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Your access to Maxnet.net.au is subject to these
terms and conditions, notices, disclaimers and any other rules of use
contained on this web site. Your use of, and/or access to Maxnet.net.au
constitutes your agreement to the Terms of Use. Since you are bound by
these Terms of Use, you should review them on a regular basis.
What You must do
and what You authorise us to do.
You must notify Maxnet.net.au immediately of any
change to your personal details.
You are responsible for and must pay the
cost of all telecommunications charges incurred when using
Maxnet.net.au. You are responsible for all equipment and software
necessary to access Maxnet.net.au as well as for the security and
integrity of your data. Your use of Maxnet.net.au is your responsibility
and entirely at your own risk. We do not check the content of
information available from accessing the Internet via Maxnet.net.au and
we are not liable for loss or damage that you or anyone else suffers as
a result of using this information including, but not limited to, any
damage to, or loss of, data caused by a virus or similar program. You
acknowledge that if you use over 450hrs
per month for any two consecutive months, Maxnet.net.au may request that you change to a permanent connection
access plan and pay the extra charges for the associated plan.
Your account must be paid in advance and must be paid
within the first 7 days of every month. All plans start and are billed
from the 1st day of the month. Your access may be suspended if
this payment is not received. If your account is suspended or cancelled
for longer then 30 days, Maxnet.net.au have the right to delete all
email and/or web site/s from it's servers. Maxnet.net.au
reserve's the right to charge a reconnection fee, for any accounts
suspended, as well as reserving it's right to recover any over due
fee's, including any legal costs incurred to recover such monies. You
may cancel your account with Maxnet.net.au at any time. If you chose to
cancel your account, you are still require to pay all outstanding
amounts on your account. If a new month has started and you have used
our service within the new month, then you are required to pay for the
complete month. (If you are on a contract please read the Contract
Terms as well.)
What You must not do.
You must not send or disclose your username or password to anybody other
than Senior Administrators of Maxnet.net.au. You must not store your username or password in any form in any
location (for example on the hard drive of your personal computer or
other devices used to access the Internet), where they are capable of
being read by anybody other than yourself.
You must not permit any other person,
other than adult members of your household or others with your express
permission and under your personal supervision, to use your username and
password to access Maxnet.net.au. You accept responsibility for all
aspects of use of Maxnet.net.au by all persons using your username and
password.
You must not use Maxnet.net.au for any
activities which breach any laws, in the State of New South Wales, or
the Country of Australia, or in the State or Country you are accessing
or intending to access. You must not infringe a third party's rights, or
breach any standards, content requirements or codes promulgated by any
relevant authority including activities which will require us to take
remedial action under any applicable industry code. You must not use
Maxnet.net.au in a way which interferes with other users or defames,
harasses, menaces, restricts or inhibits any other user from using or
enjoying Maxnet.net.au. You must not use Maxnet.net.au to send
unsolicited or unwelcome electronic mail messages to anyone.
You are responsible for obtaining advice
about whether your use of Maxnet.net.au involves activities which breach
any laws, infringe a third party's rights, or breach any standards,
content requirements or codes promulgated by any relevant authority
including the Internet Industry Association Code of Conduct.
You indemnify Maxnet.net.au, it's
management and emplyees, from and against all
actions, claims, suits, demands, liabilities, costs or expenses arising
out of or in any way connected to the use of Maxnet.net.au by you or any
other person using your account identification and password.
You must not share your account with anyone.
You must not have any more than one login at any one time.
You require a separate account for each login.
You are not permitted to transfer or resell your rights to
use this service or any other rights conferred on you by this Agreement.
Contract Terms
The following Contract Terms form part of the Terms of Use and
Customer Agreement.
Basic Plus Plan - Is no longer a contract
term. Refer to Dialup Plan Terms below.
Dialup Plan Terms
The following Dialup Plan Terms form part of the Terms of Use and
Customer Agreement.
Value Plus Plan - This plan is not to be used
as a permanent connection, therefore a 5 hour session time and 1 hour
idle time apply. During peak periods, modems may not be always available.
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time. Payment is
via Credit Card only.
Basic Plus Plan - This plan is not to be used
as a permanent connection, therefore a 5 hour session time and 1 hour
idle time apply. During peak periods, modems may not be always available.
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time.
Basic Plan - This plan is not to be used
as a permanent connection, therefore a 5 hour session time and 1 hour
idle time apply. During peak periods, modems may not be always available.
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time.
Hourly10 Plan - 5 hour session time and 1 hour
idle time apply to this plan. During peak periods, modems may not be always available.
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time. Charges apply
for any usage over 10hrs at the rate of $1.10 per hour calculated by
increments of 1 minute.
Hourly20 Plan - 5 hour session time and 1 hour
idle time apply to this plan. During peak periods, modems may not be always available.
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time. Charges apply
for any usage over 20hrs at the rate of $1.10 per hour calculated by
increments of 1 minute.
Business Saver Plus Plan - This plan is not to be used
as a permanent connection, therefore a 5 hour session time and 1 hour
idle time apply. During peak periods, modems may not be always available.
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time. Charges apply
for any usage over 100hrs at the rate of $1.10 per hour calculated by
increments of 1 minute.
Business Gold Plan - This plan is not to be used
as a permanent connection, therefore a 5 hour session time and 1 hour
idle time apply. During peak periods, modems may not be always available.
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time. Charges apply
for any usage over 350hrs at the rate of $1.10 per hour calculated by
increments of 1 minute.
Permanent Connection Plans
The following Permanent Connection Plan Terms form part of the Terms of Use and
Customer Agreement.
Perm1 Plan - This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time. Charges
apply for any usage over 500Mb at the rate of $0.25 per Mb.
Perm2 Plan -
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time.
Perm3 Plan -
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time. Charges
apply for any usage over 1Gb at the rate of $0.25 per Mb.
Perm4 Plan -
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time.
Perm5 Plan -
This plan may be withdrawn at any time, giving 1 months notice to
existing customers. Only one logon is allowed at a time. Charges
apply for any usage over 4Gb at the rate of $0.25 per Mb.
Changes /
Termination of Access.
We may vary any of these Terms of Use at any time by
notice to you. Your continued use of the Service after such notice will
constitute acceptance of the variation. Notices under this agreement
must be sent by prepaid ordinary post, by facsimile or by electronic
mail, unless we specify an alternative means of giving notice in order
to verify your identity.
If, in Maxnet.net.au reasonable opinion,
you breach any of these terms or conditions, we may suspend your access
to Maxnet.net.au. You are not entitled to a credit or refund for loss of
access during the suspension period.
Disclaimer and limitation
of liability
Maxnet.net.au will endeavour to provide the service
on a continuous basis 24 hours a day, 7 days a weeks. However, you understand
that factors including failure of hardware, software, power supply or telecommunications link could result in the
service being temporarily unavailable. The service may also be unavailable from time to
time for emergency or scheduled maintenance by the Maxnet.net.au. In the case of
scheduled maintenance, you will be notified by e-mail 24-48hrs before the scheduled maintenance.
You acknowledge that after 5hrs of continuous access or
if your connection is idle for 1hr, your call will be disconnected. This is to help minimize line
congestion during peak times. You are permitted to re-connect any time,
where lines are available.
You acknowledge that at times the number of users
using the service will mean the service is slower or more limited than at other
times or temporarily not available and that there is no Guarantee of line
availability.
Business Gold Plan: Maxnet.net.au will endeavour to provide
enough available lines during 7am - 7pm for Business Gold Customers. However, you understand
that factors including failure of hardware, software, power supply or telecommunications link could result in the
service being temporarily unavailable.
You acknowledge that temporary unavailability of the service for these and
other reasons is not a breach of this Agreement by the Maxnet.net.au.
You acknowledge that Maxnet.net.au may redirect all internet
traffic via proxy server/s at any time.
General Conditions
Notices under this agreement must be sent by prepaid
ordinary post, by facsimile or by electronic mail.
This agreement is governed by the law in
force in the State of New South Wales, and the parties irrevocably
submit to the non-exclusive jurisdiction of the courts of New South
Wales and courts of appeal from them for determining any dispute
concerning this agreement.
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