TERMS OF SERVICE

The Internet is a vast network of computers that allows an individual user on the network to share the resources of other computers. This sharing of resources creates a "community" and when you use the Telewest Pty Ltd to access the Internet you become a member of two communities. You become part of the community of Telewest Pty Ltd, which includes our network and customers, and you become a part of the larger community of networks and users on the Internet.

Access to the Internet through Telewest Pty Ltd is a privilege, not a right, and carries with it certain responsibilities and duties. Our goal in establishing this Acceptable Use Policy (AUP) is to protect both our users and the larger Internet community from the consequences of irresponsible use of Telewest Pty Ltd accounts and resources. Telewest Pty Ltd AUP chiefly prohibits

•acts that are illegal,
•acts that violate generally accepted standards for online behavior,
•acts that misuse Telewest Pty Ltd resources to the detriment of other users.

All customers, clients, and users of Telewest Pty Ltd are required to comply with this Policy.

All violations of the Acceptable Use Policy will be reviewed for appropriate action that could include termination of access. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

WEB HOSTING

•Adult content is not allowed. This includes, but is not limited to, pornographic images, text, and sound files.
• IRC servers, IRC bots, and Mush/Moo/Mud servers are forbidden
• SMTP service is offered on web hosting accounts
• Spam is strictly forbidden. Any instances of spam relating to your web site will result in account deactivation and a fine for each complaint we receive
• Sites which place an unreasonable load on the server due to excessive CGI scripts, etc. will be suspended and we will ask the owner to reduce the site load or move to a dedicated server.
• Hate literature, material in violation of copyright laws, and other illegal material are not permitted.

Use of the Telewest Pty Ltd service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Clients accept that they will not use their accounts illegally. Reports to Telewest Pty Ltd about misuse of our services will lead into an investigation, furthermore we will suspend the clients account and any user in violation of our TOS will not receive a refund on their account. Users found sending unsolicited email via their accounts will be subject to a $100USD reinstatement fee if they wish their account re-established. A second offence will lead to account termination. This fee is NON-REFUNDABLE

NON ASSIGNMENT

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. In general, you may NOT use your Telewest Pty Ltd account:

•In a manner which violates any law, regulation, treaty or tariff;
•In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
•To threaten, harass, abuse or intimidate others;
•To damage the name or reputation of Telewest Pty Ltd, its parent, affiliates and subsidiaries;
•To break security on any computer network, or to access an account which does not belong to you;
•In a manner which interferes with other customers' use and enjoyment of the services provided by Telewest Pty Ltd.
•Abuse of staff, clients or any other name/business associated with Telewest Pty Ltd will not be tolerated. We reserve the right at our discretion to terminate accounts of clients who abuse/defame our name(s)

Telewest Pty Ltd reserves sole discretion to determine whether any use of the service is a violation of this policy.

BILLING

The billing cycle runs from the from the date you bought the account, to the same day the following year/month. Charges for usage by customer beyond the base amount of usage contained in customer's service plan shall be billed the following month along with base charges for the coming month. Volume discounts for bulk purchases of monthly connectivity services remain in effect for the total length of the term, otherwise, full fees will apply. Pre-authorized Payment by credit card or automatic bank debit is the preferred method of payment. Payment is due by the first of the month or upon receipt of any invoice. Refunds will be given at the discretion of the Company Management.

Refunds for any services provided by us will not be pro-rated. Cancellation of service after the initial 30 days, will result in the customer not being eligible to receive a refund. Domain names are non refundable. Account cancellations received by us are processed within 24 hours after receipt of your cancellation notice.

Telewest Pty Ltd may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein. Delinquent accounts are those that remain unpaid at the beginning of the next accounting cycle, and are subject to a 2% per month service charge (24 % per annum). Accounts that are delinquent for two accounting cycles are put on "accounting hold" their files archived and access denied. . Telewest Pty Ltd accounts continue to accrue charges while they are on hold. Accounts that are unpaid for three accounting cycles have their files purged There is a service reconnection charge equal to one half the currently charged set-up fee, or ten dollars, whichever is greater, to remove accounts from accounting hold status. The account holder acknowledges responsibility for the account until payment in full is made. There is a $20.00 service charge for each returned check. An automatic reminder has been programmed into your account to notify you when your account is about to expire. Disputed transactions will not be tolerated unless all avenues of contact has failed. Any account that disputes transactions without prior notification/contact with our billing team will be subject to immediate termination of their hosting account. Furthermore customers found with disputed transactions will be blacklisted by us and submitted to public anti-fraud websites. Disputed transactions carry a $50 reconnection fee of services and require documentation to be faxed over to our offices.

ACCOUNT CANCELLATIONS

Cancellation requests for Telewest Pty Ltd accounts must be received in writing via fax, or postal service at Telewest Pty Ltd main office 15 days prior to the next billing cycle. The inherent difficulties in verifying the authorship of email makes it un-satisfactory for transmitting account cancellations.

•Cancellation requests take affect immediately
•Refunds are at the sole discretion of Telewest Pty Ltd

NETWORK PERFORMANCE

Telewest Pty Ltd accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time on shared resources. You may not use resource-intensive programs that negatively impact other customers or the performance of Telewest Pty Ltd systems or networks. Telewest Pty Ltd reserves the right to terminate or limit such activities. Account may be moved from time to time to ensure maximum of availability to clients.

LIMITATION OF LIABILITY

ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Telewest Pty Ltd is not responsible for Customer's files residing on the Network. The Customer is responsible for independent backup of all such data at a site determined by the customer. Telewest Pty Ltd cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. Telewest Pty Ltd is in no way responsible for any data loss or damage arising from viral infection from the Internet. Telewest Pty Ltd and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, Telewest Pty Ltd Internet Services. Telewest Pty Ltd will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Telewest Pty Ltd Internet Services is at your sole risk. Telewest Pty Ltd specifically disclaims any responsibility for the accuracy or quality of information obtained through Telewest Pty Ltd Internet Services. As a user you are warned that some Internet sites accessible via Telewest Pty Ltd allows posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Telewest Pty Ltd is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent. Telewest Pty Ltd services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless Telewest Pty Ltd from any claims resulting from your use of the service that damages you or another party. Any access to other networks through the Telewest Pty Ltd Network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. Telewest Pty Ltd and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Telewest Pty Ltd be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if Telewest Pty Ltd has been informed of the possibility of such damages, or for any claim by any other party. Uptime guarantees do not include, scheduled or emergency maintenance or network issues.

OPERATION

Telewest Pty Ltd reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Acceptable Use Policy will be posted to this Telewest Pty Ltd Web page. Customers are encouraged to review the current Acceptable Use Policy on a regular basis. Customer's use of Telewest Pty Ltd after such notice shall constitute Customer acceptance of such modifications. The Customer understands that our services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. The Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration.

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Outside Australia: +61.8.6365 9535
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