1: DEFINITIONS
1.1 “Linknet” means Linknet Communications NSW Pty. Ltd. (ACN 105 220 399) and its successors in business, agents, administrators, substitutes and permitted assigns. “Linknet ” also means Linknet and its related bodies corporate.
1.2 "Application" means the electronic, paper, voice or other form of application lodged by You.
1.3 "You" “Your” “the Customer” “Customer” means the person named in the Application who has entered into an Agreement with Linknet for the purpose of provision of Internet Access..
1.4 "Internet Access" means connection to the Internet using hardware, software and protocols supported by Linknet, and use of any additional services provided by Linknet.
1.5 "Charges" mean all Charges due to Linknet for use of the Internet Access, in accordance with this Agreement.
1.6 “Internet Access Service” means Internet traffic originating or terminating from the customers premises equipment or; customers hosted website on Linknet servers or; customers co-located server connected to the Linknet network; or any other means by which internet traffic originates from or terminates to the Linknet network for the purposes of supplying internet access to the customer.
1.7 "Plan Period" means the duration of the Internet Access plan You have nominated.
1.8 “Billing Period” means the duration, depending upon the account plan, that invoices are sent to the customers nominated email address for payment.
1.9 “Contract Period” means a period that a customer must commit to receive a service in return for discounts or other value added services.
1.10 "Material" means information sent or received through the Internet Access. This includes without limitation text, graphics, software, sound, video, e-mail, and any other form of electronic information.
1.11 "Data Storage Facility" means any facility provided by Linknet, which allows You to store information, including but not limited to Your e-mail mailbox and Web space.
1.12 "Equipment" means any hardware or related goods supplied to You by Linknet for use with the Internet Access.
1.13 This "Agreement" means the Application, together with these terms and conditions, service level agreement and Your nominated Internet Access plan, as published on the Linknet web page and as may be varied from time to time.
1.14 "Implied Term" means a term implied into this Agreement by consumer protection legislation and which such legislation prohibits from being excluded, modified or restricted.

2: PRICES CHARGES AND BILLING
2.1 You must pay to Linknet;
2.1.1 all Charges for the Internet Access as advised to You by Linknet within the time specified for payment on the invoice.
2.1.2 any Goods and Services Tax (GST) (or like imposition) associated with this Agreement.
2.2 Each Plan Period is charged in advance. Any additional Charges accrued during a given Plan Period are charged subsequent to the Plan Period.
2.3 Linknet may change the Charges at any time (but will not change any Charges which are subject to a contract agreement or that have already been incurred). It is Your responsibility to make sure You are aware of these changes, as published on the Linknet Web page.
2.4 Where You have nominated Credit Card payments, to the extent permitted by law You irrevocably authorise Linknet to:
2.4.1 automatically debit the Charges for the Plan or Contract Period against Your Credit Card;
2.4.2 automatically debit any outstanding Charges against Your Credit Card at any time, including after termination or suspension of the Internet Access;
2.4.3 disclose Your personal and financial details to a financial institution or Credit Card issuer in order to verify Your details, and determine Your ability to pay the account.
2.4.4 Where You have nominated Credit Card payments, it is Your responsibility to advise Linknet if Your Card has expired or is cancelled by You or Your bank.
2.4.5 If Linknet is charged back a fee as a result of Your non-compliance with clause 2.4.4 You will be charged the charge back fee and administrative costs.
2.5 Account usage statistics for Downloaded data includes all data transferred to Your computer through the Internet Access.
2.6 Account usage statistics for Uploaded data includes all data transferred to Your computer through the Internet Access.
2.7 You must pay disputed Charges. A credit may, at Linknet's discretion, be issued at a later date.
2.8 Where You dispute the Charges, You must notify Linknet immediately after receiving Your bill or Credit Card statement.
2.9 You are responsible for all costs associated with Material or other products and services obtained from third parties through the Internet Access.
2.10 Where Your account is overdue, Linknet may apply an overdue charge.
2.11 Cancellation of Your Internet Access prior to the end of Your Plan or Contract Period will attract a fee of the outstanding contract amount and may also incur an additional fee for the removal of server configuration, Data Storage Facility, equipment and administration.
2.12 Upgrading to another Internet access account plan does not alter the Initial Contract Period or terminate the contract agreement or will not result in a reduction of the charges payable by the Customer to Linknet during the initial contract term.
2.13 The Customer may be charged additional set-up fees for any configuration changes required due to their requesting an account plan upgrade. The new account plan charges will apply from the date of the upgrade to the end of the Initial Contract Period.
2.14 The Customer agrees that Linknet may increase its charges by any new or increased Government taxes, charges, fees, duties or other imposts.
2.15 For Wireless Broadband, Virtual domain hosting and Co-located Server customers, billing will commence on the day of activation with a pro-rata invoice for the remainder of the current month. Thereafter the billing cycle will occur on the first day of each month. For dial-up Internet access customers, billing will commence on the day of activation and the billing cycle will be either; one, three, six, or twelve monthly from the date of activation depending on the account option (subsequent discount) the customer has nominated.
2.16 The Customer agrees to pay all charges for the Internet Access Service in accordance with the Linknet account pricing plans. The Customer understands that these charges might be altered form time to time by Linknet giving 14 days notice of such alterations to the Customer in accordance with this Agreement. However, Linknet will not increase the access charge payable by the Customer during the Initial Contract Period.
2.17 The Customer agrees to pay access and usage charges and any other charges (where applicable) related to the service chosen by the Customer by cheque, direct debit or Credit Card, once Internet access service has been confirmed as available.
2.18 All Customers will receive their monthly Linknet bill via their Linknet or nominated email account.
2.19 The Customer is responsible, for all usage charges in respect of the use of the Internet Access Service whether or not such usage was authorised. It is the Customer’s responsibility to maintain the security of the means of access to the Internet access service and to ensure unauthorised use does not occur.

3: TERMINATION AND SUSPENSION OF ACCOUNTS
3.1 Linknet may, at its discretion, immediately suspend or terminate the Internet Access without notice in the following circumstances;
3.1.1 during any investigation of alleged Defined Abuse.
3.1.2 where You fail to pay the Charges.
3.1.3 where Your financial position is significantly changed, including without limitation, bankruptcy, insolvency, a winding up application or the appointment of a receiver.
3.1.4 in an emergency, or to safeguard the provision of services to any Customer.
3.1.5 if You breach this Agreement.
3.1.6 where You have provided any misleading, false or incomplete information to Linknet.
3.1.7 where Your nominated payment method is refused or dishonoured by Your financial institution;
3.1.8 where You fail to notify Linknet of a relevant change to Your personal or Credit Card details.
3.1.9 where in Linknet’s opinion You have breached Linknet’s “Acceptable Use Policy”
3.2 Linknet is not required to issue You a refund if the account is suspended or terminated for any of the reasons in clause 3.1, except as required by law.
3.3 Your Internet Access will continue until terminated in accordance with this Agreement.
3.4 The provision of services will be ongoing until terminated by either party giving at least 5days notice in writing prior to the end of the Billing Period.
3.4.2 You may terminate or suspend the Internet Access at any time by giving written notice to Linknet at least 5 Days prior to the end of Your Billing Period. The termination or suspension will take effect at the end of Your current Plan Period. You will not be issued a credit or refund for any unused Internet Access, except as required by law.
3.5 If You suspend or terminate Your Internet Access Service before the expiry of the Contract Period, You will be liable to pay the remaining access charges up to, and including, the end of the Contract Period. Additional charges may apply for removal of configuration, Data Storage Facility, equipment or administration costs.
3.6 If You terminate or suspend Your Internet Access You must give written notice to Linknet with advice to discontinue charging your Credit Card.
3.7 Linknet will not be responsible for refunding payments to You if You have neglected to advise in writing to discontinue charging Your Credit Card.
3.8 It is Your responsibility to check Your Credit Card statements on a monthly basis for charges in error.
3.9 Linknet may terminate the Internet Access without cause by giving 24 hours written notice to You. You may apply for a pro-rata refund for any Charges already paid by You. Linknet may levy a reasonable fee for any costs incurred as a result of the early termination.
3.10 Linknet reserves the right to terminate the service immediately and recover all monies owing, including the cost of recovery, when payments are overdue.
3.11 If You fail to comply with any of the conditions set out in this Agreement, or with Linknet’s Acceptable Use Policy, Linknet may terminate Your Internet Access service immediately by giving written notice. On termination, Your right to use the Internet access service ceases immediately and Linknet will not be liable for any loss or damage suffered by the You.
3.12 Linknet may delete any Data Storage Facility used by You on termination or suspension of this Agreement.
3.13 A cancellation fee of the outstanding contract amount applies if the service is cancelled prior to the expiry of the Your Initial Contract Period. An additional fee may also be payable.
3.14 All notices shall be in writing and shall be hand delivered, or sent by post, facsimile or email to the parties hereto at their respective addresses.

4: USE OF THE SERVICE
Acceptable use policy
4.1 You are not authorised to use the Internet Access unless Your Application has been accepted by Linknet.
4.2 You will supervise any minors who use the Internet Access. You understand that Material obtainable through the Internet Access may not be suitable for minors.
4.3, Linknet may monitor Material transferred through Your Internet Access Service. This information may be disclosed to third parties without notice, to the extent permitted by law
4.4 You must not resell the Internet access service.
4.5 You are responsible for maintenance and care of equipment You use to connect to the Internet Access, including backup of all information (including without limitation software and data).
4.6 Where Your use of any Data Storage Facility exceeds specified limits, Linknet may remove any of the stored information without notice. This includes, without limitation, information in Your e-mail mailbox and Your personal Web space.
4.7 Linknet may delete e-mail sent to or from You where;
4.7.1 individual messages are greater than a specified limit.
4.7.2 messages remain on Linknet servers for more than 90 days.
4.8 You must not connect a sub-network to the Internet Access, unless Linknet expressly allows otherwise in writing, including without limitation hosting of FTP, SMTP, HTTP and Proxy Services
4.9 You must not engage in Defined Abuse as specified in Linknet’s “Acceptable Use Policy”.
4.10 You agree that the Internet access service cannot be resold or used for Web/Mail Hosting without prior written authority form Linknet.
4.11 You agree to not knowingly to create any conflict or interference with the normal operation of the Internet access service or any related facility of the service.
4.12 You agree not to assign, transfer, or re-sell any of the services provisioned by Linknet under this Agreement or any rights given by the use of this service.
4.13 You agree not to allow a third party to use the Internet access service without direct supervision or authorisation by Linknet. You are responsible for all use of the Internet access service including use that is not authorised by the Customer.

5: DISRUPTION TO THE SERVICE
5.1 You agree that if Linknet is asked to investigate a breakdown in the service and upon investigation it is found that the fault is not due to Linknet equipment or configuration, then You agree to pay Linknet it’s standard hourly rate of $65.00 (excluding GST) for time and travel and the cost of any materials or equipment required to investigate and repair the suspected breakdown in service. Such breakdown in service could be caused by but not limited to;
5.1.1 Incorrect configuration or failure of Your computer software or hardware.
5.1.2 Failure of , or faults in, third party Internet Service Provider or Carrier’s infrastructure or equipment.
5.1.3 Virus or Spyware activity on Your computer equipment.
5.1.4 Configuration changes made in error by You to Your computer equipment which ultimately prevents, degrades, or affects the Internet Access Service.

6: ACCOUNT SECURITY & ABUSE
6.1 You are responsible for ensuring the security of Your account by;
6.1.1 exercising due care when choosing passwords.
6.1.2 ensuring that Your computer system is up to date and secure.
6.1.3 maintaining current anti-virus, firewall and other appropriate security measures.
6.1.4exercising due care when using and retrieving Material through the Internet Access.
6.2 You are entirely responsible for all use, by any person using Your Internet Access service.
6.3 "Defined Abuse" means misuse of the Internet Access by;
6.3.1 intentionally providing false information to Linknet.
6.3.2 engaging in the practice known as 'spamming'.
6.3.3 using the Internet Access in an unlawful manner.
6.3.4 using the Internet Access to menace or harass others.
6.3.5 unauthorised or fraudulent usage of the Internet Access.
6.3.6 the use or distribution of components designed to compromise system security. This includes Credit Card generators, password guessers, crackers, packet sniffers, network probes, and other such components.
6.3.7 deliberate or reckless disruption of Linknet's services or disruption of a other customer's Internet Access. This includes damage to Internet connected resources, Denial of Service attacks, hacking, distributing computer viruses and e-mail bombardment.
6.3.8 providing illegal, indecent, pornographic, fraudulent, threatening, damaging or misleading material, or information about how to obtain such material through Your personal Web space or any other means.
6.3.9 engaging in unauthorized activities in relation to other peoples' intellectual property.
6.3.10 or any other manner reasonably determined by Linknet.
6.4 Linknet may take reasonable steps to investigate an allegation of Defined Abuse.
6.5 Where You are found to have engaged in Defined Abuse (without prejudice to Linknet's other rights);
6.5.1 Linknet may provide Your particulars to any third party affected by Your conduct.
6.5.2 Linknet may charge You $100 per hour for time spent investigating the Defined Abuse.
6.5.4 any Data Storage Facility You utilised may be removed without notice;
6.5.5 Linknet may immediately terminate this Agreement without notice.

7: GENERAL
7.1 In using Linknet’s Internet access service You agrees to be bound by this the Dial-up Internet Access Terms and Conditions as displayed at the Linknet Internet web site http://www.linknet.com.au
7.1.1 You understand that Linknet’s Standard Terms and Conditions, and Acceptable use policy can be amended from time to time and that You should visit the Linknet Internet web site regularly to be aware of any changes.
7.2 Linknet makes no warranties or representations as to the accuracy of Information in or linked to the Linknet web site and assumes no liability or responsibility for any errors or omissions in content.
7.3 You warrant that You are an individual, are over 18 years of age and are authorised to enter into this Agreement.
7.4 Use of the Internet Access constitutes unconditional acceptance of this Agreement by You.
7.5 Linknet may vary this Agreement at any time. It is Your responsibility to make sure that You are aware of these changes, as notified to You or as published on the Linknet web page under “General Notices”. Continued use of the Internet Access constitutes acceptance by You of any changes.
7.6 Failure by Linknet to act immediately on any right under this Agreement does not waive any such right.
7.7 You warrant that all information You provide to Linknet is true and correct. You must notify Linknet immediately should any relevant details change.
7.8 Unless agreed otherwise by Linknet, You are the only person authorised to request account information, make account changes, or receive customer service or support.
7.9 For the duration of this Agreement, You shall provide Linknet, free of charge, with all assistance, information, access, facilities and services reasonably required by Linknet to enable it effectively to exercise its rights or perform its obligations under this Agreement.
7.10 You may not assign Your rights or obligations under this Agreement without the prior written consent of Linknet. Linknet may assign its rights and obligations under this Agreement at any time without Your consent.
7.11 Any support, maintenance or consulting other than directly related to your internet access account by Linknet to the Customer shall be regarded as separate to this agreement. The Customer is responsible for any expenses relating to, but not limited to cabling, configuration, reconfiguration and/or modifications to the Customer’s equipment.
7.12 If any provision of this Agreement is void, unenforceable, invalid or illegal, that provision shall be deemed deleted and the remainder of this Agreement shall remain in full force and effect.
7.13 Linknet will use its best endeavours to make the Internet Access Services available to You, 24 hours a day, 7 days a week. You acknowledge that Linknet cannot guarantee uninterrupted service, the speed, performance or quality of the Internet Access Service. You further acknowledge that the Internet Access Service is not fault free and there may be interruptions or access problems from time to time as Linknet depends on the performance of Third Parties over which Linknet has no control and therefore cannot accept liability for problems that may arise from the service.
7.14 You agree to direct all queries regarding faults and outages of the Internet Access Service to Linknet’s Technical Help Desk. You are liable for any inquires to Third Party service providers.
7.15 Your Computer Equipment must conform to the minimum requirements for the provisioning of Linknet’s Internet Access Services.
7.16 You agree that information concerning You will be held by Linknet and may be used to enable both parties to perform obligations defined in this Agreement and any other agreements between You and Linknet .
7.17 This agreement shall operate and be binding upon the parties form the date of its execution.
7.18 These Dial-up Internet Access Terms and Conditions are subject to change without notice.

8: LIABILITY
8.1 The liability of Linknet in respect of a breach of an Implied Term relating to the supply of any goods or services is to the full extent permitted by law limited to, at Linknet's option;
8.1.1 in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; and the payment of the cost of having the goods repaired; and
8.1.2 in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
8.2 Subject to any law to the contrary and clause 8.1;
8.2.1 You agree that Linknet's liability in relation to any claim, loss or damage and any associated costs whether arising under or in relation to this Agreement, any tortious act or omission (including without limitation negligence) or under common law or statute, is excluded;
8.2.2 the parties exclude any term, condition, warranty or representation which is not expressed in this Agreement (other than an Implied Term); and
8.2.3 Linknet is not liable to You or any other person for any loss or damage (including but not limited to any loss of profits, business or anticipated savings or any other form of indirect or consequential loss), either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, in relation to this Agreement.
8.2.4 Linknet will not be liable for claims arising from damage caused by lightning storm or tempest to any of the equipment including Your computer equipment and is at Your expense.
8.3 Subject to this Agreement and any law to the contrary, You;
8.3.1 acknowledge and agree that all relevant products and services supplied to You are not suitable for (and are not supplied for the purpose of) supporting any application which needs continuous or fault free service.
8.3.2 are responsible for making Your own assessment of whether You need continuous and fault free services and obtaining and implementing advice about alternative services suitable for such purposes.
8.3.3 release Linknet and its related bodies corporate and their respective officers, employees, contractors and agents (the "Released Persons") from all claims arising out of or in connection with all products and services.
8.4 You indemnify Linknet and its related bodies corporate and their respective officers, employees, contractors and agents (collectively the "Indemnified Parties") from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by the Indemnified Parties arising from or in connection with;
8.4.1 any breach of, or failure to comply with, the terms of this Agreement by You.
8.4.2 any damage to the Indemnified Party's network or other damage to property or persons caused by You or any person using the Internet Access (a "Permitted User").
8.4.3 the use of the Internet Access by You or a Permitted User.
8.4.4 the reproduction, broadcast, use, transmission, communication or making available of any Material by You or a Permitted User, using the Internet Access.
8.4.5 any alleged breach of a person's rights (including, but not limited to, defamation and intellectual property rights) through use of the Internet Access by You or a Permitted User; and
8.4.6 Any equipment or a facility owned or controlled by You which causes a fault in, or interferes with, the operation of any system or network owned or operated by Linknet.
8.5 All information, advice or software is provided to You on an "as is" basis. Linknet is not responsible for any losses resulting in its provision or use.
8.6 You must ensure that Your software, computer and communications equipment is compatible with Linknet's systems.
8.7 Linknet shall not be liable for the consequences of an occurrence of any event beyond its reasonable control and such event shall not amount to a breach of this Agreement.
8.8 Linknet will endeavour to make the Internet Access available 24 hours a day 7 days a week. Linknet does not warrant that the service will be uninterrupted or error free.
8.9 You use the Internet Access at Your own risk. You agree that Linknet is neither responsible nor liable for any Material obtained through the Internet Access. You agree to abide by all applicable laws relating to use of the Internet Access.
8.10 Where Your use of the Internet Access utilises services provided by third parties, You acknowledge and agree the third parties are not liable to You nor are they required to pay You any loss, costs or damages resulting from their actions.
8.11 The Customer agrees and understands that in some cases it may not be possible to provide or continue to provide the Internet Access Service. In such an event both parties will be released from their obligations under this Agreement and Linknet will have no liability to the Customer.
8.12 The Customer accepts that some services offered by a Third Party Carrier’s Network infrastructure may be incompatible with the Internet Access Service and may not be available to the Customer.
8.13 The Customer acknowledges that Linknet cannot be held responsible for any loss incurred by the Customer because of faults and/or failures within the Third Party Carrier’s Network infrastructure.
8.14 Customers use the Internet Access Service at the Customers own risk and Linknet takes no responsibility for any data downloaded and/or the content stored on the Customer’s computer.
8.15 The Customer agrees not to make any claim against Linknet, its suppliers, employees, contractors, dealers or assignees for any loss, damages of expenses relating to, or arising from, this Agreement or the use of the Internet Access Service.
8.16 The Customer hereby indemnifies Linknet against all liability, costs, loss or damage, suffered or incurred by Linknet, its suppliers, employees, contractors and assignees arising from this Agreement or the use of the Internet Access Service.

9: INCORPORATION OF ACCEPTABLE USE POLICY (AUP) IN THESE TERMS AND CONDITIONS
The Linknet Acceptable Use Policy is incorporated herein by reference and is a part of these Internet Access Terms and Conditions as if they were fully set out in these Internet Access Terms and Conditions. For the purposes of incorporation by reference as set out in this paragraph, any reference to “Agreement”, “Customer” “You” “Your”, “Company” or “Service” in the Acceptable Use Policy is a reference to these Internet Access Terms and Conditions, Customer, Linknet Company or Internet Access Services respectively as defined in these Internet Access Terms and Conditions. In determining which provisions of the Acceptable Use Policy Terms and Conditions are or are not required by the context of the Internet Access Terms and Conditions or any particular clause or provision of the Internet Access Terms and Conditions, the interpretation which best preserves the rights of Linknet will be adopted.

10: GOVERNING LAW AND JURISDICTION
10.1 The laws of New South Wales govern this Agreement. Each party submits to the jurisdiction of the New South Wales Courts and Tribunals.
10.2 This Agreement contains the entire understanding between You and Linknet. No other written or verbal correspondence affects the meaning or interpretation of this document.
10.3 This Agreement overrides and cancels any previous agreements, whether verbal or otherwise, arrangements or commitments between the Customer and Linknet relating to Internet Access Services.
10.4 Where software is supplied to You by Linknet, You agree to abide by any associated copyright and licensing restrictions including but not limited to, the number of computers the software is installed on, sublicensing the software and assignment of Your rights and obligations to the software.
10.5 In using the Linknet Internet Access Service the Customer agrees to be bound by this agreement the Linknet Dial-up Internet Access Terms and Conditions and the Linknet Acceptable use policy as displayed on the Linknet Internet web site http://www.linknet.com.au The Customer understands that, the Linknet Standard Terms and Conditions, and the Linknet Acceptable use policy can be amended from time to time and the Customer should visit the Linknet Internet web site “General Notices” regularly to be aware of any changes.

I hereby acknowledge that I have read and understood this the Linknet Dial-up Internet Access Terms and Conditions.

Signed by the customer: ________________________ Date: ___ / ___ / ____

Printed Name: ___________________________________

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