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Last updated - 28 October 2002

This Agreement is by and between The Australian Internet Company ('AiC'), and the Client (as listed in the Standard Single User Internet Access Application form) for the provision by the AiC of certain electronic communications services in exchange for the payment of fees and compliance with conditions stated herein.

1. Billing/Terms/Termination

The AiC will bill the client for initial connection and fees as per their Internet Access Application form details. All charges quoted includes GST. In the case of credit card account, you authorise us to charge Tax Invoice amount to the nominated credit card. Payment of the subscription and connection fees must occur before the service commences. Quarterly payment is the preferred payment option, but Clients can arrange for monthly or yearly payment. Payment can be made by credit card, direct credit, cheque or money order (the preferred payment option is by direct credit and credit card). This is a continuing agreement until terminated by either party according to the terms listed herein.

The service CAN ONLY BE TERMINATED ON THIRTY (30) DAYS PRIOR WRITTEN NOTICE by the Client. Subscription and connection payments are non-refundable. (eg if Client opt for quarterly or yearly, the termination can only apply a month before the expiry of the period). A $15 administration charge applies to change account Plan or username (log-in) details. Termination or cancellation does not necessarily remove the Client's responsibility/obligations under this agreement. The AiC reserves the right to disconnect the service at any time for breach of these terms and conditions. In the event of a dispute by a client, the AiC has the right to suspend the subject account pending an investigation and to report back to the client in writing within 48 hours. The Client then has 48 hours in which to agree or not to agree and on resolution of the dispute the account will be reactivated at no additional cost to the client. Account holders may check their monthly account usage (including downloading) under the Client Services section of http://www.aic.net.au. After closing an account, rejoining fee is $27.50. AiC will not take any responsibility with regards to the Clients' telephone call charges in relation to dialling in to connect to our Internet services, and also the telephone rental charges. These charges are between the clients and their chosen Carrier Service Provider (CSP) eg. AAPT/Optus/Telstra/etc. AiC is therefore not responsible for these charges.

2. No Warranties

With respect to services provided, the AiC makes no warranties of any kind, whether expressed or implied, including any implied warranty or merchantability or fitness of this service for a particular purpose. The AiC takes no responsibility for any damages suffered by the Client, including but not limited to, loss of data from delays, non-deliveries, miss deliveries, or service interruptions caused by the AiC's own negligence or Client's errors and/or omissions. Any liability of the AiC will be limited to re-supply of the service.

3. Use of Service

This service may only be used for lawful purposes. Materials and/or transmission in violation of any state or Federal regulation(s) is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material or material protected by trade secret. The Client agrees to indemnify and hold harmless the AiC from any claims resulting from the Client's use of this service, which damages Client or any third party. Clients agree to pay for the cost of damages made to AiC and also pay for the clean-up cost. The clean-up cost includes administrative work, legal cost, cleaning up of computers/Servers, and all other cost necessary to repair the damages incurred.

4. Limitation of Liability

Use of any information obtained via this service is at the Client's risk. The AiC specifically denies any responsibility for the accuracy or quality of information received or sent through its services.

5. Conditions

The Client agrees this account will only be used by him/her and for private OR business purposes (whichever is nominated on the application form). The Single User account entitles the Client to 5 megabytes of storage space on the AiC's system (for a personal Web Site which cannot be used for conducting business), one prime e-mail box & 2 additional email boxes and access to other standard Internet services. AiC Casual is $5/monthly subscription and $2.50 per hourly charge. AiC10 gives you 10hr @ $16.95/mth and excess usage @ $2.40/hr. AiC25 gives you 25 hr @$24.75/mth and excess usage @ $2.20/hr. AiC50 gives you 50 hr @ $34.95/mth and excess usage @ $2.00/hr. The megabyte plans - these are AiC250 which provides you with 250MB @ $25.95/mth and excess MB @ $0.30/MB, and AiC500 for 500MB @ $49.95/mth and excess MB @ $0.30/MB. All excess MB are for download/upload whichever is higher. AiC Prepaid 100 hrs for $110 valid for 12 months. Account holders who elect to AiC Prepaid plan are responsible for checking their time usage weekly and purchasing additional hours as necessary. However, it must be noted that when a prepaid account has 5/10 hours remaining or when it has reached its 12 month expiry date, the account will automatically be issued with a new block of 100 hrs and account holder will be issued with an invoice and charged accordingly unless AiC is advised otherwise by Client. Cancellation of a prepaid account requires 30 days notice in writing prior to expiry date. Once an AiC Prepaid account is issued, no refund is applicable. Holders of E-mail only accounts agree to be charged at the rate of $3 per hour should they use their accounts for dial-in access.

6. Appropriate Use

The AiC or other relevant authorities may determine inappropriate usage of this account and the privilege may be revoked at the AiC's discretion. Should this occur, the Client will be informed in writing of this action or other manner deemed necessary.

7. Change of Terms and Conditions

The AiC reserves the right to change the terms and conditions notifying the Client by electronic mail at least ten (10) working days in advance of the effective date of change. Changes will also be posted on the AiC homepage (http://www.aic.net.au) Use by the Client after the effective date constitutes acceptance of the new terms and condition. If the Client does not agree to the new terms and conditions, the Client may terminate this agreement in accordance with the provisions of Section 1 above.

8. Records Management

The AiC may monitor or keep any records of the Client's use of the service that may be deemed necessary.

9. Notices

All notices given by any party or required under this agreement shall be in writing (unless otherwise specified by the AiC) and addressed to the relevant party(ies) at the AiC's business address as listed on this page or faxed to fax no: (02) 9544-6497.

10. The Client Services

All services to be provided by the Client either in part or in total through the AiC's network must be appropriate subject to relevant State and Federal regulations. The AiC accepts no responsibility for their authorisation. Reselling of the AiC's services is expressly prohibited.

11. Account Terms and Conditions

1. The Client in signing this agreement agrees not to attempt to gain access to private or restricted information. This information is defined as any information stored on the AiC's systems which is not contained within their own user account and includes access to the non-public areas of the AiC's network including but not limited to, routers and internal file servers.
2. The Client agrees not to use the facilities of the AiC to attempt to gain access to restricted information stored on remote computer systems elsewhere on the Internet. Intentional and unauthorised access to the AiC's computer system and the data residing on this computer system without lawful excuse is a criminal offence and punishable under the Commonwealth Crimes Act 1914 and the NSW Crimes Act 1900.
3. The Client also agrees not to store programs or information, which may lead to the accessing of programs, which are not licensed for his/her use. This includes those who participate in what is commonly called ' warez' or more specifically in the trade of illegal software. Creation of accounts to facilitate the trade of such software on a machine administered by the AiC will be viewed as a criminal offence and prosecuted to the fullest extent of the law.
4. The client agrees not to store pictures or other unrestricted materials such as child pornography (or as mentioned in Section 3 above) in a compressed or electronic form on any machine administered by the AiC, or to store any programs designed to monitor packets of information of any nature. If such software is deemed illegal, the Client will be prosecuted to the fullest extent of the law.
5. The Client also agrees not to store or use any specialised terminal programs including, but not limited to, specialised telnet clients, FTP clients and 'hacked' IRC clients or servers which do not use standard ports or protocols.
6. The clients are to ensure that data stored on their personal and/or business Home Pages are backed up regularly. Although AiC do back up user homepages regularly, it will not be held responsible for any data losses occurred.

12. Internet Relay Chat Services

The Client agrees that if using IRC services through the AiCs systems, they will not use any nature of pre-written script such as phoenix, Daveman's toolbox or alike for reasons of system security.

13. Privacy

The Internet servers maintained by the AiC log all activity (see Section 8 above) aiming to protect the Client's personal data to the best of our ability.

14. Electronic Mail

The Client agrees to remove their e-mail messages from the AiC's server machine after receiving them or within 30 days whichever comes first. Email will automatically be deleted from the server machine after 30 days. The maximum size of an E-mail message to be received is 2MB. Any additional e-mail services eg. AiC deleting your e-mail on request, etc will incur additional processing charges from a minimum fee of $27.50.

15. Assignment

The AiC may assign this agreement. The Client may not assign this agreement.

16. Web Hosting/Virtual E-mail

The client can make cancellation of these services on 30days prior written notice. If a site or Virtual E-mail is moved without notification to AiC, then AiC has the right to charge the client a penalty fee of $1000 for breach of contract.

17. Tech Support

Telephone technical support is available to the nominated account holder or his/her nominee only. Please note, for telephone support, the AiC will assess problems free of charge and if the fault is found to be at the AiC side, then AiC will proceed to support. But if the fault is found to be on Client's side then the client will be asked as to whether to proceed and if approved by the client AiC will then charge the Client for cost of support at the rate of $1.50/minutes (minimum $27.50/call).

18. AiC complies with the auDA (.au Domain Administration Limited) Code of Conduct

A copy of the Interim Code of Practice for Registrars & Resellers may be found at auDA's website http://www.auda.org.au.