Inappropriate Behaviour

BBW Telecom reserves the right to refuse service to any person for inappropriate
behaviour. Our Customers agree to follow these policies regarding Internet use.
Currently these policies prohibit but are not limited to:

1. Any use which violates any applicable local, state, or commonwealth law of Australia, including but not limited to copyright, trade secret, or criminal laws is strictly prohibited.
2. System abuse is strictly prohibited. BBW Telecom may terminate or modify service immediately and may bill for any resulting support charges if the client engages in system abuse. Following is a list of actions which are defined to be system abuse. This list is non-exclusive; any action about which there is any doubt should be referred to BBW Telecom for evaluation.
3. Actions which constitute system abuse include, but are not limited to:
• attempting to circumvent user authentication or security of any host, network, or account on BBW Telecom systems or the Internet at large ("cracking");
• attempting, in any way, to interfere with or deny service to any user or any host on the Internet;
• forging email or USENET posting header information;
• sending large numbers of unsolicited mail messages (i.e. "junk mail"); this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee.
• forwarding or posting "chain letters" (multiple forwarding) of any type;
• posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose;
• attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own;
• engaging in harassment, whether through language, frequency, or size of messages;
• using an account at another provider to promote an BBW Telecom Web site in an abusive manner;
• using an BBW Telecom account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider;
• use of an auto-redialer to reconnect an unattended connection;
• use of pinging software to maintain an unattended connection;
• reselling BBW Telecom services to third parties who do not abide by these guidelines.
4. Any use to make unauthorized entry to other computers, computer information, or communication devices or resources is strictly prohibited.
5. Uploading files without the consent of the copyright or patent owner is strictly prohibited.

Should any action by any Customer in violation of these limitations or policies result in a disruption or interference with BBW Telecom's network operation, the Customer will be disconnected from further service without notice and will be completely liable for all charges and fees resulting from these violations.

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Payments, Fees, Cancellation and Collections Procedures

Currently these policies require but are not limited to:

1. Payment in advance is required for all plans and is due by the anniversary of their signup date for the next period of service. All sales are in monthly increments. Monthly, semi-annual, and annual payment plans are available.
2. Accounts choosing direct withdrawal from their bank authorize BBW Telecom to deduct the appropriate monthly fee from their nominated account and commit to maintaining a balance sufficient to cover all withdrawals.
3. All accounts that are 14 days late on their payments will be put on hold (denied access) until full payment is received. In the case of returned cheques BBW Telecom reserves the right to wait until the new cheque clears the customers bank before restoring service.
4. All accounts that are 90 days late on their payments will be deleted from the BBW Telecom server and the records sent to collection and credit agencies.
5. If a payment for any monthly, semi-annual, or annual plan is 30 days or more past due, the payment will be applied to all outstanding balances and late fees first. The standard monthly rate in effect will be applied on all late payments first, then the late fees. Any remaining balance will be applied towards the next month's payment at the standard monthly rate.
6. FEES SCHEDULE:
• A $5.00 fee will be assessed all accounts 14 days past due on their accounts.
• A $30.00 fee will be assessed for returned cheques.
• A $10.00 fee will be assessed for declined credit card payments.
• A $50.00 fee will be assessed on all accounts sent to collection.
7. BBW Telecom may change any fee, rate, or package at any time without notice.
8. BBW Telecom cannot be held responsible for long distance call charges incurred by modem connections outside the local calling area of the customer. It is the responsibility of the customer to determine whether long distance charges will apply when dialling BBW Telecom.
9. Customers wishing to cancel accounts must email or write to the BBW Telecom office of that intention. There is no other reliable way to cancel an account.

1.       The BBW Telecom office is located at 1st Floor, 29 Elizabeth St, Hobart, Tasmania, 7000

2.       Email can be sent to accounts@bbwtelecom.net.au

3.       The customer is encouraged to keep a copy of their cancellation letter or email as proof of cancellation request.

4.       Customers attempting to cancel by phone should be aware that there may be no proof of cancellation available to them.

5.       Monthly accounts automatically renew and charges are automatically due for the next month unless the BBW Telecom office is notified by email or letter of customer's intent to cancel.

6.       The entire month's service is purchased no matter when during the month the customer cancels.

10. Upon cancellation of an account by a customer, all unpaid charges are immediately due and payable. An account that is deleted from our system with current charges unpaid is immediately sent to collection. It is the customer's responsibility to avoid the collection process by paying, immediately upon cancellation, all unpaid charges incurred, including all late fees, returned cheque charges and credit card decline fees. Charges will continue to accrue until all unpaid fees are paid or account is sent to collection.
11. BBW Telecom uses a two tier collections process. Tier one involves sending notices of past due to the customer's last known address. If we do not get a response from the overdue account it moves to tier two which involves an extended effort to contact the customer by phone. When an account moves to tier two collections, BBW Telecom reserves the right to double the amount due and assign the account to the collections agency to prosecute in small claims court.
12. In the case of domain name hosting, BBW Telecom reserves the right to withhold transfer of the domain to another ISP if the accumulated fees for that site have not been paid in full. Additionally, if fees are outstanding more than 14 days BBW Telecom reserves the right to disable that site and display on that site the reason for disablement as non payment of hosting fees.
13. Requests for transfer of dns to a non BBW Telecom service require written authorization by the BBW Telecom owner of record. BBW Telecom strictly limits it's involvement in transfer of dns to non BBW Telecom services to replying either positively or negatively to the request for dns transfer.
14. BBW Telecom have every intention to keep all aspects of Customer accounts private, but it is impossible for BBW Telecom to guarantee that any activity done while using it's service will be completely private. Customers can increase their level of privacy by using data encryption. Privacy is not guaranteed. Customers are responsible for their Internet accounts. We encourage you to change your password often to enhance security and prevent unauthorized use of your account.
15. Customers under 18 years of age may not apply for this service without parental approval.
16. Customers specifically agree to defend, indemnify, and hold harmless BBW Telecom, it's agents, officers, directors, employees, successors, and assignees, from any claim, loss, or damage, including costs and attorney fees, arising out of or related to any act of omission of the Customer under this agreement, including without limitation the Customers causation of such damages or injury, directly or indirectly, to any party.

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Denial of Access to an Account

Reasons for denying a customer access to their account (account is on hold)
and/or disabling their domain hosting site include but are not limited to: (hosting
sites disabled for non payment of hosting fees will have a sign to that effect
displayed on their site until fees are paid)

1. Method of payment is Invoice and no payment has been received 14 days after the due date.
2. Account is a new sign up on Invoice method of payment and no payment has been received at the BBW Telecom office by the seventh day after activation.
3. Method of payment is credit or debit card and card is declined, rejected or bad account number.
4. Method of payment is automatic withdrawal from bank and payment is refused for insufficient funds or closed account.
5. Method of payment is Invoice and cheque is returned NSF (insufficient funds) or account closed.
6. Account has been implicated in spamming or other illegal activities.
7. Customer representing account has demonstrated obnoxious or abusive behaviour towards other Internet customers, BBW Telecom employees or services hired by BBW Telecom.

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Troubleshooting limitations:

When a customer calls BBW Telecom offices or help desk for help with their computer configuration it is assumed by BBW Telecom personnel:

1. The customer assumes all liability for the outcome of all troubleshooting activity..
2. All software and hardware involved is owned by and is the responsibility of the customer.
3. BBW Telecom employees will try and help the customer but they are not experts in all software/hardware combinations and are merely helping at the sole request of the customer.
4. BBW Telecom takes extreme precautions to ensure the quality of any software distributed on writable media (diskettes. writable CD ROM, etc) including virus scanning using McAfee Virus Scan and Norton Virus Scan with the latest virus update files. However, once software on writable media leaves BBW Telecom offices, BBW Telecom no longer has control of that software and the customer assumes full responsibility for Quality Control, including virus scanning, prior to using the software.
5. BBW Telecom does not produce any software for direct customer consumption and assumes no responsibility for the accurate working of any third party software.
6. BBW Telecom sells only connectivity to the Internet, web site hosting and selected Internet related software. The correct concern of troubleshooting by BBW Telecom employees is limited to connection of the customer to the Internet, web site hosting and selected Internet related software.
7. Customers who load files to their web sites, either their free web space associated with their basic dial up accounts or the web space associated with their virtual domain, are advised to keep a current copy of those files locally on a non dynamic (static) medium such as diskettes, Zip disks, CD-ROM etc. BBW Telecom does not make backup copies of customer files and our technical staff will need the customer's files in the event they are erased or corrupted on the server.
8. It is the customer's responsibility to monitor the amount of disk space being used on their BBW Telecom account. Results both in web site function and email function can be unpredictable if space limits are exceeded. BBW Telecom provides all customers with web based functions that display information about a customer's account including how much disk space is being used. The customer assumes all liability for using this software. The customer should set their email client to delete messages from the server after a certain number of days. Since the size of email messages received and the amount of disk space reserved varies widely from customer to customer, it is the customer's responsibility to set the time limit to delete old email to the appropriate level.
9. The 'always on' nature of BBW Telecom's permanent or semi permanent dial up or ADSL accounts requires extra caution by the customer to prevent computer hacking attempts on their computer software. It is the customer's responsibility to purchase, use and keep updated appropriate software firewall products and to ensure that there computer operating system is correctly configured for maximum security. Customers are also urged to shut down their computers when not in use to limit the time their computers are exposed on the Internet.

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Virus Control Policy

It is the customers responsibility to ensure that they maintain their computer virus free via the use an appropriate up to date anti virus programme, by careful use of e-mail attachments and appropriate firewall protection where necessary.
BBW Telecom cannot guarantee that email or any attachment to it is free of computer viruses or other conditions which may damage or interfere with data, hardware or software with which it might be used. Email is sent on the strict condition that the user carries out and relies on its own procedures for ensuring that its use will not interfere with the recipients systems and the recipient assumes all risk of use and absolves the sender of all responsibility for any consequence of its use.

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Agreement conditions:

These are the Agreement Conditions on which we will provide you with access to the Internet.

Some of the words used in these Agreement Conditions have particular meanings, which are set out below.

These Terms and Conditions contain the entire agreement between you and us. It sets out the only matters relied upon by you and us and supersedes all earlier matters between us.
Meanings

• "agreement" means the BBW Telecom - Internet Service Agreement, Customer Info Sheet and these Terms and Conditions.
• "Force Majeure" means any circumstance beyond our reasonable control which results in us being unable to provide the Services as required by this agreement.
• "Internet" means the worldwide connection of computer networks providing further transmission of electronic mail, online information, information retrieval and file transfer protocol.
• "Service" means interactive dial-up access to our connection to the Internet.

Term of Agreement

This agreement will continue indefinitely after the expiry of the Initial Term unless it is terminated by either you or us by giving the other party 30 days' written notice of termination.
Providing the Service

We will provide you with the Service in accordance with this agreement by such means as we determine. The Service is not fault free but we will endeavour to ensure that and you receive the same quality of service as we provide to our other customers. We will inform you if the Service is unavailable for access due to maintenance. We will provide you with all identification and log in information required for connection to the Service. We may retain and access any data or information concerning the use of the Service.
Access to the Service

1. You will provide the telephone line, modem, computer, hardware, software
   and all other equipment necessary to access the Service.
2. You will not assign, sell, delegate, alienate or transfer or otherwise dispose
   of in any way your obligations under this agreement.
3. You will be responsible for maintaining the secrecy and confidentiality
   of your log in information.
4. You will not disclose to any other person, corporation or entity or organization
   any identification or log in information relating to the Service or us.
5. You will be liable for all charges resulting from the use of the Service
   accessed through your identification or log in information whether or not
   you authorised the access.
6. You will be responsible for any charges or misuse of the Service which result
   from your disclosure or loss of identification or log in information. If you
   disclose or lose your identification or log in information you should immediately
   advise us.
7. Any bill we presented will be deemed to be correct and prima facie evidence
   of all connections, access, usage and other fees incurred by you.
8. We will erase your identification or log in information within 7 days of
   termination of this agreement or after we receive a written request to do
   so from you.

Use of Service

While using the Service you will:

1. only use software that you are legally entitled to use and not use any software
   in breach of copyright;
2. not interfere with or disrupt Internet users, Service providers, their computers,
   software or hardware. This includes not circulating any unsolicited publicity
   or advertising material, propagation of computer worms or viruses, using the
   Service to make an unauthorised access of any other computer accessible by
   the Service, sending harassing, obscene, indecent, offensive or threatening
   electronic mail, forgery or attempted forgery of electronic mail messages
   and the placement, transmission or storage of any defamatory material on the
   Internet;
3. not engage in any bulk transmission of messages to unsuitable Internet users
   or Service providers;
4. not access, or permit any other party to access, the Service for any purpose
   or activity of an illegal, fraudulent or defamatory nature;
5. not reproduce, distribute, transmit, publish, copy, transfer, or commercially
   exploit any information accessed through or received from the Service that
   would be an infringement of any copyright, patent, trade mark, design or other
   intellectual property right;
6. prepare and maintain sufficient back-up files and data storage capacity
   for your data including electronic messages.

You understand that:

1. there is not and cannot in any way be any supervision, editing or control
   of the content or form of any information or data accessed through the Service
   and you shall not be hold us responsible in any way for any content or information
   accessed through the Service;
2. there is no liability to us for any material on the Internet that you find
   offensive, upsetting, defamatory, personally offensive or in any way unsuitable
   for any person whether under or over the age of 18;
3. there is no responsibility for us to provide training in the use of the
   Service.

Withdrawal of Access

We may withdraw your access to the Service without notice if:

1. you fail to comply with these Terms and Conditions; or
2. the agreement is terminated.

Paying Our Charges for the Service

We will send by mail every month (Statement Account Customers only) or make available to you via the internet an invoice (both Statement and Credit Card Customers) for the Service.
You must pay us the amount set out in the invoice which will be calculated in accordance with the Charges which are detailed Customer Info Sheet. These Charges may be changed at any time by us. We may increase or decrease the charges and or the hours of access per month for which the charge rate applies. We will inform you in advance of any changes in Charges and your continued use of the Service will be deemed acceptance of any such change.
Credit Card and Direct Debit Customers - must pay by direct debit from your bank account or by credit card. You must sign any other documentation required by your bank to allow the direct debit from your bank account or credit card. Your bank account or credit card will then be debited by us each month in the amount of your invoice. If your bank account or credit card is cancelled or valid fees are unable to be debited from your bank account or credit card, we will immediately withdraw your access to the Service.
The Charges are exclusive of any taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the Service. You will be liable for any new taxes, duties or charges imposed after the date of this agreement in respect of the Service.

Indemnity and Limitation

You must indemnify us, our employees and agents against any loss, damage, liability, expense, cost or charge arising from or incurred in connection with any fault in the Service due to your breach of this agreement, negligence or wilful misuse or any unauthorised use of the Service.
To the maximum extent permitted by law, our liability and that of our employees and agents in connection with this agreement (including liability for negligence) is limited to:

1. in the case of goods supplied in connection with this agreement, the replacement
   or repair cost of the goods (which ever is the lesser); and
2. in the case of Services provided in connection with this agreement, the
   cost of supplying the Services again.

The agreement is qualified by any provisions of a statute which apply to the agreement and which cannot be excluded.

This clause applies even after the Service is terminated

Termination of Agreement by Us

We may terminate this agreement if:

1. you are in breach of this agreement for more than 30 days;
2. you become or threaten to become insolvent;
3. you are a partnership and that partnership dissolves or threatens to dissolve;
4. you become mentally incapacitated or a trustee is appointed to administer
   your estate.

If this agreement is terminated by us, we may:

1. retain any monies paid;
2. charge a reasonable sum for work performed in respect of which sum has not
   been previously charged;
3. be regarded as discharged from any further obligation under this agreement;
   and
4. pursue any additional or alternative remedies provided by law.

Termination of the Agreement by You

If you wish to terminate this agreement you will have to inform us in writing.

You may terminate this agreement if the Charges are increased by us or by giving 30 days' written notice at any time after the expiry of the Initial Term. If you wish to terminate the agreement because we increase the Charges you will have to do so immediately you are informed of the increase in Charges.

If you terminate this agreement before the end of the Initial Term for any reason except because the Charges were increased by us then you will have to pay to us the total of the minimum monthly payment for each month and part month from the date you terminated this agreement until the end of the Initial Term.

If you terminate this agreement because we increase the Charges then you will only have to pay us the total unpaid Charges up to the date the agreement is terminated.

There will be no refund of payments made under this agreement.

Force Majeure

We have no liability for any delay or failure to perform our obligations under this agreement if such delays are due to any Force Majeure.

Governing Law

This agreement will be governed by and construed in accordance with the law
of the State of Tasmania.