Hermes Internet

Terms and Conditions

Each subscriber is bound by these conditions when using Hermes Internet dialup Internet service. These Terms and Conditions may be revised at any time by way of update on our Web site. All members are bound by any revision as at the date they are displayed and should regularly examine the current copy at our Web site.

This agreement is between Hermes Internet and you, our valued customer. It exists to ensure that the network services provided and used are exercised legally and ethically.

Hermes Internet utilises its best efforts to make all services available to subscribers where this is reasonably possible. We will take all reasonable care and effort to ensure that all the services you have subscribed to are available 24 hours a day where this is reasonably possible. In the event of any system malfunction we will take all reasonable measures to restore the services offered as soon as possible. The subscriber acknowledges that the service is not fault free, and they may experience interruptions and access difficulties from time to time. We take no responsibility for consequential loss, and our liability is limited to the value of the services provided and for speed or easy of accessing any information.

Hermes Internet does not own the Internet, the telecommunication lines, or the data transferring between you and the Internet. We have no control whatsoever over the content of the information passing through our network. Use of any information obtained via our network is at your own risk. We specifically deny any responsibility for the accuracy or quality of information obtained through our services.

Hermes Internet equipment allows members to connect to our system with every operating system supporting standard TCP/IP Internet protocol. To help our members we provide instructions for commonly used operating systems and applications, and a reasonable amount of e-mail and telephone support. However ultimately it is each member responsibility to set up their system and software for Internet connection and use. Specifically, it is not our responsibility to provide instructions for less popular software packages, older operating systems, or pre-release software. If a new software becomes available, it is also not our responsibility to provide instructions immediately after such software is released. We reserve the right to make business decision as to when such instructions will be available, and how detailed they will be. Full support for various software packages is offered by the companies releasing and marketing the software.

Hermes Internet provides network security, breach detection and identification, but we are not liable for any inability in doing so. We makes no warranties of any kind, whether expressed or implied, for the service we are providing. Hermes Internet also disclaims any warranty of merchantability or fitness for a particular purpose of our services. We will not be responsible for any damage you may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions.

Hermes Internet monitors your usage of the system for the purposes of assessing any charges, which are payable by you, and also for the purpose of ensuring your use of the system complies with the terms and conditions stated here. We are also monitoring the system and take all reasonable precautions possible to prevent the compromise of system security.

You incur two costs each time you connect to the Internet: the cost of the phone call to connect to our modems (typically 25cents per call – based on local call rates, various Telstra special plans and call discounts may apply), and Hermes Internet dial-up access plan charges, as listed in our current Price List. It is your responsibility to ensure that the phone call from you to Hermes Internet is charged as "local call" by Telstra. To our best knowledge all phone calls from any 02 47... number to our dial-up number, which is located mid-mountains, are charged by Telstra as local. However Hermes Internet takes no responsibility for any charges incurred on your phone account as a result of calling from a phone number outside of local area. We recommend that you confirm that your connection is "local call" access by contacting Telstra, quoting both your own phone number and our dial-up number which is: 02 4780 3000.

Our network may only be used for lawful purposes. Transmission of any material in violation of any Australian or international regulations is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets. You agree to indemnify and hold harmless Hermes Internet from any claims resulting from your use of the service which damages you or another party. Any access to other networks connected to our network must comply with the rules appropriate for that other network.

The fees that you agree to pay Hermes Internet for the Internet services you are receiving are non-refundable. If you require Hermes Internet to assist you on-site with your connection, additional fees will apply. Service is billed in advance, or monthly in case of monthly credit card account, and may be cancelled at any time by either party with no penalty. Accounts which are inactive for six months will be cancelled. Non financial accounts (accounts with no funds left) will be closed after three months. Your e-mail address remains valid as long as your account balance is positive. Otherwise, it may be revoked and messages coming to your address may be bounced back to senders with annotations indicating delivery failures.

Personal Web pages are allotted free 5MB of disk space on our server, and reasonable amount of per month in data transfer (in and out traffic generated by your Web page) at no additional charge. If a Web page exceeds this reasonable amount of data traffic, we reserve the right to suspend your Web page. In order to avoid Web page suspension, or to re-active a suspended Web page, a user can opt to pay additional charge for additional data traffic. This charge, and the amount of reasonable data traffic, is to be determined by Hermes Internet as and when required. Please notice that we do not guarantee integrity of any subscriber's Web pages. Please keep full backup of your files!

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement remains in full force and effect. Use of Hermes Internet network constitutes acceptance of these Terms and Conditions. Hermes Internet reserves the right to decline any services to any customer for any reason, to change the rates, and otherwise modify these Terms and Conditions by notifying you in advance of the effective date of change.