Terms and conditions for internet Access

Terms and conditions for internet Access

Responsibilities of Applicants

Your Account

Use of your account is expressly limited to you. Your account may not be transferred to any other party, temporarily or permanently unless Acepia gives prior authorisation in writing.
The applicant agrees to bear sole responsibility for all use of the account and for the confidentiality of the password. Acepia will suspend or change access to the account immediately upon notification that the password has been lost, stolen or otherwise compromised.
To cancel the account, the applicant agrees to contact Acepia by sending e-mail to accounts@acepia.net.au or by sending a fax to (03)9723 8251. Termination of the account will be effective on the day Acepia receives an e-mail or fax directing Acepia to cancel the account. The Applicant will be liable for any charges incurred until such effective date. In the event of termination the Applicant will remain obligated not to violate the rights of any person or entity with respect to any materials that may have downloaded from Acepia (that is any computers that are within the domain of Acepia.net.au)
The applicant is responsible for all telephone charges relating to a call to Acepia.
The Applicant agrees to pay Acepia all Charges relating to the use of the Account, in accordance with the rates and prices at the time the service is used. usage of certain special features and services and/or data storage may be subject to additional charges. Acepia reserves the right to charge additional finance fees for late payment. Acepia reserves the right to change its rates and prices at any time, effective upon a 30 day written or electronic notice to current Acepia users.
The applicant authorises Acepia to apply all incurred fees to the applicant's credit card or if the applicant dose not wish to use credit card agrees to pay a monthly access charge in advance with any outstanding fees or data storage or excess usage. Excess usage is the time which is above that allowed by the monthly charge. The applicant agrees to be fully responsible for such charges.
The applicant must promptly inform Acepia of :

Changes in expiration date of any credit card used in connection with Acepia.
Changes in home or billing address.
Breaches of security, including loss, theft, or unauthorised disclosure or use of a credit card, ID or password. Until Acepia is notified of a breach of security, the Applicant will remain liable for any unauthorised use charged to the Applicants account
The applicant may, upon written notification to Acepia, change from one internet access package to another. such notification must be received prior to the start of the month in which the change is to take place.

Rules of online Behavior

The Applicant is prohibited from posting any unlawful, libelous, threatening, abusive, disruptive or obscene material or message that would violate rights of any person or constitute a criminal offence, or otherwise violate any local, state, federal or international law. Use of Acepia for advertising or promotion of a commercial product or service with out the express written permission of Acepia is prohibited. Use of distribution lists is strictly prohibited and may be discontinued at the discretion of Acepia.
The Applicant is prohibited from uploading or reproducing information that is protected by copyright with out obtaining permission from the copyright owner. only public domain files and files in which the author has given you express consent to copy or redistribute online or otherwise , may be uploaded to Acepia, including software files or libraries.
information and materials, which the applicant may find, published on Acepia may be property of Acepia or another source and may be protected by copyright or may contain, protected trademarks. the applicant may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.
Acepia may terminate the Applicants account if it believes, in its sole discretion, that the Applicant has violated any of the above rules.

Representations, warranties and acknowledgment

The Applicant warrants that all material that they submit for publication or posting on Acepia will not violate or infringe any copyright, trademarks, patent, statuary, common law or proprietary rights of others, or contain anything obscene or libelous. by submitting information or materials owned by the applicant for publication or posting on, or distribution through, Acepia, the applicant will be deemed to have granted Acepia non-exclusive permission to redistribute by transmission the information or materials world wide with out charge or liability. Acepia reserves the right, in its sole discretion, but is under no obligation, to refuse the post delete or edit any information that the applicant submits or enters into Acepia, including but not limited to electronic bulletin boards, data bases and software libraries. The applicant agrees that they will not hold or seek to hold Acepia liable for the loss of data or the misappropriation or infringement of any intellectual property right to which they claim ownership.
if ordering merchandise and/or services from any one, through any commercial services accessible on Acepia, all transaction terms including but not limited to the purchase terms, payment terms, warranties , guarantees, maintenance, and delivery, are solely between the applicant and the seller of the merchandise or service. Acepia makes no warranties or representations, whatsoever with regards to any goods or services provided by the seller of the merchandise or services and shall not be liable for any costs or damages arising, either directly or indirectly from the products or services or from the actions or inactions of the seller.
The Acepia Services is provided as 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 Acepia or any information or software therein. Under no circumstances, including negligence, shall Acepia be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not limited to acts of God, communications line failure, theft, destruction or unauthorised access to Acepia records, programs or services.
The applicant acknowledges that Acepia has the right to delete any of the Applicants personal files on any Acepia service, which have not been accessed for more than one month.
The applicant agrees to indemnify and hold Acepia, its parents, subsidiaries, officers and employees, harmless from any claims or expenses, including reasonable solicitors fee, related to the violation of the agreement, including any abusive or unlawful behavior on the part of the applicant or their dependants, or the infringement of any intellectual property or privacy right of any person.
This agreement will remain in effect until either party elects to terminate the agreement in accordance with the terms and of this agreement or unless and until Acepia Notifies the Applicant that a renewal agreement must be entered.
Payment of the said fees is considered to be acceptance to this agreement.
This Agreement will be governed by and construed in accordance with the laws of the state of Victoria.

Terms and conditions for Unlimited Access

The Following Terms and Conditions apply to customers who choose the unlimited access plan. These terms and Conditions are in addition to the general Terms and Conditions

payment for the Unlimited access plan must be by credit card.
Help desk service is generally not available to Unlimited access customers. Limited help desk service will be available to help with the initial connection.
The Unlimited access plan dose not provide and is not designed for continues connection. A three-hour limit on continues access will be applied. Customers on the unlimited access plans for more than three hours may be disconnected with out warning.
Unlimited access customers will be disconnected after 20 minuets of idle time.
Only one login at a time is permitted per user ID.
Acepia does not guarantee that modems will always be available especially during peak times.
Acepia does not guarantee connection speeds but a maximum of 33.6k will be achievable.
Unlimited access customers will not be able to access other dial-up numbers. if a breach occurs they will be charged at a base rate of $2 per hour. Acepia reserves the right to suspend any customers who violate this rule.
The Unlimited access plan must not be used for running servers or providing any public information service.
The Unlimited access plan may be changed or withdrawn at any time. Any changes to the plan will be advised by email giving at least one months notice.