Terms & Conditions


In this document, certain words and phrases are defined for accuracy and certainty. Singular definitions include the plural and vice versa, where the meaning requires it.

Account means the Internet service chosen with Escape and defines the following:
(i) Connection speed;
(ii) Pricing details (of the Setup Fee, Regular Payment, Excess Usage and Special Conditions);
(iii) Contract Period;
(iv) Account Specification; and
(v) Terms and Conditions.

Account Specification means any predefined limits on Internet Access as outlined in Your Application Form.

Asymmetric Digital Subscriber Line or ADSL or Broadband means the technology that allows the transmission of digital information at high bandwidths on twisted metallic pairs.

ADSL Line Completion means the date that Your nominated phone line is upgraded to utilise ADSL services as determined by Escape.

ADSL Line Cancellation means the date ADSL is removed from Your nominated phone line as determined by Escape.

Application or Application Form refers to the form containing:
(i) The Account holder details;
(ii) Payment details; and
(iii) The specific details of the Account.

Broadband means a high-capacity communications pipeline capable of delivering simultaneously a range of voice, video and data services to the home.

Contract means the contract between Escape and You that comes into effect on acceptance by Escape of your Application.

Defined Abuse means misuse of the Internet Access as follows:
(i) Giving an unauthorised person Your Account and password details;
(ii) Deliberately or unintentionally disrupting Escape's service, or engaging in any activity likely to disrupt Escape's service;
(iii) Engaging in Spamming;
(iv) Misusing Internet Access in a manner identified by a competent law enforcement official as unlawful such as copyright violations, defamation or fraud;
(v) Using Your Internet Access to menace or harass others;
(vi) Denial-of-service Attacks on other users or networks;
(vii) Using Your Internet Access to unlawfully obtain access to other networks;
(viii)Using Your Internet Access to make offensive, inappropriate or off-topic posts to Usenet News; or
(ix) Breaching any additional forms of abuse defined in the Special Conditions.

Denial-of-service Attacks means behaviour that results in disruption of Escape's service, disruption of other people's Internet Access, which includes but is not limited to computer viruses, email bombardment and damage to Internet-connected resources.

Domain Name means the registered name for a web address. A domain name needs to be registered, delegated and hosted for it to be accessible via the Internet.

Downtime means periods of unavailability or limited availability of Internet Access.

Escape means Escape Communications Pty Ltd, (A.C.N. 092 262 372) with a postal address of P.O. Box 404, Elsternwick, Victoria 3185. Our telephone number is 1300 131 003 & Fax is 1300 880 104. Our general email address is This email address is being protected from spambots. You need JavaScript enabled to view it. .

Escape Network means any components of hardware and/or software used to supply Your service. This may include components managed directly by Escape or supplied to Escape by 3rd party providers.

Excess Usage Charges means the Fees for the Usage over and above the allocated & included Monthly Usage.

Fee means a sum charged by Escape to You.

Full Service Qualification means the qualifications Your ADSL nominated line must pass to be ADSL capable.

Internet Access means connection to the global network of networks known as "The Internet" using software protocols supported by the Internet Service Provider (ISP) to connect Your computer equipment to the ISPs network. This includes access to email and the World Wide Web.

Open Third-Party Mail Relay means the use of a mail server to process a mail message by an unauthorised person.

Minimum Connection Time means the minimum amount of time before Escape may initiate a disconnection from your Internet Access. Disconnections outside of Escape's initiation are beyond Escape's control and responsibility.

Payments Due means any invoiced amount issued to You by Escape arising under the Account or the Contract.

POP email box refers to a username and password protected space where email for a specific email address is deposited. This mailbox and its contents are stored on Escape's mail server and are accessed using the POP3 protocol.

Provisioning means the time necessary to complete any work that is required for You to be able to access or terminate the connection speed of Your nominated Account.

Regular Payment is the periodic Fee due to Escape from You for Your Internet Access, excluding Setup Fee, Excess Usage and Special Conditions.

Setup Fee refers to a once off Fee stated on the Application Form for Account setup.

Special Conditions means the terms and conditions endorsed on the Application Form which impose fees, conditions and limitations on the provision of Internet Access and include the Account Specifications and any Special Term.

Spamming means unsolicited bulk electronic messages sent by You which in the reasonable opinion of Escape constitutes a breach of acceptable use of the Internet Access.

Static IP means the 32-bit number that is assigned to a computer by Escape to be its permanent address on the Internet while you remain a Customer of Escape. Where a block of Static IP's are allocated, the first and last IP's are not useable.

Suspension means the act of temporarily withdrawing Your Internet Access.

Terminate means the process of Escape ceasing to provide Internet Access to You.

Traffic is all data that is inbound (IE. incoming to your Internet connection), or outbound (ie. outgoing from your Internet connection) at all times. Traffic may take the form of emails, web requests and web data, File Transfer Protocol (FTP) uploads or downloads and other services. If you are connected to the Internet, then you are most likely using Traffic. The Account you have will determine how your Traffic with Escape is counted and/or billed.

Usage means the measurement of time or data generated by Your Internet Access.

Usage Charged means any Account that is billed for Excess Usage.

Usenet News means the hierarchy of newsgroups providing public messages on a variety of topics.

Web Hit means a request for any file from the World Wide Web, including but not limited to any text, graphics, sound, animation or video file on any individual web page.

Web Space refers to the space allocated by Escape as a facility to store WebPages if supplied on your plan.

Customer, You and Your refer to the customer of Escape named in the Application Form, and includes any person using the Account with or without Escape's permission.

Terms and Conditions

These Terms & Conditions along with the Escape Acceptable Use Policy (below) & the plan details on the Escape Website at www.escapeonline.com.au make up the entire agreement under which a Customer agrees to be bound in return for provision of services from Escape.

1.0 Service Agreements

1.1 Section 1.0 applies to all Accounts.
1.2 Escape agrees to provide You with Internet Access under Your nominated Account for the Fees stated in Your application at the time of signing up.
1.3 Applications are accepted in person, by facsimile, online and over the phone subject to the specific Account requirements. When Escape accepts Your Application Form, the Contract is formed and You are bound to the Fees, Contract period, and this Agreement until either party terminates the Account in accordance with these Terms and Conditions.
1.4 Your Account is activated when Escape accepts and processes Your completed Application Form. Some Accounts require a Provisioning period and activation occurs when Provisioning is complete.
1.5 Escape will provide You with the required configuration information, Your username, password and access number for Your Internet Access. You are responsible for all equipment and software necessary to access the Internet, including, but not limited to, a computer, modem/router (unless otherwise stated in Your Account) and an active phone line.
1.6 You must use a secure password and ensure that this password is not disclosed to any unauthorised person.
1.7 You are responsible for all use of Your Account. Escape cannot protect You against computer viruses or other security problems. Escape cannot control the material that is available on the global Internet. If You are confronted with material You believe to be illegal, You should report it to the appropriate authority.
1.8 Escape does not accept Accounts from persons under the age of 18. If You allow a minor to use Your Account then You are legally responsible for supervising their usage.
1.9 Escape will protect Your privacy and will ensure that Your full name, password, payment, personal, and contact details are not disclosed to third parties except as necessary to provide your service or specifically permitted or required by law.
1.10 Your password is the means by which you secure your account from unauthorised usage. Your password is known to Escape and our staff for the sole reason of helping you with access problems and will not be disclosed to any person by Escape staff without your consent. Please note that your password is a shared secret with Escape, and it is in your interests to change the password regularly (on specified Accounts).

2.0 Network Agreements

2.1 Section 2.0 applies to all Accounts.
2.2 Escape makes all reasonable effort to provide You with Internet Access. However, occasional scheduled maintenance and operational problems may result in some services not being available. Escape will remedy any service problems as soon as possible, but Escape is not liable for any loss You suffer because any part of the Internet Access is not working.
2.3 Connection speeds cannot be guaranteed, nor can Escape guarantee connection to any particular Internet site.
2.4 Network performance may vary among Accounts, as Escape may manage the network to ensure fair and equitable Usage.
2.5 Escape is not responsible for backup and storage of Your data and is not liable for any losses incurred as a result of this.
2.6 If the size of an email (including attachments) sent or addressed to You passing through our mail server exceeds 5 Mb, Escape's mail server may reject the message. Mail may be deleted from time to time off our server if it has been stored for longer than 30 days without being downloaded. The mail server is not to be used for long term storage.
2.7 If You run Your own mail server, it is Your responsibility to ensure it is not open for use as an Open Third-Party Mail Relay. In the event that Escape is notified of or detects an open mail relay from Your server, Escape reserves the right to block the port until the Open Third-Party Mail Relay is closed.
2.8 You are not permitted to use Your dialup account with any type of automatic redial facility. This includes facilities from within Your operating system, email program or 3rd party programs. Failure to comply will immediately result in the suspension of Your account without notice.
2.9 Escape operates under a fair usage system which provides for network resources to be available for the greatest number of customers that is financially viable to do so. This means that all users are able to use the network resources up to 1.4 times the average usage of users on a specific plan. e.g., if all users on plan A average 100 hours per month, then you may use up to 140 hours per month without abusing the fair usage system. If usage exceeds this amount, then Escape may ask You to keep within this usage range. Failure to comply will immediately result in the suspension of Your account without further notice.

3.0 Administration

3.1 Section 3.0 applies to all Accounts.
3.2 Escape operates a 7 day a week helpdesk, staffed every day of the year except certain public holidays which Escape would notify You of in advance. If You are experiencing any technical difficulties with Your Internet Access, email This email address is being protected from spambots. You need JavaScript enabled to view it. . All enquiries related to the administration of your account should go to 1300 131 003.
3.3 All Internet related queries must go though Escape. Any calls made to a third party that results in a charge levied against Escape may be billed to You.
3.4 You may notify us by post, facsimile or email. We may notify You by post, facsimile or email. You agree to keep Escape notified at all times of a current e-mail address to which Escape may send billing and other information.
3.5 Advice from Escape's staff and representatives is given in good faith but Escape does not represent that its staff or representatives are experts in the operation of Your computer hardware or software and You must act on any advice given at your own risk. The software supplied with new Accounts has been provided in good faith by Escape and Escape is not aware of any defects in the software that may interfere with the operation of Your computer hardware or software. However prior to installing the software You should verify that it is compatible with Your computer hardware and software. Escape does not warrant that the software will be compatible or defect free and you agree to install and use the software entirely at your own risk.
3.6 Escape makes reasonable efforts to ensure that information on the Escape website is correct and up to date. However, Escape does not warrant the accuracy of that material. All information is subject to change without notice.
3.7 Escape may change Fees or conditions on 14 days notice. Escape will notify You if the proposed changes would be in any way detrimental to You.
3.8 If Escape is ever sold to another company, these terms will remain in force during any period of transfer and transition.

4.0 Billing

4.1 Section 4.0 applies to all Accounts.
4.2 Regular Payments commence from the date Your Account is active with Escape and are for services provided during the billing period or any part thereof until cancelled. Cancellation of a service before the end of a billing period will not result in a credit for the unused portion.
4.3 All portions of Usage are billed for. Unused Usage monthly allocations are not transferable to consecutive months.
4.4 The Setup Fee is processed upon acceptance of Your application and is non-refundable except where Escape has received payment of the Setup Fee and the service is deemed to be not available after a Full Service Qualification has been undertaken.
4.5 The Payment Due is payable in monthly, quarterly or annual installments, depending on Your choice of Account. Bills are sent by email in the form of a Tax Invoice as required by the Goods and Services Tax Legislation.
4.6 Usage Charged Accounts are billed the Regular Payment for the billing period in advance. Charges for the Usage are then billed in arrears, unless otherwise stated.
4.7 Unless otherwise stated, Usage Charged Accounts are calculated at the monthly anniversary. All Usage is counted, then Excess Usage plus Regular Payments are billed for.
4.8 Usage Charges relating to Traffic are counted for ALL Traffic that passes from the Escape Network through Your Internet connection. Unless otherwise stated, only the "inbound" traffic is billed. That is, all Traffic from the Internet to Your Internet connection.
4.9 You are responsible for all Fees incurred through the use of Your account, regardless of the source of Usage. The Customer will be responsible for and liable to pay all applicable charges relating to the Service, including upload and download traffic, whether such use was made by: a) The Customer; b) Another person with or without your knowledge or consent.
4.10 If Your Account has a Contract period, once the Contract period has expired, it will be self renewing on a monthly basis unless otherwise specified.
4.11 If You provide a credit card, it will be debited on the anniversary of your service except for ADSL services which will be billed prior to renewal unless You instruct otherwise. At least 30 days notice is required if You do not want a payment to be charged against an existing credit card.
4.12 Any unpaid monies owing to Escape may be referred to a collection agency.
4.13 Any Defined Abuse that causes significant network issues to Escape may result in charges to Yourself for Escape's time.
4.14 Unless otherwise stated, Invoices for business services may be paid by Cash, Cheque or Credit Card whilst residential services must be paid by Credit Card only.
4.15 Dishonoured cheques will incur a $16.50 administration Fee
4.16 A late fee will be incurred by You if for any reason we have not received Your payment within 7 days of the invoice due date or if we have been unable to debit Your Credit Card; this includes but is not limited to delays because of insufficient funds, expired, lost or stolen Credit Cards. The onus remains with You to notify us of any of these changes prior to Escape debiting Your credit card.
4.17 The late fee is calculated as follows:
If the amount of the invoice is less than or equal to $300 ex GST, then a late fee of $15.00 is charged
If the amount of the invoice is greater than $300 ex GST, then a late fee of 5% is charged
This fee is charged against every outstanding invoice, for each month that it remains unpaid.
4.18 Where the Regular Payment amount of an Account is pre-paid for a period of time, in the event that Escape is unable to obtain payment by the payment method produced by the customer for Usage charges, Escape may use the pre-paid amount to offset these charges and suspend or terminate the service at it's discretion. Notwithstanding the above, any early termination or other fees applicable would then be payable immediately.

4.19 Where an Account is billed for Peak and/or Off Peak Usage, that means that any Usage in excess of the included Usage in either/both Peak or Off Peak time will incur excess Usage charges.

4.20 If you have a domain registered with us, it will be automatically renewed unless we receive written notification that you wish to terminate it, at least 14 days prior to the expiry date.

4.21 If your account contains any usage based services with an included quota of data or telephony calls, we will notify you by email to the contact email address where your invoices are sent to, when your usage reaches 50%, 85% and 100% of your included quota. Usage over this threshhold will result in additional usage charges.

5.0 Suspension and Termination

5.1 Section 5.0 applies to all Accounts.
5.2 You may change or Terminate Your Account with 30 days notice in writing, subject to the following:
(i) If You Terminate Your Account and have pre-paid Fees for a set term, no refund is payable;
(ii) If You wish to change Your Account You may do so at the end of a pre-paid period, and You will incur a plan change Fee on specified products which can be found on the Escape website; or
(iii) If Your Account has a fixed Contract period, service cancellation within the Contract period will incur an Early Termination Fee which can be found on the Escape website. (Any excess charges are payable immediately)
(iv) If You wish to terminate Your account, the balance must be at a nil value, having no outstanding amounts owing otherwise your account will still be chargeable, notwithstanding that service may be suspended during this period of non-payment.
5.3 Escape may initiate Termination of Your services if any Payments Due are not paid to Escape by the due date. The following process will occur:
* In the event that payment is not made by the due date, a late notice email will be sent out
* If payment has still not been received within 7 days following the due date, a late payment fee will be applied to the invoice
* If an invoice remains unpaid 14 days after the due date, the services may be suspended without further notice.
In the event that services are suspended, they can only be resumed after payment in full of all outstanding amounts along with all late payment fees as well as any re-activation fees. Escape reserves the right to only re-activate services going forward on a pre-paid basis.
5.4 Escape may Suspend Your Internet Access while investigating any complaint of criminal behaviour or Defined Abuse on Your part. Escape will monitor or limit the Internet Access as required by the lawful direction of a competent law enforcement official.

5.5 Escape may initiate Termination of Your Internet Access for Defined Abuse and the following will occur:
(i) Escape will notify You at the time of Termination;
(ii) Escape will have the right to levy a reasonable Fee for any costs incurred as a result of the Defined Abuse.
5.6 Escape is not responsible for Webpages, email or other data lost as a result of Your Account being closed.

6.0 Complaints & Disputations

6.1 Section 6.0 applies to all Accounts.
6.2 If You are disputing any matter with the Internet Access provided by Escape, You can make a formal complaint by following the procedure detailed in the Complaints Procedure section below.
6.3 If You dispute any Payments Due, You are required to pay any outstanding invoice, with a refund being made in the event that Your dispute is accepted. Escape will inform You of the results of the dispute.
6.4 If You dispute any Payments Due, You may request a detailed Usage record. The cost of preparing a detailed Usage record is $80 per hour, with a minimum $80 charge. However, if the dispute returns in Your favour, there will be no detailed Usage record Fee.
6.5 If you wish to make a complaint about Escape, our services or any associated matter, you may contact us by telephone, email, letter or facsimile. We do not require complaints to be in writing. Wherever possible, complaints will be dealt with promptly, and you will receive a response within 5 working days.

7.0 Third Parties

7.1 Section 7.0 applies to all Accounts.
7.2 Third party carrier costs for call connection Fees from Your modem/router to Your Escape dialup number are Your responsibility. You are responsible for checking with Your telecommunications provider that the cost of the phone call from the modem/router to Escape is not at a long distance rate.
7.3. To the fullest extent permitted by law You release and indemnify Escape and its suppliers from all liability, loss, expenses, damages and costs incurred, (including liability from third party claims) arising from or in connection with any possible disruption or cancellations of phone line services.

8.0 Additional Clauses for Broadband Accounts

8.1 Section 8 applies to All Broadband services except Rocket DSL services which are also covered by seperate Terms & Conditions.
8.2 Broadband ADSL is only available in specific areas. Your nominated Broadband ADSL line is subject to a Full Service Qualification as not all telephone lines are compatible with Broadband ADSL. Approved lines require a Provisioning period before the Account can be Activated.
8.3 The installation of Broadband ADSL may cause minor disruption to Your standard telephone service.
8.4 Included in Your Broadband Account is the conversion of Your nominated phone line to provide ADSL capability. Upon Account Activation, You will be sent an information pack with details of how to setup Your service. Any requested hardware will be included (at the specified rates).
8.5 An ADSL modem/router is required to operate Your Broadband service. You may either:
(i) Purchase an ADSL modem/router from Escape; or
(ii) Provide Your own compatible ADSL modem/router.
8.6 Your Broadband connection will require a network access point and a telephone wall socket. If You will be purchasing an Ethernet ADSL modem/router, You will require an Ethernet Card to connect this modem/router to Your computer. If You will be purchasing a USB ADSL modem/router, You will require a USB port to connect this modem/router to Your computer. If You require a filter, an RJ12 wall socket or converter will be needed.
8.7 Escape supplied modem/routers are not supported under the following circumstances:
(i) You running internal modem/router software other than that provided with the modem/router;
(ii) You running internal networks on our internal modem/router software; or
(iii) Macintosh Operating systems below 8.0.
8.8 Any ADSL modem/router purchased by You from Escape is covered under the full manufacturers warranty. You should take all due care during electrical storms that Your modem/router is turned off at the power supply, as this damage is not covered under Your warranty.
8.9 Unless otherwise stated, all Broadband Accounts require valid credit card details. These details will be used for the Setup payment, hardware purchased, Regular Payments and Usage charges on all future invoices.
8.10 Invoices unpaid prior to 14 days before renewal, will be suspended without written notice. If an invoice remains unpaid at 7 days before renewal, Your Escape Account will be cancelled and ADSL will be cancelled from Your nominated line.
8.11 Unpaid Broadband Fees owing to Escape will be referred to a collection agency and You will be liable for Fees arising from any necessary debt collection.
8.12 You may change Your nominated ADSL line if the following conditions can be met. If they cannot be met and You wish to cancel Your Broadband Account as a result, Fees will be applicable as per 8.14. A relocation Fee will be applicable if these conditions can be met:
(i) Your new line lies within an Escape ADSL enabled area; and
(ii) Your new line obtains full service qualification approval.
If a free port is not available in Your local exchange at the time of Your application, Your application to upgrade Your line will be placed in a waiting list and provisioned when a port is free. Escape is not liable for any losses You may suffer because of this.
8.13 You may transfer from any Account within one plan table to another Account within the same plan table and a plan change fee will apply. (See the Escape Website for details) If You wish to transfer from an Account within one plan table to an Account within another plan table, there may be some disruption to your service and a new connection required. There would also be fees for this change of service.
8.14 If You cancel any Broadband Account, the following cancellation Fees apply:
(i) Before ADSL Line Completion: $165 administration Fee;
(ii) Within 6 months of ADSL Line Completion: No refund on prepaid amounts plus the remainder of the contract's Regular Payment Fees plus an Early Termination Fee;or
(iii) After 6 months of ADSL Line Completion: No refund on prepaid amounts.
8.15 If Your ADSL enabled phone line is cancelled with Your telecommunications provider for any reason, this event is between Yourself and Your telecommunications provider, and Escape is not party to the event. ADSL is removed from the line as a consequence of this event. If You wish to have ADSL reinstalled on the line it will be Your responsibility to have the line reconnected at Your own cost, and You will be required to pay Escape a reconnection Fee. Failure to reconnect the line will result in cancellation fees as per clause 8.14.
8.16 In the event Your use of the ADSL services interferes with our suppliers' network or systems, Escape or the supplier may cancel the ADSL service without notice or compensation. You may be liable for any cancellation fees as per clause 8.14.
8.17 Broadband is provided without warranty that it is fault free or continuous, and Your connection may at some time fault either line synchronisation or communications. In this event please contact Escape. Fault resolution will normally occur within 72 working hours from notification. Depending on the nature of the fault, fault relief may take longer. Escape is not liable for any loss of revenue You may suffer as a result of this downtime.
8.18 Escape offers a dialup account as either a backup measure to Your ADSL or for when you are away from Your ADSL connection, whereby You may dial-up via a standard analog modem (supplied by Yourself) to connect to the Internet. Your Internet Access Usage against the modem dial-up will be at a cost per hour of use. (See the Escape Website for details)
8.19 Escape does not guarantee Your connection will achieve the theoretical maximum stated in the connection speed at any given time as variables such as signal strength, distance from exchange, traffic and load have an influence the connection speed.
8.20 The download speed of Broadband services is subject to variation, dependent upon factors such as network load as well as general traffic congestion on the internet.
8.21 Broadband Accounts may or may not be provided with static IP Addresses (see Escape site for details).
8.22 The Broadband Accounts which come with a Static IP address may be suitable for hosting externally accessible servers.
8.23 From time to time, Escape may need to block ports for the security & reliability of the network.
8.24 It is Your responsibility to ensure Your connection is secure. Escape is not liable for any breaches because the security of Your computer has been compromised. Escape recommends some form of PC protection such as firewall software be installed.
8.25 Modifications to Your Broadband Account may require a Provisioning period, and the modifications can cause downtime. Fees may be applicable.
8.26 Changes to the account holder details of the nominated telephone line will not be able to be made with Your telecommunications provider when ADSL has been provisioned on the line without a reconnection Fee being applied. Downtime would also result in this circumstance. 8.27 Regular telephone service charges are not part of Escape's Broadband service, and are payable to Your telecommunications carrier direct.

9.0 Additional Clauses for Telephone Services

9.1. You acknowledge that although we will take all reasonable steps to ensure you receive the voice service all of the time, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice service at certain times.
9.2. When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence, permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement.
9.3. We may ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges.
9.4. Fees and charges applicable to your service will commence from the date of signup. You must pay hardware and services charges (and taxes) together with any additional charges applicable to your service.
9.5. We will email an invoice to you no less frequently than monthly. All fees and charges will be billed to your nominated credit/charge card. If we are unable to debit your credit/charge card, you will incur extra charges.
9.6. We can decide that you have a credit limit. If so, we will tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges.
9.7. Your term begins when you signup and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, you must give us 30 days written notice.
9.8. You acknowledge that your use of the service is bound by these terms and conditions in conjunction with the details of the telephone service as described on the Escape website located at www.escapenet.com.au.
9.9. Rates are subject to change at any time however we will notify you when these changes occur and billing based on the new rates will commence from that notification.
9.10. Where you are receiving a discounted rate for a service that is bundled with a telephony service, in the event that the telephony service is terminated or suspended, you will be charged the normal retail price for that service from the date that the telephony service ceases.

10.0 General Agreement

10.1 Section 10.2 applies to all Accounts.
10.2 You indemnify and agree to keep indemnified Escape from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to Your use of the Internet Access. This indemnity is a continuing obligation separate from Your other obligations under the Contract and will continue despite termination of the Contract for whatever reason.


This is Escape's Acceptable Use Policy (AUP). This policy applies to all users of any Escape network Service regardless of the size, nature and location of the Customer.

  1. The Customer must take all reasonable measures to prevent unauthorised access to the Escape network, Escape services, the Customer's network and the Customers service's.
  2. The Customer must comply with all applicable local, state, Commonwealth and international laws.
  3. Minors must be supervised by a parent, teacher or other responsible adult at all times while using the Service as Escape is not responsible for Internet content that may be viewed using this service.
  4. The Customer may not use the service in a manner which may disrupt the performance, reliability, security or operation of any other Escape services or which may interfere with any other Customers' use of the Escape network and services. Activities which the Customer is forbidden from engaging in include, but are not limited to:
    1. the distribution of messages to inappropriate or unrelated forums, newsgroups or mailing lists (`spamming');
    2. the sending of unsolicited bulk messages or unsolicited commercial messages;
    3. the sending of messages to individuals who have indicated that they do not wish to receive messages;
    4. the propagation of chain letters;
    5. the collection of responses including, but not limited to, web page or image views, email messages or news posts, from unsolicited bulk messages or unsolicited commercial messages sent from any Internet service which violate this AUP;
    6. the forging, alteration or removal of electronic mail or newsgroup headers;
    7. the sending of numerous copies of the same or substantially similar message, large messages or files, to a recipient with the intent of disrupting a server, account, or service ('mail bombing');
    8. the posting of a large number of messages or amounts of text in newsgroups or chatrooms with the intent to disrupt discussion or the service of other users ('flooding');
    9. the propagation, intentionally or unintentionally, of computer worms, viruses and other types of malicious programs;
    10. transmissions of any type or quantity which adversely affect Escape's operation or jeopardise the use of Escape's service, or its performance for other subscribers; and
    11. harassment or impersonation of Escape or other users.
  5. The Customer must not illegally use any process, program or tool via the Service for breaking or accessing the passwords of Customers on Escape's or any other Internet Service Provider's systems.
  6. The Customer must not download, reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information, data, text, graphic, audio or other like material accessed through or received from the Service that may infringe the intellectual property rights of any person.
  7. If the Customer is a commercial Content or Internet Service Provider, then;
    1. the Customer has legal responsibilities in relation to the provision of content under Federal, State and Territory laws concerning content that is intended to be provided to the public from within Australia. Information relating to these legal responsibilities may be accessed from the Internet Industry Association website, http://www.iia.net.au;
    2. any content that is deemed unsuitable for children should be so labeled. Information on the labeling is available on the Internet Industry Association website http://www.iia.net.au; and
    3. the Customer must provide information about filtering software, labeling systems and filtered Internet carriage services. This may be provided through links on the Customer's website to organizations such as the Internet Industry Association, the Australian Broadcasting Authority, or NetAlert.
  8. Escape expressly prohibits the service from being used to host, access, support or store illegal content or activities, including, but not limited to, the hosting, download, reproduction, distribution, transmission, publishing, copy or transfer of pornographic, racist or homophobic material.
  9. The Customer must ensure that the content hosted on Escape's servers as part of the Service, coupled with any programming or software code, does not contain any defects or other code that is intended or is likely to:
    1. cause the hosted content to cease being operational,
    2. cause any damage to or interfere with the content or information stored on the Escape hosting platform, or
    3. violate any of the Terms or Conditions.
  10. The Customer acknowledges that information available through Escape from the Internet may not be accurate, that some of the information available through Escape from the Internet may be intended for adult audiences and that Internet communications are not secure or private and may be subject to delay, caching, redirection, interception or loss. Escape is a service provider, and as such is not liable for the content transmitted end-to-end, and disclaims any liability for any material on the Internet that the Customer finds upsetting, defamatory or personally offensive.
  11. The Customer acknowledges that the Internet is not an inherently secure system and undertakes responsibility for the protection of his/her/its data stored, or conveyed on the Escape network. The Customer acknowledges that the Internet may contain viruses (including other destructive programs) that may, if not eliminated, destroy parts or all of the data contained within the Customer's system. The Customer further acknowledges that Escape has no control or authority over these viruses and is not liable for any damages that such viruses may cause.
  12. To ensure that this policy is followed, Escape may monitor the content of traffic over the Service whilst safeguarding the Customer's privacy, unless in doing so, Escape consider this action to constitute concealment of a criminal offence or to inhibit the enforcement of this policy. If Escape considers the Customer's use of the Service does not comply with this policy, Escape will attempt to contact the Customer before taking any corrective action. Escape reserves the right to terminate the Customer's account and/or notify the authorities if Escape believes that the Customer's use of the Service constitutes a criminal offence.
  13. Escape reserves the right to update these Terms and Conditions (or AUP) without notice, prejudice or exclusion as and when required. Any such updates will be published to the Escape Website (http://www.escapeonline.com.au) and will be deemed to be immediately active and enforceable upon publication.