OUR TERMS AND CONDITIONS FOR SUPPLY OF INTERNET SERVICES - PLEASE READ CAREFULLY

1. The customer

1. The customer ('you') is the person who provides their personal details when purchasing a dial-up Internet plan either by telephone or by using the Net Weekly on-line sign up page.
2. By signing up on-line or over the phone you promise that you are over 18 years of age. If you are less than 18 years of age, then you are not authorised to sign up to our service.

2. Our services to you.

1. Net Weekly will provide you with the Products and Services that you purchase from us and you agree to purchase and use these Products and Services on these terms and conditions or as may be amended from time to time.
2. Our agreement will commence from the date and time your details have been added to our system.
3. Our agreement will continue until the end of any fixed term set out in your application or until you have given us 30 days notification as to the termination of your account. (Dialup services are not subject to any contract period).
   This notification must be sent via fax (1300 732731) or email to accounts@netweekly.com.au.
4. We reserve the right to require offline verification of your identity or authority.
5. All relevant customer account details (usage, account history, online mail etc.) can be accessed online in our members area located at www.netweekly.com.au using your username and password.

3. Your obligation to pay us.

1. In return for us providing these Products and Services to you, you agree to pay us the relevant fees, charges and costs via an automated monthly debit to your credit card ("fees").
2. When you agree to make your payment by credit card:
   1. You must provide valid credit card details and ensure that those details remain current (i.e. it is your responsibility to make sure that your credit card details held by us are updated if the credit card is replaced or renewed.
   2. You are solely responsible for the use of the Products and Services and for all payment of any fees arising from the use or provision of the Products or Services whether or not the user had your authority.
   3. If the credit card is not in your name, you must ensure that the credit card holder has authorised the use of the credit card to pay for Services provided by Net Weekly to you;
   4. Dialup Plans will be charged in the following manner:
• Freedom Plan - A $12.00 flat rate will be debited to your credit card monthly in advance.
• Frequent Plan - $9.90 will be debited to your credit card monthly in advance with excess data charges (charged at 18c per Mb over the monthly allowance of 70Mb - capped at an additional $14) debited in arrears.
  1. You agree that you are liable for all excess data charges, even though some excess data may be unexpected because of:
  • Certain programs that are installed on your computer that download or upload data without your knowledge;
  • Unsolicited email and other electronic communications sent to your computer (e.g. Mailing lists, Newsgroups and other subscribed services); and
  • Use of your Internet connection by others without your knowledge or
    supervision.
• Flexi Plan - $1 per hour with a minimum charge of $5 per month (which includes 5 free hours) will be debited to your credit card monthly in arrears.
3. Records held and logging procedures adopted by us in relation to usage by or provision of your Products and Services are prima facie evidence that you have used or ordered that Product and Service as indicated.
4. We will debit your credit card for your usage or our provision (as the case may be) of Products and Services within the first 7 days of each month. Net Weekly will issue a tax invoice for the supply of these services via an email to your account.
5. If your account is unpaid (through declined credit or card expiry we reserve the right to terminate your access to the Products and/or Services at any time at our discretion and refer your information to a debt collection agency or credit reference agency without notice to you.
6. You are responsible for the cost of any telephone calls you make to access the Products or Services. We will not be held responsible for you not installing the correct local call access number (0198333529).
7. You are able to, and responsible for, any change in your Internet plan. Net Weekly customers are able to move from one dialup plan to another provided they notify us at least 5 days before the end of any given month as to any change of plan required.

3. User name and password

1. When you sign up to Net Weekly, you will need to choose a username to access the Services. We make no guarantee that the username you wish to use will be available at the time you signup.
2. You must take reasonable steps to keep your password secret.
3. You are responsible for all use of the Services (including excess data charges) made using your password, whether or not you have supervised the specific use.
4. Only you or people living in your household are permitted to have access to the Services.

4. You agree that you will use the Products and Services in a responsible manner.

In particular, you warrant to us that when using the Products or Services or when providing information to us in relation to the Products or Services you will not, nor will you allow others to:

1. Distribute, publish or provide any material that is defamatory, harassing, obscene or illegal under any applicable law, rule, regulation, standard or code of practice.
2. Engage in any activity that is in breach of, or fails to comply with, any applicable law, rule, regulation, standard or code of practice;
3. Perform or facilitate the mass distribution of advertising material, except to people who have consented to the receipt of that material, and you must cease the mass distribution of advertising material to those people once that consent is withdrawn;
4. Cause or help to cause the security or integrity of any Products or Services or other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way.

In addition -

1. You must obtain, install and maintain your own access equipment to the Products and Services and any authorization, permission, licence, waiver, registration or consent from any person necessary in relation to that equipment.
2. You are responsible for providing any security or privacy you require for your computer networks and any data stored on these networks or accessed using the Products and Services and you agree that we will not be responsible for any damage caused by your failure to provide same.
3. You agree not to store on our server information, images, data, programs or files that are considered adult in nature, or any data, images, information, programs or files that are illegal.

5. Our Rights

1. We may at our discretion change any telephone numbers or other access numbers required to access any of the Products or Services and we will not be liable to you in this regard.
2. We may access and store certain content accessible using some of the Products or Services (known as caching) for faster and easy access by you. That content is updated on a regular basis but there may be delays in that updating and therefore cached content accessed by you through the Products or Services may not be the most up to date version.

6. Excluding our liability

1. Other than in relation to personal injury, to the extent permitted by law, we are not liable to you or anyone claiming through you for any loss or damage or costs sustained or incurred by you, your employees, contractors or agents or any third party, arising in any way in connection with this agreement or from your use of, or our provision of the Products or Service or any ancillary Product or Service, including without limitation, arising from:
   1. Any failure or delay by us to transmit data;
   2. Any failure or delay by you in receiving data;
   3. Any transmission or receipt of incorrect data;
   4. Any erasure or corruption of any data
   5. Any unauthorized access to your Products and Services
   6. Any content accessed using the Products or Services found to be offensive, upsetting, inaccurate, misleading or defamatory.
2. We will make all reasonable efforts to provide the Services to you on a continuous basis with the exception of the following:
   1. A hardware or software failure in any equipment or facilities used to provide the Services;
   2. Scheduled or unscheduled maintenance of any equipment or facilities used to provide the Services;
   3. While we will attempt to make sure that our systems handle expected demand, a service may be temporarily unavailable to you because of busy network congestion.
3. To the extent permitted by law, we do not promise that the Services will always work, or that you will always be able to connect to them.

7. Things beyond our control

1. The speed of your Internet connection depends many things, some which are outside of our control (including network congestion, line noise and failure in other parts of the Internet). For these reasons, we do not guarantee that you will always be able to:
   1. Connect at the highest speed possible (56k); or
   2. Access all parts of the Internet.
2. We will not be liable for any failure to fulfill any term of this agreement where that fulfillment is delayed or prevented, restricted or interfered with for any reason beyond our control, including but not limited to fire, storm flood, earthquake, accident, labour dispute, materials or labour shortage, outages in telecommunications or radio communications networks, law or regulation or an act or omission of any third person.

8. General

1. If we need to notify you of any matter, we may inform you by mail, facsimile, email or by posting a message on our homepage: www.netweekly.com.au
2. You must not assign or attempt to assign any right or obligation under this agreement without our written consent.

ALL INFORMATION CONTAINED IN THIS DOCUMENT IS SUBJECT TO CHANGE WITHOUT NOTICE. NO WARRANTY, EXPRESSED OR IMPLIED, IS GRANTED UNDER THE TERMS OF ANY TYPE OF ACCOUNT OR RELATIONSHIP WITH NET WEEKLY