Lockyer Internet Pty Ltd
ABN 64 088 815 392
TERMS and CONDITIONS incorporating Acceptable Usage Policy
Our policy is to provide a low cost connection to the Internet with minimum
disruption to connectivity for members. If you live in the country, a
town or a city, you will always pay the same price for your dial up, Satellite
or ADSL connection.
Locknet members receive great "value for money", and "affordable"
Services that the family can enjoy.
Our Services are designed to be shared by members in a fair and equitable
manner and not to be monopolized or abused by individuals at the expense
of others. The freedom of Locknet subscribers to access the world wide
web for legitimate purposes should not be limited by the actions of a
small number of subscribers to their systems. The use of the world wide
web is regulated by various statutory enactments and other laws. The Terms
and Conditions help to ensure that Locknet as well as members comply with
their obligations at law.
To maintain quality of Service for all members, we do not supply Services
to large corporations or government at the expense of members, and we
comply with directives that restrict sites distributing pirated music,
software and hardcore pornography.
Locknet does not allow you to send large amounts of unsolicited or unwanted
mail to individuals or individual business accounts.
New customers and members should be aware that our preferred method of
payment is via Credit Card or Direct Debit. We also accept payments by
cheque, cash, money order and Direct Deposit.
If you intend to use our Service for purposes not in keeping with this
policy, you should make arrangements to find an alternative Service more
suitable to your needs.
1. Definitions
1.1 "ISP" or "the ISP" refers to
Lockyer Internet Pty Ltd trading as ‘Locknet’ its networks
and its system, including locknet.com.au, locknet.net.au and 24x7.net.au
1.2 "The user", "you" or "your"
refers to any person or device that connects to the ISP for the purpose
of gaining access to the system and the system refers to any computer,
network, concentrator, terminal, or device that is used to supply Services
by the ISP. "Members Area" refers to the area on the ISP Web
Site used by members to access notices and account information.
GUIDE TO INTERPRETATION OF TERMS
1.3 Acceptable Usage Policy means the ISP Acceptable
Usage Policy
1.4 Agreement means these Terms and Conditions and any
variations or further Terms and Conditions accepted by you from time to
time.
1.5 Business Day means any day on which the Commonwealth
Bank is open for general banking business in the Brisbane Central Business
District.
1.6 Charges means the charges for the Services as set
out in the applicable locknet.com.au. Customer Plan and as advised to
you by locknet.com.au from time to time in accordance with this agreement.
1.7 Establishment Fee means the establishment fee specified
in the ISP Customer Plan.
1.8 GST has the same meaning as in A New Tax System (Goods
and Services Tax) Act 1999 (Cwth)
1.9 IP Address means an Internet Protocol address
1.10 Customer Plan means the ISP Customer Plan chosen
and completed by you
1.11 locknet.com.au is the trading name of, and is a
reference to Lockyer Internet Pty Ltd A.B.N 64 088 815 392 and includes
any of its related bodies corporate (as that terms is defined in the Corporations
Act).
1.12 Regulator means any State or Commonwealth Government
authority, including but not limited to the police Service of any Australian
State or Territory, the Australian Federal Police Service, the Australian
Competition and Customer Commission and the Australian Communications
Authority
1.13 Services means the Services set out in the ISP Customer
Plan chosen by you, as varied by the ISP in accordance with this agreement.
1.14 You means the person or entity that orders and accepts
supply of the Services from locknet.com.au
These are the Terms and Conditions on which the ISP offers to provide
Internet access Services to you. These Terms and Conditions are to be
read in conjunction with any Terms and Conditions included in the ISP
Customer Plan chosen by you
1.15 By using or subscribing to the ISP you are subject
to the following terms and conditions. YOU ARE DEEMED TO HAVE
ACCEPTED THESE TERMS AND CONDITIONS AND ACCEPTABLE USAGE POLICY ONCE YOU
SUBSCRIBE TO, OR FIRST USE THE Services PROVIDED BY THE ISP, WHICHEVER
EVENT IS EARLIER IN TIME.
1.16 This agreement is governed by the laws in force
in Australia, and the parties irrevocably submit to the non-exclusive
jurisdiction of the courts of Australia, when determining any dispute
concerning this agreement.
2. Registration
2.1 During the subscription process you will be asked
for personal information and you authorise the ISP to obtain personal
information about you to support your application to become an ISP member
and to conduct all relevant credit checks and searches to enable the ISP
to determine your credit worthiness.
2.2 You must be at least eighteen years of age, and provide
your correct name, current address, telephone number. A current drivers
license and date of birth may also be required as part of determining
your correct identity and you agree to immediately inform the ISP of any
changes to your personal details.
2.3 Your privacy will be respected at all times, however
the ISP may monitor or keep any records necessary that relate to your
use of the Service.
3. Notices
3.1 Regular and Variations notices are sent to your ISP
e-mail address and or posted in the Members Area for your information.
You must regularly check your ISP e-mail address and the Members Area
for important notices from the ISP. Notices when sent have been Date Stamped
by the sending ISP mail server and or posted in the Members Area.Variations
in Charges will take effect on any Customer Plan with a renewal date later
than 14 days after the date of the notice.
3.2 The ISP may vary the Services and Charges set out
in the ISP Customer Plan from time to time provided it complies with the
notification included in these Terms and Conditions.
4. Your Conduct
4.1 You agree not to place, store or relay software or
information on the system which is unlawful, or attempt to access internal
areas of the system or engage in any forms of "hacking", "relay",
"mail bombing", "ping attacks", "spamming",
"port scanning", "denial of Service", "sub-seven
or netbus or derivative" or any destructive or disruptive action
against the system.
4.2 Your password must remain confidential, is not transferable
and you agree not to assign, transfer or resell this agreement. You are
responsible for selecting and maintaining at your expense any facilities
or equipment necessary for you to connect to the ISP.
4.3 If you use obscene language, abuse, threaten or harass
any ISP staff member in person, or via the telephone, fax or Internet,
or in any other manner, your account may be terminated immediately.
4.4 You agree, that the system is designed to be shared
in a fair and equitable manner with other members and not to use the system
in such a way that, in the opinion of the ISP, your actions affect the
other members.
For the convenience of members, we allow immediate redial at the end of
a session. However this is not to imply that continuous back-to-back sessions
will be tolerated, as this pattern of use has considerable impact on availability
to the other members on a shared system.
5. General Conditions
5.1 The ISP provides a Service that is available Twenty
Four hours a day to the standard active telephone jack in your premises.
It is your responsibility to ensure that the access number provided by
the ISP is a local call.
5.2 The ISP supplies a connection disk suitable for Win95,
98, 2000, NT, ME and XP to configure your computer correctly and you are
responsible if you tamper with the settings or allow another internet
Service provider's installation to alter or disrupt the ISP internet settings
and connection.
5.3 You are responsible for the installation, use or
any fees associated with any telephone lines, equipment or software that
you may require in order to access the Services
5.4 The ISP is not liable for any dial-up charges imposed
by your telecommunications carrier and you agree that the Charges are
exclusive of such dial-up charges or any other fee imposed by your telecommunications
carrier.
5.5 The Services do not include, and the ISP is under
no obligation to provide, domain name server Services, domain name registration
functions, or IP addresses to you.
5.6 You agree not to sell or resupply, for reward or
otherwise, the Services to any person.
5.7 Your use of, or subscription to, the ISP (including
any additional Services offered from time to time) constitutes acceptance
of, and is governed by, these Terms and Conditions.
6. Technical Conditions
6.1 During peak periods, network capacity may become
limited and access is not guaranteed. Unless expressly specified in the
ISP Customer Plan Multiple logins are not allowed, terminal logins are
not permitted and the Service may not be used as a Permanent Modem Connection,
Permanent IP address, Mail or Web Server or to provide any Publicly Available
Service.
6.2 For security reasons the standard system settings
may require you to re-authenticate when the session time expires depending
on plan. Twenty (20) minutes of continuous in-activity may also require
you to re-authenticate on some plans. Details can be found in the various
Plan descriptions on the ISP website
6.3 Automated attempts, devices or practices to avoid
re-authentication are not permitted and your access to the system will
be restricted if in our opinion you engage in activities which restrict
or deprive access to fellow ISP members. E.g. Auto Redialling so as to
“daisy chain” sessions on a session-time-limited plan. The
member would thus be creating a de-facto semi-permanent connection, which
is not allowed on a 3 hr and a 6 hr session plans.
7. Limitation of Liability
7.1 The ISP is not liable for any loss, damage or injury
(including without limitation any loss of profit, indirect, consequential
or incidental loss, damage or injury) arising from your use of the System,
information obtained from it, or timed telephone calls charged by a telephone
company to you.
7.2 The ISP is dependent on external network and data
Services, therefore you indemnify the ISP for any inability to provide
such Services which are beyond its control. The ISP does not guarantee
that access to any system either internal or external to the ISP, will
be available at any given time or that the files, information or Services
will be error free or fault free.
7.3 The failure of the ISP at any time to enforce or
require the strict compliance of any provision in this agreement, shall
not be interpreted as a variation of this agreement. The ISP reserves
the right to alter the system rules as required and to subcontract or
assign this agreement without giving you notice.
7.4 This agreement is binding upon your successors, assigns,
heirs, executors and administrators. If you are underage and have failed
to disclosed this to the ISP, this agreement is legally binding on your
parents or legal guardians.
8. Plan Information
8.1 All current plans are published on our website and
on all ISP Registration Forms which are available at all locations where
the ISP Services are sold.
8.2 Plans are subject to change and subscriptions to
any plan may be limited to ensure appropriate network performance. Selected
plans may be withdrawn when fully subscribed. Some plans are offered purely
for promotional purposes, may be withdrawn at any time without notice
and are subject to special conditions which are in addition to the ISP
Terms and Conditions.
9. Privacy
9.1 Your ISP Service is covered by a standard Australian
Privacy Laws for your protection. You may be required to prove your identity
before personal information or account changes will be discussed.
10. Changing Your Plan
10.1 You may select a different plan at any time by calling
our Customer Services. Unused hours or unused data on your current plan
will not carry over to the new plan or next period (Exception: Early Renewal
of block-hours plans) and excess fees must be paid before your plan change
will take effect.
11. Cancellation
11.1 To cancel this Service, you must provide notice
in writing to the ISP, 7 days prior to the expiry to the current subscription.
The notice must be signed by the account holder. To protect your security
and privacy, e-mail and telephone cancellations are not accepted.
12. Termination
12.1 The ISP may close, suspend or terminate your Service
without a refund or credit if in the opinion of the ISP you materially
breach any of these terms and conditions and you will remain liable for
all Charges owing under this agreement.
© Lockyer Internet Pty Ltd ABN 64 088 815 392
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