If you are staying in a hotel or in a food establishment and using the Active Wireless service, then you must agree to the terms below to continue to use the service.
***You are accepting the below terms when you use the active wireless service. If you do not agree then immediately disconnect from the service***
1. Description Of Service.
1.1 Active Wireless will provide Internet communication to the EU via the either network cable or 802.11 b/g/n technology.
1.2 The Service will consist of the options chosen by Customer subject to availability, and the services shall be supplied in accordance with Active Wireless Standard Terms and Conditions.
1.3 The service will be referred to as the “Service”.
1.4 The service is a ”best effort” service and no guarantees can be given once the internet has been reached. Active Wireless does not have control over the various internet servers and the amount of users accessing these servers at any one time.
1.5 Service connection from third party suppliers cannot be guaranteed in any way. Disruption to these connections does not waive the accountability of payment of service to Active Wireless.
2. Provision Of Service.
Active Wireless shall provide the Customer with the Service. It is intended that the Service shall generally be available 24 hours a day, seven days a week except for service maintenance times which Active Wireless shall make reasonable attempts to advise to the Customer from time to time. However, there is no undertaking in respect to service availability and it is specifically
understood that no express or implied contract exists in respect to service availability or duration.
Active Wireless shall provide Customer with a Login ID code and password or other such other login information that is required to enable connection to the Service. It is the customer’s sole responsibility to maintain a suitable level of security in respect to the foregoing information. The customer expressly agrees and understands that they are liable for all activities conducted using their logon ID and for any charges or fees that may result from such usage.
3. General Terms.
Active Wireless may monitor or keep any records that Active Wireless deems necessary of Customer use of the Service. These records can and will be made available to Police forces, Government agencies or other individuals subject to reasonable enquiry by Active Wireless as to the statutory or other legal right claimed to be exercised by the organisation or individual in respect of those Records. Reasonable enquiries by Active Wireless will at all times be sufficient to discharge Active Wireless from any liability for any harm or damage that results from the release of information to third parties. Specifically reasonable enquiry includes reliance on the apparent authority of any person.
Active Wireless does not warrant that the Service will be uninterrupted or error free, nor does Active Wireless make any warranty as to the results obtained from the use of the Service. The Service is provided without warranties of any kind, either express or implied, other than those warranties implied into this agreement by legislation such as the Trade Practices Act and which
cannot be excluded. To the extent permissible by law, Active Wireless excludes all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Service r inability to use the Service and where such liability cannot be excluded Active Wireless limits its liability, at its option, to the resupply or cost of resupply of the Service.
Active Wireless reserves the right to reject or filter content as may be required by law, good taste or as required as Active Wireless determines to provide a suitable quality of service. This includes tcp/ip ports and/or services in addition to filtering email especially that of an unsolicited nature. Active Wireless is under no obligation to advise what filtering or rejection strategies are in place
or used from time to time.
4. Customer Responsibilities.
4.1 Customer hereby acknowledges that any misuse of the Internet Communication Service, including but not limited to a misuse that contravenes the Acceptable User Policy, will entitle Active Wireless to immediately terminate the Internet Communication Service in accordance with the Acceptable User Policy.
4.2 Customer acknowledges that Active Wireless Standard Terms and Conditions are applicable to the Internet Communication Service/s, and hereby agrees that the Internet Communication Service/s is subject to the aforementioned Standard Terms and Conditions.
4.3 Customer expressly undertakes that it agrees to and shall comply with Active Wireless Conditions of Contract in respect of the Internet Communication Service, as amended from time to time, and as published on Active Wireless website at http://www.activewireless.com.au. The Customer furthermore undertakes that any misuse of the Internet Communication Service, including but not limited to a misuse that contravenes Active Wireless Conditions of Contract, shall be construed as a material breach of this Schedule and shall entitle Active Wireless to immediately terminate the Internet Communication Service.
Acceptable Usage Policy.
In this section, unless the context requires otherwise:
‘Account’ refers to any account created for the Customer by Active Wireless.
‘Customer’ refers to the person(s) or entity(s) applying to receive service(s) from Active Wireless.
‘Service(s)’ refers to any and all other services provided by Active Wireless to the Customer from time to time.
‘Abuse’ means the conduct defined in section 2.
‘Denial of Service Attack’ includes deliberate or reckless behaviour of the Customer that results in disturbance, disruption or damage to the service or to computers, networks, or services accessed using the Service, including and not limited to ‘Virus’ includes software designed to have a deleterious effect on the functioning of a computer that runs it or on the privacy of users of that computer, and includes Trojan horse software and spyware.
‘Active Wireless’ means Active Wireless business entity or any associated business or trading name.
‘Misuse’ means the conduct defined in section 3.
‘Spam’ includes one or more unsolicited commercial electronic messages with an Australian link for purposes of the Spam Act 2003.
2. The Customer may not use the Service to:
2.1 Send, allow to be sent, or assist in the sending of spam or viruses
2.2 Breach any law, statute or regulation of the Commonwealth of Australia or of any State or Territory of the Commonwealth of Australia or commit any act which is identified in writing by a competent law enforcement official as being unlawful.
2.3 Without limiting (2) above, unlawfully transmit any copyright materials, illegal, obscene or libellous material, or any instructions which, if implemented, might cause damage or injury to any person or property.
2.4 Breach the security or integrity of the Company’s equipment, or use the Company’s equipment, network or resources to launch a denial of service attack or to gain unauthorised access to other systems or networks.
2.5 Threaten, menace or harass others or
2.6 breach any Acceptable Use Policies, rules, regulations or security provisions of any networks and computer systems to which the Customer gains access while using the Service.
2.7 Engage in constant P2P activity due to the detrimental effect to the network stability in wireless environments.
2.8 Excessive data download/upload on unlimited accounts
3. The Customer may not:
3.1 Resell the Service to other users or provide other users with the Customer’s username and password.
3.2 Use the Service to place any system or network under excessive load so as to impair the functioning of that system or network for its other users.
3.3 Engage in any behaviour designed to attract network abuse by third parties or
3.4 Host any device or service that allows email to be sent between third parties not under the Customer’s authority and control.
4. Active Wireless may suspend its provision of the Service to the Customer without notice:
4.1 If the Customer is in breach of section 2; and / or
4.2 If the Customer is in breach of section 3, provided that Active Wireless has taken reasonable attempts to contact the customer(s) to give the customer(s) the opportunity to address the problem.
5. Active Wireless may shape it’s provision of the service to the customer without notice:
5.1 The service is being used to engage in Peer to Peer (P2P) traffic.
5.2 The service has used greater than the average rate for an identical or similar service.