hello all,
well upon research ie: I ran the setup site. It turns out that this is the
Sydney dial-up number for "national.freeonline.com.au" yes it is limited to
4000 sites where unlimited time on them and 2.5 hours per day on any other
side.
During setup you have to give all sorts of personal information as I think the
national bank who runs this side is looking to extend its account base.
I have attached a copy of the conditions of use policy read it over and you
will see what you can then can do.
the text file attached has been virus checked.
Jon Biddell wrote:
> At 11:37 AM 6/24/00, Paul Robinson wrote:
> >Ah ok.. um. but won't u be blocked if you try and access anything outside
> >their 4000 friendly sites? I was under the impression (from seeing my
> >brothers account) that you only get a limited time to view outside sites
> >and that time limit is per day, hence it would use your login to keep
> >track of it.. or is this something the public aren't sposed to know? :)
> >(ie don't put in any login details and u get unlimited access)?
>
> Dunno - There is apparently no login required, or rather you can use any
> userid / password.... More investigation warranted, I think...:-)
>
> --
> SLUG - Sydney Linux Users Group Mailing List - http://www.slug.org.au
> To unsubscribe send email to [EMAIL PROTECTED] with
> unsubscribe in the text
THE FREEONLINE SERVICE
The National can help you get online with an internet access service from
FreeOnline so National
customers can do their online banking with the National without incurring
internet service provider
charges. The service also gives you unlimited free access to web sites in
the FreeZone (which has
over 4000 web sites) and up to 2.5 hours every day of free surfing
anywhere on the Web using the
Freetime Plan (the "Service").
You should be aware that when you sign up to use the Service you are not
contracting with National
Australia Bank Limited ACN 004 044 937 and its related bodies corporate
(together called the
"National Group"). You will be contracting directly with FreeOnline.com.au
Pty Limited ACN 087 753
320, which is the company that is providing you with access to the
Internet. Please note that although
FreeOnline is responsible for providing you with the Service, which
enables you to gain access to
websites, it is the web-site owner or operator who is responsible for the
content, products and services
of the web-sites that you visit.
When you use the Service you agree that the National Group is not liable
to you or any other person
for or in respect of any claim, action, demand, cost or liability arising
out of or in connection with the
Service.
FREEONLINE AND YOUR RIGHTS
FreeOnline was established to change the way people can use the Internet.
FreeOnline believes that
access to Internet web sites is a resource that should be accessible by
every citizen, without having to
pay fees. FreeOnline's service is, in part, paid for by companies that
would like members of the
Service ("Members") to visit their web sites and that would like to
present the Members with special
offers of goods and services. FreeOnline acts as the trusted assistant of
all Members to protect
Members right to privacy and to ensure that as a result of using
FreeOnline's service the Members do
not receive unsolicited offers from any merchants directly. Any offers
from merchants that FreeOnline
believes may be of interest to some of its Members may be presented to
those Members by
FreeOnline through the Service. There is no obligation on Members to visit
any particular web sites or
to accept any offers.
The National has joined with FreeOnline to make the Service available to
National Group customers.
As a part of this arrangement all information that FreeOnline gathers
about Members may also be
disclosed to the National Group. In the Member Agreement when you consent
to FreeOnline gathering
information about you to create your Member Profile you also consent to
FreeOnline giving to the
National Group your Member Profile or any part of it from time to time.
The right to privacy of Members is one of the cornerstones of FreeOnline's
existence. FreeOnline has
embodied a number of elements designed to protect Members' privacy in the
FreeOnline Privacy
Policy and Members' Bill of Rights. These documents are an integral part
of the FreeOnline Member
Agreement. Members are protected by these fundamental tenets:
�
Your identity will remain confidential with FreeOnline and the National
Group and will not be given to any
other companies or individuals (unless required by law). You will not
receive any unwanted offers or
advertising material by telephone, post or email arising from your
membership of FreeOnline.
�
Any information which might identify you (Personal Information) will
remain at all times within FreeOnline
or with the National Group. Your name and address and other Personal
Information will be maintained in
secure files. It will not be accessed by marketing analysts. FreeOnline
and the National Group will not
provide that information to other organisations without first seeking
your permission.
�
FreeOnline and the National Group will not identify you to anyone else
by adopting an identifier that has
been assigned to you by a government agency.
FreeOnline has adopted the National Principles for the Fair Handling of
Personal Information as
published by the Federal Privacy Commissioner, and is a member of the
Telecommunications Industry
Ombudsman. If you have a complaint or question about FreeOnline, please
send an e-mail to
[EMAIL PROTECTED] or write to The Compliance Officer at
FreeOnline.com.au Pty
Limited at Level 49, 120 Collins Street, Melbourne 3000.
In accordance with the Privacy Commissioner's guidelines, FreeOnline
discloses that its primary
purpose is a consumer marketing company, which uses an Internet access
service to deliver its
marketing offers. In other words, FreeOnline's primary purpose is the
collection, analysis and
processing of anonymous transaction data generated by its Members. Without
this information,
FreeOnline would not be able to provide the Service.
ABOUT THE SERVICE
FreeOnline provides access to websites using structured access plans. All
Members have unlimited
access to the Freezone, which comprises more than 4000 websites. In
addition to this all Members
can use the Freetime Plan, which allows Members to surf the Web for up to
2.5 hours every day within
certain time slots. FreeOnline will soon make available to Members other
structured access plans for
those Members who elect to take them up. Our Frequently Asked Questions
page gives more details
about our Freetime plan, the Freezone and other aspects of the Service.
CHANGES TO THE MEMBER AGREEMENT
FreeOnline may modify the Member Agreement (including the Privacy Policy,
the Members' Bill of
Rights and Member Access Plans) from time to time. Each time you use the
service you agree to the
terms of the Member Agreement. You can view the current wording of the
Member Agreement at any
time by clicking on the link from My national.freeonline.com.au. You will
be notified if any changes are
made.
MEMBER AGREEMENT
FREEONLINE PROVIDES ACCESS TO INTERNET WEB SITES AND SERVICES OFFERED BY
WEB-SITE OWNERS AND OPERATORS USING THE HYPERTEXT TRANSFER PROTOCOL (HTTP)
VIA OPEN AND ENCRYPTED CHANNELS. IT ALSO PROVIDES INTERNET-BASED CONSUMER
MARKETING SERVICES TO WEB-SITE OWNERS AND OPERATORS.
THE COST OF PROVIDING YOU WITH ACCESS TO THE WEB IS OFFSET IN PART BY
PAYMENTS FREEONLINE RECEIVES FROM THIRD PARTIES WHO PROVIDE MARKETING
SERVICES THAT HELP THEM TO DELIVER SPECIAL OFFERS AND DISCOUNTS TO MEMBERS.
FREEONLINE'S MARKETING SERVICES ARE BASED ON THE WEB SITES THAT MEMBERS
VISIT WHILE CONNECTED AND USING THE FREEONLINE SERVICE.
FREEONLINE AND THE NATIONAL GROUP MAY PRESENT YOU WITH PRODUCT AND SERVICE
OFFERINGS FROM TIME TO TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT.
PLEASE READ THE TERMS SET OUT IN THIS AGREEMENT BEFORE USING THE SERVICE.
THIS
AGREEMENT EXPLAINS THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE
SERVICE. ALTHOUGH THE DOCUMENT MAY SEEM LONG IT IS IMPORTANT THAT YOU DO
READ IT.
AT THE END OF THE AGREEMENT YOU WILL BE ASKED IF YOU WANT TO USE THE
SERVICE
BY CLICKING ON THE 'I ACCEPT' BUTTON. IF YOU CLICK ON THE 'I ACCEPT'
BUTTON YOU WILL
BE TELLING FREEONLINE AND THE NATIONAL GROUP THAT YOU HAVE READ AND AGREE
TO
THE TERMS AND CONDITIONS AND WISH TO OBTAIN ACCESS TO INTERNET WEB SITES
THROUGH THE SERVICE PROVIDED BY FREEONLINE.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU
MAY
CLICK ON THE 'I DO NOT ACCEPT' BUTTON AND YOU WILL NOT BE REGISTERED.
ALTERNATIVELY YOU CAN SIMPLY DISCONNECT FROM THE SERVICE BY TURNING OFF
YOUR
MODEM.
BY REGISTERING AS A MEMBER OF THE SERVICE, YOU AGREE TO USE THE SERVICE IN
A
MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND IN ACCORDANCE WITH THE TERMS
AND CONDITIONS SET OUT BELOW.
TERMS AND CONDITIONS
1. THE SERVICE
FreeOnline will provide you with interactive dial-up access to
FreeOnline's connection to the Internet,
and access to the World Wide Web ('the Service') by such means as
FreeOnline determines and in
accordance with the terms and conditions of this Agreement.
You may only open and operate one account with FreeOnline.
FreeOnline will provide you with the Service to the level contemplated by
the relevant Member Access
Plan.
FreeOnline will provide you with all identification and log-in information
required for connection to the
Service.
2. TERM OF AGREEMENT
All rights and obligations created under this Agreement begin on the date
that you accept this
Agreement. The Agreement will terminate in accordance with clause 14.
3. ACCESS TO THE SERVICE
You agree to provide the telephone line, modem, computer, hardware,
software (other than
FreeOnline's proprietary software) and all other equipment required to
access the Service.
In order for us to prevent abuse of the Service, you must ensure that your
telephone line is equipped
with Calling Line Identification ('CLI') and that CLI is not barred at any
time when using the Service.
FreeOnline agrees to keep this information absolutely confidential, and
not disclose to any third party
the details of your phone number, except as specified in this Agreement,
or unless required to do so
by law.
You are not permitted to publish comments that compare the Service, speed
of access and other
attributes of the Service with another Internet service provider or any
publication, whether electronic or
paper based, without the prior written consent of FreeOnline. You agree
that you are responsible for
maintaining the secrecy and confidentiality of all identification and
log-in information required by you to
access the Service and you further agree not to disclose this or any other
confidential information
relating to the Service or FreeOnline to any other person, corporation,
entity or organisation, whether in
use or not.
You are liable for all charges incurred that may result from use of the
Service (if any) accessed through
your identification or log-in information, whether authorised by you or
not. Disclosure or loss of
identification or login information that results in fees being incurred or
misuse of the Service is your
responsibility and you should immediately advise FreeOnline of any such
event.
4. SOFTWARE LICENCE
The proprietary software and user documentation required to operate the
Service is owned by
FreeOnline, its partners, suppliers or licensors. You are not permitted to
copy, rent, lease, distribute,
reverse engineer, decompile, disassemble, modify or create derivative
works based on the software or
user documentation other than to make one copy of the software for your
own personal backup
purposes or otherwise as expressly permitted by law.
5. MEMBERS' INFORMATION
Subject to the Members' Bill of Rights, FreeOnline may retain and assess
the computer-generated
records of the sites you visit and you agree to FreeOnline storing and
analysing information about your
use of the Service. The information gathered by FreeOnline about you in
accordance with this clause
(your 'Member Profile') may include any information about you, including
your name; your phone
number; your geographic location; the web sites and pages you visit; the
duration of your visits on web
sites and pages; your purchase behaviour on web sites on both on our
chosen web sites and on the
Internet generally; what options and hyperlinks within a web page you
choose; any information you
supply to a web page; and any information you receive from a web page.
You agree to FreeOnline storing and using any other information that it
learns about you or that is
supplied by you in your Member Profile.
FreeOnline will provide you with access to your Member Profile in
accordance with the National
Principles for the Fair Handling of Personal Information as published by
the Privacy Commissioner from
time to time.
Your Member Profile will belong to FreeOnline and you assign all rights
you may have in it to
FreeOnline. You agree to do anything necessary to facilitate this.
FreeOnline will use your Member Profile to create an Anonymous Member
Profile by removing from
your Member Profile all personal identification information (including
name and address details).
6. USE OF MEMBER PROFILE
In relation to your Member Profile, and subject to the Members' Bill of
Rights, you agree to FreeOnline:
�
retaining your Member Profile, even when you stop using the Service
�
giving the National Group access to your Member Profile from time to
time and allowing the
National Group to use your Member Profile provided the National Group
uses your Member Profile
only on the same terms and conditions as applies to FreeOnline in this
Agreement
�
analysing, distributing, selling, or giving access to your Anonymous
Member Profile to any entity
in FreeOnline's sole discretion including the controllers of any web
page that you may visit and
marketing companies.
7. TARGETED MARKETING AND ADVERTISING
Subject to the Members' Bill of Rights, you agree to FreeOnline and any
entity that has access to your
Anonymous Member Profile: creating marketing and advertising programs that
are based on your
Anonymous Member Profile; targeting those marketing and advertising
programs at you or people
associated with you, or a section of the public, or the public generally,
or providing you with offers,
including offers to purchase goods and services.
8. USE OF THE SERVICE
You agree to comply with all directions relating to the access and use of
the Service as notified by
FreeOnline to you from time to time including the Member Access Plans.
You acknowledge that neither FreeOnline nor the National Group can in any
way supervise, edit or
control the content and form of any information or data accessed through
the Service, so you
understand and agree that neither FreeOnline nor the National Group can be
held responsible in any
way for any content or information accessed via the Service.
You agree that neither FreeOnline nor the National Group can be held
liable to you for any material on
the Internet that you may find offensive, upsetting, defamatory,
personally offensive and in any way
unsuitable for people under the age of 18.
You agree not to act on or through the Service so as to interfere with or
disrupt Internet users, service
providers, their computers, software or hardware. Such actions include the
circulation of any
unsolicited publicity or advertising material, propagation of computer
worms and viruses, using the
Service to make unauthorised access of any other computer accessible via
the Service, hacking,
sending harassing, obscene, indecent, offensive or threatening electronic
mail, engaging in
harassment or stalking by whatever means, forgery (or attempted forgery)
of electronic mail messages
or other content and the placement, transmission or storage of any
defamatory, illegal or offensive
material on the Internet. You will not access, nor permit any other party
to access, the Service for any
purpose or activity of an illegal, fraudulent or defamatory nature.
You agree to refrain from the bulk transmission of messages to unsuitable
Internet users, service
providers or newsgroups. You also agree to refrain from the bulk
transmission of unsolicited electronic
mail.
9. WITHDRAWAL OF ACCESS
FreeOnline reserves the right, immediately and without notice to you, to
withdraw your access to the
Service if this Agreement is terminated for any reason, or, in
FreeOnline's opinion: you misuse the
Service; you fail to comply with your obligations as to the use and access
of the Service or you fail to
comply with any provision of this Agreement including the payment of any
fees.
10. CHARGES
Where you use a Member Access Plan other than the Freetime Plan, you must
pay all charges
payable by you to FreeOnline pursuant to this Agreement including access
and usage fees (the
'Charges') at the rate and in the manner specified from time to time by
FreeOnline. Details of current
Charges are available by clicking HERE. If payment is not made in
accordance with this Agreement,
FreeOnline may discontinue the Service immediately and without giving
notice to you.
You are also responsible for the payment of all charges payable by you to
third parties that may arise
as a consequence of your using the Service, including third party access
fees such as telephone line
charges, customer service and help desk, and charges for your purchases
made while using the
Service. You are also responsible for determining the nature and extent of
the telephone charges that
you may incur to access the Service from your chosen location.
If you choose to make your payment by credit card then you agree to pay
all of the Charges using
your credit card. Your credit charges will be debited automatically with
all Charges that are incurred on
your account. If the credit card number expires or FreeOnline is otherwise
not able to debit valid fees
to your credit card number, FreeOnline may immediately and without notice
withdraw your access to
the Service.
11. INTELLECTUAL PROPERTY RIGHTS
You agree not to breach any copyright, trademark, design, patent or other
rights in relation to:
- textual, graphical, audio and other material displayed on any web site;
- the FreeOnline user interface of the FreeOnline web-site including
screens, organisation, patents and
operation or control features; and
- all software associated with the FreeOnline web site;
(the Intellectual Property Rights)
and , in addition to any other remedy available under the law, you
indemnify and agree to keep
indemnified FreeOnline, the National Group, and their servants and agents
against all loss, damage,
costs and expenses arising as a result of your breach of the Intellectual
Property Rights of FreeOnline
or the National Group, or a third party's breach of the Intellectual
Property Rights of FreeOnline or the
National Group where the third party's breach was through the use of the
Service which is provided for
you.
12. INDEMNITY
You release and indemnify FreeOnline, the National Group, and their
servants and agents ("those
indemnified") from and against any loss (including reasonable legal costs
and expenses) or liability
reasonably incurred or suffered by any of those indemnified arising from
all actions, claims and
demands which may be instituted against those indemnified:
- arising out of a breach of this Agreement (including the Member Access
Plans) by you or through
any wilful, unlawful or negligent act or omission by you or that of, your
agents, employees or
sub-contractors or of any other person for whose acts or omissions you are
vicariously liable;
- by your servants, employees or agents or their personal representatives
or dependants arising out of
the performance of this Agreement;
- as a result of your being under the age of 18. You warrant that you are
over the age of 18;
- arising out of the use of the Service provided to you being used by
anyone other than you.
13. LIABILITY
The Service and any proprietary software are provided on an 'As Is' basis
and neither FreeOnline nor
the National Group will be liable for any failure to provide the Service
for any reason. Any condition or
warranty which may otherwise be implied in this Agreement is hereby
excluded. Where legislation
implies in this Agreement any condition or warranty, and that legislation
voids or prohibits provisions in
a contract excluding or modifying the application of or exercise of or
liability under such condition or
warranty, the liability of FreeOnline or the National Group for any breach
of such condition or warranty
shall where permitted by law be limited, at the option of FreeOnline or
the National Group, to one or
more of the following:
- if the breach relates to goods: the replacement of the goods or the
supply of equivalent goods; the
repair of such goods; the payment of the cost of replacing the goods or of
acquiring equivalent goods;
or the payment of the cost of having the goods repaired; and
- if the breach relates to services: the supplying of the services again;
or the payment of the cost of
having the services supplied again.
Neither FreeOnline nor the National Group will be under any liability to
you in respect of any loss or
damage (including consequential loss or damage) which may be suffered or
incurred arising directly or
indirectly from FreeOnline's supply or failure or delay in supplying the
Service, any goods or services,
or the content, context or confidentiality of any communications made
using the Service, or the failure
or omission on the part of FreeOnline or the National Group to comply with
their obligations under this
Agreement.
You warrant that you have not relied on any representation made by
FreeOnline or the National Group
which has not been stated expressly in this Agreement or on any
descriptions, illustrations or
specifications contained in any document including catalogues or publicity
material produced by
FreeOnline or the National Group. You acknowledge that to the extent
FreeOnline or the National
Group have made any representation which is not otherwise expressly stated
in this Agreement, you
have been provided with an opportunity to independently verify the
accuracy of that representation.
Neither FreeOnline nor the National Group will be liable for: the content
or manner of any offer made to
you by any third party; the frequency of offers made to you by any third
party; the distribution or result
of distribution of any of the information within your Anonymous Member
Profile; or the acts or
omissions of any third party in relation to the information within your
Anonymous Member Profile.
14. TERMINATION
Without limiting the generality of any other clause in this Agreement,
FreeOnline may terminate this
Agreement immediately by notice to you via the login process.
On termination of this Agreement, FreeOnline:
- may retain any moneys paid by you;
- may retain and continue using, marketing, distributing and selling your
Anonymous Member Profile;
- make use of your Member Profile in accordance with the terms of this
Agreement;
- is discharged from any further obligations to you under this Agreement;
and
- may pursue any additional or alternative remedies provided by law.
15. FORCE MAJEURE
Neither FreeOnline nor the National Group shall be liable for any delay or
failure to perform
FreeOnline's obligations pursuant to this Agreement if such delay is due
to Force Majeure. If a delay or
failure of FreeOnline to perform its obligations is caused or anticipated
due to Force Majeure, the
performance of FreeOnline's obligations will be suspended. If a delay or
failure by FreeOnline to
perform its obligations due to Force Majeure exceeds 60 days, FreeOnline
may immediately terminate
the Agreement by written notice to you or as provided in clause 18 if this
means of notifying you is
available. If this Agreement is so terminated FreeOnline will refund
moneys previously paid by you
pursuant to this Agreement for goods or services not provided by
FreeOnline to you. "Force Majeure"
means a circumstance beyond the reasonable control of the parties, which
results in a party being
unable to perform on time an obligation under this Agreement including,
without limitation, acts of God,
lightening strikes, earthquakes, floods, storms, fires and any natural
disaster, acts of war, terrorism,
riots, civil commotion, malicious damage and strikes.
16. AMENDMENT
FreeOnline may modify this Agreement (including the Privacy Policy, the
Members' Bill of Rights and
Member Access Plans) from time to time. Each time you use the service you
agree to the terms of the
Agreement. You can view the current wording of the Agreement at any time
by clicking on the link from
My national.freeonline.com.au.
You may change to a new Member Access Plan with the permission of
FreeOnline, and subject to
such conditions and charges as FreeOnline may specify from time to time.
17. DISPUTES
Any dispute arising in connection with this Agreement which cannot be
settled by negotiation between
the Parties or their representatives is to be submitted to the
Telecommunications Industry
Ombudsman (the 'TIO'). Before referring a matter to the TIO, the Parties
in good faith must explore the
prospect of settlement. Nothing in this clause will prevent a Party from
seeking urgent equitable relief
before an appropriate court.
18. NOTICES
Notices to FreeOnline under this Agreement can only be delivered by hand
or by registered mail to The
Compliance Officer, FreeOnline.com.au Pty Limited at Level 49, 120 Collins
Street, Melbourne 3000.
Where notice is delivered by hand or by registered mail, it will be deemed
given:
- in the case of hand delivery, on written acknowledgment of receipt by an
officer or other duly
authorised employee, agent or representative of the receiving Party; and
- in the case of posting, three days after dispatch.
FreeOnline may give notice to you by hand delivery or registered mail.
Alternatively, FreeOnline may
give notice to you by publishing the notice on the web page known as My
national.freeonline.com.au or
by causing such notice to appear on your web browser when you log-in to
the Service. Such notice will
be deemed given at the time FreeOnline publishes the notice, or puts in
place the means for it to
appear on your web browser, regardless of when the notice comes to your
attention.
19. GENERAL PROVISIONS
You consent to FreeOnline sub-contracting for the performance of this
Agreement or any part of this
Agreement. You also consent to FreeOnline engaging individuals on a
sub-contract or consultancy
basis, whether or not operating under a corporate structure, to assist in
the provision of the Services.
This Agreement constitutes the entire agreement between you and FreeOnline
and supersedes all
prior representations, agreements, statements and understandings, whether
verbal or in writing.
No term of this Agreement shall be deemed to be waived except by notice in
writing signed by each
Party. A waiver made by FreeOnline in writing will not prejudice its
rights in respect of any subsequent
breach of the Agreement by you. Any failure by FreeOnline to enforce any
clause of this Agreement, or
any forbearance, delay or indulgence granted by FreeOnline to you, will
not be construed as a waiver
of FreeOnline's rights under this Agreement.
If any provision of this Agreement is held invalid, unenforceable or
illegal for any reason, the Agreement
will remain otherwise in full force apart from such provisions which will
be deemed deleted.
Any express statement of the right of FreeOnline under this Agreement is
without prejudice to any
other right of FreeOnline expressly stated in this Agreement or existing
at law.
Subject to any provision to the contrary, this Agreement is to enure to
the benefit of and be binding on
the Parties and their successors, trustees, permitted assigns or receivers
but is not to enure to the
benefit of any other persons.
The covenants, conditions and provisions of this Agreement which are
capable of having effect when
this Agreement ends will remain in full force and effect following the
expiration of the Agreement.
This Agreement will be governed by and construed according to the law of
the State of Victoria.
20. INTERPRETATION
In this Agreement, unless the contrary intention appears:
- the clause headings are for convenient reference only and have no effect
in limiting or extending the
language of the provisions to which they refer;
- words in the singular number include the plural and vice versa;
- words importing a gender include any other gender;
- a reference to a person includes a partnership and a body, whether
corporate or otherwise;
- a reference to a clause is a reference to a clause or subclause of this
Agreement;
a reference to a subclause is a reference to a subclause of the clause in
which that reference is made;
- monetary references are references to Australian currency;
- where a word or phrase is given a particular meaning, other parts of
speech and grammatical forms of
that word or phrase have corresponding meanings;
a reference to 'includes' or 'including' means 'includes, without
limitation,' or 'including, without
limitation,' respectively.
