INTERNET ACCESS TERMS AND CONDITIONS
Agreement made between upLink Internet Services (for this document known as upLink) and the User listed below (the User) to provide the User with access to the Internet (the service). The basis for the provision of the service by upLink and the User's obligation in receiving the service are completely set out in the terms and conditions below (this agreement). The User understands that the service and the Internet may not be secure or confidential and that any information or electronic mail may be intercepted and read by an unauthorised person.

1. This agreement for the provision of the service is a continuing agreement on a monthly basis. upLink may vary the terms hereof at anytime by giving the User 30 day's notice of such change.

2. The User cannot impose on upLink any terms or conditions outside this agreement. Any attempt to do so will render this agreement void at the option of upLink.

3. Where this agreement refers to a party giving notice that means written notice hand delivered or delivered by mail or facsimile or electronic mail.

4. The laws applicable to this agreement will be the laws of New South Wales.

Termination of the Agreement
5. Either the User or upLink may terminate this agreement by giving 30 day's written notice to the other party.

6. upLink may also end this agreement and the provision of the service immediately if the User breaches this agreement or if it is reasonably considered that the User has misused or abused the service.

What upLink will provide
7. upLink will endeavour to provide access to the service 7 days a week 24 hours a day. However, factors including failure on upLink's hardware, software, power supply or telecommunications link may result in the service being unavailable from time to time.

8. The service may also be unavailable at times for emergency or scheduled maintenance by upLink. In the case of scheduled maintenance, upLink will notify the User of the time during which the service will be unavailable.

9. The User acknowledges that at times the number of users accessing the service may mean that the service is slower or temporarily unavailable. The User acknowledges that temporary unavailability of service due to these reasons is not a breach of the agreement by upLink.

Access to the service
10.upLink will provide the User with an account (the User's account) giving access to the service. The User will be provided with an individual identity code and password, which will allow access to the service. This password should be kept confidential. Anyone knowing the password may use the account to access the service.

11 The User is responsible for all charges to its account and any misuse of the system committed using its account to access the service. This liability applies whether it was the User, someone authorised by it or an unauthorised person using its account.

12 the user must not attempt to gain access to the service through someone else's account without their authority or attempt to guess another user's password.

13 upLink will only provide you with access to the service. In order to access this the User will need to provide a telephone line, modem, suitable computer and appropriate software.

14 The User is not permitted to transfer or resell its rights to use this service or any other rights conferred on by this agreement.

Information and content on the Internet
15 The User is solely responsible for the selection and use of information available through the service. The User acknowledges that some information available on the Internet may be offensive or accessing may be illegal or leave the User liable to claims by other parties.

16 The User accepts all responsibility for the selection of information through its access to the service by it or any person. The User is responsible for the selection and use of any features in relation to the Internet transmissions.

17 The User acknowledges that there is potential risk of damage to software, hardware or stored information through the computer malfunctions, viruses to which the User's computer may be exposed through the use of the service.

18 The User is responsible for the initiation and maintenance of any security features, software or procedures to minimise these types of risks.

The User's responsibilities to the Internet and other users
19 The User must not use the service in any way, which might interfere, disrupt or impair the Internet network, the service, the equipment or access to the service by other users.

20 The User must not transmit or propagate on the Internet any viruses, any harassing or threatening electronic mail, any forged messages or use net news postings.

21 The User must not attempt any unauthorised entry to other computers accessible by the service.

22 The User must not use the Internet for any illegal purpose, transmit information illegally or do any act which is illegal under the State or Federal law.

23 The User acknowledges that much of the information available on the Internet is subject to copyright or other intellectual property rights and must not do anything, which may constitute an infringement of these rights.

Information and content on the Internet
24 certain rules of acceptable behaviour are observed by Internet users and newsgroups. Actions contrary to these general rules are an unwelcome misuse of the Internet and will constitute a breach of this agreement. These rules include, but are not limited to a prohibition against mass postings of messages to inappropriate newsgroups or mass isolated e-mails.

25 The User must post advertisements only where it is appropriate and always respect the particular conventions and rules of news groups.

26 upLink may notify the User from time to time of operating rules relating to the use of the service. By acceptance of this agreement the User agrees it will observe these rules. Failure to do so will be a breach of the agreement and entitled upLink to immediately terminate the agreement and service.

The User's liability
27 The User will be liable for any damage caused by any breach of this agreement by The User or anyone else using it password.

28 The User indemnifies upLink against any claims by any other party arising out of The User's actions or of someone using its password. This indemnity includes without limitation, claims as a result of the transmission of any illegal, fraudulent or offensive material by the User or another person using its password. The indemnity also includes claims as a result of any service or action, which infringes the copyright or other intellectual property rights of any other party.

Pricing Plans
29 upLink has a range of different pricing plans. Which one is right for the User depends on how much and when the service is accessed. It is the User's responsibility to select the appropriate plan. All billing details regarding call duration are calculated for the end of the call on that date and calculated based on that billing cycle. Should a call commencing prior to midnight on the last day of the billing period end after midnight, the billing details will appear in the next month's statement.

30.upLink will issue a bill via e-mail. If not paid within 7 days, upLink will suspend the account and charge interest on the outstanding account at the rate of 10% per annum adjusted on a daily rate as liquidated damages for economic loss suffered.