4.1 BorderNET supplies a standard, single PC connection only. Any additional connectivity is the sole responsibility of the subscriber.
4.2 BorderNET supplies Broadband Internet access services, Satellite Internet access services, Dialup Internet access services and other related goods and equipment and ancillary services:
i) Satellite Services
ii) ADSL Internet Connections
iii) Dial Up Modem Internet Connections
iv) Domain Name Registration & Service
v) Email Services:- Additional addresses, Domain, Forwarding
vi) Web Hosting Service
4.3 We may at any time vary our services for technical, operational or commercial reasons. If doing so is deemed likely to have a significant detrimental impact on your use of the service, then we will give you 21 days prior notice of the intended variation.
4.4 You can apply for our services online via our website, email or post. Our acceptance of your application depends on whether the service is available in your area, your eligibility for the service and your ability to meet our credit requirements and any other specific conditions applicable to such services. Note: ADSL is a service that provides internet access via ADSL technology. ADSL technology is not available in all locations and is determined by the ability of your telephone exchange to support ADSL technology. The ability for you to receive ADSL is a telecommunications service that is determined by the infrastructure provided by Telstra or another service provider's Telstra local resale service. This service attracts additional terms and conditions which are available with the service application.
4.5 We require your cooperation in connecting and supplying services to you efficiently, including (when required) access to your premises. We make every attempt to connect and supply your service within a reasonable time frame.
4.6 You acknowledge in applying for our services that you are responsible for and must pay for all use of the service, even unauthorised use. It is your responsibility to ensure that no one interferes with the service, makes the service unsafe or uses the service to break any law. If your service is used to interfere or appears to threaten interference with our network, we will require you to adhere to our instructions to remedy the issue. It is our right, if we see fit to monitor the usage of the service and any communications utilising the service to ensure that the service is not being used excessively or misused.
4.7 Bordernet provides an online user interface (visit www.bordernet.com.au and login at the My Account section) to assist clients with tracking their data usage. The subscriber is responsible for all data used. The data records are updated every 24 hours and are not in real time.
4.8 Once the plan allowance has been reached excess megabyte charges (for Fixed Plans) or service throttling (for Shaped Plans) commences automatically.
4.9 Bordernet does not restrict access for subscribers. Bordernet clients can access the internet at any time of day or night. Bordernet does have the provision to impose an Acceptable & Fair Use Policy and takes all measures available to restrict questionable internet activity (such as broadcasting / large downloads etc). Please also refer to the Australian Spam Code of Practice further in this section.
4.10 Any BorderNET equipment that is supplied by us to you will be used according to the operating instructions provided by the supplier or manufacturer. You will not use the BorderNET equipment for any other purpose other than to receive the BorderNET service under this Agreement and any other purpose we have expressly permitted you to use.
4.11 In the event of unauthorised use of the BorderNET equipment we can immediately terminate this Agreement. You must comply, and ensure others comply with, all laws, regulations, codes, determinations or the requirements of government or statutory authorities when using the BorderNET services. You will not de compile or reverse engineer any products provided to you under this Agreement. If you run a mail server that is configured as an open relay then we reserve the right to block you from our mail server.
4.12 BorderNET maintains an Acceptable & Fair Use Policy whereby you maybe disconnected after 4 hours continuous use to allow all users fair access to our terrestrial services. Excessive downloading can affect the service levels provided to other customers. If we feel (at our sole discretion) your use of the BorderNET service is excessive, we will contact you to discuss this. If usage cannot be kept to an acceptable level after discussion then account access suspension may occur with no further liability to you or us in this regard.
4.13 BorderNET deems acceptable & fair use for ALL subscribers is currently 3 times the peak allowance of download data (whether used during peak or off peak times) per month. Subscribers exceeding this amount may have their service slowed for the remainder of the month and/or excess charges applied to their account.
4.14 Subscribers to ADSL
Where an end users service downloads more than 30 Gigabytes in a calendar month, and uploads more than 50% of the amount downloaded that month we, BorderNET reserves the right to suspend or terminate you, the subscribers, ADSL connection.
4.15 Bordernet will only charge for satellite upload data when the amount of data uploaded is deemed to exceed Acceptable & Fair Use. At this time Bordernet may (at it's discretion) apply the 1:3 ratio calculation to determine excess megabyte charges whereby the total upload data recorded is greater than 1/3 of the total download data. If it is necessary to charge for the additional upload data it will be done so at the exact same excess megabyte rate stated for the download data.
4.16 BorderNET will not tolerate abuse of their service of any sort. This includes, but is not limited to, viruses, worms, Trojans, spam, security holes on the client side and file sharing of any unauthorised material. It is up to BorderNET to decide what is abuse and what is not. Any customer found abusing the service will have the account suspended immediately. Please also refer to the Australian Spam Code of Practice further in this section.
4.17 We will provide the BorderNET services chosen by you on the following basis: a) Delivery and Installation of equipment: we will arrange, at your request, the delivery and installation of the BorderNET equipment to your location.b) Internet Access: access to the internet and e-mail through our network.c) Technical Platform Support: technical platform support is available by telephone on 1300 730 302 subject to this agreement. If an onsite visit is required, we will use our best endeavours to send a technician to assess the problem as soon as possible depending on availability and your physical location.
4.18 You must at your own expense, obtain in advance and maintain all necessary consents and approvals for the installation of the BorderNET equipment at your premises and pay for any alterations to your premises required for installation. Our installer will advise you what the best long-term position for quality of reception for your location. Please note obstructions may not be confined to your own property.
4.19 Should you choose to have your BorderNET equipment positioned at a location other than the one recommended by us, you must pay any service-related charges for future adjustment. Our installer will make all reasonable efforts to position or direct your BorderNET equipment to mitigate any adverse localised electrical or radio interference caused by other parties.
4.20 If we cannot at the time of installation offer a satisfactory service (in our sole judgment) because of third party interference we will not proceed with the installation. Our installer may refuse to install the BorderNET equipment if the location is considered dangerous or presents undue risk to the installer or may create damage to the substrate to which the BorderNET equipment is to be attached or used to gain access to the installation location. An hourly rate installation technician service fee may be charged in addition to any other cancellation fees. Please refer to Schedule of Fees Section 10.
4.21 You must pay the installation fee based on the installation work undertaken. Installation fees are based on standard single level residential or business dwellings. Variation in installation fees may arise in the event of additional time and materials required to complete an installation, or where we are unable to supply an installer in your area. You will be notified prior to installation of any extra charges based on information received by you. If that information is not sufficient prior to the site visit, you will be advised before any work commences on the installation. It is your responsibility to ensure the person nominated to be at your premises during site visitation is authorised and able to make such decisions. An hourly rate installation technician service fee may be charged in addition to any other cancellation fees. Please refer to Schedule of Fees Section 10.
4.22 Due care will be taken by our installers with respect to avoiding any property damage at installation. Neither us, nor our contractors accept liability for any property damage where due care has been taken. On removal of the BorderNET equipment, either at your request or due to failure to observe any clause in these terms and conditions, then any need for building remediation as a direct result of antennae installation or removal will be your responsibility and cost. Please refer to Schedule of Fees Section 10.
4.23 By using our services you do so at your own sole risk. We do not warrant that our service will be uninterrupted or error-free. We distribute our service on an 'as is' basis without, to the extent permitted by law, warranties of any kind, either express or implied. Whilst Bordernet makes best efforts to remedy any service breaks or interruptions as quickly as possible, Bordernet is not responsible for any break or interruption of the service, howsoever caused.
4.24 In particular, we are not liable to you - whether in contract or tort or under any other legal principle - for any direct or indirect losses or damage of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. To the extent permitted by law, your exclusive remedy against us to cancel your subscription.
4.25 To the extent we do have some liability under this clause, our total liability to you or any person claiming through you for any cost, loss, liability or damage arising out of the failure of the BorderNET equipment or the BorderNET services due to our, or our suppliers or agents, performance of, or failure to perform, our obligations under these terms and conditions and including as a result of our, our suppliers or our agents, negligence, whether in contract, tort, statute or otherwise, is limited at our sole option to:a) in the case of goods, repair or replacing the goods, or supplying equivalent goods, or paying the cost of doing any of these; or b) in the case of services, supplying the services again or paying the cost of doing so.
4.26 In addition, to the extent permitted by law, the following people have no liability to you for our services: our employees, contractors and representatives and any person who provides any service which is deemed to form part of our services, and their employees, contractors and representatives, any other network operators who use our network and allow us to use their networks, and their employees, contractors and representatives. Where third party electrical or radio interference arise post installation, (for example from local cell phone towers or other wireless data or broadcast services) we do not accept liability for loss of reception but will use our best efforts to remedy the quality of reception if requested by you. Any costs for this remedial work will be charged to your account. Refer Schedule of Fees Section 10.
4.27 SPAM Code of Practice
BorderNET must comply with the Spam Code of Practice enforced by the Australian Communications and Media Authority (www.acma.gov.au)
Spam is deemed as commercial electronic messages that are:
a) unsolicited within the meaning of section 16 of the Spam Act; or
b) do not include accurate sender information as required by section 17 of the act; or
c) do not contain a functional unsubscribe facility as required by section 18 of the Act.'
Acceptable use in relation to Spam
You may not use the Service to:
a) send, allow to be sent, or assist in the sending of Spam
b) use or distribute any software designed to harvest email addresses; or
c) otherwise breach the Spam Act 2003 or the Spam Regulations 2004 of the Commonwealth
BorderNET Spam Filter
BorderNET utilises the services of a Barracuda spam firewall to offer email spam and virus filtering to its clients. An array of finger printing and blacklisting techniques is used to identify spam and virus threats. We cannot guarantee 100% of spam will be stopped by the spam firewall. We also cannot guarantee against any false positives, where legitimate email may be falsely blocked or marked as spam. Customers are provided this filtering service by default, bypassing of the filtering can be made on request by the client. BorderNET recommends against removing spam filtering.
Our rights to suspend the Service
BorderNET reserves the right to suspend our provision of service to you in the following events:
a) if the Service provided to you is being used to host any device or service that allows email to be sent between thirds parties not under your authority and control; or
b) if you are in breach of the acceptable & fair use policy;
Provided however we will first make reasonable attempts to contact you and give you the opportunity to address the problem within a reasonable time frame. What is reasonable in the context will depend on the severity of the problems being caused by the open service of breach referred to above.
Client to minimise the risk of breach
You agree to use your reasonable best endeavours to secure any device or network within your control against being used in breach of the clauses above by third parties, including where appropriate:
a) the installation and maintenance of antivirus software;
b) the installation and maintenance of firewall software; and
c) the application of operating system and application software patches and updates.
Our right to suspend your account applies regardless of whether the open service is provided or the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to trojan horse or virus.
Our right to scan for misconfiguration
We may scan any IP address ranges allocated to you for your use with our service in order to detect the presence of open or otherwise misconfigured mail and proxy servers.
Our right to terminate your Service
If the service is suspended and the grounds upon which it was suspended are not corrected by you within 7 days, BorderNET may terminate your service. In the event of the service is terminated under this clause, you may apply for a pro rata refund of any pre-paid charges for the service, but we reserve the right to levy a reasonable fee for any costs incurred as a result of the conduct that resulted in the suspension. Complaints in regard to Spam As a subscriber you have the right to make complaints to other bodies about Spam where the content is in some other way offensive or contrary to law. For example to the ACMA about Spam that contains material that promotes or advertises content that is likely to cause offence to a reasonable adult. For example to the Privacy Commissioner if the Spam appears to be the result of misuse of personal information. For example to the ACCC about Spam that contains misleading and deceptive material or material that is likely to mislead or deceive or otherwise contravenes the Trade Practices Act.
4.28 Bordenet Emil Accounts
Bordernet retains ownership of all email accounts managed on the Bordernet domain. All email accounts are rented as a part of each users service agreement with Bordernet for the duration of their service period.