ECN Agreement & Disclaimer

I. RESPONSIBILITIES OF SUBSCRIBERS

A. Account

1. Accounts are expressly limited to the individual subscriber. The subscriber hereby agrees to bear sole responsibility for all use of his/her account and for the confidentiality of his/her password. ECN Internet will suspend access or change access to the subscriber’s account immediately upon notification by the subscriber that his/her password has been lost, stolen or otherwise compromised.
   
2. To cancel an account, the subscriber agrees to contact ECN Internet in writing by fax or post Termination of an account will be effective on the day that ECN Internet receives the subscriber’s correspondence directing ECN Internet to cancel the account. The subscriber will be liable for any charges incurred by the subscriber until such effective date. The subscriber further undertakes to promptly inform ECN Internet of: (i) changes in a home or billing address; (ii) breaches of security, including loss, theft, or unauthorised disclosure or use of a credit card, id, or password. Until ECN Internet is notified of a breach of security, the subscriber will remain liable for any unauthorised use, charged to his/her account.
   
3. The subscriber agrees to pay ECN Internet all charges relating to the use of his/her account, in accordance with the rates and prices published at the time of subscription. ECN Internet reserves the right to charge additional fees for new services added after subscription is commenced. ECN Internet reserves the right to change its rates, prices and services at any time, effective upon a 30-day written or electronic notice to current ECN Internet subscribers.
   
4. The subscriber in the signing of this agreement hereby authorises ECN Internet to apply all incurred fees to his/her account. The subscriber agrees to be fully responsible for all charges.
   
5. The subscriber is responsible for all charges relating to the use of ECN Internet, including but not limited to all telecommunication costs.

1. Subscribers are prohibited from posting any unlawful, libellous, threatening, abusive, disruptive or obscene material or message that would violate the rights of any person or constitute a criminal offense, or otherwise violate any local, state, national or international laws.
   
2. The subscriber is prohibited from reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files in which the author has given the subscriber express consent to copy and redistribute online or otherwise, may be transferred through ECN Internet, including any software files or libraries.
   
3. ECN Internet may terminate an account if it believes, in its sole discretion, that the subscriber has violated any of the rules of online behaviour.

  II. REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENT

1. 1. The subscriber hereby warrants that all material that is submitted for publication or posting on ECN Internet will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. The subscriber hereby agrees and acknowledges that he/she will not hold, nor seek to hold, ECN Internet liable for the loss of data or the misappropriation or infringement of any intellectual property right to which the subscriber claims ownership.
   
2. If ordering merchandise and/or services from anyone other than ECN Internet, through any services accessible via ECN Internet, all transaction terms are solely between the subscriber and the seller of the merchandise or services. ECN Internet makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services.
   
3. The ECN Internet service is 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 ECN Internet or any information or software therein. Under no circumstances, including negligence, shall ECN Internet be liable for any incidental, special, or consequential damages that result from the use of or inability to use ECN Internet. Nor shall ECN Internet 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 caused by events beyond ECN Internet’s reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorised access to ECN Internet records, programs, or services. In no event shall ECN Internet’s total liability for total damages, losses, and causes of action exceed the aggregate dollar amount paid under the agreement.
   
4. The subscriber agrees to indemnify and hold ECN Internet, it’s parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney’s fees, related to any violation of this agreement, including any abusive or unlawful behaviour on the part of the subscriber or the subscribers dependents, employees/agents or the infringement of any intellectual property or privacy right of any person.
   
5. If the subscriber is younger than 18 years of age as at the date of this agreement, a parent or legal guardian must enter into this agreement and assume responsibility for all aspects associated with the use of ECN Internet.
   
6. This agreement will remain in effect until either party elects to terminate the agreement in accordance with the terms of this agreement, or unless and until ECN Internet notifies the subscriber that a renewal agreement must be entered.
   
7. ECN Internet has the right to review and/or remove client world wide web pages based on content or usage.
   
8. This agreement will be governed by and construed in accordance with the laws of the State of Queensland.
   
9. Internet access accounts are limited to single use only. Accounts are not permitted to be used for multiple access concurrently under any circumstances.
   
10. E-Mailing of Unsolicited email (spam) is strictly prohibited. ECN Internet reserves the right to remove and/or suspend access to clients sending bulk unsolicited emails.
    
11. All Dial-Up Internet accounts are subject to Acceptable usage limits. These include but are not limited to online time and data transfers. Line camping (the process of continually staying connected or reconnecting) is prohibited.