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 content.
  
• 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 or equipment.
  
• 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.
  
• HWY 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 subscriber’s account which, in its opinion, is involved in activities which are detrimental to HWY’s 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 user’s 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 subscriber’s 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 Subscriber’s account. HWY’s 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 Subscriber’s 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 with HWY.
  
• 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.
  
• HWY's 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 service. It 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 card.
  
• HWY reserves the right to check Subscriber’s 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 Subscriber’s 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 subscriber’s 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 subscriber’s usage and any other party’s usage to whom they have sold or divulged material to enable access to HWY’s Internet system at three times the current rate applicable. HWY may terminate the Subscriber’s 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 account.
  
• HWY Internet pricing is subject to change without notice.
  
• 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.

• This Special may be cancelled at any time without notice.
• Additional 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 of connection.

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 immediately.
• 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 not permitted.
• 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.
  

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• HWY SUBSCRIBERS ARE BOUND BY THE ABOVE TERMS & CONDITIONS
  Last Modified: 2nd August 2006

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