Terms and Conditions of Service

The Terms and Conditions and the Acceptable User Policy represent the complete agreement and understanding between Oznet Internet Services Pty Ltd, ACN 091 971 587 ("Oznet"), and the User, ("You"), and supersede any other written or oral agreement.

You acknowledge and agree as follows:

1. Age & Acceptable User Policy

You are 18 years of age or older and acknowledge that you have read and You agree with Our Terms and Conditions of business a copy of which is posted on Our website located at: http://oznet.com.au/terms/ You further acknowledge that the Internet contains unedited materials some of which may be offensive to You. We have no control over and no responsibility whatsoever for such materials.

You agree to comply with the Acceptable User Policy which can be found under 9. below. Failure to comply with the Acceptable User Policy may result in suspension or termination of Your Account in Our absolute discretion. We may rescind an account suspension in Our absolute discretion following the payment of a reconnection charge.

You acknowledge that although We do not monitor or in any way supervise or control the content and form of any information on the Internet, We reserve the right in our absolute discretion to monitor and access any data or information concerning or arising from Your use of the Services. We further may disclose such data or information as required of Us by law, regulation or government request or upon the advice of counsel.

2. Services

We provide a comprehensive suite of Internet Services and Internet related applications comprising Internet Access, Virtual Web Hosting, Web Design, Web promotional tools, Registration of Top Level and Regional Domain Names. In addition we have forged strategic alliances with other Industry leaders and offer their products or service either as a standalone or in conjunction with our modular suite of services. These Include Channel Partnership with Melbourne IT, Enetica, and Business Partnership with Tucows, MaxiNet and SIS Group to offer Internet related goods and services subject to warranty conditions as set out under 6. below.

2.1 Internet Access

2.1.1 Currently POP access points are available Australia wide (99% coverage).

2.1.2 We will provide you with Premium Quality Internet Access at the rates published on our web site, http://www.oznet.com.au. Accounts are pre-set for a monthly hourly limit, upgradeable upon request which will come into effect at the 1st day of the following month. Excess hourly charges apply for excess hours used. There is no restriction on download limits unless otherwise stated.  Accounts are available 24 hours a day. While the service is of the highest quality, warranty conditions as per 6. below apply. Minimum subscription period of 3 months is applicable.

2.2 Web-hosting

Subscribers to our Access Accounts will have 5MB of free space to publish web-pages. This is for a non-commercial purpose which comprises raw disk space. No support is provided in this respect. Commercial Virtual Hosting is available, maintained on quality Servers and Routers for proprietary client Domain Names. This offers state of the art e-commerce features and subject to Our Acceptable User Policy 9. below.

Pornography, Nudity and sex-related merchandising is prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Oznet servers or any other server on the internet. Links to such materials are also prohibited.

2.3.  Domain Registration

If you are applying to Register a Domain Name, the onus is on you to ensure the registration and use of a domain name does not contravene any third party's rights (such as those pertaining to a registered Trade Mark). If your domain name infringes on other party's registered Trade Mark, you could be sued for infringement! Oznet acts as an agent on your behalf in registering your desired Domain Name with the appropriate Registry. Once a Domain Name licence is granted, it is subject to the Domain Administration's "Licence Terms and Conditions". Domain renewal when due is your own responsibility.

2.4.  Support

Technical Support is available 7 days a week, from 9am to 10pm week days and 10am to 6pm on weekends. We also provides a 24 hours-a-day online support service via Email. Initial Technical Support for Account set-up is provided free of charge. Any additional support beyond the initial set-up is chargeable at prevailing rates. 

3. Your Account

3.1 We shall provide You with all log-ins and passwords required for use of the Services and a User Name Account ("Your Account"). You are responsible for maintaining the secrecy and confidentiality of passwords and are liable for all use of the Services accessed through such  passwords, whether authorised by You or not.

3.2 All information that you provide to us and information obtained through a telecomm carrier such as line identification is treated as strictly confidential.

3.3 The cost of connecting to our Service is not inclusive in our price, you undertake to pay for your own phone and other connection fees.

3.4 You must notify Us immediately if You suspect any breach of security, such as loss, theft or unauthorised disclosure or use of Your log-ins or passwords. You acknowledge that the Internet can be unsecured and We do not guarantee privacy or security for any communications or transactions on the Internet.

3.5 Accounts are for Your use only! Loaning Your Account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If You have multiple accounts, then You are limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.

4. Variation

We may vary our prices, discontinue or change Services or otherwise vary the terms of this Agreement and/or the Acceptable User Policy by publishing such variations on our web site (http://www.oznet.com.au). We will announce any changes to this Agreement on our web site at least 1 day before they become effective. Any changes to the Acceptable User Policy are effective upon posting.

Your continued use of Your Account indicates Your acceptance of these terms and conditions as varied.

5. Payment

5.1 Subscription fees are set out on our web page or otherwise provided to You by Us. Subscription fees are paid in advance. Failure to use Your Account does not relieve You of Your payment obligations.

Unused free hours do not accrue from one month to the next.

5.2 You are responsible for any and all fixed and cumulative charges in respect of Your Account. The Subscription fee is due upon set-up of Your Account and apportioned to cover the remaining days of the month in which joining occurs plus the following month, and charged monthly thereafter.

Example: You join April 15,  2000 for 100 hours at $30 per month.
Subscription for the remaining of April $15
Subscription for May $30
Total payable at subscription time $45
You would get charged $30 from June onwards plus GST as of July 2000.

Additional fees for extra time usage (Extra Hours) of Your Account will be payable monthly in arrears. Extra time usage is currently rated at $2.95 plus GST when applicable.

5.3 If you have indicated that You wish to pay by credit card You agree that we may debit Your nominated credit card for the amount owing to Us in accordance with this Agreement without reference to You. If the credit card expires or is not honoured for any reason a late payment fee of $5.50 applies for payment beyond 7 days of the due date. If a cheque provided in payment of Your Account is dishonoured, Your Account may be suspended until the overdue amount is paid. We will attempt to notify You by email using your email address on record. Dishonoured cheques are subject to a collection fee of $35. Accounts that remain unpaid after 15 days of the due date are cancelled. If this is a hosting account all data that you have published on the web will also be deleted.

5.4 If payment is not received within 48 hours after notification, the Services will be terminated and re-establishment of Your Account will be subject to a reconnection fee.

5.5 You will remain liable to us for all amounts falling due under this Agreement until you have paid Us in full for those amounts. Further, you are liable to pay Us interest at the overdraft rate charged from time to time by Our principal bankers plus 1.5% per annum calculated on daily balances of overdue amounts.

5.6 In addition to any price for the Services, You shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, GST or other similar taxes applicable to the price, sales or delivery of any services furnished under this Agreement or to their use by You.

5.7 Nothing in this clause affects Our right to terminate this Agreement under clause 8.

6. Exclusion of Warranties & Liability

While our service is of the highest quality, at any given time Services may not be available for reasons including, but not limited to, Internet capacity limits, maintenance and upgrade procedures or technical problems. 

Subject to any rights You may have under the law, the Services are provided on an "AS IS" basis without warranties of any kind, either expressed or implied except those warranties which cannot be specifically excluded under the Trade Practices Act 1974. All other terms, conditions, warranties, undertakings, inducements or representations, whether expressed or implied, under statute are hereby expressly excluded and We shall not be liable for any loss or damage of any kind arising out of or in connection with the supply of the Services, suffered by You, Your agents or employees, or any third party, whether the claim be in contract or for negligence or equity and, without limiting the foregoing, We shall not be liable in any circumstances for economic or consequential loss even if We had been advised of such possibility.

In relation to every condition and warranty expressed in this Agreement and to the extent that the warranties implied under the Trade Practices Act cannot be excluded, Our liability for any loss arising as a result of or in relation to the supply of the Services, including any economic or consequential loss which may be sustained or incurred, is hereby limited to the supply of the services again, or the payment of the cost of having the services supplied again.

You acknowledge that risks, delays and failures in the Services will occur due to factors outside Our control including, but not limited to, communication loads, telecommunications failures or faults, defective equipment used by You, improperly installed software, and the behaviour of other users. Without limiting the above, We exclude all and any responsibility for any such risks, delays or failures.

You acknowledge that the Services provide unrestricted access to the Internet without filtering or blocking of any kind. Without limiting the above We exclude all responsibility and liability for content accessible using the Services and for every use of the Services that may be made using Your Account.

7. Indemnity

You indemnify Oznet, Our officers, employees, agents, shareholders and other users from and against all liabilities, losses, costs and expenses (including legal costs on an indemnity basis) which arise out of a breach of this Agreement by You or Your use of Your Account, whether authorised or not authorised.

8. Termination

Accounts are understood to be provided on an ongoing basis unless "termination notice" is received and confirmed by us. Termination becomes effective at the end of a monthly period, (last day of the month). One month notification of termination is required by us.  You accept to pay the amount outstanding at termination no later than 7 days from the receipt of your final Account Statement.

You will remain liable to us for all amounts falling due under this Agreement until you have paid Us in full for those amounts. Further, you are liable to pay Us interest at the overdraft rate charged from time to time by Our principal bankers plus 1.5% per annum calculated on daily balances of overdue amounts.

Cancellation of Your Account shall not relieve You from the obligation to satisfy outstanding invoices. In the event We utilise an attorney or agency to collect such sums, You shall be responsible for the payment of all reasonable legal fees and costs incurred in pursuing the collection of these sums.

9. Acceptable User Policy

9.1 Content

All services provided by Us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, Australian State or Federal Law, or the Common Market European (EEC) Law is prohibited. This includes, but is not limited to: Copyright© material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. You agree to indemnify and hold harmless Oznet Internet Services from any claims resulting from the use of the Services which damages any other party or the subscriber.

Note: Pornography, Nudity and sex-related merchandising is prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Oznet servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links

• Pirated software

• Hacker's programs or archives

• Warez Sites

• Mp3 (permitted only under special conditions)

• Trade Mark or Copyright infringments

Oznet will be the sole arbiter as to what constitutes a violation of this provision.

9.2 Programs

CGI - System resources You are allowed to freely install cgi applications, on hosting Accounts. We reserve the right to disable any program or script that may effect normal server operations. Any site that uses large amounts of these resources may be asked to decrease activity or move to a dedicated server, a variety of packages are available.

Chat Rooms We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chatrooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.

Background Running Programs and Daemons We may allow programs to run continually in the background. These are considered upon application and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC We currently do not allow IRC or IRC Bots to be operated on our servers.

9.3 Abuse

Server abuse: Any attempt to undermine or cause harm to a server, or our customers,  is strictly prohibited. Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software which contains, computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via Oznet, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet News postings.

Commercial Advertising - Email: Oznet assigned Accounts may not be the source, intermediary, or destination address involved in the transmission of Spam, flames or mail bombs. Your Account may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider Spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we reserve the right to immediately, without warning, suspend your Account and charge you for any costs incurred in relation to dealing with the situation.

You will be held liable for, and indemnify Oznet for, all costs and damages, attributable to your abusive and unauthorised use of Services, or contrary to Our User Policies.

9.4 Refusal of service

In case of a breach of "Acceptable User Policy", we reserve the right to refuse or cancel service at our sole discretion.

9.5 Disclaimer

Oznet disclaims all liability for, and does not accept any responsibility against, anything that may happen to you or your equipment, or any loss incurred by you through the use of the Oznet Access, the use of any of the Services provided by Oznet, or the suspension or termination of your Account by Oznet. 

All Sub-Networks, Virtual Domains, and dedicated servers of Oznet must adhere to the above policies as they apply.

10. General

This Agreement is governed by the laws of the State of New South Wales.

Nothing in this Agreement shall be taken to confer on you for any reason whatsoever the right to market or resell the Services. The right to use the Services is not transferable without Our permission.

If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the agreement shall remain otherwise in full force apart from such provisions that shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.

No waiver or relaxation, partly or wholly, of any of the terms and conditions of this Agreement will be valid or binding on a party unless in writing and signed by or on behalf of that party. Any waiver or relaxation will apply to the particular occasion in question and will not constitute a waiver or relaxation of any other term or condition.

You will not assign or otherwise deal with Your rights and obligations under this Agreement without Our prior written consent. We may assign our rights and obligations under this Agreement by giving you 14 days prior written notice.

The above represents the complete agreement and understanding between Oznet Internet Services Pty Ltd ("Oznet"), and the User, ("You"), and supersedes any other written or oral agreement.

 

Oznet Internet Services Pty Ltd,
ACN 091 971 587