WAnet - Terms & Conditions of Use - Policy Document
Terms and Conditions of WAnet Account Use - Your connection to our system is confirmation that you agree and will be bound by the terms and conditions listed here and as modified from time to time.
Last updated 1st January 2003
1. The ISP agrees to provide Internet Access to the User for the period stated on the Application Form for the Regular Payment stated therein together with the Additional Payments defined therein.
2. The Internet Access shall be personal to the User and the persons authorised on the Application Form.
3. The User has personally completed the Application Form as attached.
4. The User agrees to pay the Regular Payment and any Additional Payment as set out in the Application Form. The Regular Payment shall be charged and any Additional Payments shall fall due on the expiry of the first period of pre-paid Internet Access and at the conclusion of each period pre-paid thereafter.
5. The Special Conditions and payments under this agreement are subject to change. The ISP shall give not less than 14 days notice to the User of any changes. In the event that the Internet Access is substantially limited by such changes, the User shall be entitled to close the account and to receive a pro rata refund of any prepayments for Internet Access paid prior to the User being notified of the changes. Changes to conditions will be posted at the URL http://www.wanet.com.au/policy
6. If the User has nominated periodic payments by credit card, debit authority or similar method then payments of the Regular Payment and any Additional Payment shall be drawn against the Users authority unless the User terminates the payment method by 14 days written notice to the ISP. Such payments will be process a maximum of 5 days prior to the due date.
7. The Internet Access will be continuously available subject only to downtime for maintenance and in the event of circumstances beyond the ISPs control. The ISP shall not be liable for compensation to the User for any loss, damage or inability to use the service suffered by the User as a result of downtime.
8. The ISP may suspend Internet Access while investigating any complaint of criminal behaviour and shall monitor or limit the Users Internet Access as required by written direction of a competent law enforcement official.
9. Advice, software and information given by the ISP is given in good faith but is not provided as a condition of this agreement. The ISP shall not be responsible for loss occasioned by the User in reliance thereof.
10. The ISP shall not be responsible for backup and storage of the Users data and is not liable for loss occasioned by the User in reliance thereof.
11. The Internet Access shall be subject to Account Limitations only as listed on the Application Form and within this document.
12. If the Regular Payment and any applicable Additional Payments are not paid to the ISP by the due date, then the ISP may cease to provide the Internet Access whereupon Disconnection will occur.
13. Disconnection will occur in the event a Users nominated payment method is refused or dishonoured by the Users nominated financial institution.
14. You remain liable for any charges
you incur up to the effective date of termination. No
refund of any fees, including any monthly access fees,
will be granted, and no on-line time credited to your
account will be redeemable or convertible to cash or any
other form of credit. We must receive written
notice at least 7 days prior to the end of the
calendar month that you wish to terminate your account.
Notification that does not meet the requirment will be
taken as effective notice for the following calendar
month. Pro-rata refunds will not be issued for any pre-payments.
The address for such notice is Post Office Box 553,
Inglewood WA 6052 or by email to email@example.com
(b) in the event of the User committing Defined Abuse in which case the Internet Access may be immediately terminated under Abuse Procedure and pro-rata refunds will NOT be issued.
16. In the event the User's Internet Access is terminated under Abuse Procedure, the User may be charged for any costs incurred by the ISP in relation to confirmed cases of Defined Abuse.
17. The forbearance on the part of the ISP from terminating Internet Access on the first date the ISP is entitled to do so shall not constitute any waiver of the ISPs rights to maintain strict time limits for payment and insist upon standards of User behaviour pursuant to this agreement.
18. The ISP shall protect the privacy of the User.
19. (a) The ISP shall not view, alter
or remove the User's data, other than where the ISP is:
(b) Where the ISP obtains private information as a result of such action, the ISP will incur a fiduciary duty to not redistribute this information.
20. The User hereby indemnifies the ISP against any liability for damages or costs of technical or legal services arising from any Defined Abuse by the Users of the Internet Access provided by the ISP.
21. The User shall choose a secure password and ensure that this password is not disclosed to any unauthorised person..
22. The User is aware that the Internet contains material that is unsuitable for children and some material that may be unlawful for children or adults to view, possess or transmit. The User undertakes to adequately supervise use of the Internet Access by minors.
23. The User is aware that Western Australian and Australian laws prohibit certain types of material from being viewed, possessed or transmitted via the Internet. The User acknowledges that the ISP has no control over the accuracy or appropriateness of material accessed over the Internet and that it is the responsibility of the User to comply with applicable laws.
24. The User and the ISP agree that the laws of Western Australia shall govern this agreement
25. All notices as required to the User will be deemed as delivered once transmitted to their WAnet email address and it is the reponsibility of the User to clear their WAnet email account on a regular basis to be aware of any changes and invoices and other notices.
26. Your use of WAnet services shall be sufficient acknowledgement that you abide by these terms and conditions as amended from time to time.
Download & Limatations on Accounts
All WAnet dial-up accounts have download and/or time limits for each calendar month. The following table shows the included portion of Download and the rate at which excess download will be charged along with the number of online hours included and the excess rate for hours after that period:
The maximum size for a single email item is 9.9 Mb. Mailbox sizes are limited to 50 Mb maximum.
All WAnet dialup accounts have session limits which determine the minimum time before you may be disconnected from the system and the upper limit for a single phone call.
ADSL Products - Minimum term commitments & penalties
Premium ADSL Connections and the Opal ADSL products have a minimum contract length of 12 consectutive calendar months. Early termination may incur a disconnection fee up to the balance unpaid of the 12 month term.
Residential ADSL Connections have a mimimum contract length of 6 months and will incur an early termination fee of $79.00
Invoices will be transmitted via Email to your WAnet email account in rich text format. It is your responsibility to obtain and install an email client capable of reading this format. It is your duty to check this mailbox on a regular basis to read any correspondence we send to you.
Web Space attached to Dial-up Accounts
Private web space is not for commercial use. Sites with any commercial material on them will be removed from the system without notice. Please examine our virtual server pricing if you wish to promote commercial activity.
"Account Limitation" means any configured limits on Internet Access but does not include supply or maintenance of the Users equipment, software or telephone connection.
"Additional Payments" means the fees and charges for the Internet Access over and above the standard Regular Payment as defined in the Account Limitations on the Application Form.
"Defined Abuse" means
misuse of the Internet Access as follows:
"Denial-of-service attacks" mean behaviour of the User that results in disruption of the ISP's service, disruption of other peoples Internet Access or their enjoyment of that Access, which includes but is not limited to computer viruses, I.R.C. harassment, email bombardment, damage to Internet-connected resources and channel flooding.
"Downtime" means periods of unavailability or limited availability of Internet Access.
"Internet Access" means connection to the global network of networks known as "The Internet" using software protocols supported by the ISP to connect the Users computer equipment to the ISPs network. This includes access to email and the World Wide Web, but not necessarily other services or access otherwise than from a dialup connection. In the event that the ISP limits the Internet Access to access via a dialup connection to email and the World Wide Web, the appropriate Account Limitations must be endorsed on the Special Conditions.
"ISP" means the Internet Service Provider referred to in the Application Form attached, its successors and assigns.
"Megabyte" means one million bytes.
"Notice" by email shall be sufficient written notice, but at the discretion of either the User or the ISP notice may also be sent by their choice of post, hand delivery or facsimile transmission.
"Regular Payment" is the periodic charge due to the ISP from the User for the Users Internet Access, excluding Additional Payments and telephone charges payable to the telecommunications carrier. Telephone charges payable to the telecommunications carrier (such as Telstra) are strictly the responsibility of the User.
"Spamming means unsolicited bulk electronic messages sent by the User which in the reasonable opinion of the ISP constitutes a breach of acceptable use of the ISPs email, Usenet news or similar facilities.
"Usenet News" means the hierarchy of newsgroups providing public messages on a variety of topics.