* Roam QLD and Hi Net are trading names for ScoastNet Pty Ltd.
Roam QLD provides physical internet services like ADSL, Wireless, Portable Satellite links, and Self Monitoring Surveillance in the Whitsundays.
Hi Net provides Portal, Directory and Multi media services in the Whitsundays.

1. Each Roam/Hi Net aDSL account is available on an existing phone line connected to Telstra's Network & an ADSL enabled local Exchange with Ports Available and within the cable requirements of operational ADSL.

2. "Pay Per Megabyte" (PPM) are metered monthly accounts that provide a quota of received Internet data each month. Data received subsequent to the monthly quota is paid at the end of each month, at a variable rate between 5 & 11 cents per megabyte.

3. Only received data contributes to any PPM quota. Transmitted data from your Roam/Hi Net aDSL connection is not charged and does not contribute to any monthly quota.

4. "Unlimited IP" or "Unmetered" (UL) accounts have no usage time, or megabyte charges, or quotas per month. Rate-limiting or restriction of bandwidth is applied for Unmetered & DD type accounts and account names.

5. There are no changes to service costs based on time of use eg. peak/non-peak periods.

6. There is NO Minimum Contract/Signup Term, billing is on a Monthly basis by emailed Invoice. Payment terms are 7 days for personal customers & 14 days for business customers.

7. $44 Account Change fee upon migration from one Hi Net Account type to another.

8. $90 early termination fee upon account closure during initial 6 months after account establishment.

9. Accounts unpaid within 14 days may be suspended from ADSL, Dialup or Wireless network access.

10. Accounts unpaid within 2 months may be cancelled & all services stopped (incl. email and hosting services, as well as network access).
    Accounts which require cancellation due to payment default may incur a $90 Cancelled Account fee & your account may be referred to debt collection agencies.

11. $135 service re-establishment fee upon moving, relocating or re-establishment (incl. actions resulting from an ADSL Cancellation) of a Hi Net ADSL service, on the same phone line. e.g.: moving house in the same suburb and keeping the same phone #, but moving the ADSL service too.

12. 5% discount on all monthly charges upon 24 month Contract/Signup period.

13. Allow at least 5 working days from sign-up to ADSL account activation & connectivity provisioning.

14. A Line Filter is needed to use an aDSL enabled & in-use or connected 'phone line' for phone calls.

15. All quoted prices Include GST.

The use of the Internet access service for connection to the Internet provided by Hi Net Networks Pty Ltd are subject to these terms and conditions.

• will provide the Customer with the Service by such means as Hi Net determines until this Agreement is terminated;

• Will provide the Customer will all identification and log-in information required for connection to the Service;

• May make changes to the Service interface or functionality and restructure and reclassify information in any way which it believes may maintain or improve the Service.

2.2 Roam/Hi Net is a service provider not a telecommunications carrier and is not liable for telecommunications errors, failures or deficiencies. The use of the Service is at the Customer's sole risk. Hi Net does not warrant that the Service will continue or be uninterrupted or free from errors, viruses, worms or other destructive programs.

2.3 The Customer agrees:-

• to provide, at its cost, the telephone line, modem or router, computer, hardware, software and all other equipment required to access the Service;

• not to assign, sell, transfer or otherwise dispose of its rights and obligations under this agreement;

• to be responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Customer to access the Service;

• that the Customer is liable for all fees resulting for use of the Service accessed through the Customer's identification or login information, whether authorised by the Customer or not. Disclosure or loss of identification or log-in information that results in the incurring of fees or misuse of the Service is the Customer's responsibility and any such occurrences should be immediately communicated to Hi Net. A bill presented by Roam/Hi Net shall be deemed to be correct and prima facie evidence of all connection, access, usage and other fees contained therein;

• to take all steps to ensure that any information or data it uploads to or through the Service is free from any virus, worm, Trojan horse or other destructive program;

• that it is solely responsible for any information or data it receives from or through the Service - Hi Net recommends that all downloaded material be thoroughly checked for any virus, worm, Trojan horse or other destructive program.

2.4 The Customer acknowledges that Hi Net:-

• does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Service and Hi Net shall not be held responsible in any way for any content or information accessed via the Service;

• has no responsibility to provide training in the use of the Service pursuant to this Agreement.

• the Customer fails to comply with any provision of this Agreement concerning the payment of any fees including any fees for the connection, administration or usage of the Service by the Customer;

• this Agreement is terminated for any reason;

• the Customer misuses the Service or fails to comply with the Customer's obligations as to the use and access of the Service as specified in this Agreement.

• the Customer fails to settle their monthly invoices when due or when requested.

• the replacement of the goods or the supply of equivalent goods;

• the repair of such goods;

• the payment of the cost of replacing the goods or of acquiring equivalent goods; or

• the payment of the cost of having the goods repaired; and

• if the breach relates to services;

• the supplying of the services again; or

• the payment of the cost of having the services supplied again.
  

• the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;

• the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;

• the Customer, being a natural person, dies; or

• the Customer fails to settle their account within stated terms; or

• the Customer ceases or threatens to cease conducting its business in the normal manner.

8.2 If notice is given to the Customer pursuant to clause 8. 1, Roam/Hi Net may, in addition to terminating the Agreement:

• retain any moneys paid;

• charge a reasonable sum for work performed in respect of which work no sum has been previously charged;

• be regarded as discharged from any further obligations under this Agreement; and

• pursue any additional or alternative remedies provided by law.

8.3 Either party may terminate this agreement by 14 days' notice in writing.

• In the case of hand delivery, upon written acknowledgement of receipt by an officer or other duly authorised employee, agent or representative of the receiving Party;

• in the case of posting, three days after dispatch;

• in the case of facsimile, upon receipt of transmission if received on a business day or otherwise at the commencement of the first business day following transmission; and

• in the case of E-mail, 24 hours after sending by Roam/Hi Net.

• Posting, disseminating or in some cases accessing material which is unlawful. This includes content hosted in Australia which is classified R and not subject to a restricted access system which complies with criteria determined by the Australian Broadcasting Authority (ABA)

For more information about the regulatory regime applying to online content go to www.aba.gov.au

• Disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain.

• Pyramid or other illegal soliciting schemes.

• Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

10.2 Security

10.2.1. You are responsible for any misuse of the Service, even for example, if the misuse was committed by a friend, family member, guest, employee or customer with access to your Service. You are also responsible for any misuse of your Service regardless of whether the misuse was with or without your consent. Therefore, you must take steps to ensure that others do not gain unauthorised access to your Service.

10.2.2. The Service must not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. It also must not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security (such as password guessing programs, cracking tools, packet sniffers or network probing tools) is prohibited.

10.2.3. You must not disrupt the Service or the Hi Net (the "Roam/Hi Net network" being collectively the Roam/Hi Net and upstream providers and their collective constituent parts including both software and hardware). The Service also must not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited.

10.2.4. You are solely responsible for the security of any device you choose to connect to the Service, including any data stored on that device. In particular, Hi Net recommends against enabling file or printer sharing of any sort. Roam/Hi Net recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

10.3. Inappropriate Content

10.3.1. There may be content on the Internet or otherwise available through the Service which may be offensive to some individuals, or inappropriate for children. For example, it is possible to obtain access to content which is pornographic, offensive and/or unsuitable for children. Roam/Hi Net assumes no responsibility for the content contained on the Internet or otherwise available through the Service. You must assume the risk of accessing content through the Service, and Hi Net shall have no liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. However, one of the ways of minimising the risk of accessing illegal or offensive content as well as managing children's use of the Internet is to use a filter software product. You have the right to make complaints to the ABA about Internet content which is or would be rated R, X or RC. Please refer to the ABA home page (www.aba.gov.au) for information on ways to control content accessible on the Internet.

10.3.2. You are solely responsible for any information which you publish on the web or other Internet services. You must also ensure that the recipient of the content is of an appropriate age. For example, you must take appropriate precautions to prevent minors from receiving your content that may be inappropriate. This includes implementing a Restricted Access System on content that is or would be rated R by the Classification Board. For further information about Restricted Access Systems see http://www.aba.gov.au.

Hi Net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. This includes, but is not limited to: obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trade marks, for example) or is likely to be defamatory of another person. For the purposes of this Acceptable Use Policy, "material" refers to all forms of communication including narrative descriptions, graphics (including photographs, illustrations, images, drawings and logos), executable programs, video recordings, and audio recordings. Commonwealth Legislation allows the Australian Broadcasting Authority (ABA) to direct Hi Net to remove certain prohibited or potentially prohibited content from its servers or prevent users from accessing certain Internet content. Hi Net may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing or suspending your Account, filtering the Internet content made available to you or restricting access to a particular website.

10.3.3. Roam/Hi Net is under no obligation to monitor transmissions made on the Service. However, Hi Net or its agents, have the right to monitor such transmissions from time to time and to disclose the same in accordance with the Customer Terms and privacy laws.

10.3.4. By using the Service to reproduce, publish, display, transmit or distribute content, a user is warranting that the content complies with this Acceptable Use Policy and authorises Hi Net or their agents to reproduce, publish, display, transmit and distribute such content as necessary for Hi Net to deliver the content in a timely manner.

10.4. Electronic Mail

10.4.1. The Service must not be used to send unsolicited bulk or unsolicited commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages must only be sent to those who have explicitly requested it.

10.4.2. The Service must not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.

10.4.3. The Service may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Acceptable Use Policy or the equivalent Acceptable Use Policy or policy of any other Internet service provider or web site. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses the Hi Net network.

10.4.4. Forging, altering or removing electronic mail headers is prohibited.

10.4.5. You may not reference the Hi Net (e.g. by including "organisation: Roam/Hi Net" in the header or by listing an IP address that belongs to the Hi Net Network) in any unsolicited email even if that email is not sent through the Hi Net network

10.4.6. "Mail bombing" is prohibited (i.e. you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files, to a recipient with the intent to disrupt a server or account).

10.4.7. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.

10.4.8. Hi Net is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily at the sole discretion of Hi Net.

10.5. Bandwidth, Data Storage and Other Limitations

10.5.1. You must at all times comply with the current bandwidth, data storage and other limitations of the Service. Users must ensure that their activity on the Hi Net network does not represent (in the sole judgement of Roam/Hi Net) an unusually large burden on the Roam/Hi Net network. This is necessary to ensure that the quality of the service is not impacted upon given the physical constraints and residential consumer orientation of the service. Users must also ensure that their activity does not improperly restrict, inhibit or degrade any other user's use of the Service.

10.5.2 In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede Roam/Hi Net's ability to deliver the Service and monitor the Service, backbone, network nodes, and other network services and components (both software and hardware) of the Roam/Hi Net network.

10.5.4 You must not resell, share or otherwise distribute the Service (or any portion thereof) to any third party without the prior written consent of Roam/Hi Net. For example, you must not provide Internet access to others through a dial up or wireless connection, host shell accounts over the Internet, provide email or news service or send a news feed.

10.5.5 You must not re-sell or provide network services to others via the Service.

The Hi Net service includes WebSpace accounts for publishing web pages. Examples of prohibited use include, but are not limited to, providing network services for e-mail, http, (Hypertext Transfer Protocol) ftp, (File Transfer Protocol) irc, (Internet Relay Chat) dhcp (Dynamic Host Configuration Protocol) or multi-user interactive forums for entities or organisations which which the Customer has no involvement, ownership or relationship other than the provision of the above mentioned included network services.

10.6. Violation of Acceptable Use Policy

10.6.1. Hi Net is not obligated to regularly monitor your usage of the Service. Although Hi Net has no obligation to monitor the Service, Roam/Hi Net reserves the right to monitor your bandwidth, usage or content, to identify violations of this Acceptable Use Policy; and to protect the Hi Net network and other users of this Service.

10.6.2. Hi Net prefers to advise customers of inappropriate behaviour and any necessary corrective action it deems necessary in its sole discretion. However, if the Service is used in a way which Hi Net, in its sole discretion, believes violates this Acceptable Use Policy, Roam/Hi Net may take any responsive action it deems appropriate. Hi Net has no liability for any such responsive actions. The above-described actions are not Hi Net is exclusive remedies and Hi Net may take any other legal or technical action it deems appropriate.

10.6.3. Roam/Hi Net reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Hi Net s servers and network. During an investigation, Hi Net may suspend the account or accounts involved and/or remove material which potentially violates this Policy.

10.6.4. You hereby authorise Hi Net and or their agents, to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Acceptable Use Policy. Such cooperation may include Roam/Hi Net providing the username, IP address, or other identifying information about a user. Upon termination of an account, Hi Net is authorised to delete any files, programs, data and email messages associated with such account.

The failure of Roam/Hi Net to enforce these Terms & Conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Terms & Conditions is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. These Terms & Conditions is governed by the laws of the Australia and the State in which the service is provisioned. You agree to submit to the jurisdiction of the courts of Australia and the State in which the service is provisioned.

Contact Hi Net for more information.