Definitions

1.1 "Locall Australis", "ISP" or "the ISP" refers to Locall Pty Ltd trading as Locall Australis Internet ABN 73 098 042 936, its networks and its system.
1.2 "Customer", "member", "you" or "your" refers to any person or device that connects to Locall Australis for the purpose of gaining access to the system
1.3 The "system" refers to any computer, network, concentrator, terminal, or device that is used to supply services by Locall Australis.
1.4 "Members Area" refers to the area on Locall Australis Web Site at http://www.australis.net and used by members to access notices and account information.
1.5 This agreement is governed by the laws in force in Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia, when determining any dispute concerning this agreement.
1.6 By using or subscribing to Locall Australis you are subject to the following terms and conditions.

Registration

2.1 During the registration process you will be asked for personal information and you authorise Locall Australis to obtain personal information about you to support your application to become a member and to conduct all relevant credit checks and searches to enable Locall Australis to determine your credit worthiness.
2.2 You must be at least eighteen years of age, and provide your correct name, current address and telephone number, as well as a valid Credit Card and or a Direct Debit Request. A current Drivers License and Date of Birth may also be required as part of determining your correct identity and you agree to immediately inform Locall Australis of any changes to your personal details.
2.3 Your privacy will be respected at all times, however Locall Australis may monitor or keep any records necessary that relate to your use of the service.

Notices

3.1 Regular notices are sent to your email address and or posted in the Members Area for your information. You must regularly check your email address and or the Members Area for important notices from Locall Australis. Notices have been sent when date stamped by the sending ISP mail server and or posted in the Members Area.

Your Conduct

4.1 You agree not to place, store or relay software or information on the system which is unlawful, or attempt to access internal areas of the system or engage in any forms of "hacking", "relay", "mail bombing", "ping attacks", "spamming", "port scanning", "denial of service", "sub-seven or netbus or derivative" or any destructive or disruptive action against the system.
4.2 Your password must remain confidential, is not transferable and you agree not to assign, transfer or resell this agreement. You are responsible for selecting and maintaining at your expense any facilities or equipment necessary for you to connect to Locall Australis.
4.3 If you use obscene language, abuse, threaten or harrass any ISP staff member in person, via the telephone, fax or email your account may be terminated immediately.
4.4 You agree, that the system is designed to be shared in a fair and equitable manner with other members and not to use the system in such a way that, in the opinion of Locall Australis, your actions affect the other members.

General Conditions

5.1 Your use of, or subscription to, any Locall Australis service constitutes acceptance of, and is governed by, these Terms and Conditions.

Limitation of Liability

6.1 Locall Australis is not liable for any loss, damage or injury (including without limitation any loss of profit, indirect, consequential or incidental loss, damage or injury) arising from your use of the system or information obtained from it.
6.2 Locall Australis is dependent on external network and data services, therefore you indemnify Locall Australis for any inability to provide such services which are beyond its control. Locall Australis does not guarantee that access to any system either internal or external to Locall Australis, will be available at any given time or that the files, information or services will be error free or fault free.
6.3 The failure of Locall Australis at any time to enforce or require the strict compliance of any provision in this agreement, shall not be interpreted as a variation of this agreement. Locall Australis reserves the right to alter the system rules as required and to subcontract or assign this agreement without giving you notice.
6.4 This agreement is binding upon your successors, assigns, heirs, executors and administrators. If you are underage and have failed to disclosed this to Locall Australis, this agreement is legally binding on your parents or legal guardians.

Plan Information

7.1 All current plans are published on our web site and on registration forms where Locall Australis services are sold.
7.2 Plans are subject to change and subscriptions to any plan may be limited to ensure appropriate network performance. Selected plans may be withdrawn when fully subscribed. Some plans are offered purely for promotional purposes, may be withdrawn at any time without notice and may be subject to special conditions which are in addition to Locall Australis Terms and Conditions.

Changing Your Plan

8.1 You may select a different plan at any time by calling our office and speaking to a customer service representative. Unused data on your current plan will not carry over to the new plan or next period and any applicable excess fees must be paid before your plan change will take effect.

Cancellation

9.1 To cancel this service, you must provide 30 days notice in writing to Locall Australis. The notice must be signed by the account holder. To protect your security and privacy, email and telephone cancellations are not accepted.

Termination

10.1 Locall Australis may close, suspend or terminate your service without a refund or credit if in the opinion of Locall Australis you materially breach any of these terms and conditions and you will remain liable for all charges owing under this agreement.

Web Hosting Service

11.1 Locall Australis provides no warranty, express or implied, for the web hosting services provided.
11.2 Whilst Locall Australis makes every reasonable effort to protect data stored on the system, Locall Australis is not responsible for your data, files, or directories. You are solely responsible for maintaining data, file, and directory structure backups.
11.3 You hereby agree that any material submitted for publication on Locall Australis through the web hosting services provided to you will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous, illegal or harmful.
11.4 Using the Locall Australis system as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.

Domain Registration Service

12.1 Locall Australis provides no warranty or guarantee that the domain name applied for will be available for registration.
12.2 Registration and ongoing use of a domain name are bound by the relevant naming authority's policies and procedures and you agree to irrevocably waive any claims against Locall Australis that may arise resulting from the decision of a naming authority to refuse to register a domain name.
12.3 In the circumstances that Locall Australis did not register your domain name, you accept that it is your responsibility to ensure that your Domain Name Licence is renewed when required furthermore, Locall Australis will accept no responsibility or liability for the renewal of your domain name under these circumstances.
12.4 Should Locall Australis undertake the renewal of a domain name on your behalf where the original registrar for the domain is different to Locall Australis's registrar of choice, the successful renewal of the domain by Locall Australis will be dependant on your agreement to transfer the domain to our registrar of choice.
12.5 Locall Australis's Registrar of Choice for all TLD (.com, .net, .org, .biz, .info) and .au domain name registrations and renewals is NetRegistry, contact details can be located at www.netregistry.com.au.
12.6 Domain registration applications will only be processed upon payment for this service and Locall Australis accepts no responsibility for delays in domain registration where the delay results from a third party.

Website Builder Service

Webpage Builder is provided through Locall Australis under reseller licence from Tucows Inc, and subject to your agreement of the following terms:

In partial consideration of Locall Australis agreeing to provide the website building service to me, I, as a customer of Locall Australis acknowledge and agree that:

1. General

(a) my account will continue to be active, and the recurring payment charged, until the account is cancelled, whether or not I publish changes to the website each month;

(b) when moving from a trial account to a live account, I cannot upgrade my package type, and I cannot export trial account content;

(c) Tucows Inc may, as part of their agreement with Locall Australis, withdraw certain services or capacities, even if Locall Australis and I have done nothing wrong. The result may be that my website builder account may cease to publish changes to my environment, or may even be cancelled, and I will no longer have access to the website builder. I understand my recourse, if any, will be against you, Locall Australis, and not against Tucows Inc. In partial consideration of your agreeing to provide me this website builder service, I waive any present or future claims against Tucows Inc, whether under contract, tort or any other theory of law;

(d) there are a limited number of features that will not function without an active account. These can be viewed at http://www.bruns.com.au. This will be updated from time to time.

2. Protected Website Source Code Model

(a) I may access the website building service under either a protected website source code model (pursuant to which I will not have access to the source code), or under an open website source code model (pursuant to which I will have access to HTML code);

(b) If I access under the protected website source code model, then the following apply:

(i) if I decide to export the site, the pure HTML will be available in compressed HTML format in my website builder account. If I cancel my account before I download the file, I will not have access to it;

(ii) if I cancel my account and I want to reactivate my account and re-import any or all of the content, and decide to use the service once again, there is no ability to import the original website content, due to potential incompatibility with current versions and feature sets.

3. Open Website Source Code Model

(a) I may access the website building service under either a protected website source code model (pursuant to which I will not have access to code), or under an open  website source code model (pursuant to which I will have access to HTML code);

(b) If I access under the open website source code model, then the following apply:

(i) I agree not to amend the HTML code in any way or create derivative works. I agree to only insert content into the areas in which a reasonable person would agree the service creators intended content to be inserted, and will only use the service for the purpose for which it was intended. As between you and I,  I will have the ownership and copyright of such information that I input, and I will be responsible for same;

(ii) I agree not to reverse engineer the site or service.