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.
2.6 Download volume calculations
include all Material transferred to Your computer
through the Internet Access.
2.7 Upload volume calculations
include all Material transferred from Your computer
through the Internet Access.
2.8 Any disputed charges will
be negotiated in writing.
2.9 Where You dispute the Charges,
You must notify Webshield immediately after
receiving Your bill or credit card statement.
2.10 You are responsible for
all costs associated with Material or other
products and services obtained from third parties
through the Internet Access.
2.11 Where Your account is
overdue, Webshield may temporarily suspend all
services to your account.
2.12 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;
3.1.3 in an emergency or to
safeguard the provision of services to any Customer;
3.1.4 if You breach this Agreement;
3.1.5 where You have provided
any misleading, false or incomplete information
to Webshield;
3.1.6 where Your nominated
payment method is refused or dishonored by Your
nominated financial institution;
3.1.7 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;
5.5.3 any Storage Facility
You utilized may be removed without notice;
5.5.4 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.
6.10 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.