Charges and Payment The Subscriber agrees to pay any amounts levied pursuant to this Agreement ("Charges"), including but not limited to, Connection Fees, Access Fees, Time Charges (if applicable) and Traffic (if applicable) as they fall due. Any Access Fees and Connection Fees levied by the Provider pursuant to this Agreement are payable in advance of the Service Period. Where the term is monthly the Subscriber must pay for the first two months Access in advance. If the Subscriber supplies credit card details, the Subscriber authorises the Provider to debit the credit card for all valid charges when they become due (including Excess Traffic or time). If the Subscriber fails to make payment to the Provider within the specified time period then the Provider may immediately and without notice withdraw Access to the Service. The Provider reserves the right to vary the Fee and conditions associated with the Access from time to time. The Provider shall give the Subscriber one month's notice of any such variation. The Subscriber may make payments of the Fee by use of cash, credit card, money order, postal order, or any other payment method deemed acceptable by the Provider. Should the Subscriber continue to make use of the Service beyond the expiration of the Service Period, the Provider shall be entitled to levy on a pro-rata basis any applicable Charges relating to the Subscriber's continued use of the Service. The Subscriber agrees to fully compensate the Provider for any Goods and Services Tax liability which may arise pursuant to this Agreement. Unused time or data is not cumulative from month to month and is not redeemable in any way. If Access is terminated under this Agreement for any reason whatsoever except for reason of breach by the Provider of any of the Provider's obligations herein, the remainder of the Fee in respect of the Term shall become due and payable by the Subscriber to the Provider within seven days of the date of termination. All expenses in relation to the recovery of monies outstanding by the Subscriber are to borne by the Subscriber. All charges for the Service are at the rates published on paper and electronically on-line (see clause 4.5 above). The Fee for establishing a Subscriber account is not refundable. The non-refundable fee for accessing the Service is applied to the Subscriber's account periodically in advance, until the account is terminated. The establishment fee must be paid if a terminated account is to be re-established.

Subscriber's Undertakings The Subscriber shall not use the Service in any manner involving illegal activity. This includes but is not limited to illegal transactions or illegal entry to unauthorised sites anywhere on the Intranet. The Subscriber shall not use the Service, specifically e-mail and other on-line communications, to harass, menace, upset, annoy or inconvenience any person. Furthermore, the Subscriber shall not transmit any message using the Service which is offensive, indecent or obscene. The Subscriber shall maintain the confidentiality of passwords and other access codes to the Service, and take reasonable precautions to avoid the disclosure of these and other confidential information relating to the Service. The Subscriber shall not transfer their right to use the Service to any other party. The Subscriber shall not in anyway resell or redistribute the Service to another party. The Subscriber shall not use the Service to transmit unsolicited mail commonly called Spam. As well, the Subscriber shall not forge email headers. The Subscriber is expected to exercise good net-etiquette and refrain from abusing the network. The Subscriber agrees to comply with the Provider's Acceptable Use Policy (as amended from time to time) and to comply with any reasonable requests made by the Provider in relation to the Subscriber's use of the Service. The Providers Acceptable Use Policy can be found on the Provider's website. The Subscriber certifies that they have attained the age of 18 years and agrees to provide proof of age should the Provider request such proof. The Subscriber is solely responsible for supervising and/or restricting the activities of any person under the age of 18 years whom the Subscriber allows, by any act or omission, whether negligent or otherwise, to access the Subscriber's account. The Subscriber shall be solely responsible for any use of their account whether this use is deliberate and/or negligent. The Subscriber agrees to indemnify the Provider against any actions brought against the Provider in respect of the Subscriber's actions brought against the Provider in respect of the Subscriber's acts and omissions, including, but not limited to, actions for defamation or breach of copyright arising from such acts or omissions. The Subscriber is solely responsible, at their own expense, to acquire and maintain the necessary equipment, software, telecommunications services and other such items and/or services as may be required to make use of the Service. The Subscriber is solely responsible for all costs associated with the use of any telecommunications services required to make use of the Service, including but not limited to, the cost of any telephone calls to the Provider's facilities. While the Provider may from time to time offer general guidance in good faith, it is the responsibility of the Subscriber to verify this information directly with the supplier of such services. The Subscriber hereby agrees that the Provider is not responsible for any faults or error in the Subscriber's equipment and system or telecommunication connection. No extensions of account Term, refunds or reimbursements shall be given to the Subscriber due to such faults and errors.

Provision of Service The Subscriber undertakes and agrees with the Provider that the Provider does not and cannot monitor or control the content and information accessed via the Internet and the Provider shall not be held responsible in any way for the loss for any content or information accessed via the Internet. The Provider disclaims any and all liability for the contents of material that the Subscriber may find inappropriate, offensive, inflammatory or adult in nature. The Provider shall not be responsible for any data which is stored on or transmitted through its network. The Provider reserves the right to deny Access to any potential Subscriber at its absolute discretion. The Service may be unavailable at times either due to scheduled maintenance upgrades, operational reliability or due to factors beyond the Provider's control. The Provider makes no guarantee as to the availability of the Service at any time and shall not be liable for any claims against it from the Subscriber due to the lack of availability of the Service. Nor shall the Provider be held responsible for any loss or inconvenience suffered by the Subscriber due to lack of availability of the Service. The Provider will use its best endeavours to provide at least twenty four (24) hours notice of any disruption to the Service. The Subscriber acknowledges that it may not be possible for the Provider to supply any notice at all under some circumstances. The Provider may, without notice, deny or restrict Access to the Service at any time should the Subscriber fail to make full payment of any outstanding monies by the date on which such payment falls due. The Provider may, without notice, deny or restrict Access to the Service at any time should it reasonably believe that the Subscriber has failed to comply with the terms of this Agreement or the Acceptable Use Policy. Any advice provided by an employee of the Provider is provided in good faith. Any Subscriber who acts on such advice does so at their own risk, and indemnifies the Provider against any problems which may arise from acting upon that advice. The Service cannot be used by any individual or group of persons for any activities of an illegal or fraudulent nature, including any activities prohibited under the Australian Commonwealth Government Telecommunications Act 1989. All software supplied by the Provider is used by the Subscriber at their own risk. The Provider will not be held liable for any damage to any software or hardware resulting from the use of the software provided.

General This Agreement constitutes the entire Agreement between the Subscriber and the Provider and supersedes any prior arrangements. All notices served pursuant to this Agreement or alterations to this Agreement shall be notified in writing. The Provider may vary this Agreement by providing the Subscriber with 30 days written notice of any such variations.

Limitation of Liability The Provider does not warrant that the Access will be uninterrupted or error free, not does the Provider make any warranty as to the results obtained from the Access. The Access is provided without warranties of any kind, either express or implied, other than those warranties implied into this Agreement by legislation and which cannot be excluded. To the extent permissible by law, the Provider excludes all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Access or inability to effect the Access and where such liability cannot be excluded the Provider limits its liability, at its option, to the resupply of cost of resupply of the Access.

Force Majeure The Provider shall not be liable for any breach of these Terms and Conditions caused by an Act of God, national or local emergency, acts of government, acts of war or civil disorder, military operations, industrial disputes, fire, flood, lightning strike, weather damage, subsidence or earthquake, or acts or omissions of persons or entities for whom the Provider is not responsible.

Interpretation Any reference to written notice or written authority within this Agreement shall be construed to include communication by email between the Parties. This Agreement shall be construed in accordance with the laws of South Australia and the parties shall submit to the jurisdiction of the Courts of South Australia. The headings contained within this Agreement are intended for ease of reference only and do not form part of the Agreement between the Parties.

Execution The Terms and Conditions of Service are deemed to have been executed and agreed upon the Subscriber's use of the Service. Fair Use Policy VISP INTERNET reserves the right to introduce a Fair Use Policy in respect of this Service. VISP INTERNET may only introduce a Fair Use Policy by giving 14 days written notice Service Suspension There may be ocassions when VISP INTERNET is required to suspend the provision to you of part or all of a service VISP INTERNET will be entitled to suspend a service to you ( a) immediately and because of the urgency of the need, without prior notice where (1) we are required to undertake the repair, maintenance or service of any part of the network (or an interconnected third party is required to undertake such work on its network) to attend to any emergency. (2) it is reasonably required to reduce or prevent fraud or interference within the network (3) we believe it is necessary to comply with any law or an order, instruction or request of government, the ACA, emergency services or other competent authority.. (4) a Force Majeure Event occurs which materially affect our ability to provide the service. (5) a breach of any of the above conditions

TERMS AND CONDITIONS OF INTERNET ACCESS

Access to VISP Internet Pty Ltd is provided under the following terms and conditions. Failure to comply with the following may result in the suspension or cancellation of your account.

Unauthorised access (for personal or monetary gain) to the information or services resident on the VISP Internet Pty Ltd WWW Server and/or any Computer System accessible via VISP Internet Pty Ltd shall be deemed a criminal act under the Computer Crimes Act of 1989. Breaches of the Privacy of Communications Act of 1989 shall result in legal action being taken under the Federal Telecommunications Act.

I agree that my access account is for my personal use or is for use by my company, business, corporation, institution or department. Being in authority, I accept full responsibility for any actions performed by those I extend the use of this account to whilst having access to VISP Internet Pty Ltd and the International Network (Internet).

I acknowledge and accept that my password(s) and/or my signature file(s) have the same legal implications as if my signature is being applied to a legal and binding document.

I agree to notify VISP Internet Pty Ltd immediately if I suspect or have knowledge that any unauthorised person or persons have gained access, are using, or have gained access to my Internet Account. Failure to notify VISP Internet Pty Ltd will result in the immediate removal of my account and related files from the VISP Internet Pty Ltd Server and possible legal action being taken.

I accept that I may be exposed to explicit language and offensive material while having access to the Internet.

I agree to be held completely responsible for the contents of the files and information owned by myself and stored on the VISP Internet Pty Ltd server and network.

I accept full responsibility for any and all information, files or data I transfer or cause to be transferred through the VISP Internet Pty Ltd server and across the Internet.

VISP Internet Pty Ltd shall not be responsible for any or all files I have stored in the VISP Internet Pty Ltd server. I absolve VISP Internet Pty Ltd without reservation any legal responsibility.

VISP Internet Pty Ltd shall not be liable for the loss of privacy, incorrect advise and/or information or any situation that shall arise in regard to myself or my property through my use of VISP Internet Pty Ltd and/or the services provided thereon, nor for any or all consequential losses or damages.

VISP Internet Pty Ltd reserves the right to act in an appropriate manner where there are grounds believing that malicious or unacceptable use of the VISP Internet Pty Ltd computer system or network is occurring.

VISP Internet Pty Ltd reserves the right to change these terms and conditions, vary subscription fees, access and/or the levels of service without prior notice.

I agree, if paying by credit card, the signature on the application form authorises VISP Internet Pty Ltd or it's agents to debit the nominated credit card account for the amount specified as the "Total Payable".

In the event that I no longer wish to use the service, I accept that any extra time or banked moneys remaining at the expiry of my account will not be redeemable.

If you are under 18 years of age you are required by law to obtain permission from your parent or guardian.

I have read and understood the above terms and conditions and hereby consent to my child or ward having access to VISP Internet and the Internet.

I understand that there are busy periods that may make the use of an automatic dialer program necessary in order to obtain Internet access.

Credit Card users are required to provide a minimum of 7 Days notice prior to cancellation of their account.

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