Some of
the words used in this Agreement have been given particular
meaning as follows :
Customer
is
the Customer a user of the SIL Internet services .
Volume
means
the total volume of traffic received by the Virtual Web
on which the Customer's Homepage resides.
Price
List
means
the current SIL Price List.
Service
means
SIL’s provision of access to the world-wide computer
network known as the Internet, including information services,
computer resources, disk storage and computer communication
resources.
SIL
means
Shortech International Limited.
SIL
Home Page
is
the World Wide Web site http://www.shortech.com.au
URL
means
Uniform Resource Locator, or web address.
Service
Provision
2. The
services to be provided by SIL under this agreement are shown
in Schedule 1.
3. SIL
will provide the customer with the service. The service will
be generally available 24 hours a day, seven days a week,
except for service maintenance times which SIL gives of notice
to the customer. However, due to the nature of the many components
of the Internet which are outside SIL’s control, SIL
does not warrant that the service will be uninterrupted or
error free.
4. SIL
will provide the customer with a unique Login ID code, password,
telephone number (if dial-up connection is required) and other
log-in information required to enable connection to the service.
The customer must not use the Login ID code and password
for multiple concurrent logins.
5. Certain
Internet content may contain material, which the customer
may find inappropriate, offensive, inflammatory, or adult
in nature. SIL does not endorse that material and disclaims
all liability for its content.
6. All
warranties of any kind are excluded - except non-excludable
warranties implied by Statute. In relation to those implied
warranties, SIL's liability will be limited, at its option,
to the re-supply, or cost of re-supply, of the services.
7. SIL
will not be responsible for any delay or failure to perform
caused by acts beyond its control including but not limited
to acts of God, wars, strikes, natural disasters, failures
of any other carrier and network operator's services and interruptions
to power supply.
Payments
8. The
costs for using the service are detailed in the attached Schedule
1. SIL retains the right to alter the Price List charges from
time to time by giving one month's notice.
9. The
customer agrees to pay the charges specified within 7 days
of being invoiced.
10. Registration
fees, installation fees, consulting fees and any payment of
connection fees are due for payment as they occur and are
not refundable.
11. Any
costs incurred by SIL as a result of any misuse or abuse of
the service will be charged to the customer and added to the
charges otherwise payable.
Customer
Responsibilities
12. The
customer agrees to provide telephone line, modem, hardware
and software as necessary to access the service.
13. The
customer must not assign or transfer its rights, delegate
its obligations, or resell the service without the written
consent of SIL.
14. The
customer is responsible for selecting and using security features,
not disclosing personal log-in information, and backing up
any information.
15. The
customer is responsible for all use of the service through
the customer's Login ID and password. Disclosure or loss of
log-in information must be notified to SIL immediately.
16. The
use of the service is at the customer's sole risk and is entirely
the customer' s responsibility. SIL does not and cannot monitor
or control the content and information transmitted or accessed
via the service. SIL is not responsible for any content or
information transmitted or accessed via the service. The customer
is responsible for protecting their LAN/PC by the use of a
correctly implemented firewall.
17. The
customer must not use the service, or encourage or permit
it to be used, in a way which interferes with or disrupts
network users, services or equipment. This includes distributing
unsolicited advertising, propagation of computer worms and
viruses, using the network to make unauthorised entry to any
other machine accessible via the service, sending harassing
or threatening electronic mail, and forgery (or attempted
forgery) of electronic mail messages or Usenet news postings.
18. The
customer must not engage in mass posting of messages to inappropriate
Usenet newsgroups, or send unsolicited e-mails in mass. The
customer must only post advertisements appropriately, and
in venues that specifically encourage or allow advertising.
What constitutes appropriate Usenet newsgroups or appropriate
venues for advertisements will be determined by SIL in its
sole discretion.
19. The
customer must respect the conventions of the newsgroups, lists
and networks to which customer is posting, including rules
more restrictive than these.
20. The
customer must not use offensive words or parts of words in
network addresses that SIL allows the customer to select.
These addresses include e-mail addresses and customer's Homepage
URLs if provided with the service.
21. The
customer must not publish offensive material on the customer's
Homepage, including blatant expressions of bigotry, racism,
hatred, or profanity; instructional information about illegal
activities, or promoting physical harm or injury to any group
or individual; display material containing nudity or pornographic
material of any kind, or material that exploits images of
children under 18 years of age.
22. The
customer must not use the service, or encourage or permit
it to be used, for any activities of an illegal or fraudulent
nature. This includes, but is not limited to, activities prohibited
under Australian State or Commonwealth laws, (including the
Telecommunications Act 1997), unauthorised use of copyright
material, and publication of defamatory material.
23. The
customer must release and indemnify SIL from and in respect
of any liability, loss, damage or expense suffered by SIL
as a direct or indirect result of the use of the service,
including the transmission of any illegal or fraudulent material.
Termination
24. Either
the customer or SIL may terminate this Agreement by giving
one month's notice to the other party, unless otherwise specified
in Schedule 1.
25. SIL
reserves the right to terminate the service immediately and
without notice:
a. if
the customer misuses or abuses the service; What constitutes
misuse or abuse of the service is to be determined solely
by SIL.
b. if
payment for the service, or any part of the service, is
not made on time.
c. if
there is a significant change in the customer's financial
position including bankruptcy, insolvency, a winding-up
application or the appointment of a receiver.
16. SIL
reserves the right to temporarily suspend the service if it
has reasonable grounds to suspect that the customer has misused
or abused the service. SIL must then investigate the matter
to determine whether there has been an abuse or misuse of
the service, and must promptly notify the customer the outcome
of the investigation.
27. SIL
reserves the right to suspend the service in an emergency
if SIL considers it necessary to do so to safeguard the provision
of services to other customers.
28. SIL
reserves the right to delete the customer' s personal files
and e-mail on termination.
Agreement
29. This
agreement constitutes the full agreement between the customer
and SIL with regard to the supply of the service.
Variations
30. SIL
may from time to time change this Agreement by giving one
month's notice to the customer.
31. The
customer's continued use of the service after notice of change
has been given will constitute the customer's acceptance of
the change.
Notices
33. Any
notice under these Conditions must be in writing and may be
given in any one or more of the following ways:
by either
party by hand delivery, pre-paid post, facsimile, or electronic
mail to the address specified below.
The addresses
of SIL for the serving of notices are:
Hand Delivery
:
Shortech
International Limited
Clunies Ross Centre
Brisbane Technology Park
Miles Platting Road
Eight Mile Plains
QLD 4113
Post :
Shortech
International Limited
Clunies Ross Centre
Brisbane Technology Park
PO Box 4037
Eight Mile Plains
QLD 4113
Facsimile
: 07 3853 5283
E-mail
: sales@shortech.com.au
The addresses
of Customer for the serving of notices are:
Governing
Law
34. This
Agreement is governed by the laws of Queensland, Australia.