Access Only Pty Ltd Dial Up Services

Terms and Conditions of Supply as at 17th July 2003

Any changes or modifications to these Terms can be made by post, email or Access Only website. It is the Customers responsibility to check for changes to the Terms from time to time on the Access Only web site.

1. Applying for the Service

1.1 Access Only ("ACCESS ONLY") is a Trading Name of Access Only Pty Ltd (ABN 100 747 117) ("ACCESS ONLY"). This is an invitation by ACCESS ONLY for you to apply for interactive dial-up access, via the ACCESS ONLY Network, to the Internet and related services, such as email and web site hosting services ("Service") on these terms and conditions ("Terms").

1.2 You may apply for the Service by any of the following:

(a) Over the Access Only online signup system at www.AccessOnly.com; or

(b) Completing an Access Only application form.

1.3 If you are a ACCESS ONLY PrePaid Dial-up customer, the following clauses of these Terms do not apply: 2.4, 2.5, 2.6, 6.4 and 6.6.

1.4 If ACCESS ONLY accepts your application, ACCESS ONLY will provide you with the Service (your "Account"), although ACCESS ONLY does not promise that your access to the Internet or use of the Service will be uninterrupted or error free.

1.5 You warrant that you are over 18 years of age, or if you are not over 18 years of age, that you have obtained the consent of a parent, teacher or other responsible adult prior to applying for or accessing the Service.

2. Price and Payment

2.1 You have selected a Service that is only payable via credit card, your credit card will be debited when ACCESS ONLY accepts your application, and you will be advised that further charges for access will need to be paid monthly in advance thereafter. You must pay:

(a) All charges for the Service as notified to you by ACCESS ONLY; and

(b) Any applicable taxes on the charges (for example, a goods and services tax),

even if another person incurs the charges using your Account.

2.3 The charges must be paid even if:

(a) Your computer is not working;

(b) The Service is unavailable or the ACCESS ONLY network is temporarily down; or

(c) You are unable to use the Service for any other reason.

2.4 You must pay all charges by credit card or by other method as directed by ACCESS ONLY from time to time. If your financial institution fails to honour your payment to ACCESS ONLY, you must pay the amount owing directly to ACCESS ONLY.

2.5 ACCESS ONLY will notify you of charges you have incurred by e-mail, or by such other means as ACCESS ONLY elects. You agree that ACCESS ONLY's records are conclusive evidence of the charges for your Account.

2.6 ACCESS ONLY may vary its fees and charges at any time by giving you reasonable notice of the change.

2.7 From time to time ACCESS ONLY may undertake promotions and make special offers in relation to the Service ('Promotions'). All Promotions are offered subject to their terms and may be withdrawn or altered at ACCESS ONLY's discretion. The terms of a Promotion will override these Terms to the extent of any inconsistency.

2.8 If you have paid for the Service in advance and then cease using the Service for any reason, you will not be entitled to any refund except to the extent that ACCESS ONLY Dial Up is required by law to give you such a refund.

2.9 Prices quoted are GST inclusive. On your ACCESS ONLY bill (now called Tax Invoice), charges will be calculated including GST. GST will be calculated on the total amount of taxable supplies during the billing period and shown as a separate entry.

3. Use of the Service

3.1 When using the Service you must comply with the Terms, the ACCESS ONLY Acceptable Use Policy and any other instructions ACCESS ONLY gives you, whether via its website or otherwise. ACCESS ONLY will co-operate with other Internet service providers to control unacceptable user behaviour and may implement technical mechanisms to prevent behaviour that is or would be in breach. You are also responsible for the use of your Account by any other person (whether you have given them permission to use it or not) and you must ensure that they also comply.

3.2 When using the Service, you must comply with ACCESS ONLY's Acceptable Use Policy - you must not break any laws, infringe the legal rights of any person or cause harm to the Service or its users. For example, you must not:

(a) Defame, harass or abuse anyone or violate their privacy;

(b) Distribute or make available obscene, pornographic, illegal or confidential material (for the avoidance of doubt and without limitation, you must not place on the Internet any content in contravention of applicable laws of the States, Territories or the Commonwealth);

(c) Infringe intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner);

(d) Interfere with or disrupt the Service, any other computer system or anyone else's use of them (or attempt to do any of these things), including by distributing viruses or overloading a system;

(e) Access, monitor or use any data, systems or networks without authority (for example, by hacking) or attempt to probe, scan or test the vulnerability of any data, system or network;

(f) Send unsolicited bulk emails;

(g) Forge header information, email source addresses or user information;

(h) Disobey the rules of any newsgroup, forum or email mailing list; or

(i) Engage in any activities that expose ACCESS ONLY to liability.

3.3 You must comply with any rules imposed by any third party whose content or service you access using the Service.

3.4 Commonwealth legislation allows the Australian Broadcasting Authority ('ABA') to direct ACCESS ONLY to remove certain prohibited Internet content from its servers or prevent users from accessing certain Internet content. ACCESS ONLY may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing or suspending your Account, filtering the Internet content made available to you or restricting access to a particular website. ACCESS ONLY may take these steps at any time and without notice to you.

3.5 You must not re-sell or attempt to re-sell the Service, or transfer your Account to another person without ACCESS ONLY's written consent.

3.6 ACCESS ONLY may monitor your Account to ensure that you are complying with these Terms. ACCESS ONLY will investigate any misuse of the Service and may involve police or other law enforcement agencies in doing so. ACCESS ONLY may recover from you any costs of investigating your misuse of the Service. If your use of the Service causes loss to other users, ACCESS ONLY may require you to pay compensation.

3.7 In order to provide the best possible service for all ACCESS ONLY customers, ACCESS ONLY may make changes to the Service if it is necessary to do so for the efficient operation of the ACCESS ONLY Network. For example, ACCESS ONLY may:

(a) Restrict or disconnect your service if your activities represent an unusually large burden on the ACCESS ONLY network ;

(b) Delete incoming and outgoing email messages which exceed 2 megabytes in size;

(c) Disconnect your dial-up session if you reach any session limit that applies to your dial-up plan or service;

(d) Log off a duplicate dial-up session if the same username is being used by two separate users at the same time; and

(e) Deliver access and content via proxy servers.

3.8 ACCESS ONLY does not plan to limit users average total time of connection, however the Service is not intended for users who connect continuously or repetitively to the Internet every day, of every month. Users who continually reconnect, for example without an idle time of greater than 4 hours for more than 168 hours in any 30 day period, will have their access terminated.  Access Only aims to provide fair and equitable access to all users. Access Only will maintain the right to manage the network to ensure this fair and equitable use of the Service for all its customers.  Access Only reserves the right to suspend, disconnect or separate into a separate pool the customers that fall into the top 5% of users for either port connection (cumulative hours), or bandwidth (uploads/downloads).  Customers who are placed into a separate pool may experience a slower service.

Customers who do not use their full time allowance will accrue time for use in a future month - this amount accrues with each month of membership.

4. Disclaimers and Liability

4.1 You acknowledge that:

(a) ACCESS ONLY does not exercise any control over content accessible through use of the Service;

(b) ACCESS ONLY is not responsible for any damage you or any person using your Account may suffer arising from using:

(i) the Service (including loss of data, delays, non-deliveries, mis-deliveries or service interruptions, whether or not caused by ACCESS ONLY's negligent acts or omissions); or

(ii) any content accessed through the Service (including inaccurate, incomplete or out of date information).

(c) ACCESS ONLY is not liable for any charges levied on you by your chosen telecommunications carrier or by any content provider (it is your responsibility to check whether your call to connect to the ACCESS ONLY Point of Presence is a local call by contacting your telecommunications provider);

(d) ACCESS ONLY does not make any warranty or representation regarding the performance of or right to use any software provided to you on the CD ROM or otherwise in connection with the Service. You agree that you will make no claim against ACCESS ONLY in respect of the software, its performance or your right to use it; and

(e) ACCESS ONLY is not able to provide support for software not supplied by ACCESS ONLY, including software downloaded from the Internet.

4.2 Except for any conditions or warranties on the Service that ACCESS ONLY is required to give by law, ACCESS ONLY makes no statement, warranty or promise about the quality or suitability of the Service.

4.3 ACCESS ONLY acknowledges that the Trade Practices Act 1974 (Cth) and other legislation may imply into these Terms certain conditions and warranties which may not be excluded, restricted or modified by agreements ("Non-Excludable Condition"). ACCESS ONLY's liability under those Non-Excludable Conditions is, where permitted, limited (at ACCESS ONLY's option) to:

(a) For goods (such as the CD ROM), replacing or repairing those goods or paying the cost of repair or replacement; or

(b) For the Service, supplying the Service again or paying the costs of having the Service supplied again.

4.4 Except to the extent that clause 5.3 applies, ACCESS ONLY excludes all liability to you or any other person (whether using your Account or otherwise) for any costs, loss, liability or damage (whether direct or consequential) arising out of this contract or the supply of the Service by ACCESS ONLY including any inaccuracy or omission in the Service or as a result of any act, omission or negligence by ACCESS ONLY or its representatives.

4.5 You indemnify ACCESS ONLY against any costs, expenses, loss or liability directly or indirectly suffered or incurred by ACCESS ONLY (including as a result of a claim by a third party) resulting from:

(a) Any breach of these Terms by you; and

(b) The use or misuse of the Service by you or any person using your Account (including but not limited to use of the Service contrary to clause 4).

5. Suspension and Termination

5.1 ACCESS ONLY may suspend the Service immediately at any time without liability to you if you breach these Terms (or ACCESS ONLY reasonably suspects you have breached these Terms) or if suspension is required for technical reasons. ACCESS ONLY will endeavour to give you notice of such suspension.

5.2 ACCESS ONLY may terminate the Service if:

(a) You breach these terms;

(b) You or any person using your Account misuses the Service; or

(c) There are reasonable grounds to suspect that any information provided by you to ACCESS ONLY in your application was incomplete or incorrect.

5.3 ACCESS ONLY may close your Account for any reason on 24 hours notice to you.

5.4 You may close your Account on 30 days' written notice to ACCESS ONLY.

5.5 If your Account is closed or the Service is terminated, you must pay all outstanding charges immediately.

6. Privacy Consent

6.1 ACCESS ONLY collects and uses Personal Information about you primarily to supply you with the products and services you order from it and its related companies. ACCESS ONLY also collects and uses Personal Information for related (or secondary) purposes including:

(a) Billing and account management;

(b) Business planning and product development; and

(c) To provide you with information about promotions, as well as the products and services of ACCESS ONLY companies and other organisations.

6.2 If you do not provide all the Personal Information ACCESS ONLY requests from you, ACCESS ONLY may be unable to supply the products or services you have requested, or ACCESS ONLY may be restricted in the way it supplies these products or services to you.

6.3 ACCESS ONLY may disclose Personal Information about you (for the purposes set out in clause 6.1) to:

(a) Any of the ACCESS ONLY Group companies, or any other corporation related to ACCESS ONLY;

(b) ACCESS ONLY's agents, dealers, distributors, contractors and franchisees;

(c) ACCESS ONLY's suppliers who need access to the Personal Information to provide ACCESS ONLY with services, enabling ACCESS ONLY companies to supply you with the products and services you have ordered; and

(d) Joint venture partners of the ACCESS ONLY Group

6.4 If you wish only to receive communications that are account-related or legally required, you may request not to receive other communications (i.e. you may "opt out"). If you wish to make a request to opt out, you can do so at any time by letting ACCESS ONLY know of your request by contacting ACCESS ONLY customer service line by email at: optout@AccessOnly.com.

6.5 You may request access to Personal Information ACCESS ONLY holds about you, and ACCESS ONLY will grant you access unless it is required or permitted to refuse such a request. You may also request that information about you be corrected if you think that it is not accurate. You should contact The Privacy Officer, Access Only Pty Ltd,PO Box 672, Woollahra, NSW 2025, email: privacy@AccessOnly.com if you require more information.

6.6 For the purpose of processing your application and ongoing credit management of your account, ACCESS ONLY may need to disclose to a credit reporting agency:

(a) Personal identifying details, including your name, current and previous addresses, driver's license number, date of birth and employer;

(b) The fact you have applied for an ACCESS ONLY service, and any credit limit on your account;

(c) The amount of payments which are overdue for at least sixty (60) days, when steps have been taken by ACCESS ONLY to recover those overdue payments;

(d) Where an overdue payment has been previously reported, advice that the payment is no longer overdue;

(e) Cheques or credit card payments that have been dishonoured;

(f) Court judgements or bankruptcy orders made against you;

(g) That, in the opinion of ACCESS ONLY, you have committed a serious credit infringement; and

(h) When ACCESS ONLY ceases to provide products or services to you.

6.7 You authorise ACCESS ONLY to disclose the information described in clause 6.6 to a credit reporting agency. You also authorise ACCESS ONLY to seek from or give to any credit providers authorised by you or named in a credit report or to other telecommunications providers (carriers or carriage service providers), and ACCESS ONLY's agents, dealers, distributors, contractors and franchisees, the same information and any other information collected for Service activation and any other information on your credit worthiness, credit history or credit capacity that credit providers are allowed to give under the Privacy Act.

6.8 You authorise ACCESS ONLY to obtain and use personal credit information (e.g. your existing household loans and personal credit card history) for the purpose of considering an application by you for commercial credit;

6.9 You authorise ACCESS ONLY to obtain and use commercial information about your commercial credit worthiness or commercial history (your existing credit record as a sole trader) when considering an application for consumer credit, for example where the Service will be used for domestic purposes.

6.10 ACCESS ONLY may refuse or cancel the supply of products or services on the basis of its credit assessment of you. You are entitled to see, and to correct, any credit information which ACCESS ONLY holds about you.

7. CD-ROM

7.1 You acknowledge that ACCESS ONLY and other third parties may have intellectual property rights (including copyright) in the CD ROM provided to you by ACCESS ONLY (if applicable).

7.2 You agree not to do anything, including copying the CD ROM, that would infringe the intellectual property rights of ACCESS ONLY or those third parties.

8. General

8.1 In these Terms "ACCESS ONLY Network" means the telecommunications network operated by ACCESS ONLY and other subsidiaries of Access Only Pty Ltd, "person" includes individuals, corporations and any other entities, and "related body corporate" has the meaning given to that expression in the Corporations Act.

8.2 ACCESS ONLY may amend these Terms by giving you reasonable notice by mail, email or by notice on the ACCESS ONLY web site. If you object to the amended Terms, you may close your Account in accordance with clause 5.4. If you do not close your Account, you will be deemed to have agreed to the amended Terms, which will apply to you from the end of the reasonable notice period.

8.3 If ACCESS ONLY is going to communicate with you by email, any email communications will be sent to your Primary Email Account . You agree to monitor this email account regularly to retrieve and review these communications.

8.4 You may not assign this Agreement or your rights and obligations under it to any other person. However, ACCESS ONLY may assign its rights and obligations under this Agreement to any other person without notice to you.

8.5 A party does not waive its rights under these Terms unless the waiver is in writing and signed by the party against whom the waiver is claimed.

8.6 Any provision of these Terms that is void, voidable or unenforceable may be severed from the Terms and the remainder of the Terms will continue unaffected.

8.7 ACCESS ONLY may pay a commission to a person who introduced you to the Service.

8.8 These Terms are governed by the laws of the State of New South Wales and each party submits to the non-exclusive jurisdiction of the Courts of that State.

9. Domain Names (including Sub-Domains)

9.1 ACCESS ONLY will register a domain name on a first come, first served basis in accordance with the rules and policies of ACCESS ONLY's chosen naming authority, and there is no guarantee that your preferred domain name will be registered.

9.2 Your requested domain name and application details must comply with the requirements of ACCESS ONLY's chosen naming authority as advised by ACCESS ONLY from time to time.

9.3 ACCESS ONLY reserves the right to refuse registration, re-delegation and/or hosting of any domain name or sub-domain which it considers to be offensive, defamatory, illegal or otherwise inappropriate. This right may be exercised by ACCESS ONLY at any time.

9.4 When requesting domain name redelegation, you warrant that you are the legal owner of the domain name and ACCESS ONLY reserves the right to require proof of ownership. You agree that your personal data relating to the domain name is to be listed in the public registry for your domain name.

9.5 While all possible efforts are made to ensure there will be no disruption to mail and/or hosting services during delegation, ACCESS ONLY takes no responsibility if disruption occurs.

9.6 If ACCESS ONLY has not received the payment of any amount due within 30 days of a request for payment including a domain name registration, redelegation or renewal, ACCESS ONLY reserves the right to cancel the domain name and all services associated with it.

9.7 Sub-domain names provided for customer use remain property of ACCESS ONLY at all times and may not be re-delegated or re-pointed to any other provider or non-ACCESS ONLY server.

9.8 ACCESS ONLY reserves the right to withdraw use of a sub-domain name at any time on reasonable notice.

10. Email Services

10.1 Usernames must meet ACCESS ONLY specifications as shown during signup. ACCESS ONLY reserves the right to delete usernames that it considers to be offensive, defamatory, illegal or otherwise inappropriate without notice.

11. Webhosting Services

11.1 Extra charges apply if the files stored in your website and/or data served from your website exceed the levels included in your chosen service. It is your responsibility to upload your web site to our servers. ACCESS ONLY will provide you with uploading instructions on the ACCESS ONLY homepage.

12. Permanent Connections

12.1 A permanent connection cannot be guaranteed. Planned outages (e.g for network and service maintenance), unplanned outages and disconnections for reasons outside ACCESS ONLY's control may occur.

12.2 The Service provided by ACCESS ONLY is for Internet Access only. ACCESS ONLY does not provide any hardware, ISDN lines, or any support for these items. You agree to pay any set up fee, the monthly Service charge and any additional charges as set out in ACCESS ONLY's published rate cards.

12.3 ACCESS ONLY clearly advises all customers, that there is no telephone based customer service and support for ACCESS ONLY Internet access. By accepting these Terms, you clearly and categorically state your acceptance and understanding of the ACCESS ONLY offer.

13. Additional IP Address Allocation

13.1 IP addresses are subject to availability, engineering approval and network constraints. ACCESS ONLY maintains ownership of all IP addresses that may be issued for your use and reserves the right to change or withdraw any IP addresses on reasonable notice.

14. Complaints Management

14.1 The Customer may complain about the Service in writing or by calling one of Access Only customer service representatives. If the customer wishes to forward their complaint in writing to Access Only, Access Only will endeavour to respond, reply, action and or at least acknowledge their query and or complaint with in five (5) working days of receipt. To contact Access Only please go to the Access Only website under Contact Us. (http://www.AccessOnly.com). Access Only will comply with its consumer complaints procedures defined below in endeavouring to resolve the Customer's complaint. If Access Only is not able to resolve the Customer's complaint to the Customer's satisfaction, the Customer may refer his/her/its complaint to the independent Telecommunications Industry Ombudsman (TIO) The Customer and Access Only agree to act in good faith to resolve any dispute.

14.2. The Customer agrees to follow the Complaints Management Process before referring any complaints to the Telecommunications Industry Ombudsman (TIO). (a) If the Services have not met the Customer's expectations or if the Customer has a concern with Access Only, the Customer is invited to inform Access Only of the same. (b) If the Customer has a complaint, it must contact the relevant Access Only department and advise a representative. (c) If the complaint is not resolved, the Customer must then advise the Team Leader of the relevant Access Only department whom will look into the matter further and use its best endeavours to resolve the complaint to the mutual satisfaction of both parties.

14.3.We consider that an individual should be reasonably robust in dealing with unexpected problems and complaints, we expect that individuals will actively participate in the resolution of their own complaints, and generally, meet any administrative costs to themselves that may arise in this process (e.g telephone calls, postage, paper etc).