Definitions

"CCI" means Central Coast Internet Pty Ltd. (ACN 073 222 536)
"Service" means dial-up access to the world-wide computer network known as the Internet including information services, computer resources, disk storage and computer communication resources.
"Customer" means the person or persons entering this agreement to purchase the Service.

Agreement

This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Service.

Provision of Service

CCI shall provide Customer with the Service. The Service shall be generally available 24 hours a day, seven days a week except for service maintenance times or other unforseen events. Unlimited time plan customers may be disconnected if other customers are waiting to connect. They may reconnect again after five minutes. CCI will provide Customer with a Login ID code, password, telephone number and other log-in information that is required to enable connection to the Service. CCI makes no warranties in relation to the service (including warranties as to performance or fitness for a purpose or otherwise); and excludes all liability in tort (including negligence), contract, statute or otherwise for any loss, damage, cost or expense (including loss of profits or anticipated savings, economic loss or any special, indirect or consequential damage), incurred by the Customer or a third party in connection with any act or omission by CCI under or in relation to this Agreement. Where the service is provided via wireless microwave, the service may be effected by the terrain, weather conditions, foliage, electronic interference eg microwave ovens, Bluetooth connected devices, other wireless LAN equipment or any other electronic devices. As the service operates in the unlicensed ISM band, there is no legal protection against this interference with the exception that it is illegal to provide Internet access without a Telecommunications Licence. Hence CCI cannot guarantee the acceptability or continuity of the service.

Charges

The charges for using the Service are detailed in this Agreement. CCI retains the right to alter these charges from time to time and Customer shall be given one month's written notice, or at the end of the contract period, by letter, facsimile or electronic mail, of any such alterations. Charges may vary in accordance with the amount of data transferred or alternative traffic may be limited to levels acceptable to Central Coast Internet Pty Ltd.

Customer agrees to pay the charges via credit card which shall be debited automatically with the registration fee, any hardware and the first months connection fee, with subsequent monthly connection fees at the beginning of each charge period and usage fees at the end of each charge period. Should this credit card number expire or should CCI otherwise be unable to debit valid charges to this credit card number, CCI may immediately and without notice withdraw Customer's access to the Service. Any penalty charges incurred, as a result of CCI processing an expired credit card shall be borne by the customer. If requested by the Customer CCI will send a Tax Invoice for the charges via email at no charge. A charge will be made for printed and posted invoices.

Customer Responsibilities

The Customer agrees to provide telephone line, modem, computer and software as is necessary to access the Service. The Customer agrees not to assign or otherwise transfer this Agreement or Customer's rights under it, delegate Customer's obligations or resell the Service..

The Customer is responsible for the selection and use of security features, non disclosure of personal log-in information and back up of any information. Customer is responsible for all use of the Service accessed through Customer's password. Disclosure or loss of log-in information that incur charges or Service misuse is Customer's responsibility and should be reported to CCI as soon as possible.

The use of the Service is at Customer's sole risk and is entirely Customer's responsibility. CCI does not monitor or control the content and information accessed via the Service and CCI shall not be held responsible in any way for any content or information accessed via the Service.

The Customer will not use the Service so as to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of 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 and Usenet news postings.

The Customer agrees to refrain from mass posting of messages to inappropriate Usenet newsgroups. The Customer agrees to refrain from mass, unsolicited e-mailings. The Customer agrees to post advertisements only where appropriate, and in venues that specifically encourage or allow advertising. The Customer agrees to respect the conventions of the newsgroups, lists and networks to which the customer is posting, including rules more restrictive than, but not limited to, the above.

The Service cannot be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including any activities prohibited under the Australian Commonwealth Government Telecommunications Act 1989, or under other applicable Australian State and Commonwealth laws; and / or any unauthorised use of copyright material.

Certain Internet content may contain material which the Customer may find inappropriate, offensive, inflammatory, or adult in nature. CCI does not endorse such materials and disclaims any and all liability for their contents.

The Customer hereby indemnifies CCI in respect to any loss or damage action claim suit or proceeding against CCI by any person arising out of the use of the Service by the Customer including but not limited to the transmission of any illegal and / or fraudulent material.

Customer Indemnity

The Customer indemnifies CCI against any cost, expense, liability loss or damage (including third party claims) arising out of: The use or attempted use by any person, including the Customer, of the Service. The reproduction, broadcast, use, transmission, communication or making available of any material (including data and information of any sort) by the Customer, using the Service. Any alleged breach of a person’s rights or defamation of a person involving use of the Service; or any breach of any warranty or other clause of this Agreement by the Customer. The Customer’s liability to CCI under the above indemnities is reduced to the extent that CCI’s loss, damage, liability or expense arises from, or is attributable to, any negligent act or omission or wilful misconduct on the part of CCI, CCI's officers, employees, contractors and agents. If the Customer breaches this Agreement it is liable to CCI for its costs (including all legal costs) in exercising its rights in relation to the breach.

Termination

This Agreement shall remain in place until it is terminated by either Customer or CCI by giving one month's written notice after the expiration of minimum contract period applicable to some plans. CCI reserves the right to terminate the Service without notice if the Customer misuses or abuses the Service or where the Customer's network or equipment is being used or is suspected of being used by a third party for spamming, hacking, denial of service or any other action that is or may be detrimental to the Service or the network. What constitutes misuse or abuse of the Service is determined by CCI.

Notices

All notices to be served on either party be the other shall be in writing and shall be sent by hand delivery, post or facsimile, or electronic mail to the parties hereto at their respective addresses as specified on the Agreement form.

Help and Support

CCI will provide help and support during normal business hours. Any support which requires more than configuration changes, eg removing viruses or the reinstallation of operating systems, will be charged at hourly rates. All support will be provided by CCI. If the customer directly contacts Telstra or other support organisation, where CCI incurs a charge as a result, these charges will be billed to the Customer at cost plus 10%.

Our Services include free technical support services in the commissioning of the Service(s). Once you have successfully connected to the Internet through us and/or gained the additional service(s) you have purchased from us, we have fulfilled our "free" support obligations to you. Additional support may be provided, but it would be at an additional cost to you in the event that the reported problem is due to faults in your software or hardware and is subject to fair and reasonable use. We cannot provide free support for faults that are outside our system.

Miscellaneous

If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of this agreement. The remaining terms and conditions remain in full force and effect.

Governing Law

This Agreement shall be governed by the laws in force in the State of NSW and each party hereto submits to the exclusive jurisdiction of the Courts of that State. Jan 2004

This is CCI’s Reasonable Use Policy. It applies to you if you are a CCI subscriber or user ("you"). It is intended to ensure that your use of CCI’s service is trouble free and that you have due regard to the law and the needs of other users.

Please read it carefully. It is a condition of your use of our service that you comply with the terms of this Policy.

From time to time we will make amendments to it by giving you notice of the change and you will then be obliged to comply with the policy as amended.

1. General Principles

1.1 CCI is not responsible for the content of user originated traffic
We exercise no direct supervision or control whatsoever over the content of the information passing through our network. We do not assume any responsibility for information not sent or authorised by us. The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic.
1.2 You are responsible for use of your account
If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.
1.3 You are responsible for complying with conditions of use of other networks
If we provide you with access to a network outside our service you must comply with any acceptable use conditions which apply to that network.

2. Reasonable uses

2.1 You have responsibilities
It is your responsibility to:
use our service and services in a manner which does not violate any applicable laws or regulations;
respect the conventions of the newsgroups, lists and networks that you use;
respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;
respect the privacy of others;
use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.
2.2 Use must be ethical
Your use of our services should be ethical and in accordance with accepted community standards.

3. Unreasonable uses

3.1 You must comply with the Law
It is not acceptable to use our service for any purpose, which violates local, State, Federal or international laws.
3.2 Specific kinds of use are not allowed
It is not acceptable to use our service to, amongst other things:
violate copyright or other intellectual property rights;
illegally store, use or distribute software;
transmit threatening, obscene or offensive materials;
engage in electronic "stalking" or other forms of harassment such as using abusive or
aggressive language;
misrepresent or defame others;
commit fraud;
gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
damage, modify or destroy the files, data, passwords, devices or resources of CCI, other users or third parties;
engage in misleading or deceptive on-line marketing practices;
conduct any business or activity or solicit the performance of any activity that is prohibited by law;
make an unauthorised transmission of confidential information or material protected by trade secrets; or
attempt to do any of these things.
3.3 Disruption of the network is not allowed
You may not use the service to interfere with or disrupt other network users, services or equipment. In particular, for example, you must not:
distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists ("spamming");
send unsolicited commercial messages;
propagate computer worms, viruses and other types of malicious programs;
make transmissions of any type or
quantity which adversely affect our operation or jeopardise the use of our service, or its
performance for other subscribers; and
harass or impersonate CCI or other users.
3.4 Soliciting subscribers to other services is not allowed
It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive information services.
3.5 Resale of our services is not allowed
Resale of our services to others is strictly forbidden under all circumstances.

4. What we may do to ensure that this Policy is being followed

4.1 We may monitor your account but will respect your privacy
If we have cause, we may monitor the conduct of your account to determine whether this policy is being followed. If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offense or inhibit the enforcement of this policy.
4.2 We will make an effort to contact you
If we become concerned that your use of our service may break the law or that you have not complied with this policy we will attempt to contact you before taking action.
4.3 We may terminate your account and/or notify the authorities
If we believe that your use of the service may break the law or that you have not
complied with this policy we may:
warn you by email;
suspend your access to the service;
terminate your account without notice; and/or
notify and provide relevant information to the authorities, as appears appropriate in the
circumstances.
4.4 In the event of taking action under 4.3 we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.
4.5 We will reestablish services if resolution is achieved If you do not repeatedly breach this policy, we do not regard an instance of conduct causing our intervention as dangerous or serious and the cause of our intervention is addressed and resolved, we will promptly reestablish your service.