BACB GAME SERVERS AND CONDITIONS OF USE

When accessing .BigAir Community Broadband Game Servers. (We, Us, Our, the Site or Servers, BigAir, BigAir Community Broadband), you are accessing a free service provided by BigAir and BigAir Community Broadband, and you accept and agree to the following rules (Rules) of use:

1) Access to the Site or Servers is at Our sole discretion, and we may terminate your access to either at Our discretion and without warning.

2) Although we make reasonable efforts to maintain connectivity with the Site or Servers, connection to the Site or Servers may be terminated without warning.

3) We may change the Rules at any time, without warning. You will comply with the Rules applicable any time that you log on to the Site or Servers.

4) You agree to comply with terms of use applicable to any software installed on the computer you use to access the Site or Servers.

5) You will not post any offensive, abusive, threatening, unlawful, hateful, racist or sexually-oriented material on the Site.

6) You must not do anything which could lead to the hijacking of the computers of other users of the Site or Servers.

7) You will not create links to any offensive, abusive, threatening, unlawful, hateful, racist or sexually-oriented material on the Site, or which may hijack the computers of other users of the Site or Servers.

8) You will not abuse or defame any other person whilst you are using the Site.

9) You are entitled to use a handle or alias (Handle), provided that Handle is not considered offensive by us.

10) You will not post any advertising or links to advertising on the Site unless you have written permission from BigAir Community Broadband.

11) You will comply with all requests by any BigAir Community Broadband administration officer (Admin). You must submit any ban appeals to BigAir Community Broadband and not BigAir. The result of any appeal will be final and at the sole discretion of BigAir Community Broadband.

12) Excepting where you have used a Handle, you must not hold yourself out to be a person who is not you.

13) You will not spam our email, ticketing system or forums.

14) BigAir Community Broadband reserves the right to refer any matters to law enforcement agencies where it reasonably suspects unlawful activity is taking or has taken place.

15) To the extent matters are not covered in the Rules, you agree to comply with the BigAir Community Broadband Acceptable Use Policy (AUP), which can be found at:

https://portal.bacb.com.au/aup

16) You agree to the BigAir Community Broadband Terms of use which can be found at:

https://portal.bacb.com.au/terms

17) You expressly consent to Us using any data or information that you provide to Us to contact you (whether by email, post or any other form of communication) about any matter in connection with BigAir Community Broadband.

18) You agree to report faults with the Site or Servers, which may not be uninterrupted or error free. You are responsible for the security, privacy and backing up of your information transmitted when using the Site or Servers.

19) Without limiting the rights of BigAir Community Broadband to do so, we are not obliged to supervise, edit or control the content accessed through our Site or Servers. BigAir and BigAir Community Broadband disclaims all liability for material you access via the Service that you or any other reasonable person would find offensive (e.g. pornography), upsetting, defamatory or unsuitable for minors. You agree to take reasonable steps to avoid such content while using the Site or Servers.

20) You will not cheat (which includes hacks), create links to cheats, or post cheat instructions whilst using any part of the Site or Servers.

21) We reserve the right to terminate the session of any person who we feel is playing any game in an un-sporting manner. Our decision will be final, specifically but not exclusively we will target:

a. any .clan. or .team stacking. type activity where single social players are targeted by groups of other players;

b. using any hacks which give you an unfair advantage over other players; or

c. microphone or text spamming.

d. anyone who is griefing and/or destroying or steal other players in game items.

A player considered part of a game involving .clan. or .team stacking. type activity may also be required by an Admin to switch teams.

22) We may keep records the IP address of any users of our Site or Servers.

23) Your use of the Site or Servers is entirely at your own risk. BigAir Community Broadband excludes:

a. all conditions, warranties and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this Clause to be void (.Non Excludable Condition.);

b. all liability to you for consequential or indirect damages arising out of or in connection with the use of the Site or Servers even if BigAir Community Broadband was aware they were possible or otherwise foreseeable including, without limitation, lost profits and damages suffered as a result of claims by any third person; and

c. all liability to you in negligence for acts or omissions of BigAir and BigAir Community Broadband or its employees, agents or contractors arising out of and in connection with the use of the Site or Servers;

26) You agree to indemnify BigAir and BigAir Community Broadband from any losses, costs or liability we may incur as a result of your breach of any aspect of these Rules, including but not limited to:

i. breaches of the AUP; and

ii. use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement.