Standard Terms and Conditions
- Highway Internet Services Pty Ltd
Highway Internet Services Pty Ltd, ABN
14 088 130 269, (hereinafter referred to as HWY) and the Subscriber
(being an entity subscribing to HWY for the provision of Internet services)
agree that by accessing HWY Internet services, you accept, without limitation
or qualification, these terms & conditions. Breech of these conditions
may result in the Subscriber's account being terminated.
- HWY makes no warranties or representations
as to the accuracy of information in or linked to this web site and
assumes no liability or responsibility for any errors or omissions in
- HWY shall not be liable for any damage
to and/or viruses that may infect your computer equipment or other property
on account of your access to, use of, or browsing of our web site and/or
your downloading of any materials, data, text, images, video or audio
from the HWY Internet web site.
- The Subscriber acknowledges that the
service is not fault free and there may be interruptions and/or access
difficulties from time to time. HWY is not liable for any downtime or
for any problems that may arise due to the incompatibility of modems
- Where the account is not maintained
in credit, HWY reserves the right to suspend accounts until appropriate
payment is received. It is the subscriber's responsibility to contact
HWY if there is to be a problem paying the account, or if they wish
to query the account balance.
- Any electronic mail or other material
that you may transmit or display will be treated as non-confidential
and non-proprietary. You have no right to use any Trademark displayed
on the HWY Internet web site without the permission of the party that
owns that Trademark.
- HWY may monitor or review information,
mailings, chats, and the like on the HWY Internet web site, but assumes
no responsibility or liability arising from the content nor for any
error, defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger or inaccuracy contained in any information. You are
prohibited from posting or transmitting any unlawful, threatening, libellous,
defamatory, offensive, obscene, scandalous, inflammatory, pornographic,
or other materials that could constitute or encourage conduct that would
be considered a criminal offence, give rise to civil liability, or otherwise
violate any law.
reserves the right to remove, without notice, any material on a subscribers
website which, may be deemed unlawful,
threatening, libellous, defamatory, offensive, obscene, scandalous,
inflammatory, pornographic, or other materials that could constitute
or encourage conduct that would be considered a criminal offence, give
rise to civil liability, or otherwise violate any law.
- HWY reserves the right to suspend without
notice any subscribers account which, in its opinion, is involved
in activities which are detrimental to HWYs Internet service or
how the wider community will perceive HWY. This includes, but is not
limited to, Spamming e-mail or forwarding spammed e-mail
to other Internet users e-mail addresses, attempted unauthorised
access to other Internet servers and systems, misrepresentation and
abusive or offensive behaviour in newsgroups and other online facilities,
e-mail bombing and the use of bulk e-mail programs to unsolicited recipients.
- HWY has the right to recover revenue
from the Subscriber for any costs incurred for time lost and/or damages
and/or repairs and/or maintenance and/or loss of business caused by,
or resulting from, any of the above activities.
- HWY reserves the right to suspend without
notice any subscribers account involved in offensive and/or illegal
activities under State and/or Federal laws. In such a case the relevant
law enforcement agency (ies) will be notified, and where possible offending
material(s) passed on.
- The Subscriber is aware that HWY has
a facility located on the HWY Internet Web Site that shows the present
status of the Subscribers account. HWYs pricing is based
upon regular utilisation of our Internet facilities and selected packages
purchased by the Subscriber have a minimum monthly usage content. If
this minimum monthly usage content is not utilised in the time period
allocated for such use, then the unused hours for that month will be
forfeited. The monthly time periods are calculated as of midnight of
the first day of each month, and end at midnight on the last day of
each month. An account created midway during a month will only be charged
for the days remaining in that month (e.g. an account created on 14th
March will only be charged for 17 days usage, which will take the Subscriber
to end of the current month) Written notification must be given thirty
(30) days in advance should the subscriber wish to change access plans.
- Any HWY package or offer may be changed
or withdrawn at any time, such change will take effect from the end
of your then current package.
An administration fee applies to all HWY packages, which is a once-off
$11 (eleven) dollar payment.
- Unlimited data transfer applies to all
HWY packages excluding Plan UL/500 which has a 500Mb limit per month.
HWY will issue a warning via e-mail advising the Subscriber when they
have exceeded the limit. If the monthly data limit is exceeded, over
utilisation will be charged at 22 cents inc GST per Mb and will be debited
monthly from the Subscribers account. Failure to pay the additional
charges may result in HWY terminating the subscription, with no refund.
- Unlimited Hours Plans: HWY may disconnect
an Internet session if a session exceeds 4 hours. A maximum idle time
(time in which no data has been uploaded or downloaded) of 2 (two) hours
applies to every account after which time the account will be automatically
disconnected. HWY takes no responsibility for debits incurred by accounts
left idle by a Subscriber. HWY can, upon the Subscriber's request, shorten
this idle time. Automated methods to avoid disconnection are not permitted.
- The account holder is responsible for
ensuring that their computer is dialing the most appropriate number
for their location, and is aware of and responsible for all associated
Telstra charges. To ensure the HWY Access number is a local call please
call 1800 113 011. HWY shall not be liable, or reimburse Subscribers
for any costs or phone charges incurred while establishing connectivity
- As the account holder, the subscriber
confirms that they are 18 years of age or older. If the subscriber allows
a minor to use the service, they should provide supervision as they
will be held accountable for their activities. HWY cannot be held responsible
for any web sites viewed by minors that may be deemed inappropriate
(including but not restricted to pornographic, offensive, obscene, violent
or threatening material).
- The subscriber agrees to regularly check
and remove any email from the HWY mail server as HWY uses this service
to communicate account status and system information.
HWY does not claim proprietorship or responsibility for material accessed
via the Internet. This includes the newsgroup material that is circulated
around the systems.
Webmail is a facility for HWY users to access their email remotely,
ie. when not at their computer. HWY's Webmail is not meant to replace
an email client such as Outlook Express or Mozilla Thunderbird. HWY
recommends that Webmail is used only as a temporary means of email and
that users do not store all their email on Webmail. HWY holds no responsibility
or liability for the deletion or failure to store any messages and other
communications or other content maintained or transmitted by the Webmail
is the Users responsibility to download any emails from HWY's mailserver
onto their own computer.
- HWY is not responsible for any programmes/software
used by the subscriber. It is the subscriber's reponsibility to register
any software downloaded from, or used in conjunction with the service.
HWY is not responsible for service difficulties due to misconfigured
software, but can offer technical support to Subscribers.
- Multiple logins are permitted (except
on Unlimited Hours Plans and ADSL broadband);
any data downloaded or time incurred will be added to the account as
part of the applicable plan.
1 months (30 days) written notice is required for cancellation of the
service. The Subscriber notes and agrees that any accounting and/or
administration and/or registration fees are not refundable and that
cancellation fees may apply. All costs associated with dishonoured cheques
will be charged to the account holder.
- HWY provides the subscriber access to
the Internet and cannot be held responsible for any inadequacies or
faults found within the Internet that may occur. If a fault occurs within
its own network, HWY will endeavour to rectify it as soon as possible.
- The subscriber is responsible for the
maintenance and security of their unique system username and password.
Any use of the system using the correct username and password will be
deemed as authorised and charged to the appropriate user's account.
Where the subscriber allows a third party to use the service in their
name, the subscriber will be responsible for their activities.
Registration will not be processed without prior payment. If an account
is cancelled for any reason, neither the Administration Fee nor any
unused time will be refunded.
For Credit Card Subscribers HWY will automatically renew your subscription
for the next month debiting the subscription charges from the credit
card provided unless written notice of cancellation is received at least
two weeks prior to the expiration of the then current subscription.
HWY may not necessarily contact the Subscriber to advise renewal.
- For other forms of payment, it is the
Subscribers responsibility to contact HWY to renew their subscription
for the next period. HWY may not necessarily contact the Subscriber
to advise renewal.
- The Subscriber is required to inform
HWY if their credit card is due to expire two weeks prior to the expiry
date and is required to provide HWY with details of a current credit
- HWY reserves the right to check Subscribers
details with credit referencing bodies/associations.
- HWY will endeavour to maintain security,
however, will not be responsible for events such as hacking or system
failure, resulting in loss of email or other data stored on our system.
HWY will not be held responsible for any damage or malfunction of a
user's computer system, directly or indirectly, resulting from usage
of the service, including lightning strikes while connected to the service
and defective programs or viruses obtained through the service or hacking.
If the Subscriber, without prior written permission of an authorised
officer of HWY, transfers, assigns or divulges any information which
allows another person(s) or entity (ies) to access the Internet by using
the Subscribers allocated username and/or password then the Subscriber
will be liable for any usage time incurred by the third party at the
current rate applicable, and that subscribers account may be terminated
immediately. This includes multiple concurrent logins of the same username
and/or password, excluding Easy pack subscribers.
- HWY does not under any circumstances
permit the resale to any other party of HWY Internet connections and/or
bandwidth. Any subscriber found doing this will be charged for all of
that subscribers usage and any other partys usage to whom
they have sold or divulged material to enable access to HWYs Internet
system at three times the current rate applicable. HWY may terminate
the Subscribers account without notice and without refunding any
subscriptions paid but unused.
- HWY does not under any circumstances
allow back channelling. HWY reserves the right to charge subscribers
for any incoming or outgoing traffic if this is breached.
- HWY reserves the right to provide access
to the Internet via Proxy Servers. During peak periods modems may not
always be available.
HWY may use the information you supply to contact you regarding your
- HWY Internet pricing is subject to change
- HWY reserves the right to amend these
terms and conditions of use as deemed necessary.
If the subscriber is unclear about
any aspect of the above terms and conditions, it is their responsibility
to contact HWY for further clarification. The continued use of the
service acknowledges understanding and acceptance of these conditions.
Terms and Conditions for specific packages
NEW CONNECTION SPECIAL:
This Special may be
cancelled at any time without notice.
charges for excess data and excess hours used each calendar month,
still apply as per the access plan nominated.
- No refund
will be given if the account is closed in the first 12mths from date
UNLIMITED HOURS PLANS:
- Unlimited HOurs Plan subscribers are
billed monthly for the current month's usage plus any excess data download
for the previous month. The billing month follows the calendar months.
Usage is calculated in one-second increments and charging is rounded
to the nearest cent.
- Service of Unlimited Hours plans
is on an equal level to other plans available. Subscribing to these
will not result in a performance or service reduction.
- Maximum session time exists of 4 (four)
hours after which the user is logged off. The user may however reconnect
- Unlimited Hours plan subscribers may
login for Internet access as often as they wish whilst their subscription
is current however simultaneous connections are not allowed. Use of
the same Username to login from more than one computer at a time is
- Plan UL/500 carries a download limit
of 500MB (megabytes) per month while Plan UL allows unlimited downloads.
Should a subscriber exceed this limit, extra megabytes are charged at
22 cents per megabyte.
ACCOUNT CONNECTION REFERRALS:
- Name or username of referrer must be
mentioned by new subscriber at time of connection. It is the responsibility
of the referrer to ensure that the new subscriber is aware of this.
- New subscriber must stay connected for
a minimum of 3 months. If the account is closed within 3 months, the
$10 referral credit will be reversed.
- Referral fee does not apply to new subscribers
who connect up on the Intro Plan.