All Users of the cbi.net.au network accept that they have read and agree to the Terms and Conditions provided herein. A copy of this article is provided on the rear of the cbi.net.au account application form, but the most current edition can always be found here
Last Updated October 2008
1.0 Definitions
1.1 The “Provider” is cbi.net.au, a division of Computer Bits - Leading
Edge Computers, Mount Gambier .
1.2 The “Account” means the customers right to use the Service.
1.3 The “Service” means interactive dial-up/broadband access to the Internet
including computer resources & communications facilities.
1.4 The “Commencement of Service date” means, the date on which
the account is initialised.
2.0 Provision of the Services
2 .1 The use of the Service is at the Customer’s sole risk.
2.2 The Provider does not nor do any of their information providers,
licensers, employees or agents warrant that the service will be uninterrupted
or error free; nor does the Provider, licensers, employees or agents make
any warranty as to the results obtained from the use of the Service.
2.3 The Service is distributed on an “AS IS” basis without warranties
of any kind, either expressed or implied including but not limited to
warranties of title or implied warranties of merchantability or fitness
for a particular purpose or use with respect to the service or information.
3.0 Limitation of Liability
3.1 Any liability of the Producer is limited to the resupply of
the relevant Services.
3.2 Neither the provider nor anyone else involved in creating,
producing or delivering the service shall be liable for any direct, indirect,
incidental, special or consequential damages arising out of use of the
Service or inability to use the Service or out of any breach of any warranty.
3.3 The Provider will not be liable for any additional telecommunications
costs arising from the use of the Service
3.4 The provisions of this Clause will survive any termination
of this Agreement.
4.0 Indemnity
4.1 The Customer hereby indemnifies and shall keep indemnified
the Provider in respect to any loss or damage action claim suit or proceeding
against the Provider by any person in respect to the use of the Customers
user account including but not limited to the transmission of any illegal,
defamatory and/or fraudulent material which the Customer transmits or
causes to be transmitted using the Provider’s Service.
4.2 The Services shall not be used by any individual or group of
persons for any activity of an illegal or fraudulent nature, including
activities prohibited under the Telecommunications Act 1991 (Cth) or under
other applicable Australian State and Commonwealth laws; and/or (b) any
unauthorised use of copyright material.
4.3 The Customer shall acknowledge that the Provider exercises
no control over any content passing through the Service, and shall indemnify
the Provider for any action related to the content passing through the
Service, or for any information hosted by the Customer in their personal
directories and/or web pages.
5.0 Payment for Services
5.1 Prepaid plans (block hours) can be paid for with either cash,
cheque or credit card. Subscription plans (monthly rates) must be paid
for with a credit card. Invoices and receipts are only available online
at the cbi.net.au members page.
5.2 The price of the Services 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 Additional usage and data on the subscription plans is charged
at the specified rates to the nominated credit card. This process will
continue until the Customer notifies the Provider otherwise. If these charges are not accepted on the nominated
credit card, service to the Customer will be suspended immediately.
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 If the Customer's account is inactive for more than two months it will
be removed from the service. A reconnection fee will apply to reactivate
the account.
6.0 Termination
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 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.
6.4 The Customer may terminate the Service by notifying the Provider
of their intent to terminate. The service will then terminate at the end
of the current billing period. The Customer shall remain liable for any
outstanding fees.
6.5 If the customer continues to use the service beyond the period
of the subscription, the customer shall be assumed to have renewed their
service and shall be liable for any additional costs, unless notification
has been received in writing.
7.0 Notices
7.1 All notices and other communications provided for here under
will be in writing and must be sent by hand delivery mail, facsimile,
electronic mail, or the cbi.net.au Internet world wide web page.
8.0 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 cbi.net.au
Internet world wide web pages. All amendments to the terms and conditions
are effective to all customers within seven days of posting on cbi.net.au’s
Internet world wide web page.
By your continued use of the cbi.net.au service,
You
acknowledge and accept the terms & conditions as presented here.