Escape
Online / Escape Communications Terms & Conditions
Definitions
In this document, certain
words and phrases are defined for accuracy and certainty.
Singular definitions include the plural and vice
versa, where the meaning requires it.
Account means the Internet
service chosen with Escape and defines the following:
(i) Connection speed;
(ii) Pricing details (of the Setup Fee, Regular
Payment, Excess Usage and Special Conditions);
(iii) Contract Period;
(iv) Account Specification; and
(v) Terms and Conditions.
Account Specification means
any predefined limits on Internet Access as outlined
in Your Application Form.
Asymmetric Digital Subscriber
Line or ADSL or Broadband means the
technology that allows the transmission of digital
information at high bandwidths on twisted metallic
pairs.
ADSL Line Completion means
the date that Your nominated phone line is upgraded
to utilise ADSL services as determined by Escape.
ADSL Line Cancellation means
the date ADSL is removed from Your nominated phone
line as determined by Escape.
Application or Application
Form refers to the form containing:
(i) The Account holder details;
(ii) Payment details; and
(iii) The specific details of the Account.
Broadband means a high-capacity
communications pipeline capable of delivering simultaneously
a range of voice, video and data services to the
home.
Contract means the contract
between Escape and You that comes into effect on
acceptance by Escape of your Application.
Defined Abuse means misuse
of the Internet Access as follows:
(i) Giving an unauthorised person Your Account and
password details;
(ii) Deliberately or unintentionally disrupting
Escape's service, or engaging in any activity likely
to disrupt Escape's service;
(iii) Engaging in Spamming;
(iv) Misusing Internet Access in a manner identified
by a competent law enforcement official as unlawful
such as copyright violations, defamation or fraud;
(v) Using Your Internet Access to menace or harass
others;
(vi) Denial-of-service Attacks on other users or
networks;
(vii) Using Your Internet Access to unlawfully obtain
access to other networks;
(viii)Using Your Internet Access to make offensive,
inappropriate or off-topic posts to Usenet News;
or
(ix) Breaching any additional forms of abuse defined
in the Special Conditions.
Denial-of-service Attacks
means behaviour that results in disruption of Escape's
service, disruption of other people's Internet Access,
which includes but is not limited to computer viruses,
email bombardment and damage to Internet-connected
resources.
Domain Name means the registered
name for a web address. A domain name needs to be
registered, delegated and hosted for it to be accessible
via the Internet.
Downtime means periods of
unavailability or limited availability of Internet
Access.
Escape means Escape Communications
Pty Ltd, (A.C.N. 092 262 372) with a postal address
of P.O. Box 404, Elsternwick, Victoria 3185. Our
telephone number is 1300 131 003 & Fax is 1300
880 104. Our general email address is info@escapenet.com.au.
Escape Network means any components
of hardware and/or software used to supply Your
service. This may include components managed directly
by Escape or supplied to Escape by 3rd party providers.
Excess Usage Charges means
the Fees for the Usage over and above the allocated
& included Monthly Usage.
Fee means a sum charged by
Escape to You.
Full Service Qualification
means the qualifications Your ADSL nominated line
must pass to be ADSL capable.
Internet Access means connection
to the global network of networks known as "The
Internet" using software protocols supported by
the Internet Service Provider (ISP) to connect Your
computer equipment to the ISPs network. This includes
access to email and the World Wide Web.
Open Third-Party Mail Relay
means the use of a mail server to process a mail
message by an unauthorised person.
Minimum Connection Time means
the minimum amount of time before Escape may initiate
a disconnection from your Internet Access. Disconnections
outside of Escape's initiation are beyond Escape's
control and responsibility.
Payments Due means any invoiced
amount issued to You by Escape arising under the
Account or the Contract.
POP email box refers to a
username and password protected space where email
for a specific email address is deposited. This
mailbox and its contents are stored on Escape's
mail server and are accessed using the POP3 protocol.
Provisioning means the time
necessary to complete any work that is required
for You to be able to access or terminate the connection
speed of Your nominated Account.
Regular Payment is the periodic
Fee due to Escape from You for Your Internet Access,
excluding Setup Fee, Excess Usage and Special Conditions.
Setup Fee refers to a once
off Fee stated on the Application Form for Account
setup.
Special Conditions means the
terms and conditions endorsed on the Application
Form which impose fees, conditions and limitations
on the provision of Internet Access and include
the Account Specifications and any Special Term.
Spamming means unsolicited
bulk electronic messages sent by You which in the
reasonable opinion of Escape constitutes a breach
of acceptable use of the Internet Access.
Static IP means the 32-bit
number that is assigned to a computer by Escape
to be its permanent address on the Internet while
you remain a Customer of Escape. Where a block of
Static IP's are allocated, the first and last IP's
are not useable.
Suspension means the act of
temporarily withdrawing Your Internet Access.
Terminate means the process
of Escape ceasing to provide Internet Access to
You.
Traffic is all data that is
inbound (IE. incoming to your Internet connection),
or outbound (ie. outgoing from your Internet connection)
at all times. Traffic may take the form of emails,
web requests and web data, File Transfer Protocol
(FTP) uploads or downloads and other services. If
you are connected to the Internet, then you are
most likely using Traffic. The Account you have
will determine how your Traffic with Escape is counted
and/or billed.
Usage means the measurement
of time or data generated by Your Internet Access.
Usage Charged means any Account
that is billed for Excess Usage.
Usenet News means the hierarchy
of newsgroups providing public messages on a variety
of topics.
Web Hit means a request for
any file from the World Wide Web, including but
not limited to any text, graphics, sound, animation
or video file on any individual web page.
Web Space refers to the space
allocated by Escape as a facility to store WebPages
if supplied on your plan.
Customer, You and Your refer
to the customer of Escape named in the Application
Form, and includes any person using the Account
with or without Escape's permission.
Terms and Conditions
These Terms & Conditions along
with the Escape Acceptable Use Policy (below) &
the plan details on the Escape Website at www.escapenet.com.au
make up the entire agreement under which a Customer
agrees to be bound in return for provision of services
from Escape.
1.0 Service Agreements
1.1 Section 1.0 applies
to all Accounts.
1.2 Escape agrees
to provide You with Internet Access under Your nominated
Account for the Fees stated in Your application
at the time of signing up.
1.3 Applications
are accepted in person, by facsimile, online and
over the phone subject to the specific Account requirements.
When Escape accepts Your Application Form, the Contract
is formed and You are bound to the Fees, Contract
period, and this Agreement until either party terminates
the Account in accordance with these Terms and Conditions.
1.4 Your Account
is activated when Escape accepts and processes Your
completed Application Form. Some Accounts require
a Provisioning period and activation occurs when
Provisioning is complete.
1.5 Escape will provide
You with the required configuration information,
Your username, password and access number for Your
Internet Access. You are responsible for all equipment
and software necessary to access the Internet, including,
but not limited to, a computer, modem/router (unless
otherwise stated in Your Account) and an active
phone line.
1.6 You must use
a secure password and ensure that this password
is not disclosed to any unauthorised person.
1.7 You are responsible
for all use of Your Account. Escape cannot protect
You against computer viruses or other security problems.
Escape cannot control the material that is available
on the global Internet. If You are confronted with
material You believe to be illegal, You should report
it to the appropriate authority.
1.8 Escape does not
accept Accounts from persons under the age of 18.
If You allow a minor to use Your Account then You
are legally responsible for supervising their usage.
1.9 Escape will protect
Your privacy and will ensure that Your full name,
password, payment, personal, and contact details
are not disclosed to third parties except as necessary
to provide your service or specifically permitted
or required by law.
2.0 Network Agreements
2.1 Section 2.0 applies
to all Accounts.
2.2 Escape makes
all reasonable effort to provide You with Internet
Access. However, occasional scheduled maintenance
and operational problems may result in some services
not being available. Escape will remedy any service
problems as soon as possible, but Escape is not
liable for any loss You suffer because any part
of the Internet Access is not working.
2.3 Connection speeds
cannot be guaranteed, nor can Escape guarantee connection
to any particular Internet site.
2.4 Network performance
may vary among Accounts, as Escape may manage the
network to ensure fair and equitable Usage.
2.5 Escape is not
responsible for backup and storage of Your data
and is not liable for any losses incurred as a result
of this.
2.6 If the size of
an email (including attachments) sent or addressed
to You passing through our mail server exceeds 5
Mb, Escape's mail server may reject the message.
Mail may be deleted from time to time off our server
if it has been stored for longer than 30 days without
being downloaded. The mail server is not to be used
for long term storage.
2.7 If You run Your
own mail server, it is Your responsibility to ensure
it is not open for use as an Open Third-Party Mail
Relay. In the event that Escape is notified of or
detects an open mail relay from Your server, Escape
reserves the right to block the port until the Open
Third-Party Mail Relay is closed.
2.8 You are not permitted
to use Your dialup account with any type of automatic
redial facility. This includes facilities from within
Your operating system, email program or 3rd party
programs. Failure to comply will immediately result
in the suspension of Your account without notice.
2.9 Escape operates
under a fair usage system which provides for network
resources to be available for the greatest number
of customers that is financially viable to do so.
This means that all users are able to use the network
resources up to 1.4 times the average usage of users
on a specific plan. e.g., if all users on plan A
average 100 hours per month, then you may use up
to 140 hours per month without abusing the fair
usage system. If usage exceeds this amount, then
Escape may ask You to keep within this usage range.
Failure to comply will immediately result in the
suspension of Your account without further notice.
3.0 Administration
3.1 Section 3.0 applies
to all Accounts.
3.2 Escape operates
a 7 day a week helpdesk, staffed every day of the
year except certain public holidays which Escape
would notify You of in advance. If You are experiencing
any technical difficulties with Your Internet Access,
email support@escapenet.com.au. All enquiries related
to the administration of your account should go
to 1300 131 003.
3.3 All Internet
related queries must go though Escape. Any calls
made to a third party that results in a charge levied
against Escape may be billed to You.
3.4 You may notify
us by post, facsimile or email. We may notify You
by post, facsimile or email. You agree to keep Escape
notified at all times of a current e-mail address
to which Escape may send billing and other information.
3.5 Advice from Escape's
staff and representatives is given in good faith
but Escape does not represent that its staff or
representatives are experts in the operation of
Your computer hardware or software and You must
act on any advice given at your own risk. The software
supplied with new Accounts has been provided in
good faith by Escape and Escape is not aware of
any defects in the software that may interfere with
the operation of Your computer hardware or software.
However prior to installing the software You should
verify that it is compatible with Your computer
hardware and software. Escape does not warrant that
the software will be compatible or defect free and
you agree to install and use the software entirely
at your own risk.
3.6 Escape makes
reasonable efforts to ensure that information on
the Escape website is correct and up to date. However,
Escape does not warrant the accuracy of that material.
All information is subject to change without notice.
3.7 Escape may change
Fees or conditions on 14 days notice. Escape will
notify You if the proposed changes would be in any
way detrimental to You.
3.8 If Escape is
ever sold to another company, these terms will remain
in force during any period of transfer and transition.
4.0 Billing
4.1 Section 4.0 applies
to all Accounts.
4.2 Regular Payments
commence from the date Your Account is active with
Escape and are for services provided during the
billing period or any part thereof until cancelled.
Cancellation of a service before the end of a billing
period will not result in a credit for the unused
portion.
4.3 All portions
of Usage are billed for. Unused Usage monthly allocations
are not transferable to consecutive months.
4.4 The Setup Fee
is processed upon acceptance of Your application
and is non-refundable except where Escape has received
payment of the Setup Fee and the service is deemed
to be not available after a Full Service Qualification
has been undertaken.
4.5 The Payment Due
is payable in monthly, quarterly or annual installments,
depending on Your choice of Account. Bills are sent
by email in the form of a Tax Invoice as required
by the Goods and Services Tax Legislation.
4.6 Usage Charged
Accounts are billed the Regular Payment for the
billing period in advance. Charges for the Usage
are then billed in arrears, unless otherwise stated.
4.7 Unless otherwise
stated, Usage Charged Accounts are calculated at
the monthly anniversary. All Usage is counted, then
Excess Usage plus Regular Payments are billed for.
4.8 Usage Charges
relating to Traffic are counted for ALL Traffic
that passes from the Escape Network through Your
Internet connection. Unless otherwise stated, only
the "inbound" traffic is billed. That is, all Traffic
from the Internet to Your Internet connection.
4.9 You are responsible
for all Fees incurred through the use of Your account,
regardless of the source of Usage. The Customer
will be responsible for and liable to pay all applicable
charges relating to the Service, including upload
and download traffic, whether such use was made
by: a) The Customer; b) Another person with or without
your knowledge or consent.
4.10 If Your Account
has a Contract period, once the Contract period
has expired, it will be self renewing on a monthly
basis unless otherwise specified.
4.11 If You provide
a credit card, it will be debited on the anniversary
of your service except for ADSL services which will
be billed prior to renewal unless You instruct otherwise.
At least 30 days notice is required if You do not
want a payment to be charged against an existing
credit card.
4.12 Any unpaid monies
owing to Escape may be referred to a collection
agency.
4.13 Any Defined
Abuse that causes significant network issues to
Escape may result in charges to Yourself for Escape's
time.
4.14 Unless otherwise
stated, Invoices for business services may be paid
by Cash, Cheque or Credit Card whilst residential
services must be paid by Credit Card only.
4.15 Dishonoured
cheques will incur a $16.50 administration Fee
4.16 A late fee will be incurred by You if for any reason we have not received Your payment within 7 days of the invoice due date or if we have been unable to debit Your Credit Card; this includes but is not limited to delays because of insufficient funds, expired, lost or stolen Credit Cards. The onus remains with You to notify us of any of these changes prior to Escape debiting Your credit card.
4.17 The late fee is calculated as follows:
If the amount of the invoice is less than or equal to $300 ex GST, then a late fee of $15.00 is charged
If the amount of the invoice is greater than $300 ex GST, then a late fee of 5% is charged
This fee is charged against every outstanding invoice, for each month that it remains unpaid.
4.18 Where the Regular Payment
amount of an Account is pre-paid for a period
of time, in the event that Escape is unable to
obtain payment by the payment method produced
by the customer for Usage charges, Escape may
use the pre-paid amount to offset these charges
and suspend or terminate the service at it's discretion.
Notwithstanding the above, any early termination
or other fees applicable would then be payable
immediately.
4.19 Where an Account is
billed for Peak and/or Off Peak Usage, that means
that any Usage in excess of the included Usage
in either/both Peak or Off Peak time will incur
excess Usage charges.
4.20 If you have a domain registered with us, it will be automatically renewed unless we receive written notification that you wish to terminate it, at least 14 days prior to the expiry date.
5.0 Suspension and Termination
5.1 Section 5.0 applies
to all Accounts.
5.2 You may change
or Terminate Your Account with 30 days notice in
writing, subject to the following:
(i) If You Terminate
Your Account and have pre-paid Fees for a set term,
no refund is payable;
(ii) If You wish to change Your Account You may
do so at the end of a pre-paid period, and You will
incur a plan change Fee on specified products which
can be found on the Escape website; or
(iii) If Your Account has a fixed Contract period,
service cancellation within the Contract period
will incur an Early Termination Fee which can be
found on the Escape website. (Any excess charges
are payable immediately)
(iv) If You wish to terminate Your account, the
balance must be at a nil value, having no outstanding
amounts owing otherwise your account will still
be chargeable, notwithstanding that service may
be suspended during this period of non-payment.
5.3 Escape may initiate Termination of Your services if any Payments Due are not paid to Escape by the due date. The following process will occur:
* In the event that payment is not made by the due date, a late notice email will be sent out
* If payment has still not been received within 7 days following the due date, a late payment fee will be applied to the invoice
* If an invoice remains unpaid 14 days after the due date, the services may be suspended without further notice.
In the event that services are suspended, they can only be resumed after payment in full of all outstanding amounts along with all late payment fees as well as any re-activation fees. Escape reserves the right to only re-activate services going forward on a pre-paid basis.
5.4 Escape may Suspend
Your Internet Access while investigating any complaint
of criminal behaviour or Defined Abuse on Your part.
Escape will monitor or limit the Internet Access
as required by the lawful direction of a competent
law enforcement official.
5.5 Escape may initiate
Termination of Your Internet Access for Defined
Abuse and the following will occur:
(i) Escape will notify
You at the time of Termination;
(ii) Escape will have the right to levy a reasonable
Fee for any costs incurred as a result of the Defined
Abuse.
5.6 Escape is not responsible
for Webpages, email or other data lost as a result
of Your Account being closed.
6.0 Disputing
6.1 Section 6.0 applies
to all Accounts.
6.2 If You are disputing
any matter with the Internet Access provided by
Escape, You can make a formal complaint by following
the procedure detailed in the Complaints Procedure
section below.
6.3 If You dispute
any Payments Due, You are required to pay any outstanding
invoice, with a refund being made in the event that
Your dispute is accepted. Escape will inform You
of the results of the dispute.
6.4 If You dispute
any Payments Due, You may request a detailed Usage
record. The cost of preparing a detailed Usage record
is $80 per hour, with a minimum $80 charge. However,
if the dispute returns in Your favour, there will
be no detailed Usage record Fee.
7.0 Third Parties
7.1 Section 7.0 applies
to all Accounts.
7.2 Third party carrier
costs for call connection Fees from Your modem/router
to Your Escape dialup number are Your responsibility.
You are responsible for checking with Your telecommunications
provider that the cost of the phone call from the
modem/router to Escape is not at a long distance
rate.
7.3. To the fullest
extent permitted by law You release and indemnify
Escape and its suppliers from all liability, loss,
expenses, damages and costs incurred, (including
liability from third party claims) arising from
or in connection with any possible disruption or
cancellations of phone line services.
8.0 Additional Clauses for Broadband Accounts
8.1 Section 8 applies
to All Broadband services except Rocket DSL services
which are also covered by seperate Terms & Conditions.
8.2 Broadband ADSL
is only available in specific areas. Your nominated
Broadband ADSL line is subject to a Full Service
Qualification as not all telephone lines are compatible
with Broadband ADSL. Approved lines require a Provisioning
period before the Account can be Activated.
8.3 The installation
of Broadband ADSL may cause minor disruption to
Your standard telephone service.
8.4 Included in Your
Broadband Account is the conversion of Your nominated
phone line to provide ADSL capability. Upon Account
Activation, You will be sent an information pack
with details of how to setup Your service. Any requested
hardware will be included (at the specified rates).
8.5 An ADSL modem/router
is required to operate Your Broadband service. You
may either:
(i) Purchase an ADSL
modem/router from Escape; or
(ii) Provide Your own compatible ADSL modem/router.
8.6 Your Broadband
connection will require a network access point and
a telephone wall socket. If You will be purchasing
an Ethernet ADSL modem/router, You will require
an Ethernet Card to connect this modem/router to
Your computer. If You will be purchasing a USB ADSL
modem/router, You will require a USB port to connect
this modem/router to Your computer. If You require
a filter, an RJ12 wall socket or converter will
be needed.
8.7 Escape supplied
modem/routers are not supported under the following
circumstances:
(i) You running internal
modem/router software other than that provided with
the modem/router;
(ii) You running internal networks on our internal
modem/router software; or
(iii) Macintosh Operating systems below 8.0.
8.8 Any ADSL modem/router
purchased by You from Escape is covered under the
full manufacturers warranty. You should take all
due care during electrical storms that Your modem/router
is turned off at the power supply, as this damage
is not covered under Your warranty.
8.9 Unless otherwise
stated, all Broadband Accounts require valid credit
card details. These details will be used for the
Setup payment, hardware purchased, Regular Payments
and Usage charges on all future invoices.
8.10 Invoices unpaid
prior to 14 days before renewal, will be suspended
without written notice. If an invoice remains unpaid
at 7 days before renewal, Your Escape Account will
be cancelled and ADSL will be cancelled from Your
nominated line.
8.11 Unpaid Broadband
Fees owing to Escape will be referred to a collection
agency and You will be liable for Fees arising from
any necessary debt collection.
8.12 You may change
Your nominated ADSL line if the following conditions
can be met. If they cannot be met and You wish to
cancel Your Broadband Account as a result, Fees
will be applicable as per 8.14. A relocation Fee
will be applicable if these conditions can be met:
(i) Your new line
lies within an Escape ADSL enabled area; and
(ii) Your new line obtains full service qualification
approval.
If a free port is
not available in Your local exchange at the time
of Your application, Your application to upgrade
Your line will be placed in a waiting list and provisioned
when a port is free. Escape is not liable for any
losses You may suffer because of this.
8.13 You may transfer
from any Account within one plan table to another
Account within the same plan table and a plan change
fee will apply. (See the Escape Website for details)
If You wish to transfer from an Account within one
plan table to an Account within another plan table,
there may be some disruption to your service and
a new connection required. There would also be fees
for this change of service.
8.14 If You cancel
any Broadband Account, the following cancellation
Fees apply:
(i) Before ADSL Line
Completion: $165 administration Fee;
(ii) Within 6 months of ADSL Line Completion: No
refund on prepaid amounts plus the remainder of
the contract's Regular Payment Fees plus an Early
Termination Fee;or
(iii) After 6 months
of ADSL Line Completion: No refund on prepaid amounts.
8.15 If Your ADSL
enabled phone line is cancelled with Your telecommunications
provider for any reason, this event is between Yourself
and Your telecommunications provider, and Escape
is not party to the event. ADSL is removed from
the line as a consequence of this event. If You
wish to have ADSL reinstalled on the line it will
be Your responsibility to have the line reconnected
at Your own cost, and You will be required to pay
Escape a reconnection Fee. Failure to reconnect
the line will result in cancellation fees as per
clause 8.14.
8.16 In the event
Your use of the ADSL services interferes with our
suppliers' network or systems, Escape or the supplier
may cancel the ADSL service without notice or compensation.
You may be liable for any cancellation fees as per
clause 8.14.
8.17 Broadband is
provided without warranty that it is fault free
or continuous, and Your connection may at some time
fault either line synchronisation or communications.
In this event please contact Escape. Fault resolution
will normally occur within 72 working hours from
notification. Depending on the nature of the fault,
fault relief may take longer. Escape is not liable
for any loss of revenue You may suffer as a result
of this downtime.
8.18 Escape offers
a dialup account as either a backup measure to Your
ADSL or for when you are away from Your ADSL connection,
whereby You may dial-up via a standard analog modem
(supplied by Yourself) to connect to the Internet.
Your Internet Access Usage against the modem dial-up
will be at a cost per hour of use. (See the Escape
Website for details)
8.19 Escape does
not guarantee Your connection will achieve the theoretical
maximum stated in the connection speed at any given
time as variables such as signal strength, distance
from exchange, traffic and load have an influence
the connection speed.
8.20 The download
speed of Broadband services is subject to variation,
dependent upon factors such as network load as well
as general traffic congestion on the internet.
8.21 Broadband Accounts
may or may not be provided with static IP Addresses
(see Escape site for details).
8.22 The Broadband
Accounts which come with a Static IP address may
be suitable for hosting externally accessible servers.
8.23 From time to
time, Escape may need to block ports for the security
& reliability of the network.
8.24 It is Your responsibility
to ensure Your connection is secure. Escape is not
liable for any breaches because the security of
Your computer has been compromised. Escape recommends
some form of PC protection such as firewall software
be installed.
8.25 Modifications
to Your Broadband Account may require a Provisioning
period, and the modifications can cause downtime.
Fees may be applicable.
8.26 Changes to the
account holder details of the nominated telephone
line will not be able to be made with Your telecommunications
provider when ADSL has been provisioned on the line
without a reconnection Fee being applied. Downtime
would also result in this circumstance. 8.27
Regular telephone service charges are not part of
Escape's Broadband service, and are payable to Your
telecommunications carrier direct.
9.0 Additional Clauses
for Telephone Services
9.1. You acknowledge that
although we will take all reasonable steps to ensure
you receive the voice service all of the time, the
voice service is not free from faults or interruptions.
Certain factors, such as network congestion, maintenance,
technical capabilities, geographic factors, obstructions
or interference may mean you will not receive the
voice service at certain times.
9.2. When using this service,
you will ensure that you and others comply at all
times with all laws and obligations, regulations,
codes or determinations or any other requirements
of any government or statutory authority, including
licence conditions, applicable to the services and
their use. Failure to comply with any licence, permit
or authorisation relating to the connection of equipment
to the Service Delivery Point or use of the services
may result in immediate termination of the agreement.
9.3. We may ask you to pay
a deposit for some or all of the service charges
in advance, in order to receive or continue receiving
your service. You are still required to pay us your
monthly charges.
9.4. Fees and charges applicable
to your service will commence from the date of signup.
You must pay hardware and services charges (and
taxes) together with any additional charges applicable
to your service.
9.5. We will email an invoice
to you no less frequently than monthly. All fees
and charges will be billed to your nominated credit/charge
card. If we are unable to debit your credit/charge
card, you will incur extra charges.
9.6. We can decide that
you have a credit limit. If so, we will tell you
what that credit limit is. If you exceed the credit
limit, we may suspend the service until you pay
all call charges.
9.7. Your term begins when
you signup and continues for the period of time
until you disconnect. Should your details change
at any time, you must notify us immediately. If
you want to discontinue your connection, you must
give us 30 days written notice.
9.8. You acknowledge that
your use of the service is bound by these terms
and conditions in conjunction with the details of
the telephone service as described on the Escape
website located at www.escapenet.com.au.
9.9. Rates are subject to change at any time however we will notify you when these changes occur and billing based on the new rates will commence from that notification.
9.10. Where you are receiving a discounted rate for a service that is bundled with a telephony service, in the event that the telephony service is terminated or suspended, you will be charged the normal retail price for that service from the date that the telephony service ceases. 10.0 General Agreement
10.1 Section 10.2
applies to all Accounts.10.2 You
indemnify and agree to keep indemnified Escape from
and against all actions, claims, suits, demands,
liabilities, costs or expenses arising out of or
in any way connected to Your use of the Internet
Access. This indemnity is a continuing obligation
separate from Your other obligations under the Contract
and will continue despite termination of the Contract
for whatever reason.
Passwords
Your password is
the means by which you secure your account from
unauthorised usage. Your password is known to Escape
and our staff for the sole reason of helping you
with access problems and will not be disclosed to
any person by Escape staff without your consent.
Please note that your password is a shared secret
with Escape, and it is in your interests to change
the password regularly (on specified Accounts).
Privacy
i. Escape will not provide
any information which you give us to any other
organisation or individual without your express
permission or legal compulsion such as a Court
order.
ii. Escape will comply with the Federal Privacy
Commissioner's prevailing Privacy Principles in
all respects, and in particular will not misuse
your personal information for marketing.
iii. As part of routine administration, Escape
collects system status information such as login
times and help desk records. These are not on-sold
or disclosed to others except as required in paragraph
1.
iv. All clients may request access to the personal
details collected by Escape in relation to themselves
and the use of the Account owned by them. Escape
wishes to ensure that such details are always
correct and up-to-date, and will amend any inaccuracies
or changes to details on request.
v. By law, Escape must retain some client details
for a minimum of 5 years. However, Escape does
not retain clients personal information longer
than is necessary for the purposes of compliance
with the law and routine administration.
vi. If Escape is ever sold to another organisation,
the new owners must also comply with this privacy
policy.
vii. Escape keeps client information on controlled
facilities which are secured against unauthorised
access. Proof of identity will be required before
information is released to any person, including
the client.
viii. Escape typically communicates with its clients
by email, and sends all clients a newsletter approximately
once per month. In exceptional circumstances,
urgent notifications may also be sent out by email.
ix. Escape is constantly improving and enhancing
its services to clients, and may update this privacy
policy as required. Any changes to the policy
will be advised to clients in our regular newsletter
and by updating this page on the Escape web site.
x. Notice of disclosure
of your credit information to a credit reporting
agency
(Privacy Act 1988)
Escape may give information about you to a credit
reporting agency for the following purposes:
· to obtain a consumer credit report about
you, and/or
· allow the credit reporting agency to
create or maintain a credit information file containing
information about you.
This information is limited to:
· identity particulars - your name, sex,
address (and the previous two addresses), date
of birth, name of employer, and
drivers license number
· your application for credit or commercial
credit - the fact that you have applied for credit
and the amount
· the fact that Escape is a current credit
provider to you.
· loan repayments which are overdue by
more than 60 days, and for which debt collection
action has started
· advice that your loan repayments are
no longer overdue in respect of any default that
has been listed
· information that, in the opinion of Escape
you have committed a serious credit infringement
(that is, acted fraudulently or shown an intention
not to comply with your credit obligations)
· dishonoured cheques - cheques drawn by
you for $100 or more which have been dishonoured
more than once
xi. Period to which this
understanding applies
This information may be given before, during or
after the provision of credit to you.
Complaints procedure
If you wish to make
a complaint about Escape, our services or any associated
matter, you may contact us by telephone, email,
letter or facsimile. We do not require complaints
to be in writing. Wherever possible, complaints
will be dealt with promptly, and you will receive
a response within 5 working days.
ACCEPTABLE USE POLICY
This is Escape's Acceptable
Use Policy (AUP). This policy applies to all users
of any Escape network Service regardless of the
size, nature and location of the Customer.
1 |
The Customer
must take all reasonable measures to prevent
unauthorised access to the Escape network, Escape
services, the Customer's network and the Customers
service's. |
2 |
The Customer
must comply with all applicable local, state,
Commonwealth and international laws. |
3 |
Minors
must be supervised by a parent, teacher or other
responsible adult at all times while using the
Service as Escape is not responsible for Internet
content that may be viewed using this service. |
4 |
The
Customer may not use the service in a manner
which may disrupt the performance, reliability,
security or operation of any other Escape
services or which may interfere with any other
Customers' use of the Escape network and services.
Activities which the Customer is forbidden
from engaging in include, but are not limited
to:
- the
distribution of messages to inappropriate
or unrelated forums, newsgroups or mailing
lists (`spamming');
- the
sending of unsolicited bulk messages or
unsolicited commercial messages;
- the
sending of messages to individuals who have
indicated that they do not wish to receive
messages;
- the
propagation of chain letters;
- the
collection of responses including, but not
limited to, web page or image views, email
messages or news posts, from unsolicited
bulk messages or unsolicited commercial
messages sent from any Internet service
which violate this AUP;
- the
forging, alteration or removal of electronic
mail or newsgroup headers;
- the
sending of numerous copies of the same or
substantially similar message, large messages
or files, to a recipient with the intent
of disrupting a server, account, or service
('mail bombing');
- the
posting of a large number of messages or
amounts of text in newsgroups or chatrooms
with the intent to disrupt discussion or
the service of other users ('flooding');
- the
propagation, intentionally or unintentionally,
of computer worms, viruses and other types
of malicious programs;
- transmissions
of any type or quantity which adversely
affect Escape's operation or jeopardise
the use of Escape's service, or its performance
for other subscribers; and
- harassment
or impersonation of Escape or other users.
|
5 |
The Customer must not illegally use any process,
program or tool via the Service for breaking
or accessing the passwords of Customers on Escape's
or any other Internet Service Provider's systems. |
6 |
The Customer must not download, reproduce, distribute,
transmit, publish, copy, transfer or commercially
exploit any information, data, text, graphic,
audio or other like material accessed through
or received from the Service that may infringe
the intellectual property rights of any person.
|
7 |
If the Customer is a commercial Content or Internet
Service Provider, then;
i. the Customer has
legal responsibilities in relation to the
provision of content under Federal, State
and Territory laws concerning content that
is intended to be provided to the public from
within Australia. Information relating to
these legal responsibilities may be accessed
from the Internet Industry Association website,
http://www.iia.net.au;
ii. any content that is deemed unsuitable
for children should be so labeled. Information
on the labeling is available on the Internet
Industry Association website http://www.iia.net.au;
and
iii. the Customer must provide information
about filtering software, labeling systems
and filtered Internet carriage services. This
may be provided through links on the Customer's
website to organizations such as the Internet
Industry Association, the Australian Broadcasting
Authority, or NetAlert.
|
8 |
Escape
expressly prohibits the service from being used
to host, access, support or store illegal content
or activities, including, but not limited to,
the hosting, download, reproduction, distribution,
transmission, publishing, copy or transfer of
pornographic, racist or homophobic material.
|
9 |
The
Customer must ensure that the content hosted
on Escape's servers as part of the Service,
coupled with any programming or software code,
does not contain any defects or other code that
is intended or is likely to:
i. cause the hosted content to cease being operational,
ii. cause any damage to or interfere with the
content or information stored on the Escape
hosting platform, or
iii. violate any of the Terms or Conditions.
|
10 |
The Customer acknowledges that information available
through Escape from the Internet may not be
accurate, that some of the information available
through Escape from the Internet may be intended
for adult audiences and that Internet communications
are not secure or private and may be subject
to delay, caching, redirection, interception
or loss. Escape is a service provider, and as
such is not liable for the content transmitted
end-to-end, and disclaims any liability for
any material on the Internet that the Customer
finds upsetting, defamatory or personally offensive. |
11 |
The
Customer acknowledges that the Internet is not
an inherently secure system and undertakes responsibility
for the protection of his/her/its data stored,
or conveyed on the Escape network. The Customer
acknowledges that the Internet may contain viruses
(including other destructive programs) that
may, if not eliminated, destroy parts or all
of the data contained within the Customer's
system. The Customer further acknowledges that
Escape has no control or authority over these
viruses and is not liable for any damages that
such viruses may cause. |
12 |
To ensure that this policy is followed, Escape
may monitor the content of traffic over the
Service whilst safeguarding the Customer's privacy,
unless in doing so, Escape consider this action
to constitute concealment of a criminal offence
or to inhibit the enforcement of this policy.
If Escape considers the Customer's use of the
Service does not comply with this policy, Escape
will attempt to contact the Customer before
taking any corrective action. Escape reserves
the right to terminate the Customer's account
and/or notify the authorities if Escape believes
that the Customer's use of the Service constitutes
a criminal offence. |
13 |
Escape
reserves the right to update these Terms and
Conditions (or AUP) without notice, prejudice
or exclusion as and when required. Any such
updates will be published to the Escape Website
(http://www.escapenet.com.au) and will be deemed
to be immediately active and enforceable upon
publication. |
|