Internet Access Terms and Conditions
1. Our Services to you
(a) You agree to purchase and use the ADSL Products, ADSL Software and ADSL Services on these terms and conditions as amended from time to time in accordance with these terms and conditions.
(b) Unless we notify you otherwise within 10 days of the date of receipt by us of your application for the ADSL Products, ADSL Services or ADSL Software, we are deemed to have accepted your application on the date we receive it from you.
(c) We note that we reserve the right to refuse your application for the ADSL Products, ADSL Software and/or ADSL Services in our complete discretion and to require offline verification of your identity or authority.
(d) Our agreement will continue until the end of any fixed term set out in your application , or until this agreement is terminated in accordance with these terms.
(e) Without limiting any other provision of this Agreement, in the event that we need to suspend the ADSL Service or it is otherwise unavailable, we may provide you with access to Net Solutions’s dial-up products on a temporary basis. If you chose to use the dial-up products you agree that your use of the dial-up products is subject to Net Solutions’s general terms and conditions.
2. ADSL Service
(a) In order to receive the ADSL Service you must, at your sole expense ensure that you computer has, as a minimum, the following specifications:
(i) Windows 98/Macintosh OS8;
(ii) 64 MB Ram;
(iii) 500 MB Hard Drive;and
(iv) Ethernet Adaptor, if applicable, USB Port
(b) We will use reasonable skill and care in providing the ADSL Service but, to the extent permitted by law, the ADSL Service is provided without warranty that it is continuous or fault free.
(c) You must use appropriate measures to ensure the security of your account information, password, network and your data. If you have reason to suspect that the ADSL Service is being used contrary to this agreement, you must advise us as soon as possible.
(d) You agree not to connect any equipment other than;
(i) ADSL Products provided by us; or
(ii) a compatible product which must be approved by the Australian Communications Authority or otherwise authorised by the Telecommunications Act 1991, to any outlet installed for the ADSL Service.
(e) In relation to the provision by us of the ADSL Service:
(i) you warrant that you are over the age of 18 years, you are the legal lessee of the standard telephone service and the line to which your application relates, or that you have obtained the written authority of the legal lessee of that standard telephone service and line;
(ii) you agree that you will be liable for a cancellation fee in the event that the legal lessee terminates the standard telephone service;
(iii) you acknowledge that where you have asked us to supply the ADSL Service there may be a disruption to the relevant standard telephone service during ADSL Service provisioning;
(iv) you acknowledge that certain services incompatible with the ADSL Service may not be available to you while you obtain the ADSL Service;
(v) you acknowledge and agree that a third party is providing us with the ADSL Service and you hereby release and indemnify them and us from all liability to you arising from the following (for the extent that the liability is caused by the provisional cancellation of ADSL Service) and to the extent permitted by law:
(A) disruption in the PSTN services;
(B) cancellation of your ADSL Service;
(C) supervision of the provision of the ADSL Service to your IP address;
(D) cancellation of, or refusal to provide, all incompatible services; and
(E) possible breaches of the Telecommunications (Customer Service Guarantee)
Standard in respect of you; and(vi) you acknowledge and agree that third party installers may install the ADSL Service at your premises and you will provide all access to your premises reasonably required in this regard. To the extent permitted by law Net Solutions excludes all responsibility for such installation.
3. ADSL Products
(a) As part of the ADSL Service, we may provide you from time to time with the ADSL Products as set out below. You agree that you will use the ADSL Products in a responsible manner and only to access the ADSL Services.
(b) you are responsible for installing any ADSL Products we may provide to you and we exclude all liability for same to the extent permitted by law. You may request our assistance in relation to the installation of any ADSL Products, however, we will charge you for any installation of the ADSL Products.
(c) You must provide a suitable location for the ADSL Products. You must provide electricity and connection points for the ADSL Products at your own expense.
(d) If you do not own your own premises, you must use your best endeavours to ensure that the owner of the premises at which you wish to use the ADSL Products complies with these terms and conditions in so far as they relate to the premises. If the premises are sold, you must use your best endeavours to ensure that the purchaser agrees to observe the terms of this agreement.
(e) Any ADSL Products provided by us must be purchased from us for the price notified by us to you prior to your purchase. Title to the ADSL Products will pass to you from us only upon receipt by us of the full purchase price of the ADSL Product. All risk in the ADSL Products passes to you immediately on delivery to you or at the time title passes, whichever is the sooner.
4. Term
The initial term for supply of DSL service shall be for a period of 12 (twelve) Months unless otherwise stated. Some products have a term of 6 (six) months. Termination before the end of this minimum contract period will incur charges as outlined in clauses 10(d) and 10(e). After expiration of the Minimum Subscription Period, the agreement shall be renewed automatically on monthly terms, unless otherwise validly terminated pursuant to the terms of this contract. After the expiration of the Minimum Subscription Period, the Customer can terminate the service with 30-days prior written notice.
5. Other Services
(a) Net Solutions may make available to you other products and services in association with the ADSL Products, ADSL Software and ADSL Services. Supply by Net Solutions of any such additional products and services will be on the terms notified to you at the time of the supply of these products and/or services. By way of back up to the ADSL Products, ADSL Software and ADSL Service we may provide you with access to our Net Solutions dial-up products. This will be at your sole cost. You agree that any download limits that are applicable to your ADSL Service will carry over to your use of general Net Solutions products as if they were one and the same. You further acknowledge that Net Solutions general terms and conditions apply to your use of any dial-up products.
(b) As part of the ADSL Service Net Solutions may provide you with an email account. Our email service is important to both you and our other subscribers. In addition to the other terms and conditions in this Agreement, the following specific provisions relate to your use of our email service. Without limiting clause 7, you acknowledge and agree:
(i) to remove your email from our mail server promptly and to keep the space used by your files on our system below 10MB.
(ii) not to send a large amount of email message over a short period of time that may cause a delay in the normal rate of operation of Net Solutions’s email system, and in this regard Net Solutions has the right to remove any and all of your email if your mail box space exceeds 10MB. We may make special arrangements with you in relation to storage of this email and may discuss same with you upon receipt of a request from you in writing.
We may delete from our server at our sole discretion any emails before it is sent in the event that a delay in the normal operation of Net Solutions ‘s email system is caused or potentially caused by you sending a large amount of email messages over a short period of time.