Terms & Conditions: Dial-Up Access Print

1. Definitions


Following is a list of the definitions of specific words/names as mentioned in these "terms and conditions":

"Virtual Access" and "VA" means Virtual Access, a division of Virtual Computers Pty. Ltd. (A.C.N. 069 501 435). References in this document to VA shall also refer to Virtual Computers Pty Ltd
"Service" means interactive dial up access to the Internet including computer resources, disk storage and computer communications facilities provided by VA or it's suppliers.
"Client" refers to the person or company whose name appears on the account application form.


2. The Service


The service is provided and intended for the direct use of the client only. It is neither transferable nor resaleable. VA reserves the right to immediately terminate any services which are found to have been resold to third parties without consent, and to charge three times the standard rates for such services for the period that they are found to have been re-sold.


3. Term


The agreement becomes effective at the time that the application for service is approved and the appropriate access account is created. The agreement remains valid until the client requests termination or VA terminates the service. The client may terminate the service at any time in writing. VA may only terminate the service after Thirty (30) days written notice has been given, except if, in the opinion of VA, the client misuses or abuses the service, breaches this contract, or fails to pay any account by it's due date for payment.


4. Acceptable Use Policy


The client acknowledges complete responsibility for all data transmitted using their service, and for all data which is later retransmitted as e-mail at their request, or from their allocated world-wide-web server space.


The client agrees not to use the service to transmit information that may be considered to be:


Confidential or proprietary - Except where the client is the owner of the material, or has received written permission from the owner of the material.
Defamatory, libellous, slanderous, obscene, pornographic or profane
Illegal, or potentially illegal, either criminally or civilly
Potentially endangering the life or health of other persons


The client agrees not to use the service to transmit any unsolicited materials via e-mail or newsgroups ("spam", "UCE", etc). Particularly, the use of unsolicited e-mail for commercial purposes is strictly forbidden.


The client agrees not to use the service to harass, malign, "flame" or interfere with the rights of others.


The client agrees not to use their service to initiate any kind of Denial Of Service (DOS) attack against any computer, company or individual, or to attempt unauthorised access to any computer facility. Any client who causes a DOS attack to be initiated against or transmitted via VA equipment shall be liable for the cost, both direct and indirect, of such attack to VA. Such behaviour is also grounds for immediate termination of service.


The client agrees not to perform any action that may bring VA into disrepute among the Internet community.


The client agrees to act at all times within the relevant laws of Australia and other countries as applicable in respect of their use of VA services.


VA reserves the right to recover from the client any costs incurred for damages, repairs, maintenance, or loss of business caused by the client's actions or subsequent associated events.


5. Indemnity & Limitation of Liability


The client agrees to indemnify VA and Virtual Computers Pty Ltd against any claim arising from the client's use of service, or the contents of the client's VA server storage space.


Any liability of VA is limited to the provision of Internet dial-in access and the associated costs. Provision of a telephone service at the client's premises and payment for that service remain the sole responsibility of the client.


VA takes no responsibility for materials transferred to the client's computer using the service. Specifically, no responsibility is taken for damage to client computers caused by viruses or Internet based applications.


The client is responsible for the security of the client's account and password information. The client shall notify VA immediately if the security of any password has been compromised. Until such notice is served the client remains responsible for all charges incurred on the client's account.


The client acknowledges that the service is not fault free, and that access difficulties and service interruptions may occur from time to time. No warranty is or shall be issued regarding the suitability of the service for any purpose. VA endeavours to maintain a service which remains available at all times but accepts no responsibility for any claim for loss or damages as a result of a service interruption, however caused.


6. Allocation of VA server resources


Upon creation of each e-mail address, VA shall allocate up to 10Mb of VA server storage space for client use. This allocation shall be shared between incoming e-mail messages and customer World Wide Web pages. Additional space shall be made available upon request and will incur additional charges.


Where a client has exceeded their maximum allocated space, VA reserves the right to remove sufficient data stored in an account to return said account to a state within it's allowed allocation. Removal of excess data shall only occur after a 7-day grace period.


E-mail accounts created for use by a VA dial-up account holder shall only be accessible via VA services unless otherwise arranged.


The client is permitted to post their own World Wide Web pages for access by the Internet community. Where a client receives more than 5000 requests for World Wide Web information in a calendar month, additional charges may apply.


7. Proxy Server


VA reserves the right to require that HTTP and other requests from client be directed to an appropriate proxy server for processing, or to automatically redirect requests via the proxy service on the client's behalf ("transparent proxying").


8. Fees and Payments


VA may vary the schedule of fees upon thirty (30) days notice.


Ownership of any goods/products provided by VA does not pass to the client until VA receives payment in full, and any cheques are passed for payment by the client's bank.


The customer acknowledges that failure to remit payment for any account by the due date may result in suspension or cancellation of service. Such suspension or cancellation shall not restrict the right of VA with regard to collection of outstanding amounts. Continuation of a suspended or cancelled service after account settlement shall be at VA's discretion, and may involve payment of a reconnection fee and/or payment for future service in advance.


VA reserves the right to charge a monthly accounting fee on overdue accounts and to recover additional costs involved in debt collection and/or legal action taken to recover outstanding monies. VA also reserves the right to charge a processing fee where a client cheque is dishonoured when presented for payment, or when a scheduled credit card payment is declined for processing.


The customer acknowledges full responsibility for their Internet usage, and agrees to pay for same at the appropriate rates as published by VA. The customer also acknowledges that their current account balance may be displayed to them at any time via the VA web site (http://www.virtual.net.au/).


8.1 Block Time Internet Access


Where a client elects to pay for Internet access time in advance, the client agrees that any monies paid are on a non-refundable basis. Pre-paid block time time may be transferred to another VA client at VA's discretion, upon receipt of a written request.


Payment in advance for Internet access cannot be treated as cash, and cannot be used for payment of other fees and charges for other services received at a later date.


8.2 14-day Trial Period


New accounts are subject to a 14-day trial period. If the client wishes to terminate service within 14 days of connection, VA will refund:


Block Time Plan: Connection fee plus unused pre-paid access at the relevant hourly rate
Monthly Plans: All monies paid, less half of one month's service fee


Customers must request cancellation in writing, stating a reason for their dissatisfaction with the service to be eligible for refund under this clause.


9. Service of Notices


If and/or when a notice is served by either party to the other, it may be directed to the other party by post, fax, e-mail, or in person.


10. Amendment


VA reserves the right to amend these terms and conditions from time to time. Copies of the current terms and conditions are available for viewing via the company web site (http://www.virtual.net.au/), or upon request.