SINGTEL'S SPECIFIC TERMS AND CONDITIONS FOR MAGIX SERVICE

1. 

In these Specific Terms and Conditions, the following words and expressions shall have the following meanings:

"Access Medium" means the medium (whether a fixed-line telephone, mobile cellular phone, modem or otherwise, including a computer and Related Equipment) stipulated or approved by SingTel by or through which the Customer may utilise the Service;

"Acceptable Use Policy" means the guidelines for acceptable conduct and use of the Service published on SingTel’s website on the Internet, including all subsequent revisions or amendments thereto published;

"Customer" means any person who applies or subscribes for or utilises any Service;

"General Terms" means Singapore Telecommunications Limited's General Terms and Conditions of Service;

"IDA" means the Infocomm Development Authority of Singapore;

"Internet Code of Practice" means the code of practice issued by SBA including all subsequent revisions or amendments thereto;

"Line" means a telephone line provided by SingTel to which a telephone may be connected for voice calls or facsimile transmissions to be made or received;

"Login Name" means any number or alphanumeric symbols or characters assigned by SingTel to the Customer as Login Name, Login ID, User Name or User ID (whether or not applied for or selected by the Customer) to be used by the Customer, in conjunction with the Password, to access the Service;

"Minimum Subscription Period" means a period of twelve (12) months or such other period as may be stipulated by SingTel as the minimum subscription period before or when the Customer applies for the Service;

"Password" means any number or alphanumeric symbols or characters initially assigned by SingTel to the Customer as Password (including any changes thereafter, whether or not selected by the Customer) to be used by the Customer, in conjunction with the Login Name, to access the Service;

"Related Equipment" means such equipment as may be prescribed by SingTel for installation in or connection to a computer in order to access or utilise the Service (which equipment may include, but is not limited to, a high-speed multimedia modem);

"SBA" means the Singapore Broadcasting Authority;

"School" means any school registered pursuant to the provisions of the Education Act;

"Service" means:

(a) the provision by SingTel to the Customer of a broadband multimedia access to the Internet through the Access Medium (including, where agreed to be provided by SingTel, the provision of the Related Equipment for the purpose of securing such access); and

(b) such other service or facility relating thereto provided by SingTel from time to time which SingTel designates as a service or facility in relation to which these Specific Terms shall apply;

"SingTels Fixed-Line Terms" means SingTel's Specific Terms and Conditions Relating to Fixed-Line Telephone Service;

"SingTel System" means any electronic or telecommunications system operated or used by SingTel or any one or more SingTel Group Corporations;

"Stipulated Premises" means the premises stated in the Customer's application to SingTel for the Service as the premises at which the Service is required or such other premises as may be approved in writing by SingTel;

"Telecommunications" has the same meaning as defined in The Telecommunications Act 1999;

1.2 The words and expressions used in these Specific Terms and Conditions, which are defined in the General Terms but are not defined in these Specific Terms and Conditions shall have the same meanings as defined in the General Terms unless the context otherwise requires.

2.1 The Customer shall promptly procure the provision and installation of the Access Medium through which the Service will be provided. In cases where the relevant Access Medium is a Line, the provisions of the SingTels Fixed-Line Terms shall apply (including but not limited to the provisions relating to the installation, relocation or inspection of the Line).

2.2 The Service shall commence as from the date of installation in or connection to computer at the Stipulated Premises of the Related Equipment or as from such date as SingTel may notify the Customer in writing regardless of:

(a) whether the Customer shall have completed the procurement and installation of all the Access Medium by that date; and or

(b) whether the Access Medium is or remains installed or operational as from or at any time after that date.

2.3 The Customer shall use, and procure and ensure that its servants and agents shall use, the Service in accordance with the Acceptable Use Policy, the Internet Code of Practice and with such other guidelines, rules and requirements as SingTel, IDA or SBA may issue from time to time Provided that nothing in the Acceptable Use Policy, the Internet Code of Practice or any other guidelines, rules and requirements shall affect, vary, modify or alter the terms of the agreement between the Customer and SingTel as contained in the General Terms and the Specific Terms and Conditions herein.

3.1 The Customer shall not terminate the Service until after the expiry of the Minimum Subscription Period.

3.2 In the event that any Service is terminated before the expiry of the Minimum Subscription Period by the Customer for any reason whatsoever or by SingTel as a consequence of any breach by the Customer of any of the obligations or duties of the Customer, then notwithstanding any provision to the contrary in the General Terms the Customer shall pay SingTel:

(a) the difference between:

(i) the total Fees and Charges which SingTel would have imposed or charged the Customer for the Service, including the use thereof for the Minimum Subscription Period, had the Service not been terminated prior to the expiry of the Minimum Subscription Period; and

(ii) the total amount paid by the Customer to SingTel (remaining contractual months*monthly prevailing usual rate) as subscription and usage fees or charges for the Service for the period during which the Service was subscribed by the Customer; and

(b) any and all charges which has been discounted, waived or reduced by SingTel on the basis that the Customer subscribes or utilises the Service for the Minimum Subscription Period may be reinstated and imposed by SingTel on the Customer retroactively as from the date of commencement of the Service.

3.3. The Customer shall provide SingTel a 30 days' notice period for termination of Service.

4.1 The Customer, if below the age of twenty-one years, shall upon reaching the age of twenty one years give written notice thereof to SingTel.

4.2 Any concession or discount in or reduction or waiver of any rate, fees or charges of the Service granted to by the Customer by virtue of the Customer being below the age of twenty-one years, shall cease to be applicable upon and as from the Customer reaching the age of twenty-one years whether or not SingTel has been notified or is otherwise aware thereof and SingTel shall be entitled to charge the Customer for the Service retroactively as from the date the Customer reaches the age of twenty-one years the rates, fees or charges applicable on the basis that such concession, discount, reduction or waiver had ceased to apply.

4.3 If at the time of application for the Service, the Customer is a student at any School or institution of higher learning in Singapore, SingTel may terminate the Service at any time after the Customer ceases to be a student at a School or institution of higher learning in Singapore for any reason whatsoever.

6.1 The Customer shall not disclose to any person the Customers Password and shall not permit or authorise any person to use the Customers Login Name or Password for any purpose whatsoever.

6.2 SingTel may treat any access or utilisation of any Service at any time by use of the Customers Login Name and Password as access or use of the Service by the Customer notwithstanding that the use thereof by any other person without the knowledge or authority of the Customer.

6.3 The Customer upon learning that any person has acquired knowledge of the Customers Password or has used the Customers Password to access or utilise any Service or effect any transaction (whether with or without the knowledge and consent of the Customer):

(a) immediately notify SingTel thereof;

(b) at SingTel's request, make a police report thereof;

(c) provide SingTel with any other information relating thereto as SingTel may require; and

(d) immediately change the Password.

7.1 SingTel reserves the right to manage and control access to any computer or any SingTel System or any computer linked to any SingTel System and any data stored therein, in a manner deemed appropriate by SingTel, and to delete any data (whether belonging to, provided or stored by the Customer or otherwise), notwithstanding that such access and the storage of such data is a requirement or constitutes a part of the Service.

7.2 Neither SingTel nor any SingTel Group Corporation shall have any obligation or duty to review or edit (periodically or otherwise) the data stored in any computer or any SingTel System or any computer linked to any SingTel System.

7.3 The Customer shall be solely responsible for ensuring that the data retained or stored by or for the Customer on any SingTel System does not exceed the storage capacity allotted to the Customer by SingTel from time to time.

SINGTEL'S SINGTEL MAGIX ACCEPTABLE USE POLICY (AUP)

Important Note: SingTel, may revise this Acceptable Use Policy at any time without notice by posting a new version of this document on the SingTel Magix web site. Any amendment or modification shall be effective when posted on the SingTel Magix AUP web site and any use of the SingTel Magix services after the posting will be considered acceptance of those amendments. Accordingly, users of SingTel Magix's services should consult the AUP regularly to ensure that their activities conform to the most recent version. Questions regarding this policy can be directed to abuse@magix.com.sg

Complaints of violations of this policy by SingTel Magix customers can be sent to abuse@magix.com.sg

This AUP is intended to protect SingTel Magix users and the Internet community from the inappropriate use of the Internet.

Use of SingTel Magix service/s constitutes acceptance of this AUP. SingTel reserves the right to revise and update this AUP from time to time. The Customer is responsible for keeping itself informed of the current AUP in effect, including any revisions or updates, and for abiding by the terms of this AUP.

SingTel Magix services may only be used for lawful purposes, and Customer shall bear the burden of establishing that such use complies with all applicable laws. The Customer is responsible for all use of the account, with or without the knowledge or consent of the Customer.

SingTel reserves the right, at its sole discretion, with or without notice, to remove or refuse to post material that violates this AUP or to suspend or terminate service provided to any Customer if the Customer or any end-user using Customer's services or facilities, directly or indirectly:

• Violates the rules, regulations and policies applicable to any network, server, computer database, web site or newsgroup that Customer or end-user accesses;

• Sends, or facilitates the sending of, unsolicited bulk mail messages ("email spam") to any person or system in a way that could be expected to adversely impact SingTel Magix network or facilities; or sends mail-bombs (masses of email or other data) to any person or system, propagates or replies to mail-bombs, or uses a SingTel Magix website address or hosted web account to collect responses from unsolicited commercial email;

• Posting messages to a USENET group where the posting is not appropriate as defined in the group's charter, or mass postings in unreasonable numbers of USENET groups, or where there is repeated requests by group USERS or administrator to cease such posting;

• Uses services in a manner which is intended to abuse or to violate the property rights of others, including, without limitation, activities which result in the distribution of viruses, worms, time bombs, Trojan horses, cancelbots, or other destructive activities;

• Uses the services in a manner that infringes on the intellectual property rights of any third party or any rights of publicity or privacy; - Violates any law or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, anti-discrimination or false advertising);

• Publishes or communicates material that is obscene, defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

• Uses services to attempt to break security, or in fact, breaks security of any computer network, or to access an account without authorisation;

• Forges removes or modifies identifying network header information ("spoofing"), or employs any other methods in connection with the transmission of e-mail used to disguise or mislead any user name or the source or quantity of transmissions; except when using deliberately misleading headers in newsgroups to avoid spam email address collectors;

• Use of IRC (Internet Relay Chat) bots or storing them on SingTel Magix's servers is prohibited. Impersonating other users by forging one's email address is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited;

• Relays email or any other network traffic through any third-party systems without authority;

• Configures any equipment used in connection to the service to permit third party mail or news relay;

• Uses services to conduct any other activities which SingTel determines are injurious to its Customers, operations, or reputation;

• Provides false information on a SingTel Magix service application, contract or on-line application, including, but not limited to, the fraudulent credit card information;

• Attempts to or resells SingTel Magix service without SingTel's express authorisation; or

• Uses bandwidth, disk space or other any network resources related to the service excessively

• Customers to "unlimited usage" or "unlimited access" plans for users may make reasonable use of the Service without a specific limit on hours used and without paying more based on hourly usage. These plans are not intended to provide full-time connections, however, and the Service may be disconnected after a significant period of inactivity or after sessions of excessive length. Customers should keep the connection open only when actively using it, and may not use any automatic method to avoid inactivity disconnect. Intentional use of automated data methods to avoid idle timeouts on accounts is prohibited and grounds for account termination at SingTel's sole discretion. If excessive bandwidth, disk space utilisation or session length is determined to adversely affect SingTel's ability to provide service, immediate action may be taken. For "unlimited usage" or "unlimited access" plans, 2Gbyte or more of traffic per month may be constituted as excessive.

The user must comply with the current bandwidth, data storage and other limitations on the Services.

Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user's use of the Services, nor represent (in the sole judgement of SingTel) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede SingTel's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

SingTel customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of SingTel. For example, a customer cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, nor provide email nor news services.

SingTel Magix services are designed for personal use of the Internet. You may not use SingTel Magix services for commercial purposes. You may not run a server in connection with the SingTel Magix service, nor provide network services to others without the written consent of SingTel. Examples of prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums. For information about products and services for commercial purposes, contact sales@singnet.com.sg

Customer must immediately notify SingTel of any unauthorised use of an account, and/or any breach, or attempted breach, of security known to Customer. The Customer is responsible for ensuring that its network and/or computer/s is/are configured in a secure manner. Customers may not, through action or inaction, allow others to use its network for illegal or inappropriate activities. SingTel takes no responsibility for the security of the communications transmitted over SingTel Magix facilities.

SingTel does not, and does not hereby assume any responsibility to, review or edit materials which Customers or its end-users publish or post on SingTel Magix's facilities or the Internet, and is not responsible for such content, posting or activity. SingTel is not responsible for the content of any other websites linked to SingTel's or Customer's services.

SingTel will comply fully with Singapore law and legal processes. SingTel respects Customer privacy rights. Customer's online communications or activities will not intentionally disclosed except to comply with any legal requirement, but not limited to; court orders, subpoenas, statutes, regulations, or official governmental or regulatory directions; in order to protect SingTel or its Customers from harm; or where necessary for the operation of any equipment or system used in connection to the service.

SingTel may, in its sole discretion, remove or disable Customer materials or terminate services to Customer with or without notice to Customer, if in SingTel's opinion, Customer's materials, postings or links in SingTel's opinion, infringe trademark, copyright or other intellectual property rights of third parties. SingTel is not responsible for determining if the allegations of infringement are valid. In addition, SingTel may terminate services to Customer, if Customer violates this provision.

While SingTel does not monitor its customers, SingTel reserves the right to monitor its networks with a view to identify any violation of this AUP. If the SingTel Magix services are used in a way which SingTel, believes violate this Policy, SingTel, in its sole discretion, may take any responsive actions they deem appropriate.

SingTel reserves the right to investigate suspected or alleged violations of this AUP, including gathering information from Customer, its end-user, the complaining party, and examining of material on SingTel Magix's servers. Nothing contained in this policy shall be construed to limit SingTel's actions or remedies in any manner. SingTel reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the SingTel Magix service and levying cancellation charges to cover SingTel's costs in the event of termination for the causes outlined above.

SingTel shall not be liable for any damages of any nature suffered by any Customer or any third party resulting in whole or in part from SingTel's exercise of its rights under this AUP. By using SingTel Magix services, Customer agrees to waive and hold harmless SingTel from any claim and all claims arising from any action taken by SingTel including conducting an investigation, issuing a warning, refusing to post material, removing material, or suspending or terminating services, or other appropriate action. This waiver applies to all matters described in this AUP.

The failure of SingTel to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

* The term User is synonymous with Customer

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