What is an Internet Access Agreement?

An Internet Access Agreement sets out the rights and obligations of the Internet Service Provider (ISP) and the customer governing the provision of internet access services.

Guarding your log-in details

The customer is responsible for keeping identification and log-in information secret. Generally, if the service is accessed by someone else using your personal access details you will be liable for the cost. If this information is lost or disclosed inform your ISP immediately.

Terms of use

Generally ISPs require customers to agree to abide by the ISPs terms of access and use before gaining access to the internet. The terms might include an ‘Acceptable Use Policy’. Be aware the policy may restrict your use of the internet and prohibit the following:

* transmission of materials for illegal purposes;

* bulk transmission of unsolicited email and messages to unsuitable internet users, service providers or newsgroups;

* transmission of defamatory, offensive or pornographic material; or

* transmission, reproduction or publication of information which would be an infringement of an intellectual property right (eg copyright, moral right, patent, trademark).

Storing information

The ISP will usually not take responsibility for backing up files or other data generated by a customer including the customer’s email. It is important to prepare and maintain your own back-up system.

Internet access agreement checklist

You should consider the following when entering into an internet access agreement:

* Will the service be offered on a continuous basis?

* Will the ISP provide the customer with identification and log-in information?

* Does the ISP exclude itself from responsibility for content or other information?

* Can the ISP prevent the customer from accessing the service? If so, in what circumstances?

* Must the customer provide the access facilities?

* On what basis does the ISP charge (eg timed, prepaid, flat rate – see Selecting an Internet Service Provider) and how are they to be paid?

* Does the ISP exclude liability for damages?

* Can the ISP terminate the contract? If so in what circumstances?

* What is the law governing the contract?

* Can the ISP retain and access data or information about the Customer’s use of the Service?

* Can the rights and obligations of the Customer set out in the agreement be given up by the Customer (eg by selling, transferring or delegating those rights)?

* Does the ISP disclaim liability for any internet material that the Customer finds offensive or which is unsuitable for people under the age of eighteen?

* Are there circumstances under which either party might be liable for any delay or failure to perform its obligations?

* Can the ISP sub-contract for the performance of the service? Does the ISP require the customer’s consent before doing so?

* Does the ISP provide training?

Other relevant Articles on this site:
Telecommunications law

Other relevant Fact Sheets:
Consumer Protection
Online Contracts
Privacy
Telecommunications (long version)
Telecommunications (short version)

End Notes