Definitions

1a) 'NetYP means the service supplied by NetYP Internet Service Providers.

1b) 'Service' means dial up access to the computer network known as the Internet including information Services, computer resources, disk storage and computer communications.

1c) 'The Customer' means the person or entity specified on the Application Form for the service. 

Agreement

2a) These terms and conditions constitute the entire understanding and agreement between the parties with respect to the provision of the Service. All other written or verbal representations, understandings or agreements are hereby excluded. 

Provision of Service

3a) NETYP shall provide The Customer with the Service which shall generally be available 24hrs a day, except for upgrade and maintenance times. However, NETYP does not warrant that the Service will be uninterrupted or error free.

3b) The Customer acknowledges that the Service is not fault free and that they may experience interruptions and access difficulties from time to time.

3c) NETYP will provide the Customer with a Login ID code, password, telephone number and other information to enable access to the Service. The Customer must not use the Login ID code and password for Multiple concurrent logins, nor disclose details of this Information to any other person.

3d) Although the Service is generally available 24hrs a day, The Customer shall not engage in line blocking by permanently Connecting to the Service. Connection is only permitted while Using the Service. 

3e) All warranties of any kind are excluded – except non-excludable warranties implied by State or Commonwealth Statute.

3f) NETYP restricts the size of maximum allowable email to 5Mb in total. Emails larger than 5Mb will be rejected.

3g) NETYP does not provide unrestricted Internet Access for all protocols, and some protocols are only available through proxies. NETYP reserves the right to make changes and modifications to its System in it's absolute discretion without prior notice.

3h) Your NetYP email address is provided with your internet plan.  Emails must be accessed by dialup regularly and not less than once a month unless NetYP is notified of extended absence.  A user account will be deemed to be inactive if no dialup access has occurred within a 6month period.  NetYP reserves the right to remove inactive accounts after said 6 month period without notification to the account holder.  Any credit balance is forfeited with the account termination.

3i) NetYP offers a netYP email address only service at the cost of $(see current pricing) per month.  Accounts must be kept in credit at all times.  Accounts which fall into debit will be removed after three months, without notification to the account holder.

Charges

4a) The charges for using the Service are published by NETYP from time to time. NETYP may vary these charges at any time and The Customer shall be given 30days notice of any such variation by publication of new charges on NETYP web page.

4b) Customers on monthly plans will have their credit card debited for each month in advance according to the previous plan unless 7 days notice in writing is given to NETYP. It is The customers responsibility to view details of plans available on NETYP web page. Usage fees, where appropriate, will be debited at the beginning of each month for excess hours used in the previous month.

4c) If the customer's credit card number expires or NETYP is unable to debit charges to this credit card number, NETYP may immediately and without notice terminate the Service and outstanding amounts will become immediately payable by the Customer.

4d) Customers on plans other than monthly plans, paying by credit card, will have their previous month usage excess debited at the beginning of each following calendar month

4e) Account customers (customers not paying by credit card on monthly plans must keep their account in credit at all times. Payments must be made three monthly in advance. Any overtime incurred must be paid within 7 days of issue of the invoice detailing the overtime charge.

4f) Account customers on Casual or Flat Rate must keep their account in credit at all times.

4g) NETYP does not automatically renew customers on quarterly or yearly plans. Renewal notices are sent via email 2weeks prior to the expiry of a customers account.

4h) Any prepayment of connection fees is NOT refundable.

4i) Any cost incurred by NETYP as a result of any unauthorized use, misuse or abuse of the Service will be charged to The Customer and added to the charges otherwise payable.

Customer obligations

5a) The Customer agrees to provide a telephone line, modem, computer and software to facilitate access to the Service

5b) The Customer agrees to:

•     Ensure that all equipment used by and or installed by the Customer is compatible with the Service with NETYP having no liability in the event the equipment of the Customer is not compatible with the service.

•    Ensure that it's operating system is compatible with any programme provided by NETYP prior to installation of that programme.

5c) The Customer agrees not to transfer its rights nor delegate its obligations under terms and conditions or resell the Service without the prior consent of NETYP.

5d) 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.

•     For all use of the Service accessed through The Customer's password.

5e) Disclosure or loss of log-in information that incurs charges or Service misuse is The Customer's responsibility and should be reported to NETYP as soon as possible.

5f) The use of the Service is at The Customer's sole risk and is entirely The Customer's responsibility. NETYP does not and cannot monitor or control The content and information accessed from the Service and NETYP shall not Be held responsible in any way for any content or information accessed From the Service.

5g) The Customer will not use the Service to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer viruses, using network to make unauthorized entry to any other machine accessible from the Service, sending harassing or threatening electronic mail and forgery (or attempting forgery or electronic mail messages and newsgroups.

5h) The Customer agrees:

•    To refrain from Mass Spam postings of messages to inappropriate newsgroups

•    To refrain from mass, unsolicited e-mailings

•    To post advertisements only where appropriate and in venues that Specifically encourage or allow advertising

•    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.

5i) The Customer agrees:

•    To refrain from publishing receiving or transmitting any material that is Grossly offensive, abusive, indecent, obscene or menacing.

•    To not publish material on their homepage that provides instructional Information about illegal activities, promoting physical harm or injury Against any group or individual, displaying material containing nudity Or pornographic material of any kind, or material that exploits images Of children under the age of 18yrs.

•    That any homepage that receives in excess of the number of 'hits' as Determined by NETYP is liable for additional charges and or restriction of Service.

5j) The Customer shall not knowingly permit any other party to use the Service for any illegal purpose.

5k) Certain Internet content may contain material which The Customer may find inappropriate, offensive, inflammatory or adult in nature. NETYP does not endorse such materials and disclaims any and all liability for their contents.

5l) The Customer must comply with instructions given by NETYP concerning the Service from time to time.

5m) The Customer shall pay all costs, fees charges or other expenses which are or may be incurred in respect to The Customer using any Services of a Communications Provider to allow access to the Service and shall Indemnify and keep indemnified (the Dealer and) NETYP in respect to any Such costs, fees, charges or other expenses.

5n) Without in any way limited paragraph 6a of this Agreement, The Customer shall pay all costs, fees, charges or other expense which may be incurred in respect to timed telephone calls charges by The Communications Provider to enable The Customer to access the Service and shall indemnify And keep indemnified (the Dealer and) NETYP in respect to any such costs, Fees, charges or other expenses.

Variation of Terms and Conditions

6a) NETYP may vary any of these terms and/or conditions from time to time.

6b) The Customer will review NETYP's Home page at least once every 30days to check whether any variations have been made.

6c) The Customers continued use of the Service will constitute The Customers acceptance of the variation of Terms and conditions.

Exclusion of Liability

7a) Except where liability may not by statute be lawfully avoided any statement, condition or warranty express or implied, statutory or otherwise as to the quality, merchantability, or suitability or fitness for any particular purpose of the Service is hereby excluded and NETYP shall not be liable to The Customer or any other persons for loss or damage (whether direct Or consequential) arising directly or indirectly from the use of the Service Or any modification, variation or enhancement thereof, and any Documentation, manual or training relating thereto.

7b) If any condition or warranty is implied in this Agreement pursuant to any provision of the Trade Practices Act 1974 (as amended) or relevant State or Territory legislation and has not been excluded from this Agreement then to the extent that such condition or warranty is binding upon NETYP the liability of NETYP for breach of the condition or warranty shall be limited to any one or more of the following as determined by NETYP in its absolute discretion:

1. in the case of any goods any one or more of the following

a) the replacement of goods or supply of equivalent goods;

b) the repair of goods or the payment of the cost of replacing the goods or of acquiring equivalent goods;

c) the payment of the cost of having the goods repaired;

2. in the case of any Services;

a) the supplying of the Service again;

b) the payment of the cost of having the services supplied again 

7c) The Customer agrees that NETYP can not be held liable for persons under the legal age accessing, receiving, or transmitting any material that is grossly offensive, abusive, indecent, obscene or menacing. Nor can NETYP be held liable for instructional information about illegal activities, promoting physical harm or injury against any group or individual, material containing nudity or pornographic material of any kind, or material that exploits images of children under the age of 18yrs.

Indemnity

8a)The Customer hereby indemnifies NETYP in respect of any loss or damage action, claim, suit or proceeding against NETYP 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.

Force Majeure

9a) NETYP shall not be liable by reason of its failure in the performance of its obligation under these terms and conditions by reason of strikes, riots, fire, explosions, Act of God, War, governmental action, or any other cause which is beyond the reasonable control of NETYP.

Termination

10a) NETYP may terminate the Service for any reason by giving The Customer (7)days notice.

10b) In the event that The Customer terminates use of the Service, The Customer will NOT be given a refund of any prepaid amount.

10c) Notwithstanding anything herein contained, NETYP may terminate the provision of the Service without notice if The Customer breaches any of these terms and conditions.

10d) NETYP, in its sole discretion, reserves the right to suspend the Service for any reason.

Notices

11a) All notices to be served upon either party by the other shall be in writing and may be sent by mail, fax, or electronic mail to the parties hereto at their respective addresses as specified on the Application Form.

Governing Law

12a) These terms and conditions shall be governed by the laws in force in the State of SA and the Commonwealth of Australia and each party hereto Irrevocably submits to the exclusive jurisdiction of the Courts of the State Of SA.