Titan Internet

General Terms and Conditions of Use

TITAN INTERNET LIMITED
STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND/OR SERVICES
Effective: 1/07/2001
1. Definitions
a) 'Titan' is Titan Internet Limited, trading as 'Titan', and it's employees, officers, agents, and affiliates. b)The 'Agreement" means Terms and Conditions and the details on the Application for Titan Internet Account c)The 'Customer' refers to all other persons, companies, or other entities identified on the Application for Titan Internet Account d)The 'Service' means the computing and communication service known as the Titan Internet Service, as modified from time to time.
2. Application and Variation of these Terms
These terms and conditions are the terms on which Titan provides services or goods to its customers, modified by any written contract between Titan and it's Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede prior agreements. Titan may modify these terms as applying to any agreement, the pricing structure for any Service (that does not have a quoted price for a fixed duration) or the terms of the operation by general notice on a page of the Internet referred to on the Titan website and in our email newsletter, and any use after that publication of the next email newsletter will constitute an acceptance of that modification.
3. Charges
The service is a subscription service payable in advance. The customer must pay for all goods and services by the due date. In particular the Customer must pay for all service time charges and other amounts incurred by the Customer or its Users or incurred as a result of any use of the Customers Password (whether authorised or not) in accordance with the billing option selected. In addition, the Customer must pay for all charges and expenses incurred by Titan resulting from any security breach of Customer hardware or software installed on the network.
4. Dial Up Internet Access
Titan reserves the right to disconnect users who, in Titans sole discretion, have been online an unreasonable length of time. Titan allows the simultaneous logging in, on dialup accounts, of more than one user of an account. Charges for the time used simultaneously is billed monthly to the Customer s account. Customer takes responsibility for all use of the usernames and passwords on their account.
5. Customer Costs
In addition the Customer must provide and pay for: a) the installation and use of telephone lines and all other equipment needed to access the Service at their own cost; b) all government taxes, duties and levies (if any) imposed on the customer or Titan in respect of any Services or goods supplied.
6. Payment of Accounts
Payment for all service is due upon the invoice due date. The Customer must pay all amounts billed in accordance with the billing option they are on. Changes to the monthly account part way through a month are permitted with a $10 administration fee and a resetting of the billing date. No credit terms are given. If payment is not received after the due date a 10% late payment fee on all overdue amounts will be applied per month. Accounts with a balance more than 60 days overdue may be suspended without further warning. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received. Suspended accounts may be sent to Titan s debt collection agency without further notice. Any expenses incurred in the recovery of overdue amounts, including but not limited to legal and debt collection costs, shall be claimed on the customer. Any questions regarding the charges on an account must be addressed within 60 days of the billing date.
7. Security Deposit
Titan may require the payment of a security deposit before providing the service, or as a condition of continuing any Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, Titan shall return the outstanding balance of the security deposit, without interest.
8. Credit Checks Privacy Consent
The Customer consents to Titan obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by Titan of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
9. Privacy
Titan will not reveal, sell, or in any way divulge information about the Customer ir the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant.
10. Publication at Customers Risk
The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies Titan against any liability in relation thereto. In particular the Customer undertakes that it shall not publish or issue any information which is illegal. The Customer also acknowledges that Titan does not vet or approve any information or material available through any service and that Titan does not accept any liability. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.
11. Provision of Service
The Service provided to the Customer is not fault free and relies on factors outside the control of Titan. The Service is provided to the Customer at such times and means as Titan decides from time to time.
12. Exclusion of Liability
Except as provided in clause 12. Titan is not liable to the Customer or any other person for:
a) any cost, loss or liability (including loss of profit or other consequential damage) arising from Titan's supply or failure or delay in supplying Service.
b)the content, context, or confidentiality of any communications made using the Service. Titan does not provide support for third party software, including software downloaded from the Internet.
13. Limitation of Liability
Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any Service or goods are excluded and Titan will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service or goods inclusive of any software material hosted or designed by Titan. However, Titan's liability for any breach of such implied term or warranty will be limited at Titan's option or in any way permitted by the legislation including where so permitted:
a)If the breach relates to goods: the replacement or repair of the goods; or the payment of the costs of replacing or repairing the goods.
b)If the breach relates to services: the supplying of those services again; or the payment of the costs of having those services supplied again.
14.Breaches
The Customer shall indemnify Titan against any loss (including any loss of profit) incurred by Titan as a result of any breach of the terms of any agreement with Titan including damages in respect of any period between the date of actual termination (including termination under clause 14). And the date on which the Customer was entitled to terminate such agreement in accordance with its terms.
15. Indemnity
The Customer shall indemnify Titan against all claims, expenses, damages, or other liabilities arising directly or indirectly from accessing of obscene, defamatory, or offensive material via the Titan Internet service or the filtered Internet service of Net Guardian.
16. Termination
Either party may terminate this agreement with 30 days written notice. Any balance owing on an account must be paid prior to closure. After reasonable notice is given Titan may terminate any agreement of the provision of any Service if:-
a). the customer breaches any term of any agreement
b). Titan forms the opinion in good faith that the Customer is or may be insolvent. All deposits paid to Titan will be non-refundable if at any time the order is cancelled by the customer. All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.
17. Suspension of Service
Titan may from time to time without notice, for reasons other than payment (reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:
a)During any technical failure, modification or maintenance involved in the Service provided that Titan will use reasonable endeavours to procure the resumption of the Services as reasonably practicable; or
b)If the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in Titan's opinion may have the effect of jeopardising the operation of any Service.
Notwithstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account which is suspended may not be altered or closed until full payment on any outstanding balance is received.
18. Information received
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding Titan's Service in any way which is to be used for competitive purposes in relation to the Service.
19. Assignment
The Customer cannot assign its rights under any agreement with Titan without the prior written consent of Titan (which may not be reasonably refused).
20. Governing Law
This Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts. It is illegal to view certain types of information (notably types of pornographic material) in New Zealand. Users of Titan may not break any laws while using the system. The availability of such material on the Internet is beyond Titan's control.
21. Netiquette
While hacking, spamming and port scanning are not illegal activities in New Zealand, Titan does not support or condone the use of the Internet to breech any other system without the expressed consent of the administrator of that system.