I. RESPONSIBILITIES OF SUBSCRIBERS
B. Rules of online behaviour
- 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 subscribers account immediately
upon notification by the subscriber that his/her password
has been lost, stolen or otherwise compromised.
- 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 subscribers 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
- 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.
- 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
- The subscriber is responsible for all charges relating
to the use of ECN Internet, including but not limited to
all telecommunication costs.
- 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.
- 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.
- 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
11.1. All Clients
are subject to acceptable usage limits.
- 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.
- 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
- 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 Internets 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 Internets
total liability for total damages, losses, and causes of
action exceed the aggregate dollar amount paid under the
- The subscriber agrees to indemnify and hold ECN Internet,
its parents, subsidiaries, officers and employees,
harmless from any claims and expenses, including reasonable
attorneys 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.
- 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.
- 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
- ECN Internet has the right to review and/or remove client
world wide web pages based on content or usage.
- This agreement will be governed by and construed in accordance
with the laws of the State of Queensland.
- Internet access accounts are limited to single use only.
Accounts are not permitted to be used for multiple access
concurrently under any circumstances.
- 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.
- 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.