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Archived Terms - Internet Security 2013

For customers who signed up Services with TelstraClear pre-1 April 2013

On 31 March 2013 Vodafone Fixed Limited trading as TelstraClear (“TelstraClear”) merged with Vodafone New Zealand Limited (“Vodafone”). Vodafone has assumed all the rights and obligations of TelstraClear.

1. This Agreement

1.1

This Agreement applies to all customers of the following Vodafone New Zealand Limited ("we", "our", "us" and "Vodafone") Internet Security Services (Services) provided by Vodafone:

* Personal Firewall;
* Desktop Anti-Virus;
* Content Filter - Parental Controls;
* Privacy Protection;
* Anti-Phishing; and
* Anti-Spyware.

1.2

This Agreement comprises the following parts, which in the event of any inconsistency will apply in the following order of precedence (with the first in the list having greater priority):

* these terms and conditions for the Services;
* the Vodafone Internet Services terms and conditions
* our standard Residential terms and conditions and

any application form you have completed in relation to your Services.

    2. General

    2.1The Services are available to current Vodafone customers. We may cancel your Services if you no longer have services with Vodafone.
    2.2

    You must:

    * ensure your PC(s) meets the minimum requirements for the Services. Please contact us for minimum security requirements
    * ensure that your PC(s) and software on your PC(s) are compatible with the Service;

    2.3We will use reasonable care and skill in providing the Services. However, given the nature of telecommunications systems (including the Services’ reliance on systems and services not owned or controlled by us), we cannot promise that the Services will be continuous, accessible at all times or fault-free. Neither Vodafone or its suppliers make any warranty of any kind (express or implied) with regard to the services (including any warranty of merchantability, fitness for a particular purpose or non-infringement). We do not guarantee that the Services will keep your PC(s) free from all intrusions, hacking, spyware, pop-ups offensive material or other unauthorised activity including viruses, Trojans, worms, or that other devices will be detected, or that your system will be completely protected.
    2.4We will try to provide Services as soon as you have successfully completed the purchase process for your Services.
    2.5You will indemnify us for any damage, loss or cost caused by your actions (including your failure to comply with the obligations in this Agreement) which results in us being liable to third parties, including other carriers or service providers.
    2.6Unless otherwise prohibited by law, in no event will Vodafone or our suppliers be liable to you or to any third party for losses, damages, claims or costs whatsoever, (direct or indirect) arising out of the use of, or the inability to use the services, even if we have been advised of the possibilities of such losses, damages, claims or costs. In no case will Vodafone’s or its suppliers liability exceed the purchase price of the services.

      3. Personal Firewall

      3.1Personal Firewall provides firewall software for downloading onto your PC(s).
      3.2

      Personal Firewall has the following features:

      * it helps to defend your PC(s) against potential hacker probes and attacks;
      * it monitors Internet and network activity;
      * it alerts you to potentially hostile events on your PC(s); and
      * it provides information on suspicious Internet traffic.

      4. Desktop Anti-Virus

      4.1Desktop Anti-Virus provides virus scanning software, for downloading onto your PC(s).
      4.2Desktop Anti-Virus provides virus protection for your PC(s) by scanning files, disk storage and email and instant message attachments for viruses, Trojans and worms recognised by Desktop Anti-Virus to stop them adversely affecting your PC(s). Desktop Anti-Virus also scans other types of files "on-demand".
      4.3

      Desktop Anti-Virus has the following features:

      * it automatically checks for virus and software updates;
      * it automatically attempts to clean detected virus - infected files when a malicious threat is detected; and
      * it silently updates virus definitions.

        5. Content Filter - Parental Controls

        5.1Content Filter - Parental Controls provides content filter software, for downloading onto your PC(s).
        5.2

        Content Filter - Parental Controls has the following features:

        * you can set pre-set filters such as time limits, block known problem sites and filter websites for inappropriate language, images and topics depending on a user’s age group;
        * you can view web history for each user, and also view the alerts that were generated when a user attempted to access a restricted site; and
        * you can limit Internet use to certain times.

        6. Privacy Protection

        6.1Privacy Protection helps reduce pop-up windows.

        7. Anti-Phishing

        7.1Anti-Phishing provides anti-phishing software, for downloading onto your PC(s).
        7.2

        Anti-Phishing has the following features.

        * it provides real-time protection from known scam websites trying to steal passwords and security information; and
        * it alerts you if you hit a website with suspicious characteristics.

        7.3Anti-Phishing does not guarantee to identify all fraudulent sites.

          8. Anti-Spyware

          8.1Anti-Spyware provides anti-spyware software, for downloading onto your PC(s).
          8.2Anti-Spyware helps protect against invasive, unauthorised collection of data about you and your family members from your PC(s) by automatically monitoring your PC(s) for known spyware and suspicious activities.

          9. Billing

          9.1We will bill you for the Services each month in advance. Your first bill will also contain the charges for Services provided from the date we began to supply you with the Services up to the date of that bill. The full charge is payable if you cancel the Services part way through a billing month.

          10. Cancelling the Services

          10.1Regardless of any other clause in this Agreement, we may end this Agreement by at least 14 days notice to you because of our obligations to third party service providers, for service delivery reasons, or because you no longer meet our credit criteria. This right to end the Agreement is in addition to our other rights under this Agreement.

          11. Changes to the Services, terms and charges by us

          11.1

          We may, by at least 14 days notice to you:

          * change our charges for the Services; or
          * amend or discontinue the Services or a plan or package in relation to the Services and where practicable, move you onto another equivalent service or plan or package of services;

          11.2We may, by at least 14 days notice to you, change these terms and conditions.

          12. Right of use

          12.1Subject to your compliance with these terms, your subscription to the applicable Services permits you to use one copy of the specified version of the software, for residential purposes only, on only one PC at any one time.
          12.2The software is "in use" on a PC when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that PC.
          12.3Your right of use is non-exclusive.
          12.4You shall not ship, transfer or export the services into any country or use the services in any manner prohibited by applicable export control laws.

          13. Software licenses

          13.1The software is owned by us and our suppliers or licensors and is protected by copyright laws and international treaty provisions.
          13.2We and our suppliers and licensors own and retain all right, title and interest in and to the software, including but not limited to all patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained in the software.
          13.3

          You may:

          * only use the software (including storing, loading, installing, executing or displaying it on a computer) in conjunction with your Vodafone account;
          *only use the software in accordance with our directions from time to time;

          13.4

          You may not:

          * use, copy, or distribute the software except as expressly provided in these terms;
          * sub-licence, assign, share, sell rent, lease, licence, loan or otherwise transfer to any person the right to use the software;
          * reverse engineer, decompile, or disassemble the software; or
          * make error corrections to, or otherwise adapt or modify, or create derivative works based upon the software

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