Rabbit Net agrees to supply Internet access to the customer.
The customer agrees that:
1. the speed and quality of Internet access depends a variety of things, many of which are beyond the control of Rabbit Net.
2. Rabbit Net is not responsible for the accuracy or appropriateness of any data on the Internet.
3. Rabbit Net does not warrant or endorse any software available on the Internet.
4. Modem connection speeds often do not reach the maximum stated by the modem manufacturer for a variety of reasons beyond the control of Rabbit Net.
The customer indemnifies Rabbit Net against any action that may result from their accessing the internet.
Rabbit Net will make rules to govern access to the internet by the customer. The Rules may include, but not be limited to:
1. online time limits
2. limits on the volume of data uploaded and downloaded
3. excess usage fees
4. terms of payment
5. charges and billing
Rabbit Net may alter the rules by:
1. Advising customers by email to their Rabbit Net email address.
2. Publishing Rules on their internet site www.rabbit.com.au web page.
Any such changes in rules will apply in force as if included in this agreement.
Rabbit Net will publish Membership Plans that customers may subscribe to. Conditons of access and charge rates in the Rabbit Net membership plans will be considered as rules that will apply in force as if included in this agreement.
The customer will not, whether through deliberate action or inaction or carelessly damage Rabbit Net's software, hardware or reputation.
The customer will not disclose confidential passwords or access codes registered with Rabbit Net and will notify Rabbit Net without delay if any of these things are disclosed to other parties whether deliberately or by accident.
The customer must not use their Internet access to annoy, harass, harm, embarrass or disparage other Internet users.
The customer must not use their Internet access for any illegal purpose or in any illegal manner.
The customer must not use their internet account for commercial purposes unless they have subscribed to a Membership Plan that is marked as suitable for commercial use.
Any IP Address allotted to the customer by Rabbit Net remains the property of Rabbit Net and can be changed or withdrawn at any time by Rabbit Net as Rabbit Net deems fit.
The customer incurs all telephone service charges when dialing up to access Rabbit Net's equipment.
Rabbit Net may terminate the customer's Internet access immediately if the customer breaches this agreement or the rules.
Rabbit Net may terminate the customer's Internet access immediately if the Customers fails to pay any charges applied.
Rabbit Net, at its discretion, can terminate this agreement and the customer's Internet access at any time, without notice, subject to refunding unused portions of the customers subscription fee on a pro rata basis. The customer may cancel their subscription at any time and get a pro rata refund on unused portions of the subscripton save that they are liable for a cancellation fee of $25.00 should they wish to terminate their Internet access subscription before it was due to expire.
Customers must call Rabbit Net by phone to request any substantive change to their account where upon an appropriate identity check will be carried out to ascertain the customers authority to make any such change. Emailed requests are not accepted. This rule applies especially to plan changes and account terminations.
Additional Charges: Rejected cheques or invalid credit card transactions will be automatically charged back to the Customer's account. A charge of $15.00 is charged for dishonoured cheques. Credit card chargebacks will attract an administrative and processing fee of $100. A charge of $2.50 applies for posted or faxed invoices.
Other than stated by this agreement, Rabbit Net does not have to make any refund of the customer's fees.
Rabbit Net will not enter into an agreement to provide Internet access to persons under the age of 18 years.
Rabbit Net reserves the right to refuse any application for Internet access at their discretion.
Rabbit Net may delete any computer file it sees fit from any of its servers at any time and regardless of the amount of time the information has been stored for.
Rabbit Net may keep any records it deems necessary to provide accurate and reliable service, billing or for any other purpose.
This agreement, other than the rules previously mentioned, constitutes the entire agreement between Rabbit Net and the Customer.
Any notices from Rabbit Net to the Customer will be emailed to their email address on the Rabbit Net domain. They will have been deemed to have received such material within three working days of its transmission.
The customer is responsible for all usage on their account and any charges arising thereof.
All dial-up accounts will have 4 hour session limits.
ADSL plan changes involve a change of plan fee. Contract periods are cumulative. That is the new contract term associated with the new ADSL plan will be added to the remainder of the previous contract term to form the new contract period.
The parties submit to the law of Victoria, Australia in relation to the interpretation of this agreement. or any dispute arising out of it.
History
[Terms and Conditions amended 02/07/03]
[Terms and Conditions amended 13/01/07 - clarify that email requests for plan changes and terminations are not acceptable]
[Terms and Conditions amended 18/01/07 - specified 4hr session limits for dial-up accounts - though already listed in dial up plans]
[Terms and Conditions amended 20/03/07 - specified that ADSL plan changes are contract period cumulative and have a plan change fee]