1.Definitions

"The Australia On Line system" means the computer system maintained by Australia On Line to provide Internet access and/or other services to the customer.

(b) "The customer system" means the computer system used by the customer to access the AUSTRALIA ON LINE system.

(c) "The commencement date" means the date of first access to the AUSTRALIA ON LINE system by the customer.

(d) "The current period of access" means that period of time that the customer is entitled to access the AUSTRALIA ON LINE system under this agreement.

2.This agreement will come into force on the commencement date and continue until cancelled by notice in writing to AUSTRALIA ON LINE or by e-mail to accounts@ozonline.com.au. For a cancelation request to be valid it must contain the customers password details.

(b) The agreement will continue after the end of the first period for continuing agreed periods or if not agreement on a month to month basis until cancelled.

(c) Cancellation will operate from the end of the current month after appropriate notice is given regardless of whether access fees have been paid.

3. AUSTRALIA ON LINE will use its best endeavours to keep the Internet access continuously available.

4.Access fees:

In consideration of providing access to the AUSTRALIA ON LINE system the customer will pay access fees in accordance with the schedule of fees applicable to the program selected by the customer.

(b) The applicable access fees may be varied from time to time without notice to the customer but such rates will be made available to the customer upon demand to AUSTRALIA ON LINE.

(c) Access fees are due and payable on the commencement date and thereafter on the first date of each (monthly or other specified) period of access pursuant to this agreement and that non-payment of access fees within fourteen days of being due will result in interest being incurred at the rate of 10% per annum on any sum outstanding.

(d) The customer is responsible for all access fees regardless of whether the customer gains any benefit therefrom including unauthorised use.

(e) The customer acknowledges their are minimum monthly access fees regardless of use of the AUSTRALIA ON LINE system and that usage details may be viewed from the AUSTRALIA ON LINE home page.

5.The customer is responsible for:

Arranging and maintaining suitable equipment to be used to access the AUSTRALIA ON LINE system.

(b) Maintaining confidentiality of any passwords so as to prevent unauthorised use of the AUSTRALIA ON LINE system.

6.The customer must not:

Deliberately or carelessly cause damage to AUSTRALIA ON LINE equipment, software, set up or services.

(b) Improperly use the service including "spamming" which will incur a penalty of $100.00 on each occasion, or to use the service so as to harm or harass other Internet users or to use the service for any unlawful purpose.

(c) Transfer, sell or share its Internet access rights.

7.The customer acknowledges:

Use of the Internet access depends on a range of factors, many of which are beyond the control of AUSTRALIA ON LINE.

(b) AUSTRALIA ON LINE does not warrant the correctness or completeness of data on the Internet nor is AUSTRALIA ON LINE responsible for software available on the Internet.

(c) Internet access may be interrupted by equipment failure, system maintenance, peak demand or the like from time to time.

8.The customer indemnifies AUSTRALIA ON LINE in respect to any loss, damage, action, cost or expense caused to AUSTRALIA ON LINE or any other person arising out of or in any way associated with this agreement or the use of the Internet or use of the AUSTRALIA ON LINE system.

9.AUSTRALIA ON LINE may:

At its election terminate the agreement and/or the customer Internet access and/or any other service in the event of breach of this agreement including non-payment of fees.

(b) At its election delete without notice any customer material on its storage disks.

(c) Monitor the use of customer systems and maintain such records as AUSTRALIA ON LINE deems appropriate.

(d) Make rules for Internet access and/or use of other services which will operate as if they were set out as terms of this agreement and such rules may be inspected by the customer upon demand to AUSTRALIA ON LINE.

10. In the event the AUSTRALIA ON LINE system is not operational for any reason, AUSTRALIA ON LINE is not liable for any loss to the customer or other person including direct, indirect or consequential loss as a result of this event AUSTRALIA ON LINE may at its discretion provide a "time credit" to the customer.

11.The parties will submit to the laws of the State of Victoria in relation to the interpretation of this agreement and/or as to any dispute arising out of it.