1. AUSTARnet Service 1.1. (AUSTARnet Service) We will provide to you the AUSTARnet Service that you select to receive from time to time, subject to and in accordance with the terms of this Agreement. 1.2. (This agreement) This Agreement includes the following (where applicable) as amended from time to time: (a) these terms; (b) our pricing and packaging information and/or guides published from time to time; (c) our policies which apply to your use of the AUSTARnet Service, including but not limited to the AUSTARnet Fair Use Policy; and (d) (d) any other published information about the AUSTARnet Service (except to the extent that it conflicts with the above documents). 1.3. (Variation) This Agreement and any other agreements applicable to the AUSTARnet Service may be amended by us at any time. If we vary the terms and conditions in a manner which we reasonably consider would cause detriment to you we may do so by providing 14 days notice to you. We will notify you of any variation by way of our website, mail or electronic mail. If you object to the amended terms and conditions you may terminate your AUSTARnet Service in accordance with clause 7. If you continue to subscribe to the AUSTARnet Service you will be taken to have accepted these changes. 1.4. (Bundling) If you subscribe to multiple services from us in addition to the AUSTARnet Service, which may include a Mobile Telephony Service or AUSTAR TV Service, we may bundle your services into a single account. If you default on any one service, we may exercise our right to terminate this Agreement pursuant to clause 7 and all of your services may be discontinued. 2. Provision of the AUSTARnet Service 2.1. (Service Continuity) We aim to provide, but do not guarantee, continuous or fault free services. We do not guarantee the availability or continuity of the AUSTARnet Service at all times or in all areas. Whilst we will endeavour to give you notice of any changes, we may alter, terminate or suspend the AUSTARnet Service for technical reasons at any time. 2.2. (Suspension): We may suspend the AUSTARnet Service immediately at any time without liability to you if you breach this Agreement (or Austar has reasonable grounds to believe you are breaching this Agreement) or for technical reasons. 2.3. (Telephone Charges) The AUSTARnet Service requires a telephone connection. Every time you use the AUSTARnet Service, your computer dials a telephone access point. Telephone access charges are your responsibility. We may vary the telephone access point numbers from time to time. Long distance call charges may apply to calls to telephone access points that are made from outside a local call service area. If you are not sure whether you can dial into a telephone access point location for a local call cost, please contact your telephone service provider. 2.4. (Connection) We may: (a) hang-up or time-out a connection after 20 minutes of keyboard inactivity, to ensure the connection is in use and not just occupied. File downloading constitutes use, and hence will not be affected by inactivity time outs; (b) hang-up or time-out a connection after 6 hours in any event; (c) suspend your connection to a telephone access point without giving you notice if at any time the network breaks down or requires maintenance, to investigate any complaint of illegal behaviour or abuse, or if required by a law enforcement agency; and (d) change the AUSTARnet Service, telephone access point numbers or any other features at any time without notice. 2.5. (Removal of Content) We may remove Internet content from our servers, terminate or suspend your Agreement, filter the Internet content available to you or restrict access to particular websites if directed by the Australian Broadcasting Authority or as otherwise required to ensure compliance with any relevant law or code of practice. 2.6. (Support) As part of the AUSTARnet Service, we will provide a helpdesk service accessible via telephone, web interface or electronic mail. Support will only be provided for use of the AUSTARnet Service in combination with Software supplied by us and not for use with other software and/or equipment. 2.7. (Excessive Usage) We may but do not promise to monitor for excessive or unusual usage. We may provide a monitoring facility in connection with your use of the AUSTARnet Service. It is your responsibility to set up and use the monitoring functionality. 2.8. (Unused Monthly Usage and Time Allowance) Unused monthly usage allowances for the AUSTARnet Service are non-cumulative. Time allowance in a prepaid block plan cannot be used after the specified validity period and there is no credit for unused hours. 2.9. (IP Address) We will provide you with a fixed, or changing, IP address each time you use the Service. The IP address always remains our property. We will take back the IP address connection upon disconnection, discontinuance or termination of the AUSTARnet Service. You will receive authentication and identification information as well as the necessary Software to access the AUSTARnet Service. 2.10. (Software) We may provide you with Software in connection with the installation and provision of the AUSTARnet Service. We permit you to use the Software in accordance with the terms of this Agreement and for the purpose of provisioning access to the AUSTARnet Service and for no other purpose. Any Software provided by us must be used in accordance with the license terms and conditions attached to the Software. You acknowledge and agree that the intellectual property rights in the Software and media on which it is provided to you are owned by us or our licensors. You agree not to do anything, including copying, to infringe these rights. 3. Payment 3.1. (Billing) You agree to provide us with accurate and complete billing information including your legal name, address and telephone number. 3.2. (Fees and charges) You must pay us all fees, charges and taxes that apply to the AUSTARnet Service which you subscribe to or purchase from time to time. You are responsible for and have to pay for any use of your AUSTARnet Service whether you authorise it or not. Fees and charges may be varied at any time, by providing 14 days notice to you. Statement fees may apply. 3.3. (Payment) You must pay all fees, charges and taxes (including any goods and services tax) by the due date. Our records are conclusive evidence that a charge is payable unless shown to be incorrect. We may in our discretion charge you a late fee, vary your AUSTARnet Service or terminate this Agreement for failure to pay by the due date. Debt collection costs associated with any subsequent collection of moneys due to us will be passed on to you. 3.4. (Refunds): You are not entitled to a refund on subscription fees or prepaid block plan fees except as is required by law. 3.5. (GST) Any fees or charges specified in this Agreement include goods and services tax at the rate of 10%. If the rate of GST is varied at any time, any fees or charges specified will be adjusted without notice to take account of this variation. We will provide a tax invoice to you within 28 days of your request to us. 4. Your Obligations 4.1. (Intellectual Property) You must not publish or use, without our prior written consent, any trademark, tradename, logo or service mark of ours. Use of intellectual property rights related to the AUSTARnet Service or the Software does not include or cause the transfer of ownership of those rights or give you any property rights in any of them. You indemnify us against any claim, loss or damages by any third party arising out of your unauthorised use of the intellectual property rights. 4.2. (Content): By using the AUSTARnet Service, you warrant that you will comply with this Agreement and you authorise us to reproduce and transmit such content as necessary for us to perform the Services. By using AUSTARnet to publish content on your personal web space, you must: (a) use appropriate warnings and/or labelling systems in respect of Content which is likely to be considered unsuitable for children according to the Classification (Publications, Film and Computer Games) Act 1995 and relevant Classification Guidelines; and (b) not place on the service Content that is in contravention of any Australian State, Territory or Commonwealth law, including the Broadcasting Services Act 1992. 4.3. (Inappropriate Use): You must not use the AUSTARnet Service in such a manner so as to infringe the legal rights of, or cause harm to, any person or breach any law including without limitation: (a) to defame, harass or cause needless anxiety to any person; (b) to make available obscene or pornographic materials; (c) to violate the privacy of any person; (d) to knowingly transmit a computer virus to another user or the Internet generally; or (e) to send any unsolicited bulk messages or breach any regulation relating to the sending of unsolicited messages. These restrictions on use do not limit the additional restrictions and limitations on use of the AUSTARnet Service set out in the Fair Use Policy that is part of this Agreement. 4.4. (Access) You are responsible for the use of the AUSTARnet Service by any person who accesses the Service through your computer, under your screen name or password and for ensuring that any such person is aware of, and complies with, the terms of this Agreement as amended from time to time. 4.5. (Online services) Use of the AUSTARnet Service may allow you to access certain information, products and services from persons other than us for which there is a charge, including certain online services. You are solely responsible for the payment of all such fees or charges for online services, products or information. You indemnify us against any claim with respect to the use of any such services, products or information. 4.6. (Capacity) You promise us that you are over the age of 18. 4.7. (Unauthorised use). You must not disclose any usernames, passwords, passcodes or account information to unauthorised third parties. You must immediately notify us in the event of any unauthorised use of any username, password, passcode or account information. Until you notify us, you will be responsible for the unauthorised use of the AUSTAnet Service. Multiple concurrent logons are not permitted. You must not use the AUSTARnet Service to create, use or distribute tools designed for compromising the security of our network or any communications over that network. 4.8. (Transactions) You will be liable for any transaction that is initiated from the AUSTARnet Service. 5. Liability 5.1. (No Liability for Content): We do not monitor and are not responsible or liable for any content or messages delivered by the Services, to the maximum extent permitted by law. By using the AUSTARnet Service you acknowledge and agree that any material downloaded or otherwise obtained through the AUSTARnet Service is at your own risk. We give no warranty, guarantee or representation about the accuracy of the information or images available through the AUSTARnet Service, whether supplied by us or by third parties. We are not responsible for inappropriate material viewed by minors. 5.2. (No Warranties on Service): We make no warranty in relation to the AUSTARnet Service, including, without limitation, any warranty that the AUSTARnet Service will be timely, continuous, defect or error free. We do not warrant that the use and installation of any Software on your own equipment will not disrupt the normal operations of, or damage, your own equipment. 5.3. (No Warranties in relation to security): We make no warranty in relation to the security of the Service, including, without limitation, any warranty that messages sent or received by you will not be subject to unauthorised access by others. 5.4. (Exclusion of Warranties): As far as the law permits, we exclude all warranties, rights and remedies (including warranties implied by statute or otherwise) that relate to the provision of the services under this Agreement. 5.5. (Limitation of Liability): We exclude all terms, conditions and warranties, other than those implied by law (including those implied under the Trade Practices Act 1974 (Cth) and other legislation) which it would be illegal to exclude or whose exclusion would render this clause void. Our liability for any breach of such an implied term, condition or warranty shall be limited, where permitted by law: (a) if the breach relates to goods, the replacement or repair of the goods, or payment of a refund for the goods; and (b) if the breach relates to the Service, the supply of the Service again, or a refund of the price of the Service. 5.6. (Exclusion of Liability): Except as specifically provided under this clause 5, we are not liable to you for any costs, loss, liability or damage (whether direct, indirect or consequential) arising out of this Agreement or the supply of the AUSTARnet Service, including without limitation, damage to your own equipment, loss of revenue, profits or data, arising in any way, including in equity, tort, negligence, breach of statutory duty or obligation or breach of contract, in connection with this Agreement or the AUSTARnet Service. 5.7. (Indemnity): You indemnify us for any costs, losses, expenses, damage or liability directly or indirectly incurred by us from any breach by you of this Agreement, the use or misuse of the AUSTARnet Service by you or anyone using your account, or any other acts or omissions by you in connection with this Agreement. 6. Security and Customer Information 6.1. (Information Held): We may hold information about you such as your name, contact details, information for identification purposes, information about your credit card or bank account details and information to help us to assess your credit application where relevant. We will also hold information relating to the provision of the service and information provided by you in connection with the Agreement or the service. 6.2. (Notification of Changes): You must notify us of any change in this information within 30 days of the change. 6.3. (Use and Disclosure): All personal information held by us may be used or disclosed by us as set out below and as permitted by the Privacy Act 1988 (Cth). The information may be used or disclosed: (a) to enable us to perform its obligations to you under the Agreement; (b) to enable us to ensure that you perform your obligations under the Agreement; (c) to a credit reporting agency; (d) to maintain a credit information file about you; (e) to carry out our own on credit assessment on you; (f) for planning, research, promotion and marketing of our products and services; (g) to organisations associated with the provision of our services, such as TV channel providers, for marketing and analysis purposes; (h) to a potential purchaser of, or investor or in, any business conducted by us; (i) to law enforcement agencies to assist in the prevention of criminal activities. You consent to this use and disclosure of your information. You may request that your personal information is not used or disclosed for marketing or promotion purposes by writing to us at AUSTAR Communications, 'Privacy', Locked Bag 2000, Gold Coast Mail Centre, QLD 9726, or by email at privacy@austar.com.au. Further information on how we will handle your personal information can be found in Austar's Privacy Statement which is available on our website at www.austar.com.au. 6.4. (Monitoring): While we do not routinely access, use or disclose the contents of private communications (except where required by a government authority, law or judicial order), we may monitor your use of the AUSTARnet Service to ensure that you are complying with this Agreement. 6.5. (CLI information) When you dial in to the AUSTARnet Service, we collect the Calling Line Identity of your phone line which includes your telephone number and the time and duration of your call. This occurs even if you have blocked the sending of your Calling Number Display Information. This information is used for account management, call management, credit control, billing and fraud prevention purposes. 7. Termination (a) (Monthly Subscription Agreement) You may terminate your monthly subscription to the AUSTARnet Service at any time by providing notice to us but you will not be entitled to a refund of the subscription fees for the month in which you terminate. There is no termination or disconnection fee. (b) (Prepaid Block Plans) You may terminate your AUSTARnet prepaid block plan at any time by providing notice to us but you will not be entitled to a refund of the cost of the plan. There is no termination or disconnection fee. 7.1. All Services: (a) (Unused fees) If you or we terminate this Agreement pursuant to this Agreement, unused fees will not be refunded. (b) (By AUSTAR for your breach) If, in our opinion, you breach a term of this Agreement or a term of a bundled service agreement, we may terminate this agreement immediately. We may also terminate this agreement if we reasonably believe that you have engaged in conduct which is unlawful or causes genuine distress to any member of our staff or representatives. We will endeavour to give you notice of such termination, but may cease provision of the AUSTARnet Service without notice. (c) (By AUSTAR) In addition to any other rights we may have under this Agreement, we may terminate this Agreement at any time by providing 30 days notice to you. (d) (Service Restoration) Upon termination, we will not restore or reconfigure your, equipment or software. We reserve the right to charge you an administration fee if you require us to restore your software. 8. Miscellaneous 8.1. (Governing Law): This agreement shall be governed by and construed in accordance with the laws of the place in Australia in which the contract is formed. 8.2. (Assignment) We may novate or assign this agreement or any of our rights and obligations under this agreement to any party at any time without notice to you. You cannot assign this Agreement or transfer the right to receive the AUSTARnet Service under this Agreement to anyone else without our prior consent. 8.3. (Secret Commissions) We may pay a commission to any person who introduces you to us. 8.4. (Entire Agreement) This Agreement contains the entire agreement of the parties with respect to its subject matter and replaces all previous agreements, understandings and representations about that subject matter. 8.5. (Severance) If any provision in this Agreement is or shall become void, unenforceable or illegal it shall not affect the other provisions of this Agreement and the remainder of this Agreement shall have full force and effect. 9. Definitions 9.1. In this Agreement, the following words have these meanings: "Agreement" means this agreement as more particularly described in clause 2.1. "AUSTARnet Service" means the narrowband dial-up internet service operated by us from time to time. "AUSTAR TV Service" means the subscription television broadcasting service offered by us from time to time. "Fair Use Policy" means the fair use policy relating to the use of the AUSTARnet Service published on the AUSTARnet website by us from time to time. "GST" means any value-added, consumption, turnover or similar tax, impost or duty on goods and/or services. "Mobile Telephony Service" means the AUSTAR mobile telephone service offered by us from time to time. "Software" means the software supplied by us to you to enable you to access the AUSTARnet Service. "we", "us" and "our" means Austar Entertainment Pty Ltd (ABN 93 068 104 530) as agent for Austar United Broadband Pty Ltd; "you" and "your" means you, the subscriber to the AUSTARnet Service. AUSTARnet Customer Agreement