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Definition

The 'provider' is TopThis.com.au. The 'designated user' is the person/organisation authorised to use the account. The 'account' means the customers right to use the service. The 'service' means interactive access to the Internet including computer resources, disk storage and computer communication facilities.

Termination

This agreement will remain in place until it is terminated by either the provider or customer by giving to the other party one month's written notice in thereof. If terminsation is within a contract period, charges may apply. The provider can change the prices with one day's notice if either Telstra or provider's service provider increases its prices or is charging the provider on time or usage basis. 1MB=1,024,000 bytes, each byte=8bits. If an account is pre-paid no refund is payable upon cancellation.

The provider reserves the right to terminate the service to the customer without notice upon the occasion of misuse or abuse of the service by the customer or for non-payment of account. The provider determines what constitutes misuse or abuse of the service. As stated one months written notice or billing cycle which ever is longer, is required, if this is not provided the service provider withholds any legal obligation to foreclose any refunds.

Provision of the services

The customer must provide the following: telephone line, modem, computer and appropriate communication software. The provider shall provide the account to the customer. The price of services to the customer shall be as detailed herein and as amended from time to time such amendments to be notified by the provider to the customer upon one months notice. The customer shall pay the provider the price of the services by way of credit card, cash or cheque. The customer shall pay to the provider - the registration fee and the first month's connection fee on or before the commencement of service date, the monthly fee and any other charges payable in respect of the relevant month on a month to month basis unless the account is pre-paid in advance. The customer is responsible for and will pay all charges generated by the use of the account. The provider may monitor or keep any records that the provider deems necessary of the customer's use of the service. ADSL Accounts have a minimum contract of 1 year, but this can be extended for a further discount to the service.

The use of the service (which includes the contents thereof and any storage or use of the information) is at the customer's sole risk. The provider does not nor do any of their information providers, licensors, employees or agents warrant that the service will be uninterrupted or error free; nor does the provider, licensors, employees or agents make any warranties as to the results obtained from the use of the service. The service is distributed on 'as is' basis without warranties of any kind, either expressed or implied included but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use with respect to the service or information. Any liability of the provider will be limited to either the resupply of the relevant services or a refund of unused money at the sole discretion of the provider.

The provider does not guarantee that the service will be available every hour of every day. The provider does not guarantee any level of service. Neither the provider nor any one else involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. The provision of this clause will survive any termination of this agreement. The Provider holds no liability for any dropouts caused through fault of the user or the provider. The service can not be used by any individual or group of persons for any activity of an illegal or fraudulent nature, including activities prohibited under the Australian Commonwealth Government telecommunications Act 1989 or under other applicable Australian state and Commonwealth laws; and/or (b) any unauthorised use of the copyright material. Some accounts have an idle timeout limit ie. if no activity is happening on the line for the duration of the idle timeout the connection may be disconnected. Some accounts have a session limit and may be disconnected after this time. These limits are set by the Provider and can be changed at any time without notice.

It is possible that the customer may get a busy signal when trying to connect to the provider. The customer understands and accepts it. The Provider reserves the right to cancel an account if the customer is using system resources excessively. What constitutes excessive use of resources is at the sole discretion of the provider. Virtual Web Space includes 10 Mb of inbound traffic each month and a charge of $0.25 per Mb after. Each account is for use by one person from one location (calling phone number) unless otherwise agreed to by the provider in writing. If an account is used more than once at the same time without providers written approval, an additional month's fee will be charged for every simultaneous access. A charge of $15 applies for every dishonoured cheque. A charge of $5 applies for every declined credit card. All account statements will be sent by email/mail to the email address/postal address for the account given by the provider. If payment is not received when due or a credit card is declined, a notice for making the payment may be issued. Issuance of each such notice will be charged at $5. If payment is not received within a reasonable period and the matter is handed over to a debt collector, a charge of 25% of the outstanding amount will be made to the account. The customer will also be liable for any and all other charges incurred in recovering the debt. The customer if paying by credit card authorises the provider to make all future billings on the credit card until further notice by the customer by either fax, phone or email. TopThis holds no responsibility for users passwords or home computer security.

All accounts will be sent via email to an email address given to the customer by the provider. If extra account statements are required, these can be reprinted from the online user's pages. The provider reserves the right to display sponsor messages/ads on its home page and on web pages viewed by its customers. The provider may also add X-info sponsor messages in all emails passing through its mail server.

Indemnity

The customer hereby indemnifies and shall keep indemnified the provider in respect to any loss or damage action claim suit or proceeding against the provider by any person in respect to the use of the customers user account including but not limited to the transmission of any illegal and / or fraudulent material which the customer transmits or causes to be transmitted by the provider's service.

Notices

All notices and other communication provider permitted hereunder shall be in writing and shall be sent by hand delivery post of facsimile, or electronic mail to the parties hereto at their respective addresses as herein specified or to such other address as any party may specify by notice in writing to another party. All such notices and communication shall be deemed to have been duly given or made (I) when delivered if sent by hand or (ii) the business day three days following posting if sent by post or (iii) the business day following the date of transmission if sent by facsimile or (iv) the business day following the date of transmission if sent by electronic mail.

Miscellaneous

This agreement shall be governed by the laws in force in the state of New South Wales and each party hereto submits to the exclusive jurisdiction of the courts of that state. Except as otherwise expressly provided in these terms the provisions thereof shall ensure to the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties hereto. TopThis.com.au reserves the right to charge for the service on time or volume basis where such charges are imposed upon the provider by Telstra or any other Network Service provider. These terms and other documents delivered pursuant hereto constitute the full and entire understanding and agreement between the parties with regard to the subject matter of the same. Neither this agreement nor any term in it may be amended, waived, discharged or terminated except by a written instrument signed by all parties hereto and / or as specified herein.

Operating rules : As notified by the provider to the customer from time to time.