Definitions
"The Provider" means
The Femtech Group (ABN
48 171 520 322), trading as Femtech and any other associated, company, their heirs, successors & assigns.
"Service" means the means to access the worldwide computer network known as the Internet provided by the provider including information services, computer resources, disk storage and computer communication resources that may or may not be the property of the provider and the actual ability to use the resources so provided.
"Customer" means the user of this Service who pays fees to The Provider.
Provision of Service
The Provider shall provide the Customer with the Service. It is intended that the Service shall generally be available 24 hours a day, seven days a week except for service maintenance times which the Provider shall make reasonable attempts to advise to the Customer from time to time. However, there is no undertaking in respect to service availability and it is specifically understood that no express or implied contract exists in respect to service availability or duration.
The Provider shall provide Customer with a Login ID code, a password, telephone number & such other login information that is required to enable connection to the Service. It is the customer's sole responsibility to maintain a suitable level of security in respect to the foregoing information. The customer expressly agrees and understands that they are liable for all activities conducted using their logon ID and for any charges or fees that may result from such usage. A customer who does not understand this section or any other part of this agreement should obtain advice from an appropriate source.
Charges
The charges for using the Service are detailed in this Agreement. The Provider retains the right to alter these charges from time to time and may give the Customer up to one month's written notice, by letter, facsimile or electronic mail, of any such alterations.
The Customer
agrees to pay the charges via credit card (or alternatively made
other arrangements for payment with The Provider), which shall be
debited automatically with the annual subscription fee and first
months connection fee with subsequent monthly connection fees at the
beginning of each charge period and usage fees at the end of each
period. Should this credit card number expire or should The Provider
otherwise be unable to debit valid charges to this credit card
number, The Provider may immediately and without notice withdraw the
Customers access to the Service.
All Internet
accounts are billed and maintained by a third party namely CairnsNet,
as they are the supplier of the services
Initial minimum contract period is 6 months. Early termination charges will apply.
Any refunds for any monies paid in advance will be at the sole discretion of The Provider taking into account agreed term &/or periods and alterations thereof.
Customer Responsibilities
The Customer must provide the telephone line, modem, computer and software as necessary to access the Service.
The Customer agrees that they cannot assign or otherwise transfer this Agreement or Customers rights under it, delegate Customers obligations or resell the Service.
The Customer is responsible for the selection and use of security features, non-disclosure of personal login information and backup of any information. The Customer is responsible for all use of the Service accessed through the Customers password. Disclosure or loss of login information that incur charges or Service misuse is the Customers responsibility and should be reported to The Provider as soon as possible.
The use of the Service is at the Customers sole risk and is entirely the Customers responsibility. The Provider does not and cannot monitor or control the content and information accessed via the Service and the Provider shall not be held responsible in any way for any content or information accessed via the Service.
The Customer will not use the Service so as to interfere with or disrupt network users, services or equipment. Disruptions include but are not limited to, distribution of unsolicited advertising, propagation of computer worms and viruses, using the network to make unauthorised entry to any other machine accessible via the Service, send harassing or threatening electronic mail and forgery (or attempt forgery) of electronic mail messages and Usenet news postings.
The Customer agrees to refrain from mass postings to inappropriate Usenet newsgroups. The Customer agrees to refrain from mass, unsolicited e-mailings. The Customer agrees to post advertisements only where appropriate, and in venues that specifically encourage or allow advertising. The Customer agrees to respect the conventions of the newsgroups, lists and networks to which the Customer is posting, including rules more restrictive than, but not limited to, the above. Likewise.
The Service should not be used by any individual or group of persons for any activities of an illegal or fraudulent manner including any activities prohibited under the Australian Commonwealth Government Telecommunications Act 1989, or under other applicable Australian State and Commonwealth laws: and/or an unauthorised use of copyright material. It is expressly agreed that in the event of such misuse of the service, the customer will be solely responsible for the consequences and will at all times indemnify the provider.
The Customer acknowledges that certain Caller information (eg: Caller-ID) maybe required to access the service &/or provide support or will be made available to The Provider by Telecommunications Carriers &/or other parties and the Customer hereby agrees that The Provider may collect such information and utilise such information for its internal purposes and accounting.
Certain Internet content accessed via the Service may contain material which the Customer may find inappropriate, offensive, inflammatory, or adult in nature. The Provider does not endorse such material and disclaims any and all liability for their content.
The Customer hereby indemnifies The Provider in respect to any loss or damage action claim suit or proceeding against The Provider by any person arising out of the use of the Service by the Customer including but not limited to the transmission of any illegal and/or fraudulent material.
General Terms
The Provider may monitor or keep any records that The Provider deems necessary of Customer use of the Service. These records can and will be made available to Police forces, Government agencies or other individuals subject to reasonable enquiry by the provider as to the statutory or other legal right claimed to be exercised by the organisation or individual in respect of those records. Reasonable enquiries by the provider will at all times be sufficient to discharge the provider from any liability for any harm or damage that results from the release of information to third parties. Specifically reasonable enquiry includes reliance on the apparent authority of any person.
The Provider does not warrant that the Service will be uninterrupted or error free, nor does The Provider make any warranty as to the results obtained from the use of the Service. The Service is provided without warranties of any kind, either express or implied, other than those warranties implied into this agreement by legislation such as the Trade Practices Act and which cannot be excluded. To the extent permissible by law, The Provider excludes all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Service or inability to use the Service and where such liability cannot be excluded The Provider limits its liability, at its option, to the resupply or cost of resupply of the Service.
The Provider reserves the right to reject or filter content as may be required by law, good taste or as required as the provider determines to provide a suitable quality of service. This includes tcp/ip ports and/or services in addition to filtering email especially that of an unsolicited nature. The provider is under no obligation to advise what filtering or rejection strategies are in place or used from time to time.
Termination
This Agreement shall remain in place until it is terminated by either Customer or The Provider by giving one months written notice
which can be delivered by Fax, Post or by the email account to
which the termination will apply. Verbal and emailed
notifications from any other account will not be accepted. The Provider reserves the right to terminate the Service without notice if Customer misuses or abuses the Service or The Provider. What constitutes misuse or abuse of the Service is determined by The Provider.