DEFINITIONS:

ACCOUNT - means the official documentation and details allocated to a customer following the acceptance of their application.
AGREEMENT - means these Terms and Conditions in conjunction with OziSP's
Privacy Policy and Acceptable Use Policy.
CUSTOMER - means a person whose application has been accepted at Registration and who subsequently uses the service.
LAW - means any Australian law, regulation or standard governing the use of the Internet or the terms of this Agreement.
REGISTRATION - The process undertaken by customers required before they are permitted to use the service.
SERVICE - means all dial up and otherwise Internet related services provided by OziSP.

REASONABLE USE:

1. The services and resources provided by OziSP are intended to be shared among customers in a fair and equitable manner to ensure that all customers can gain the maximum benefits. Conduct by the customer including, but not limited to the following, may constitute unreasonable use as determined solely by OziSP -
   i. Exceeding the acceptable monthly level of usage or download limit by a considerable amount as determined by the Australian Bureau of Statistics,
   ii. Excessive utilisation of resources beyond a customer's typical requirements.
2. If OziSP finds a customer's use of the service to be unreasonable according to these standards it may terminate or suspend the customer's service without notice.

THIS AGREEMENT:

This Agreement, in conjunction with the Terms and Conditions in relation to our webmail service, and our Privacy Policy, and our Acceptable Use Policy constitute the full and binding agreement between the parties (OziSP & the customer) and takes precedence over any other agreement to which the two may be subject.

DURATION:

The customer's use of Internet services provided by OziSP is governed by the following agreement from the time at which registration is accepted until the termination of the service by either party. Either party may terminate the agreement and service at any time.

OziSP AGREES:

1. To provide customers with the service and Account, and notify them by email of any changes to the terms of this agreement, to the service itself or charges payable by the customer which are likely to have a bearing on the customer's use of the service.
2. To make every effort to provide a reliable and continuous Internet service. However, some factors affecting the speed and reliability of the service will be beyond the control of OziSP.
3. OziSP does not guarantee the availability of the service in all areas. Customers must check if their particular area is covered by OziSP's network.
4. OziSP must comply with any industry standards it subscribes to or is governed by.

CUSTOMER OBLIGATIONS:

1. That the customer is over the age of 18 at the time of registering for the service. OziSP may require proof of age as a condition of registration, and if a customer is found to be under the age of 18, OziSP may discontinue the service.
2. Customers under the age of 18 using the service are assumed to have the consent of a parent or guardian to do so.
3. Where such consent is given, it is the customer's responsibility to ensure that the person consented to uses the service in accordance with the Terms and Conditions and Acceptable Use Policy.
4. The customer is prohibited from reselling or attempting to resell the service.
5. The customer is solely responsible for making all determinations regarding the suitability, lawfulness or accuracy of any materials accessed on the Internet. OziSP takes no responsibility for ensuring the suitability of Internet content.
6. OziSP recognizes that some material accessed on the Internet will be unsuitable for children. While OziSP does not condone the accessing of unsuitable materials by minors, it is the responsibility of any customer concerned to acquire filtering services or software, or to ensure that children are under supervision when necessary.
7. The customer represents that all information given by them during the registration process is correct at all times. Customers may amend their details at any time through the OziSP website or by notifying OziSP by email. Failure to provide accurate details will constitute a breach of the Terms and Conditions and may result in suspension or termination of the service.
8. It is the customer's responsibility to ensure that all confidential information relating to their use of the service is not made known to a third party or treated in a manner which makes disclosure of that information possible.
9. The customer must not use the service - For accessing, storing or distributing explicit or illegal materials, information or software of any kind.
   ii. For sending unsolicited bulk emails to a third party.
   iii. For interfering in any way with OziSP's network.
   iv. For any unlawful purpose or in any unlawful manner as determined by the laws of Australia.
   v. To infringe on the rights of another person in any way.
   vi. For any purpose which is deemed by OziSP to be in contravention of standards to which the customer or OziSP is subject regarding the proper and lawful use of the internet.
10. It is the customer's responsibility to be properly advised about the lawfulness of their conduct in relation to the Internet service at all times. A customer's negligence in this regard is not a justification for any unlawful conduct.
11. Customers are prohibited from logging on more than once concurrently, only one connection will be available for use at any one time.
12. The customer is solely responsible for all telecommunications costs associated with using the service and it is the customer's responsibility to ensure that their dial in number is a local call number. OziSP takes no responsibility for STD charges incurred by the customer.

LIABILITY:

1. The customer is solely responsible for any loss or damage incurred through use of the Internet.
2. The customer indemnifies OziSP from all liability, suits, claims and costs arising out of or in any way connected to the customer's use of the service or to the use of the service by anyone possessing the customer's membership details.
3. If this Agreement and the customer's service is terminated for any reason, all indemnities given by the customer survive the termination of the Agreement.

OzISP MAY:

1. Make changes to these Terms and Conditions and The Acceptable Use Policy or to the service itself at any time.
2. Choose to terminate the service provided without notice if –
   i. the customer in any way contravenes the Terms and Conditions
   ii. the customer uses the service to distribute spam, bulk email, for the
   purposes of hacking, to interfere with OziSP's network, or for any other unlawful purpose
   iii. the conduct of the customer in any way threatens the security of other
   customers or the general public
   iv. in the opinion of OziSP the customer's continued use of the service is not
   in the public interest.
3. OziSP may delete any unauthorised, explicit or unlawful materials stored on its storage disks, or any material which is deemed either excessive in its size or has remained unaccessed or uncollected by the customer for an excessive period of time.
4. OziSP may delete any electronic mail message passing through our email systems at any time where:
   i. the size of the message (including attachments) exceeds 2 megabytes.
   ii. the size of the message (including any attachments) when multiplied by
   the number of recipients is greater than 10 megabytes.
   iii. all undeleted messages stored (including attachments) exceed 8
   megabytes in size.
5. If we delete any electronic mail messages in accordance with the Terms and Conditions, we are not required to notify you before or after doing so.
6. OziSP may, if it has previously terminated a customer's service, disallow reconnection of that service if the customer re-applies.
7. If OziSP reconnects the customer's service after termination, this Agreement will continue to be in force as if it had not been terminated.
8. 30 Days notice is required in all cases to finalise Accounts without exception.
9. OzISP may make a charge of $2.75 (incGST) where a customers bank or credit card issuer declines to meet a credit card payment as authorised by the customer for any reason but not limited to insufficient funds. This fee will be at the discretion of OzISP.

BILLING & PAYMENT:

1. The customer's billing, charges and payment options will vary depending on the plan they choose.
2. Specific conditions apply to individual plans, and these must be adhered to in the same way as with this agreement. These include, but are not limited to -
   i. the availability of the service at certain times.
   ii. OziSP's right to disconnect the service after a prescribed period of idle time.
   iii. OziSP's right to suspend or terminate the service without notice if credit card payment is refused.
3. OziSP may vary the charges applicable to the service at any time and will give customers reasonable notice by email as to the changes.
4. Bills for this Service will generally be issued to the customer monthly unless the conditions applying to the customer's plan state otherwise.
5. Payment of charges must be made by the customer, even if for whatever reason, you are unable to access the service. Payment must be made within 7 days of the customer receiving an invoice. Failure to do so could result in suspension or termination of the service until payment is made.
6. Any unused hours allocated by a plan cannot be transferred for use at a later time.
7. Charges for the service begin on the day on which your account becomes active and is prorated to the first of the next month and then calculated on a monthly basis from that start month date.
8. OzISP reserves the right to refuse support to any customer who is in default with their OzISP account or payments until such time as the account is in order

CONCLUSION:

1. Any use of the service implies full knowledge and acceptance of the terms of this agreement.
2. Use of the service following amendment to any of the Terms & Conditions implies the customer's acceptance of the amendments.
3. These Terms & Conditions are governed by the laws of Australia and both parties to this agreement (OziSP & the customer) are at all times unconditionally subject to them in their conduct, or in the event of a dispute.