The
following is the Terms and Conditions of our Service. By using our service
you have indicated your compliance with all the conditions of this agreement.
SECTION
1: DEFINITIONS
1.1 “Webshield” refers to our trading name
and our ABN being 57 389 372 988.
1.2 “Application” means the electronic, paper,
voice or other form of application lodged by You.
1.3 “You” means the person named in the Application.
1.4 “Internet Access” means connection to
the Internet using hardware, software and protocols supported by Webshield,
and use of any additional services provided by Webshield.
1.5 “Customer” means any person who has entered
into an Agreement with Webshield for the purpose of provision of Internet
Access.
1.6 “Charges” mean all Charges due to Webshield
for use of the Internet Access, in accordance with this Agreement.
1.7 “Plan Period” means the duration of the
Internet Access plan You have nominated.
1.8 “Material” means information sent or
received through the Internet Access. This includes without limitation
text, graphics, software, sound, video, e-mail, and any other form of
electronic information.
1.9 “Storage Facility” means any facility
provided by Webshield, which allows You to store information, including
but not limited to Your e-mail mailbox and Web space.
1.10 “Equipment” means any hardware or related
goods supplied to You by Webshield for use with the Internet Access.
1.11 This “Agreement” means the Application,
together with these terms and conditions and Your nominated Internet Access
plan, as published on the Webshield web page and as may be varied from
time to time.
1.12 “Implied Term” means a term implied
into this Agreement by consumer protection legislation and which such
legislation prohibits from being excluded, modified or restricted.
Our
objectives are twofold.
1)
Safetynet Service Provide people with unrestricted, filtered access to
the Internet.
For people whose employment or education requires them to have open access
to the Internet, with the assurance that there is minimal chance of accessing
obscene material.
Webshield is not liable for any pornographic material you may access on
this service. It is your responsibility to report any offensive material,
which will be blocked.
2)
Weave your own Web Service Allow our users to eliminate the dangers of
the Internet by restricting access to the Internet save for pre selected
sites of their choice.
For people who don’t need full access to the Internet, who want
to remove entirely the gross threat of obscene Internet content.
SECTION
2: PRICES CHARGES AND BILLING
2.1 You must pay to Webshield:
2.1.1 all Charges for the Internet Access as advised
to You by Webshield within the time specified for payment on the invoice.
2.1.2 any Goods and Services Tax (GST) (or like imposition)
associated with this Agreement.
2.2 Each Plan Period is charged in advance. Any additional
Charges accrued during a given Plan Period are charged subsequent to the
Plan Period.
2.3 Webshield may change the Charges at any time (but
will not change any Charges which have already been incurred). We will
notify all users of any alterations to charge rates by electronic mail
or on our Terms and conditions web page.
2.4 Where You have nominated credit card payments, to
the extent permitted by law You irrevocably authorize Webshield to:
2.4.1 automatically debit the Charges for the first Plan
Period and subsequent Plan Periods against Your credit card.
2.4.2 automatically debit any outstanding Charges against
Your credit card at any time, including after termination or suspension
of the Internet Access; providing notice if required.
2.5 You are responsible for providing and paying for
all communication, connection and usage Charges (including without limitation
telephone charges, line charges, ISDN charges and other charges involved
in the connection between Your premises and the point of presence used
for the Internet Access), modems, hardware, software, and other devices
(other than the Equipment) necessary for use of the Internet Access.
2.7 Download volume calculations include all Material
transferred to Your computer through the Internet Access.
2.8 Upload volume calculations include all Material transferred
from Your computer through the Internet Access.
2.9 Any disputed charges will be negotiated in writing.
2.10 Where You dispute the Charges, You must notify Webshield
immediately after receiving Your bill or credit card statement.
2.11 You are responsible for all costs associated with
Material or other products and services obtained from third parties through
the Internet Access.
2.12 Where Your account is overdue, Webshield may temporarily
suspend all services to your account.
2.13 Termination of Your Internet Access before the end
of Your Plan Period may incur an administration fee.
SECTION
3: TERMINATION AND SUSPENSION OF ACCOUNTS
3.1 Webshield may, at its discretion, immediately suspend
or terminate the Internet Access after providing notice via electronic
mail in the following circumstances.
3.1.1 during any investigation of alleged Defined Abuse;
3.1.2 where You fail to pay the Charges;
3.1.4 in an emergency or to safeguard the provision of
services to any Customer;
3.1.5 if You breach this Agreement;
3.1.6 where You have provided any misleading, false or
incomplete information to Webshield;
3.1.7 where Your nominated payment method is refused
or dishonored by Your nominated financial institution;
3.1.8 where You fail to notify Webshield of a relevant
change to Your personal details.
3.2 Webshield is not required to issue You a refund if
the account is suspended or terminated for any of the reasons in clause
3.1, except as required by law.
3.3 Your Internet Access will continue until the Internet
Access is terminated in accordance with this Agreement.
3.4 You may terminate or suspend the Internet Access
at any time by giving verbal, electronic or written notice to Webshield.
The termination or suspension will take effect at the end of Your current
Plan Period. You will be issued a credit or refund for any unused Internet
Access, you will not be refunded for monthly fee’s associated with
your account.
3.5 Webshield may terminate the Internet Access without
cause by giving 24 hours written notice to You. You may apply for a pro-rata
refund for any Charges already paid by You. Webshield may levy a reasonable
fee for any costs incurred as a result of the early termination.
3.6 Webshield may delete any Storage Facilities used
by You on termination or suspension of this Agreement.
SECTION
4: USE OF THE SERVICE
4.1 Webshield will provide You with a unique username
and password, which You agree not to disclose to any third party.
4.2 You are not authorized to use the Internet Access
unless Your Application has been accepted by Webshield.
4.3 To supplement the service we offer, You will be expected
to still supervise any minors who use the Internet Access. You understand
that Material obtainable through the Internet Access may not be suitable
for minors.
4.4 You must not modify Your username. Webshield may
modify Your username at its discretion.
4.5 You must not maintain or permit multiple concurrent
connections to the Internet Access.
4.7 You must not resell the Internet Access.
4.8 You are responsible for maintenance and care of equipment
You use to connect to the Internet Access, including backup of all information
(including without limitation software and data).
4.9 Webshield may disconnect You from the Internet Access
after five hours connection or 20 minutes of idle time. You can immediately
reconnect after the disconnection.
4.10 Where Your use of any Storage Facilities exceeds
specified limits, Webshield may remove any of the stored information after
notice has been given via electronic mail. This includes, without limitation,
information in Your e-mail mailbox and Your personal Web space.
4.11 Webshield may delete e-mail sent to or from You
where:
4.11.1 individual messages are greater than a specified
limit;
4.11.2 messages remain on Webshield servers for more
than 90 days.
4.12 You must not connect a sub-network to the Internet
Access, unless Webshield expressly allows otherwise in writing, including
without limitation hosting of FTP, SMTP, HTTP and Proxy Services.
4.13 You must not engage in Defined Abuse.
SECTION
5: ACCOUNT SECURITY & ABUSE
5.1 You are responsible for ensuring the security of
Your account by:
5.1.1 exercising due care when choosing passwords;
5.1.2 choosing passwords which contain both letters and
numbers;
5.1.3 never recording Your password on Your computer,
and safely storing Your password;
5.1.4 ensuring that Your computer system is up to date
and secure;
5.1.5 maintaining current anti-virus, firewall and other
appropriate security measures;
5.1.6 exercising due care when using and retrieving Material
through the Internet Access.
5.2 You are entirely responsible for all use of the Internet
Access by any person using Your username and password.
5.3 “Defined Abuse” means misuse of the Internet
Access by:
5.3.1 intentionally providing false information to Webshield;
5.3.2 using or distributing a Customer's username and
password;
5.3.3 engaging in the practice known as 'spamming';
5.3.4 using the Internet Access in an unlawful manner;
5.3.5 using the Internet Access to menace or harass others;
5.3.6 unauthorized or fraudulent usage of the Internet
Access;
5.3.7 the use or distribution of components designed
to compromise system security. This includes credit card generators, password
guessers, crackers, packet sniffers, network probes, and other such components;
5.3.8 deliberate or reckless disruption of Webshield'
services or disruption of a Customer’s Internet Access. This includes
damage to Internet connected resources, Denial of Service attacks, hacking,
distributing computer viruses and e-mail bombardment.
5.3.9 providing illegal, indecent, pornographic, fraudulent,
threatening, damaging or misleading material, or information about how
to obtain such material through Your personal Web space or any other means
5.3.10 engaging in unauthorized activities in relation
to other peoples’ intellectual property; or
5.3.11 any other manner reasonably determined by Webshield.
5.4 Webshield may take reasonable steps to investigate
an allegation of Defined Abuse.
5.5 Where You are found to have engaged in Defined Abuse
(without prejudice to Webshield’ other rights):
5.5.1 Webshield may provide Your particulars to any third
party affected by Your conduct;
5.5.2 Webshield may charge You for time spent investigating
the Defined Abuse;
5.5.4 any Storage Facility You utilized may be removed
without notice;
5.5.5 Webshield may immediately terminate this Agreement
without notice.
SECTION
6: GENERAL
6.1 You may use the Internet Access only for personal,
non–commercial purposes, unless expressly permitted otherwise in
writing.
6.2 You warrant that You are an individual, are over
18 years of age and are authorized to enter into this Agreement.
6.3 Use of the Internet Access constitutes unconditional
acceptance of this Agreement by You.
6.4 Webshield may vary this Agreement at any time. It
is Your responsibility to make sure that You are aware of these changes,
as notified to You or as published on the Webshield web page. Continued
use of the Internet Access constitutes acceptance by You of any changes.
6.5 Failure by Webshield to act immediately on any right
under this Agreement does not waive any such right.
6.6 You warrant that all information You provide to Webshield
is true and correct. You must notify Webshield immediately should any
relevant details change.
6.7 Unless agreed otherwise by Webshield, You are the
only person authorized to request account information, make account changes,
or receive customer service or support.
6.8 Bonus Hours are additional hours Internet Access
provided only to new Customers on selected plans. Bonus Hours must be
used within the period specified, and are not redeemable or refundable.
6.9 For the duration of this Agreement, You shall provide
Webshield, free of charge, with all assistance, information, access, facilities
and services reasonably required by Webshield to enable it effectively
to exercise its rights or perform its obligations under this Agreement.
6.11 If any provision of this Agreement is void, unenforceable,
invalid or illegal, that provision shall be deemed deleted and the remainder
of this Agreement shall remain in full force and effect.
SECTION
7: GOVERNING LAW AND JURISDICTION
7.1 The laws of South Australia govern this Agreement.
Each party submits to the jurisdiction of the South Australian Courts
and Tribunals.
7.2 This Agreement contains the entire understanding
between You and Webshield. No other written or verbal correspondence affects
the meaning or interpretation of this document.
7.3 Where software is supplied to You by Webshield, You
agree to abide by any associated copyright and licensing restrictions
including but not limited to, the number of computers the software is
installed on, sublicensing the software and assignment of Your rights
and obligations to the software.
SECTION
8: LIABILITY
8.1 The liability of Webshield in respect of a breach
of an Implied Term relating to the supply of any goods or services is
to the full extent permitted by law limited to, at Webshield’ option:
8.1.1 in the case of goods, any one or more of the following:
the replacement of the goods or the supply of equivalent goods; the repair
of the goods; the payment of the cost of replacing the goods or of acquiring
equivalent goods; and the payment of the cost of having the goods repaired;
and
8.1.2 in the case of services: the supply of the services
again; or the payment of the cost of having the services supplied again.
8.2 Subject to any law to the contrary and clause 8.1:
8.2.1 You agree that Webshield’ liability in relation
to any claim, loss or damage and any associated costs whether arising
under or in relation to this Agreement, any tortious act or omission (including
without limitation negligence) or under common law or statute, is excluded;
8.2.2 the parties exclude any term, condition, warranty
or representation which is not expressed in this Agreement (other than
an Implied Term); and
8.2.3 Webshield is not liable to You or any other person
for any loss or damage (including but not limited to any loss of profits,
business or anticipated savings or any other form of indirect or consequential
loss), either in negligence, other tort, breach of contract, breach of
warranty or for any other reason or cause whatsoever, in relation to this
Agreement.
8.3 Subject to this Agreement and any law to the contrary,
You: (a) acknowledge and agree that all relevant products and services
supplied to You are not suitable for (and are not supplied for the purpose
of) supporting any application which needs continuous or fault free service;
(b) are responsible for making Your own assessment of whether You need
continuous and fault free services and obtaining and implementing advice
about alternative services suitable for such purposes; and (c) release
Webshield and its related bodies corporate and their respective officers,
employees, contractors and agents (the “Released Persons”)
from all claims arising out of or in connection with all products and
services.
8.4 You indemnify Webshield and its related bodies corporate
and their respective officers, employees, contractors and agents (collectively
the “Indemnified Parties”) from any loss, injury, damage,
liability, costs or expenses whatsoever suffered or incurred by the Indemnified
Parties arising from or in connection with:
8.4.1 any breach of, or failure to comply with, the terms
of this Agreement by You;
8.4.2 any damage to the Indemnified Party’s network
or other damage to property or persons caused by You or any person using
the Internet Access (a “Permitted User”);
8.4.3 the use of the Internet Access by You or a Permitted
User;
8.4.4 the reproduction, broadcast, use, transmission,
communication or making available of any Material by You or a Permitted
User, using the Internet Access;
8.4.5 any alleged breach of a person’s rights (including,
but not limited to, defamation and intellectual property rights) through
use of the Internet Access by You or a Permitted User; and
8.4.6 any equipment or a facility owned or controlled
by You which causes a fault in, or interferes with, the operation of any
system or network owned or operated by Webshield.
8.5 All information, advice or software is provided to
You on an ”as is” basis. Webshield is not responsible for
any losses resulting in its provision or use.
8.6 If Your activities (in Webshield’ judgment)
unreasonably restrict, inhibit, or degrade any other Customer’s
use of the Services, or represent an unusually large burden on Webshield’
staff or the Webshield network, Webshield may terminate or suspend this
Agreement.
8.7 You must ensure that Your software, computer and
communications equipment is compatible with Webshield’ systems.
8.8 Webshield shall not be liable for the consequences
of an occurrence of any event beyond its reasonable control and such event
shall not amount to a breach of this Agreement.
8.9 Webshield will endeavour to make the Internet Access
available 24 hours a day 7 days a week. Webshield does not warrant that
the service will be uninterrupted or error free.
8.10 You use the Internet Access at Your own risk. You
agree that Webshield is neither responsible nor liable for any Material
obtained through the Internet Access. You agree to abide by all applicable
laws relating to use of the Internet Access.
8.11 Where Your use of the Internet Access utilises services
provided by third parties, You acknowledge and agree the third parties
are not liable to You nor are they required to pay You any loss, costs
or damages resulting from their actions.
SECTION
10: PRE-PAID INTERNET ACCESS KIT PRODUCT
10.1 Webshield is not liable for loss or theft of the
Internet Access Card.
10.2 You may renew Your Webshield pre-paid account by
purchasing and activating a new Internet Access Card.
10.3 Webshield may terminate this Agreement if You do
not connect to the Internet Access for a period of three months.
10.4 Your Internet Access expires either when the specified
limit on Your Internet Access Card is reached, or 24 months from the date
of manufacture whichever comes first.
10.5 Pre-paid Internet Access accounts cannot be converted
to standard dial-up accounts.
10.6 Pre-paid Internet Access accounts cannot be used
to credit standard dial-up accounts.
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