SHOALNET/FASTRAC INTERNET SERVICES
USER TERMS AND CONDITIONS FOR SHOALNET / FASTRAC INTERNET SERVICES
1. Interpretation. The "Service" means interactive access to the Internet including but not limited to computer resources, software, data storage and computer communications facilities. The "Customer / User" means any person identified as such on the Application for Registration. This document sets out the terms and conditions governing the provision of the Service in full and the customer shall not be entitled to rely on any other written or verbal representations or understandings regarding the use of the Service.
2. Use of the Service. Use of the Service is defined as:
- The User shall follow any reasonable instructions by Shoalnet / Fastrac Internet Services in relation to the Service or any supplied software.
- The User shall access and use the Service solely in accordance with these conditions and any reasonable instructions by Shoalnet / Fastrac Internet Services.
- The User shall not breach, or cause any person to breach, any of the Intellectual Property Rights held by Shoalnet / Fastrac Internet Services or any third party, which exist with the Service or any supplied software (including without limitation, copying, distribution, sale, rental, lease, or adaptation of any supplied software or Service) or any property accessible by the Service, with the exception of making one back-up copy of any Installation Software or transferring of Installation Software to the hard disk drive of one Macintosh and/or an IBM compatible computer.
- The User shall not attempt to decompile, reverse engineer, or modify any Installation Software or Third Party Software.
- The user shall not use the Service so as to cause offence, to defame, abuse, communicate obscenities, menace, or annoy.
- The User shall not use the Service, to commit any illegal activity in any jurisdiction, to breach the security of any computer network (hacking), to breach any persons privacy, or to distribute unsolicited software or junk mail.
- The Customer shall not use the Service for advertising purposes without the express written consent of Shoalnet / Fastrac Internet Services.
- The User shall not use the Service so as to cause any person damage, or to cause any person to make a claim for damages against Shoalnet / Fastrac Internet Services.
- The User shall not intercept or attempt to intercept any communication not otherwise intended for the User.
3. Provisions of Service. Shoalnet / Fastrac Internet Services shall provide the Service to the customer at such times and in such a manner as Shoalnet / Fastrac Internet Services from time to time decides at Shoalnet / Fastrac Internet Services absolute discretion. Shoalnet / Fastrac Internet Services makes no expressed or implied warranties whatsoever as to the fitness of the Service for a particular purpose or as to any other aspect of the service.
4. Disruption to Service. Shoalnet/Fastrac will not be liable for any disruption in the provision of service and the customer should be aware that:
- stability and connection speeds of the customer's access depends on a large range of conditions many of which are beyond the control of Shoalnet/Fastrac.
- Shoalnet/Fastrac has no control over the accuracy/appropriateness of information on the internet.
- Shoalnet/Fastrac is not responsible for any software downloaded from the internet.
- Shoalnet/Fastrac cannot guarantee that the customer connection will be free of viruses, worms, trojan horses or any other harmful material.
5. Service Charges. The customer should be aware that:
- The charges for the use of the Service are published by Shoalnet / Fastrac Internet Services from time to time and are subject to change at any time at Shoalnet / Fastrac Internet Services absolute discretion.
- The Customer shall not be entitled to a refund in respect of any registration fee, access fee or other fee (including a prepaid fee) charged by Shoalnet / Fastrac Internet Services in respect of the Service.
- All unpaid fees will be referred to a collection agency. Any charges incurred in the collection of unpaid debts will be added to the debt for payment by the debtor.
6. Method of Payment:
- All payments must be made in Australian Dollars.
- All credit card payments must be with a designated credit card, which is approved by Shoalnet / Fastrac Internet Services and properly authorised by the designated credit card issuer and/or the bank at the appropriate date.
- In the event of dishonored cheques, all bank charges and fees will be charged back to you and services may be suspended until fees and charges are paid.
- You must notify Shoalnet / Fastrac Internet Services immediately:
(1) Of any change to the details of your designated credit card;
(2) If the designated credit card has been lost, stolen, or cancelled
(3) If the designated credit card has expired, exceeded its limit, or is no longer valid; or
(4) If there has been a breach of security of the designated credit card details.
(5) All payments by cheque or money order must be cleared prior to your subscription, renewal, or selection of a plan processed.
7. Minors. The User warrants that he or she is at least 18 years of age. The User acknowledges that there are some areas of the Internet, which are unsuitable for minors. The User shall be responsible for use of the Service by a minor authorised by, or the responsibility of, the User, and the charges arising from any such use.
8. Domain Names and Addresses. Shoalnet / Fastrac Internet Services may allocate the User a domain name, or change the Users existing domain name to a domain name, of Shoalnet / Fastrac Internet Services choice. The User has no Intellectual Property Rights in the domain name, email address, User ID, or password, allocated by Shoalnet / Fastrac Internet Services, and these are not transferable to the User once the Service is terminated
9. Consequences of Misuse. If, in the opinion of Shoalnet / Fastrac Internet Services, the Service is being used by anyone in breach of these conditions or Internet etiquette, Shoalnet / Fastrac Internet Services may:
- refuse to post such infringing information to public areas, including but not limited to bulletin boards, databases or software libraries;
- remove, review or edit, such infringing information from any computer on the Service, with the exception of private electronic messages; or
- discontinue any infringing communication.
10. Termination of the Service. Shoalnet / Fastrac Internet Services may terminate the Service immediately without notice if:
- in the opinion of Shoalnet / Fastrac Internet Services the User has misused the Service
- the User fails to pay any sum due to Shoalnet / Fastrac Internet Services by the due date,
- the Users payment is rejected by any credit card issuer or bank,
- the User breaches any of these conditions; or
- the User provides false or misleading information to Shoalnet / Fastrac Internet Services.
Subject to the payment of all outstanding Charges, the User may terminate the Service by giving Shoalnet / Fastrac Internet Services 48 hours notice.
Any account in the + or - hours and not used for 6 months will be removed from the system unless notice is received from the customer.
If an account is left at 0 or - hours without payment and without notification for 3 months then it will be removed from the system.
11. Consequences of Termination. If the Service is terminated for any reason:
- the Users Password will be cancelled and the User will be unable to access the service; and
- the Users Licence to use the Installation Kit is terminated and the User must destroy the Installation Software and all copies of it.
12. Exclusion of Liability. Shoalnet / Fastrac Internet Services shall not
have any liability whatsoever in contract, tort or otherwise to any party
in respect of any loss or damage (including, but not limited to, direct or
consequential loss, financial loss or loss of other contract) differed in
connection with the provision if the Service or any inaccuracy or error in
or omission from any part of the Service. The customer shall indemnify
Shoalnet / Fastrac Internet Services and shall keep Shoalnet / Fastrac
Internet Services indemnified in respect of any loss or damage, action,
claim, suit, proceeding or settlement against Shoalnet / Fastrac Internet
Services by any person arising from any aspect of the Service. The
customer shall also be responsible for viewing the Shoalnet Home page on a
regular basis for changes and updates to the service.
13. Service Time. The calculation of your Service Time shall be determined solely by Shoalnet / Fastrac Internet Services. Any itemisation and/or statement signed by the Manager of Shoalnet / Fastrac Internet Services, attesting to the Service Time used by you, shall be conclusive and irrefutable evidence of that Service Time. Unless you notify Shoalnet / Fastrac Internet Services of any discrepancies in your Charges within 30 days of them having been recorded on your designated credit card statement the Charges will be deemed to have been accepted by you. Shoalnet / Fastrac Internet Services agrees to take no less than a reasonable time to process subscriptions and act on any notification by a User:
- The date on which a subscription, renewal or selection of a Plan is processed, shall be reasonably determined by Shoalnet / Fastrac Internet Services
- Shoalnet / Fastrac Internet Services reserves the right to charge amounts outstanding for more than 21 days at the rate of 1.5% per month.
14. Invoices/Receipts Emailed. All Invoices and Receipts will be emailed. Paper copy will be provided upon request but will incur a Charge.
15. Automatic Disconnection. Automatic disconnection after 24 hours on PAYG accounts with activity and 30 mins with non-activity.
16. Terms and Conditions Effective Date . These Terms and conditions apply as posted to all new customers and within 14 days of the amendment date to existing customers.
17. Password Security . Passwords - You must keep confidential the password you use to subscribe to the service. You remain responsible for any use/misuse of the service made using your password.
18. Disclosure of Personal Information. Shoalnet/Fastrac will not disclose or sell your personal information to any third parties without prior consent from you unless legal obligations need to be met.
19. Payments. Payment on all Invoices is due on receipt.
20. Customer Equipment. The customer is responsible for providing and maintaining all equipment/software required to access Shoalnet/Fastrac services.
21. Telephone Service . Shoalnet/Fastrac is not responsible for any charges in relation to telephone service incurred by the customer when dialing into the internet. It is the customers responsibility to ensure that they are dialling into the correct telephone number for their location and that this is a local call cost.
22. Offensive Material. The customer authorises Shoalnet/Fastrac to delete without notice/liability any information or material found on the equipment owned/controlled by Shoalnet/Fastrac that is found to be of an obscene nature, unauthorised, unlawful, uncollected for an excessive period of time or excessive in volume.
23. Excess Mail. Shoalnet/Fastrac reserves the right to remove from the server, mail not claimed within 2 weeks of delivery or exceeding 5 meg. Shoalnet/Fastrac will where practicable, attempt to notify customer before deletion but reserve the right to remove without notification.
24. Technical Support . When calling for technical support, Shoalnet/Fastrac Internet Service requires customers to be in front of their computer and note that as this is a free service, Technical Calls are limited to 15 minutes. Any calls exceeding the time limit or resulting from abuse of customers system may incur a fee.
Macintosh OS 8.6 to OSX
Internet Explorer 5 - 6
Netscape Communicator at least 4.79
PC or Mac that meets minimum requirements for its installed Operating System as listed above
25. Not Supported. Shoalnet/Fastrac does not support 486 or below, 3rd party software, anti virus firewalls, windows 95 or below, Mac users 8.5 or below, messenger programs, Linux, Unix, FTP Software and or updating of Home Pages, Network computers and internet connect sharing, printers, scanners and other hardware devices.
26. Change of Plans. Plans can be changed but must be used for at least 3 months between changes or a Change over Fee will apply.
Tourist Facilities Pty Ltd ACN 001 189 153 T/AS Shoalnet or Fastrac Internet Services
These terms and conditions shall be governed by the laws of the state of New South Wales.
LAST MODIFIED 04/01/06 SHOALNET / FASTRAC INTERNET SERVICES
Click HERE to Download the ADSL Contract - Last Modified 18/07/05
Click HERE to Download the Wireless Broadband (WBB) Contract - Last