Fair
Go Communications Pty Ltd
ABN 43 119 200 725
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 Fair Go Communications Pty Ltd trading 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 Fair Go Communications
Pty Ltd A.B.N 43 119 200 725 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 with 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.
©
Fair Go Communications Pty Ltd ACN 43 119 200 725
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