., are not acceptable. Discussions about coping with drug abuse in health areas are okay, but discussions about or depictions of illegal drug abuse that imply it is acceptable are not.
Please bear in mind that these are only guidelines; there is always a "grey area." Use your best judgment. Ask yourself if this is something that you would say in a room full of people you never met, or in the workplace. Primus-AOL reserves the right to remove content which is, in its absolute discretion, considered to be objectionable, offensive or counter to the standards which Primus-AOL wishes to uphold, regardless of whether the Australian Broadcasting Authority also objects to that content or is in breach of the IIA Codes of Practice.
With all the content posted on the AOL Service every day by AOL members, we can't possibly monitor all of it, and we do not attempt to do so. Therefore, you might occasionally encounter something you don't want to see. You can ignore it, but we prefer you report it using the Keyword: Notify AOL. Good judgment is important, especially when you encounter the opinions of others. Primus-AOL doesn't endorse or oppose opinions expressed by our members, but we do sometimes take issue with the manner in which the opinion is expressed. Hate speech is never allowed.
Online conduct should be guided by common sense and basic etiquette. You will be considered in violation of the Terms of Service (TOS) if you (or others using your account) do any of the following:
Obey the rules wherever you are. This includes the rules of other interactive services, the AOL Service area guidelines, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. "Netiquette" is used all over the Internet. Whether you are on the AOL Service or using other Internet functions, it's important to be polite. Many newsgroups, Web communities, and the like have their own community guidelines or standards, and you should consult them before interacting.
Remember that new AOL Service features or technologies are always subject to the Terms of Service.
The laws that apply in the offline world must be obeyed online as well. You must not use the AOL Service to contravene any relevant laws or codes. We have no tolerance for illegal behaviour on the Service. We terminate accounts and cooperate with law enforcement on such matters.
In addition to providing you with an easy way to report illegal activity, we or our partners may in some instances monitor public areas. Our Community Leaders are there to help you and to help us maintain community standards for select areas. We do not monitor private areas, such as private chat rooms, Instant Message™ conversations, or e-mail. Regardless of the area, the AOL Service may be used only for lawful purposes. Just because we may not be monitoring the area you're in at that point in time doesn't mean we won't uphold our standards. In addition, Primus-AOL reserves the right to treat as public any private chat room whose directory or room name is published or becomes generally known or available.
Mail controls allow you to:
Protection of copyright and trade marks
Most of the content available on the AOL Service, as on the Internet, is owned by others and is protected by copyright, trade marks, and other intellectual property rights. It's very easy to copy things in cyberspace, but just because it's easy doesn't mean it's acceptable or lawful. Unauthorised copying of software and content is illegal, and you can be subject to criminal and civil penalties beyond the termination of your membership. We take this seriously. Similarly, other content owners may take criminal or civil action against you. All the content you transmit must either be your own or must be transmitted with express authorisation for distribution on the AOL Service or the Internet.
Bear in mind that some areas of the AOLService are "public," like message boards, forums, or the Member Directory and other members will have access to your posted material and might copy, modify or distribute it. By submitting content in these public areas, you grant to Primus-AOL and other members the complete right to use, reproduce, modify, distribute, etc. the content in any part, anywhere.
Content and behaviour on the Internet
Primus-AOL
provides you with access to the Internet, which is different from the AOL
Service. E-mail to or from non-AOL members, newsgroups, FTP, the World Wide
Web, etc. are outside of the boundaries of Primus-AOL. However, as a Primus-AOL
member you are required to follow the Primus-AOL Terms of Service no matter
where you are on the Internet. If another ISP or Internet organisation reports
you to us, we will take appropriate action against your account the same as we
would if you had committed a violation on the AOL Service. If you see anything
on the Internet or the World Wide Web which you believe may be illegal or
offensive, you are entitled to complain to the
Primus-AOL offers (but does not necessarily support) Web site publishing capability to encourage you to participate in a variety of online communities on the AOL Service. We regard such communities as part of the AOL Service, and we will enforce the AOL community guidelines for member-created Web pages.
Use of the Internet is at your own risk, and Primus-AOL cannot be responsible for the content and conduct you may encounter. If the content or behaviour originates outside the AOL community, we cannot remove it and are limited in the actions we can take. In addition, not every Web site you encounter will have a privacy policy and those that do may differ from Primus-AOL's. Be very careful about giving out personal information.
Since the Internet contains goods and services that may not be appropriate for minors (or some adults!), you may want to use our Parental Controls (Keyword: Parental Controls) to block access to certain parts of the Internet for your account or sub-accounts, especially if children are online in your home.
You should use appropriate labelling systems, in respect of material published by you via the Internet which is likely to be considered unsuitable for children according to the National Classification Code, even though it may not Prohibited or Potential Prohibited Content as defined by Broadcasting Services Act, 1992 (as amended).
You must be aware that placing certain content on the Internet may give rise to criminal or civil liability under applicable State, Territory or Commonwealth law.
This includes but is not limited to material that is or would be classified RC or X and includes material that is or would be classified R, where a restricted access system, which complies with the criteria determined by the Australian Broadcast Authority, is not in place. More information:
The AOL Service
also allows you to visit AOL International areas online. These areas may have
different rules for conducting yourself and different standards for acceptable
content. You should refer to the local rules in those areas; in general,
"when in
Getting help: Online resources
Like the rest of the world, the AOL Service may contain some material that is inappropriate for children, young teenagers, or to some adults. Content in chat rooms is expressed immediately, so it can't be monitored in advance. Whether or not content is appropriate for children or for your tastes is up to you. We want to make sure that you have the ability to control what you or your children see.
The AOL Service provides many online means of modifying the online environment, all of which can be controlled by the master account.
Parental Controls (Keyword: Parental Controls). Parental Controls allow the master account holder to adjust the online access of children on that account as they mature. You can designate each screen name as a child, young teen, mature teen, or 18+ account. Designating an account as a child or young teen account restricts your child's access to certain areas on the AOL Service and the Internet (when accessed through the AOL Service) and to Internet services available through the AOL Service, such as online transactions. Each of these restrictions can be customised. But remember: No system of controls makes up for good old-fashioned parental supervision. We recommend that you monitor your child's use of the AOL Service and that you make sure that your children understand the AOL Service's Safety Tips.
Web Controls (Keyword: Parental Controls). Web Controls let you restrict your child's access to the World Wide Web. You can set controls to allow your child to go only to pre-approved sites, or prevent your teenagers from going to identified pornographic sites on the Web. Web Controls (Keyword: Parental Controls) provide you with more information and helpful links on how to supervise and control children's access to the Internet and on procedures which can be used to achieve this.
Mail Controls (Keyword: Mail Controls). Mail Controls allow you to:
Marketing Preferences (Keyword: Marketing Prefs). Primus-AOL occasionally makes our membership mailing list available to companies whose products or services may be of interest to you in accordance with our Privacy Policy. Marketing Preferences allows you to tell us if you do not want your name to be released to other organisations. You can also tell us if you do not want to receive member offers from Primus-AOL.
For more information about online safety and security, check out the following:
Member Services (Keyword: Help). This area has answers to a wide range of questions about the AOL Service.
How to Notify Primus-AOL of Problems Online
There are two ways to inform AOL's Community Action Team (CAT) of breaches you have either seen or been subject to online. AOL's CAT is a highly trained group responsible for educating and empowering members and for enforcing the AOL Service's content and conduct standards. CAT can issue written warnings and, should the violation(s) be serious enough, terminate an account. Please bear in mind that sending false reports of TOS violations is a violation of TOS itself.
You can notify Primus-AOL of a violation by going to Keyword: Notify AOL or by using the Notify AOL button. Using Keyword: TOS or Keyword: Terms of Service allows you to review these guidelines.
When in a chat room, you can also click the Notify AOL button. This allows you to report a problem without having to leave your chat room.
Updated 27 August
2004
The Primus-AOL Member Agreement
The Primus-AOL Member Agreement is a legal document that details your rights and obligations as a member of the AOL Service offered by Primus Online Pty Ltd ABN 29 092 063 691 ("Primus-AOL"). The Primus-AOL Member Agreement, the AOL Community Guidelines and the Primus-AOL Privacy Policy comprise the Primus-AOL Terms of Services (TOS). You cannot become a Primus-AOL Member until you have accepted the terms of the Member Agreement. The Member Agreement provides very important information about your Primus-AOL membership, so you should take the time to read and understand it. If you have questions about the Member Agreement, or about your rights and responsibilities as a Primus-AOL member, please contact us by e-mail at AussieHelp@AOL.com. You should also take the time to review the Primus-AOL Privacy Policy and the AOL Community Guidelines which reflect Primus-AOL's current policies. The Internet and online world is changing rapidly and as technology and as Primus-AOL's business continues to evolve, these policies may have to be updated or revised. Since these Privacy Policies and Community Guidelines may change, you should check Keyword: TOS for the most current versions.
For the same reasons, it may be necessary for Primus-AOL to update or revise certain provisions of the Member Agreement. By joining Primus-AOL and accepting the Member Agreement you agree that Primus-AOL may change the terms of this Member Agreement. If Primus-AOL makes material changes or revisions to the Member Agreement, we will provide notice to you 30 days in advance. If you don't agree to the changes proposed by Primus-AOL, or to any of the terms in this Member Agreement, your only remedy is to cancel your Primus-AOL membership.
1. THE BASICS OF YOUR PRIMUS-AOL MEMBERSHIP
This Agreement is your entire agreement with Primus-AOL and governs your use of the AOL Internet online service. There may be additional terms and conditions if you use affiliate services like our international areas, other AOL or Primus-AOL services or products such as AOL Instant Messenger service or third-party software and/or services. To access the AOL Service you must accept the terms of this Agreement and comply with the AOL Community Guidelines. To be a Primus-AOL member, you must be at least 18 years old and supply a valid Australian address and phone number for registration. If you are not yet eighteen years old, you may still use the AOL Service, but only if the account was created and registered by your parent or guardian. If you have joined Primus-AOL on one of our free months trial or as one of our limited "special offer" members, you should remember that we reserve the right to limit you to just one trial, and just one special offer.
When you accept this Agreement and complete the AOL Service registration process, you become the "master account" holder, and Primus-AOL provides you with a limited, non-exclusive licence for no more than the term of your membership to use the screen name you select for your "master account." Primus-AOL also allows you to have up to six additional "sub-accounts" or screen names of your choice. Your screen name is your online identity. You may not use a screen name that is used by someone else, and your screen name cannot be vulgar, or be used in any way that breaches the other parts of the Member Agreement or the Community Guidelines.
As the master account holder, you are responsible for all activity on your account and on any of the sub-accounts, and breaches or warnings accrued by the sub-accounts can lead to termination of the master account. If warnings or breaches are received by sub-accounts, the master account will also receive notification. You may also receive important notices about your membership from time to time that may not be provided to the sub-accounts, so it is important for you to regularly check your master account mailbox. Because you are responsible for all use of your account, you should supervise the use of your account by others. This is especially important when children are using the service; children are safer online and get more out of the experience with adult supervision. It is important that you not reveal your password to other users and Primus-AOL will never ask you for your password. You agree not to reveal your password to other users and you agree to indemnify and hold Primus-AOL harmless for any improper or illegal use of your account where you have contributed to the illegal or improper use by voluntarily disclosing your password, indicating, or keeping a record of, your password (without making any reasonable attempts to disguise the password) in any place where access to the password may be obtained. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately. If your membership is terminated for violating this Agreement or the Community Guidelines, Primus-AOL's express permission will be necessary before you are allowed to use the AOL Service again.
2. CHARGES, BILLING AND YOUR FIRST MONTH OF MEMBERSHIP
Primus-AOL reserves the right to change our fees or billing methods at any time and Primus-AOL will provide notice of any such change at least thirty days in advance in the same manner described above for changes to the Member Agreement. Primus-AOL also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply even during your free months membership or one of our limited "special offer" trials). The answers to many common billing questions can be found by going to Keyword: Billing, or by contacting a Primus-AOL customer service representative at 1800 265 265. If you don't like the changes in fees or billing methods, you may cancel your membership at any time, subject to the offer conditions and plan terms of the Price Plan you are on at the time of cancellation, but Primus-AOL will not refund any remaining portion of the monthly fee when you cancel your membership. Special conditions may apply to your free months membership trial- these will be included in the documents you received with your AOL CD. You should check these conditions carefully as they will explain any special restrictions or charges you will be liable for. After your free months membership, your account will automatically continue, unless you cancel it.
As the master account holder, you are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account or sub-accounts, including your children, other members of your family or friends. Applicable taxes include (as used in the A New Tax System [Goods and Services Tax] Act 1999) or any other goods and services tax. Applicable tax must be paid at the same time as membership fees are paid. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorised to use your account or sub-account, you will be responsible for all usage and purchases under your account or sub-accounts.
There may be extra charges to access certain premium content on the AOL Service. Primus-AOL will provide notice of any extra charge before you enter the premium area. You are responsible for any charges for premium content incurred using your account (including sub-accounts) and these charges apply even during your free months membership or one of our limited "special offer" trials. AOL Parental Controls allow you to prevent sub-accounts from accessing premium or surcharged content. For more information go to Keyword: Parental Controls. Some Web sites charge separate fees, which are not included in the cost of your Primus-AOL membership. Primus-AOL provides access to a large number of third-party vendors, who provide content, goods and or services on the AOL Service or the Internet. Any separate charges or obligations you incur in your dealings with these third-parties are your responsibility and are not part of the fee charged for your Primus-AOL membership.
Payment is possible via the nominated credit cards. For most billing plans we will be charging your designated card every month, but some charges may accumulate on your account before they are charged to your card. You should go to Keyword: Billing and read about Primus-AOL's Billing Methods for more information. Every time you use the AOL Service, you reaffirm that Primus-AOL is authorised to charge your credit card. You also agree to authorise Primus-AOL to charge purchases you make online to the credit card you supplied to Primus-AOL when you joined.
Primus-AOL expects you to pay your account balance on time. Primus-AOL will give you 10 days from the date on your account statement to pay your bill. Primus-AOL will assess an additional 1.5% per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including legal and collection fees, that Primus-AOL may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let us know about any billing problems or discrepancies within 180 days after they first appear on your account statement. If you do not bring them to Primus-AOL's attention within 180 days, you agree that you waive your right to dispute such problems or discrepancies.
Primus-AOL has an extensive network of access phone numbers throughout the country, but it is still possible that the nearest AOL Service access number might be a long distance or not a local call from your location. Any telephone charges incurred connecting to the AOL Service are your responsibility. Since these charges are your responsibility, you should contact your local telephone company if you have a question about whether an AOL Service access number is a long distance or not a local call from your location. Primus-AOL also provides several surcharged national access phone numbers (for the current surcharge rate, go to Keyword: Access). If you choose to use these surcharged numbers to access the AOL Service, you agree to pay the currently applicable surcharge to Primus-AOL. If you have other questions about access phone numbers, you should consult Keyword: Access. It is important to note that you can incur long distance or not local call or surcharges for national access even during your free months membership or one of our limited "special offer" trials.
3. ONLINE CONDUCT AND CONTENT
Content
By content, Primus-AOL means the text, software, communications, images, sounds other information provided online. Most content on the AOL Service is provided by Primus-AOL, Primus-AOL or AOL members, Primus-AOL affiliates, America Online, Inc, or independent content providers under licence. In general, Primus-AOL does not pre-screen content available on the AOL Service. Primus-AOL does not assume any responsibility or liability for content that is provided by others. Primus-AOL does reserve the right to remove content that, in Primus-AOL's judgment, does not comply with AOL's current Community Guidelines, but Primus-AOL is not responsible for any failure or delay in removing such material. Keep in mind that Primus-AOL is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to Primus-AOL or its members.
One of the most exciting aspects of this medium is that individual members have the ability to create their own content and voice their own opinions. Primus-AOL encourages Members to participate and express their views -- after all, that is what makes your experience interactive. But it is important to remember that there are rules and standards that you must abide by as a Primus-AOL Member. These rules and standards are described in the AOL Community Guidelines. As a Primus-AOL Member, you agree to follow the AOL Community Guidelines and you acknowledge that Primus-AOL has the right to enforce them in its sole discretion. This means that if you, or anyone using your account, breach the AOL Community Guidelines, Primus-AOL may take action against your account. This can range from the issuance of a warning about a breach to the termination of your account. You understand Primus-AOL is not required to provide notice prior to terminating your account for breaching these rules and standards, but it may choose to do so. Additionally, as a Primus-AOL member, you may have access to other Primus-AOL and AOL branded services, such as AOL Instant Messenger service, that are available to Primus-AOL and AOL members and to other Internet users. When using these AOL branded services, your conduct remains subject to this Member Agreement; however, non-Primus-AOL members who use these services will not be subject to this Member Agreement and as a result you understand that these other users may not be governed by the same rules or standards. Because of the changing nature of the Internet and Online Services, the Community Guidelines may change at any time. You can always find the most current version of the AOL Community Guidelines at Keyword: TOS.
Unsolicited Bulk E-mail
Your Primus-AOL membership allows you to send and receive e-mail to and from other Primus-AOL and AOL members and users of the Internet. This does not mean that you may use the AOL Service to send unsolicited bulk e-mail or junk e-mail. Information about unsolicited bulk e-mail can be found at Keyword: Junk Mail. Your Primus-AOL membership and your authorisation to use the AOL e-mail service do not allow you to send unsolicited bulk e-mail or to cause unsolicited bulk e-mail to be sent by someone else. You may not use the Member Directory or any other area of the AOL Service to harvest or collect information, including screen names, about Primus-AOL or AOL members, and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. Any violation of these provisions can subject your Primus-AOL account to immediate termination and further legal action. If you have received junk e-mail and want to report it, simply use the Forward button on the e-mail screen and send the e-mail to screen name TOSSpamAU@AOL.com. Primus-AOL also reserves the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, using or remaining within the AOL Service Network.
Proprietary Rights
Much of the content available on our service is owned by others, and is protected by copyright, trade marks, and other intellectual property rights. It is very easy to copy things in cyberspace, but just because it is easy doesn't mean it is acceptable or legal. Any content that you upload or download while using the Service must be authorised; this means you must have the legal right to upload or download the content. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on the AOL Service, unless you have the legal right to. Making unauthorised copies of any content found on the AOL Service can lead to the termination of your Primus-AOL account and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless, indemnify and keep indemnified Primus-AOL and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Bear in mind that some areas of the AOL Service are "public," like message boards, forums, or the Member Directory, and other members will have access to your posted material and might copy, modify or distribute it. By submitting or posting content there, you are representing that you are the owner of such material or have authorisation to distribute it. Once you post content on the AOL Service, you expressly grant Primus-AOL the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.
4. PRIMUS-AOL SOFTWARE LICENCES
Primus-AOL provides you with a limited licence to use our software, which you agree to use in accordance with these rules. You may not sub-licence, or charge others to use or access, our software without first obtaining written permission from Primus-AOL. Primus-AOL will occasionally provide automatic upgrades to improve your online experience, and Primus-AOL employ virus-screening technology to assist in the protection of our network and our members. Primus-AOL reserves the right to log off accounts that are inactive for an extended period of time and we prohibit the use of tools that defeat the AOL Service's automatic log-off feature.
Primus-AOL grants to you a non-exclusive, limited licence to use AOL software to connect to the AOL Service from authorised locations in accordance with this Agreement. This licence is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from AOL software. You may not modify AOL software or use it in any way not expressly authorised by this Agreement. You understand that Primus-AOL's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by the AOL Service may vary depending on your computer and other equipment.
5. WARRANTY
Member expressly agrees that the use of the AOL Service, AOL software, and the Internet is at member's sole risk. The AOL Service, AOL software, Primus-AOL and AOL products, third-party virus checking technology and the Internet are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Primus-AOL does not guarantee that members will be able to access or use the Service at times or locations of their choosing, or that Primus-AOL will have adequate capacity for the service as a whole or in any specific geographic area. Primus-AOL's entire liability and our exclusive remedy with respect to the use of any software provided or used by Primus-AOL shall be the replacement of any AOL software found to be defective, unless Primus-AOL's liability is legally incapable of being limited in this manner, in which case Primus-AOL's liability will be limited to the maximum extent permitted by law. Your sole and exclusive remedy for any other dispute with Primus-AOL is the cancellation of your account as detailed below in section 7. In no case shall Primus-AOL be liable for consequential damages arising from your use of the AOL Service, the Internet or for any other claim related in any way to your membership with Primus-AOL. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Primus-AOL's liability will be limited to the maximum extent permitted by law. Primus-AOL does not endorse, warrant or guarantee any product or service offered through Primus-AOL and will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services.
6. INDEMNIFICATION
Upon a request by Primus-AOL, you agree to defend, indemnify, hold harmless and keep indemnified Primus-AOL and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers, licencees and content providers from all liabilities, claims and expenses, including legal fees, that arise from a breach of this Member Agreement for which you are responsible or from the use of the AOL Service or the Internet, or in connection with your transmission of any Content on the AOL Service. Primus-AOL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by a Member. In that event, the member shall have no further obligation to provide indemnification for Primus-AOL in that matter.
7. TERMINATION AND CANCELLATION
Either you or Primus-AOL may terminate or cancel your membership at any time, subject to the offer conditions and plan terms of the Price Plan you are on at the time of cancellation. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Primus-AOL. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Primus-AOL's enforcement or application of this Agreement; (2) any policy or practice of Primus-AOL, including AOL's Community Guidelines and the Primus-AOL Privacy Policy, or Primus-AOL's enforcement or application of these policies; (3) the content available through the AOL Service or the Internet or any change in content provided through Primus-AOL; (4) your ability to access and/or use the AOL Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your membership by delivering notice to Primus-AOL's Member Services Department at 1800 265 265, or by sending your cancellation request via Australia Post to Primus Online Pty Ltd PO Box 631, Collins Street West, Melbourne VIC 8007. Cancellation will take effect within 72 hours of receipt of your request. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee contact Primus-AOL at the number above to have the charges reversed. Primus-AOL reserves the right to collect fees, surcharges or costs incurred before you cancel your Primus-AOL membership. In addition, you are responsible for any charges as set out in the offer conditions and plan terms of the Price Plan you are on at the time of cancellation or, if applicable, incurred to third-party vendors or content providers prior to your cancellation.
In the event that your account is terminated or cancelled, no refund, including any membership fees, will be granted; no online time or other credits (e.g. points in an online game) will be credited to you or can be converted to cash or other form of reimbursement. Active Primus-AOL Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with the Community Action Team or other Primus-AOL departments must be concluded before you may re-register with Primus-AOL.
8. LAW AND LEGAL NOTICES
The Member Agreement represents your entire agreement with Primus-AOL. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. Primus-AOL reserves the right to transfer, assign and/or novate the rights and obligations resulting out of this contract to a related company of Primus-AOL without further notice to you.
You also
understand and agree that the AOL Community Guidelines and the Primus-AOL
Privacy Policy, including Primus-AOL's enforcement of those policies, are not
intended to confer, and do not confer, any rights or remedies upon any person.
If any part of this Agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect. The laws of
You agree to abide by any Australian and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorisation. You further agree not to upload to the AOL Service any data or software that cannot be exported without prior written government authorisation, including, but not limited to, certain types of encryption software. This assurance and commitment will survive termination of this agreement.
This Member Agreement may be subject to applicable legislation, regulations and codes of practice.