OneBlog Terms and Conditions

These terms and conditions set out the terms on which we will provide the Service to you. Please read these terms carefully, and be sure that you understand them.

1 Your obligations

1.1 You must:

  1. be the same person as the customer of the ispOne Internet service to which this Service relates;
  2. comply with any terms set out in the Application;
  3. comply with the Acceptable Use Policy;
  4. pay all fees and charges associated with your use of the Service in accordance with clause 2;
  5. promptly notify us if you believe or suspect that the Service has been compromised or is being used in a manner that breaches this Agreement or the Acceptable Use Policy; and
  6. regularly check your default email address allocated by us for messages about your Service (or, if you have arranged for emails sent to your default email address to be forwarded to an alternate email address, you must check that alternate email address).

1.2 You acknowledge each of the following:

  1. the Service is only provided to you for so long as you continue to take a IspOne Internet service to which the Service relates;
  2. due to the nature of the Service, we do not promise that it will be continuous, accessible at all times or fault-free;
  3. we may remove Data from your personal webspace at any time if we reasonably determine that you are in breach of the Acceptable Use Policy or otherwise are in material breach of these terms but will tell you if we do this; and
  4. you are responsible for any use of the Service using your logon name and password.

1.3 We will archive your Data onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will use reasonable endeavour's to restore your Data from the last known good archive. Notwithstanding our backup regimes, you must maintain a recent copy of your Data at your premises at all times. You will ensure that all of your Data is accessible by us at the time that a backup is to be carried out for the sole purpose of our backup (including ensuring that files are not locked or in use during this time). You acknowledge that any of your Data that is not accessible by us at the time that a backup is carried out will not be backed up. While we use reasonable care in performing backups, we do not promise that backups will: (a) occur on every scheduled occasion, (b) be complete; or (c) be uncorrupted.

1.4 You are responsible for developing, installing and maintaining your Data. You must have appropriate and compatible equipment, software and Internet access to upload your Data to our systems.

1.5 You are solely responsible for the Data placed on your website, dealing with persons who access your Data, and must not refer complaints or inquiries in relation to your Data to us.

1.6 You must adopt appropriate measures to ensure the security of your logon name, password and Data.

1.7 You must advise us in a timely manner if you have reason to suspect that the Service is being used contrary to this Agreement or the Acceptable Use Policy.

1.8 The Service is provided from our data centre in Melbourne . We will determine, in our absolute discretion, the location from which your Service is provided from time to time.

1.9 You grant to us all rights, consents, permissions and licences necessary to enable us and our subcontractors and suppliers to legally view, copy and store your Data for the sole purpose of performing our obligations under this Agreement or any law.

1.10 No title in the hardware, infrastructure or facilities used by us to deliver the Service passes to you at any time.

1.11 If we provide you with software and terms and conditions accompany the software, then we provide that software to you on the terms and conditions that accompany it. In these instances it is very important that you read and understand those additional terms and conditions.

1.12 If we provide you with software and no terms and conditions accompany the software, then:

  1. We grant you a non-exclusive, non-transferable licence to use the Software for the sole purpose of using the Service on the terms and conditions of this Agreement;
  2. You must not use, or permit any person to use, the Software in any way that is not permitted by this Agreement; and
  3. Without limiting clause 1.12(b), you must not:
    1. use the Software on behalf of, or for the benefit of, any other person; or
    2. disassemble, reverse engineer or create more than one copy of the Software (unless you have a statutory right to disassemble, reverse engineer or create more than one copy of the Software, in which case you must only do so to the extent permitted by your statutory right).

2 Charges for your Service

2.1 You will receive up to 10MB free of personal webspace. If you require any additional webspace, you must purchase additional space from us (if available) and pay the charges set out in the Rate Card for IspOne Online Storage. Usage on OneBlog is un-metered for ADSL, Cable and Wireless Broadband MB and GB plan customers. For Dial-up, Satellite and Wireless Broadband hourly plan customers, use of OneBlog will count towards their plan's monthly allowance.

2.2 You must pay the Charges by the date specified on the invoice.

2.3 If you're Service or the IspOne Internet service to which this Service relates, is terminated for any reason, we may issue a final invoice immediately upon the termination.

2.4 If any amount is unpaid after the due date for payment specified on any invoice, we may (without affecting any of our other rights under this Agreement), do any or all of the following:

  1. if the amount remains outstanding for 30 days after the due date, terminate this Agreement; and
  2. if the amount remains outstanding for 60 days and there are reasonable grounds for believing you represent a credit risk, terminate any other Agreements under which we supply you with services, and/or disconnect those services.

3 Commencement and termination of this Agreement

3.1 This Agreement commences on the date you accept these terms and conditions and complete the Sign Up Process.

3.2 You may subscribe to additional services or cancel the Service under this Agreement at any time. However, any cancellation will not become effective until the first day of your next monthly billing cycle for the Service. If you have been migrated to IspOne's new environment, termination will take effect immediately after we receive and process your cancellation request

3.3 We may terminate or suspend your Service under this Agreement:

  1. immediately, if we reasonably suspect that you have materially breached this Agreement in a way that cannot be remedied (such as a breach of the Acceptable Use Policy); or
  2. if we reasonably suspect that you have materially breached this Agreement in a way that can be remedied, but you do not remedy the breach within 14 days of us telling you to do so; or
  3. at any time effective at the end of your monthly billing cycle, by giving you at least 30 days' prior written notice.

3.4 If your IspOne Internet service to which the Service relates is suspended, disconnected or terminated, then the Service may also be suspended, disconnected or terminated.

3.5 If the Service under this Agreement is suspended, disconnected or terminated, the liability of each party (if any) is set out in clause 6.

4 Changing this Agreement

4.1 Except as set out in clause 4.2, we can change this Agreement at any time without notice.

4.2 If we consider that a change would cause you detriment, we will notify you of the change by email, post or facsimile at least 30 days before the change will take effect.

4.3 If you do not notify us that you wish to terminate this Agreement or the Service within 42 days after receiving notice of a change under clause 4.2, then we will take your payment of charges for the Service provided to you after our notice as your agreement to the change.

4.4 For the purposes of notifying you of an intended change under clause 4.2 it is sufficient that we provide you with a summary of the proposed change to the Agreement and that we post on the IspOne website a revised copy of these terms and conditions showing the proposed change.

5 Maintenance of the Service

5.1 If you experience a problem with your Service, you should notify our Customer Service Centre on the number set out on the IspOne website.

5.2 We will use all reasonable efforts as soon as possible to rectify any problem notified to us.

6 Limitation of liability

Our liability to you

6.1 This contract is made up of the terms that are expressly set out in this contract and those implied by laws that cannot be excluded by us. No other terms apply.

6.2 We accept our liability to you if we breach this Agreement or act negligently under the principles applied by the courts, except as set out in clauses 6.3 and 6.4.

6.3 As you have taken up the Service predominately for personal, domestic or household use, we do not accept liability for any business related losses that result from the use of the Service. However, we will accept that liability if it cannot be excluded under any legislation.

6.4 We are not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

Your liability to us

6.5 You are liable to us if you breach this Agreement or act negligently under the principles applied by the courts. However, you are not liable for any loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of this Agreement.

7 Warranty

7.1 You warrant that:

  1. you have the power to enter into and observe your obligations under this Agreement;
  2. you will conduct such tests and computer virus scanning as may be necessary to ensure that Data uploaded by you onto, or downloaded by you from, our systems does not contain any computer virus and will not in any way, corrupt the data or systems of any person;
  3. you will comply with the Acceptable Use Policy;
  4. you will keep secure any passwords used with the Service;
  5. you have, and will maintain, the necessary authority to grant the rights, consents, permissions and licences in clause 1.9; and
  6. you will not negligently or willfully cause any fault in the Service.

8 Privacy

8.1 Please read IspOne's Privacy Statement "Protecting your Privacy" (available at http://www.ispone.com.au/lglprivacypolicy.html). It summarises how we and our related companies will collect, use and disclose your personal information (including for marketing to you) and your rights to access and correct that information.

8.2 For the purposes of this clause 8, "you" and "your" refers to you and you're People (if applicable).

9 Transferring your Service or this Agreement

9.1 You may not transfer your rights and obligations in respect of the Service or under this Agreement without our prior consent (which we will not unreasonably withhold).

9.2 We may transfer all or any of our rights or obligations in respect of the Service or under this Agreement at any time. If we do so, we will try to notify you beforehand (otherwise we notify you within 30 days of the transfer).

10 General terms

10.1 We are not to be taken to waive any of our rights under this Agreement merely because we do not exercise them or delay in exercising them.

10.2 This Agreement is governed by the laws of the State or Territory in Australia in which you reside. Nothing in this Agreement or any actions we take under it constitute a submission by us to any foreign jurisdiction.

10.3 If we need to notify you of any matters relating to the Agreement, we can use email to your default email address allocated by us, or post or fax.

11 Glossary

Words in this Glossary with initial capital letters (eg, Agreement) have defined meanings, as follows:

Acceptable Use Policy means our Internet policy about the acceptable levels and methods of use of the Service. The current version of the Acceptable Use Policy is located on the IspOne website at http://www.ispone.com.au/lglaup.html

Agreement means these terms and conditions.

Data includes all information, data, material, software code, applications, files, text, logos, images, audio, movie clips and/or content in any form placed on our systems as a result of providing the Service to you.

Loss means loss or damage of any kind, however caused, whether in contract, tort (including negligence), under any statute or otherwise arising from or related in any way to this Agreement or its subject matter.

People mean employees, agents, sub-agents and their respective employees.

Service - means the OneBlog Service.

Service Commencement Date means the date you accept these terms and conditions

Sign Up Process means the application process for the Service.

Software means any software we may supply to you for use in conjunction with the Service, including any upgrades and updates.

You and your (whether or not with initial capital letters) refer to the person named as the Customer in the Application Process.

We, our, and us (whether or not with initial capital letters) refers to IspOne Connect and Network Operator and provider ispOne Pty Ltd ( ABN 70 103 220 766).