Orara Valley Internet Dial Up User Terms & Conditions THE CONTRACT. - rev 12/06/2005

1)            Orara Valley Internet will use its best endeavours to provide an Internet connection to the User, however, connection and access is not guaranteed.

2)            Orara Valley Internet will terminate its service to the User if, in Orara Valley Internet's judgement, the User has or is likely to - * publish, transmit or access material that is defamatory, obscene, pornographic, in breach of copyright, confidential, likely to harm or offend some other party or is in breach of any law or custom of Australia.

3)            The User indemnifies Orara Valley Internet against any claim made by any person resulting from activities by the User that breach Clause 2.

4)            The User acknowledges that despite the prohibitions described in Clause 2 such events may still occur and be published by other persons. The User acknowledges Orara Valley Internet has no liability in respect of any such events.

5)            Orara Valley Internet has the right to terminate its service if any money due to Orara Valley Internet by the User is unpaid 7 days after its due date.

6)            Users paying by cash, cheque or direct deposit are required to be paid 3 months in advance.  The user will be bill in accordance with this requirement.

7)            Where payment is made by credit card or direct debit:

a)      The User gives irrevocable authority to Orara Valley Internet during the life of the contract to use the card or account to pay all charges due and to renew the Users plan unless advised in writing not to do so.

b)      The User will complete and sign a Direct Debit Permission Form and abide by its conditions.

c)      See the Direct Debit terms and conditions on www.orara.com.au.

d)      The initial payment upon joining will be of at least $20.

8)            Orara Valley Internet is entitled to serve any notice on the User by E-mail, fax, or post and a certificate from Orara Valley Internet that any such notice has been sent shall be conclusive evidence thereof.

9)            Orara Valley Internet will not be liable to the User, or any other person, for damage resulting from any failure to supply the service, any fault in the service or damage to goods caused, transmitted or associated with the service and indemnifies Orara Valley Internet accordingly.

10)        The User must not share or otherwise part with the User's right to access the Service. Any sharing of usage with other persons, whether by usage of the User's password by a third person or otherwise and whether authorised by the User or not, shall be a breach entitling Orara Valley Internet to terminate and shall also be subject to a 2nd usage charge, payable by the User of $4.00 per hour or part there of. The User is responsible for payment of all charges on the account irrespective of whether the User authorised usage of the service, the password, or the account.

11)        The User must pay its telephone charges to access the system and must rely on its own advice as to rates, availability and the like. The User must also provide its own modem, computer and suitable communication software.

12)        The User may at any time, by notice in writing, terminate its agreement.  Any amount outstanding is immediately payable upon termination.

13)        If access to the service is terminated due to a breach of this agreement, non- payment or cancellation by the User a re-connection fee of $20.00 is payable by the User.

14)        Orara Valley Internet will use its best endeavours to provide technical assistance and advice from its help desk but will accept no liability for incorrect advice or any loss or damage arising from such advice.

15)        Orara Valley Internet allows the User 5Mb storage on its system free of charge for a User Home Page. Space in excess of 5Mb is chargeable at 50¢ per Mb per day.

16)        E-mail addresses are limited to 1 per customer and terminate with this agreement. Additional E-mail addresses are available at $1.00 per address per month.

17)        COMPLAINT PROCEDURE

a)      Any complaint, whether as to service access, availability, billing or otherwise shall be made in writing and delivered to the company within 7 days of the complaint arising.

b)      The company then must respond to the complaint within 21 days.

c)      If the company response is not adequate the complainant must write within 14 days of the date of the response, give the company written notice stating the complainant's requested remedy to the complaint.

d)      If the company performs the requested remedy this action shall constitute an absolute bar to any further action in respect of the complaint.

e)      If the company refuses to perform the remedy, then the complainant may pursue his complaint with other bodies.

f)  Failure to comply with this complaint procedure will be actionable in law and to the extent allowable by law will be a complete bar to any proceedings and to the extent not allowable as a bar will result in damages of $50.00 per hour that the company is involved in dealing with the complaint.

g)      It is agreed that legal action pursuant to any non-compliance with this clause deals with an issue of importance to the company's business.

*ADDENDA - Internet Access Contract :- Orara Valley Internet reserve the right at our discretion and without prior arrangement, to disable or remove all or any World Wide Web pages hosted on the Orara Valley Internet Internet system as an adjunct to and in compliance with Clause 2 of the Internet Access Contract and for the removal of material of a nature that also may infringe on the ownership rights of a third party or parties. Examples of this material would be, but not limited to, MP3 (Motion Pictures Expert Group Layer 3), Midi (.mid, .rmi), .wav etc. sound files, static graphic files and movie files (AVI, MOV, ASF, WMA, RA formats etc.) and software, where no written authorisation is held by Orara Valley Internet Internet Service from the copyright holders/owners, for hosting these materials on Orara Valley Internet Internet Service's servers.