1.1 The "Provider" is Netro, a division of RO Computer Services Pty Limited (A.C.N. 064 194 234) and each of its suppliers in connection with the provision of the Service.
1.2 The "Account" means the customers right to use the Service.
1.3 The "Service" includes provision of access and services related to the worldwide computer network known as the Internet.
1.4 The "Customer" is the person or Company marked as the administrative contact on the application form.
Provision of the Service
2.1 The use of the Service is at the Customer's sole risk.
2.2 Any liability of the provider is limited to the resupply of the relevant Services.
2.3 The provider will not be liable for faults or outages occurring beyond the Provider's control, nor does the Provider make any warranty as to the results obtained from the use of the Service.
2.5 The Provider will not be liable for any additional telecommunications costs arising from the use of the Service.
- 2.4 Without limiting the foregoing, the Customer acknowledges that no Provider:
- (a) exercises any control over content accessible through use of the Service;
- (b) makes any warranties, whether express or implied, in respect of the Service; and
- (c) is responsible for any damage the customer may suffer from using:
- (i) the Service (including loss of data, delays, non-deliveries, misdeliveries or service interruptions whether or not caused by any Provider's intentional or negligent acts or omissions); or
- (ii) any content accessed through the Service (including inaccurate, incomplete or out of date information).
2.6 These provisions will survive any termination of the agreement.
Use of the Service
- 3.1 The customer indemnifies and will keep indemnified the Provider in respect to any loss or damages proceeding against the Provider by any person in respect to the use of the Customer's account. This includes, but is not limited to:
- (a) the transmission of any illegal, defamatory and/or fraudulent material which the Customer transmits or allows to be transmitted using the Provider's Service.
- (b) any action related to the content passing through the Service; and
- (c) any information hosted by the Customer in their personal directories and/or web pages.
- 4.1 The Customer warrants that it will use the Service in a responsible and lawful manner and in particular, that it will not use or authorise the use the Service to :
- (a) distribute material that is defamatory, offensive, abusive, obscene, menacing, threatening, harassing or illegal under any law at any place where transmissions are sent from, viewed or received;
- (b) copy or distribute material where it has no right to do so (for example, works under copyright or confidential information);
- (c) to commit a crime or in the course of committing a a crime; or
- (d) to engage in any activities in such a manner as to expose the Provider to a liability, including distributing unsolicited advertising, propagation of computer worms and viruses, using the Service to obtain unauthorised entry to any other machine accessible via the Service, and forgery (or attempted forgery) of electronic mail messages or Usenet news postings.
4.2 The sending of unsolicited bulk-email (spamming) constitutes abuse of the system, and the Provider reserves the right to pursue further legal action for damages against any person found using the Service for this purpose.
4.3 The Customer will immediately remove any material that is deemed to be illegal upon notification.
Payment for Services
5.1 All fees are paid up front. Excess use and bandwidth charges will be invoiced.
5.2 The price of the Service to the Customer may be amended upon one month's notice.
5.3 Where the Customer has arranged to pay by credit card, payments will be automatically deducted from the card to renew the service in accordance with the previous period of subscription, unless notification is received in writing.
5.4 All invoices are to be paid within 7 days of delivery of the invoice, unless otherwise provided by the Provider. Netro reserves the right to impose additional fees for late payment of invoices.
5.5 The Provider reserves the right to restrict or suspend all Services if payment is overdue. The Customer shall be liable for any expenses incurred by the Provider in the recovery of funds owing, including attorney and collection agency fees.
5.6 The customer consents the provider to obtain personal information from a credit reporting agency to determine creditworthiness or for the purpose of collection of overdue payments
5.7 The provider may require the payment of a security deposit before providing or continuing a service to meet any costs, loss or liability incurred by the customer. When the customer has fully performed his or her obligations, the outstanding balance shall be returned without interest to the customer
6.1 The Provider reserves the right to terminate the Service to the Customer without notice upon the occasion of misuse or abuse of the Service by the Customer.
6.2 What constitutes misuse or abuse of the Service is determined by the Provider, and may be guided by common standards of "Netiquette" such as in the Internet standard RFC 1855.
6.3 If the Customer wishes to terminate the service, notice must be given to the Provider in writing. The service will then terminate at the end of the current billing period. If the service is terminated prematurely, the charge for the Service will be altered to reflect the actual period of subscription. The termination date will be at the end of the current month of subscription.
6.4 If the customer does not terminate the service within 7 days of the expiry date of the Service and the service is still in use, it will be assumed that the customer has renewed the service. The customer will be invoiced or debited for renewal, and may incur additional charges.
7.1 All notices will be in writing and will be sent by hand delivery mail, facsimile, electronic mail or the Netro World Wide Web site.
Alteration of Terms
8.1 The Provider reserves the right to change any or all of these terms and conditions. Any changes will be made available on the Netro World Wide Web site.
8.2 All amendments to the terms and conditions are effective to all customers within fourteen days of posting on the Netro World Wide Web site.
9.1 The laws in force in the State of New South Wales govern this agreement.