Part I – Definitions

1.1     “The Provider” is Indigo Networks.

1.2     “The User” is the applicant named on the signed application form.

1.3     “The Service” is the private network owned by The Provider, providing Internet access to The User.

1.4     “Account” refers to The User’s right to use The Service.

1.5     Notices shall be in writing and delivered by email, facsimile, post, or hand.

Part II – Agreement

2.1     The Provider reserves the right to terminate The User’s connection to the Internet at anytime.

2.2     The Provider may perform any act reasonably necessary or incidental to the proper running of it’s network.  This includes, but is not limited to, the suspension of The User’s Account and the monitoring of The User’s use of The Service.

2.3     The User is responsible for any and all use of their Account, whether such usage is a result of deliberate and/or negligent action on their part.

2.4     The User must be over 18 years of Age. Proof of Age may be requested by The Provider and must be supplied on such request.

2.5     Should The User allow a minor to access The Service, The User will be solely responsible for their actions.

2.6     The Provider shall not be responsible for any data which is stored or transmitted through its network as a result of the use of the User’s Account.

2.7     The User agrees not to share their account with any other person or organisation. If it is discovered that The User has been involved in account sharing or if it is found that The User’s Account is being used at multi sites, The Provider may cancel the account without notice.

2.8     The User shall not have more than one connection to The Service at any one time on the same Account.

2.9     The User’s Account has a monthly traffic allowance. The allowances are as follows:

E-mail Only (Turquoise): 10 mb

Low Usage (Aqua): 125 mb

Standard Account (Azure): 230 mb

Heavy Usage (Marine): 500 mb

Permanent 56/64k: 0 mb

Any direct traffic downloaded in excess of these amounts will be charged to the User’s Account at the applicable rate: $0.22 / mb for dialup accounts;$0.165 for all other permanent accounts. (INC GST)

The Provider defines a Megabyte (mb) as One million (1,000,000) bytes and a Gigabyte (Gb) as One thousand (1,000) Megabytes.

2.10  Any Access Fees and Connection Fees charged by the Provider pursuant to this Agreement are payable in advance of the Service Period.

2.11  The Provider may terminate this Agreement without notice should The User’s Account be found to partake or attempt to partake in any of the activities outlined in clause 3.3.   Terminations under this clause will result in forfeiture of any sums paid.

2.12  This Agreement will remain in place until it is terminated either : (i) by the giving, by either party, of one month’s written notice of termination to the other; or (ii) under any other clause of this Agreement.

Part III – Provision of Service

3.1     The Provider reserves the right to deny access to any potential clients at it’s discretion.

3.2     The Provider will provide The User with an Account

3.2     The Provider provides no guarantees, either expressed or implied, regarding the availability of The Service. The User indemnifies The Provider against any losses by The User as a result of The Service not being available.

3.3     The User agrees that The Service cannot and will not be used by any individual, group or body for any activities of an illegal, fraudulent or disruptive nature, including any activities prohibited under the Australian Commonwealth Government Telecommunications Act (1989), or under unauthorised use of copyright Material. Such activities include, but are not limited to Unsolicited Bulk Email (SPAM), Ping Floods or Denial of Service Attacks.

3.4     Should The User’s system remain idle for a period of greater than 30 minutes they will be disconnected from The Service.

3.5     The Provider will, where possible, offer telephone and email support for a limited number of Internet applications. A list of supported applications is available on request. Support not covered is available at standard consulting rates.

3.6     Any advice given to The User by an authorised representative of The Provider is provided in good faith. Should The User act upon the advice of The Provider they do so at their own risk, and indemnifies The Provider against damage, loss, or any other problems which may result from acting on The Provider’s advice.

3.7     Any software provided to The User is to be used at The User’s own risk. The Provider offers the software in good faith and should any damage occur with hardware or other software, The User hereby indemnifies The Provider against such problems.

Part IV – Payments

4.1     The User agrees to pay all charges incurred as a result of using The Service. Charges incurred by the user to other parties (e.g. Telecommunications Provider, Internet Vendors) through the use of The Service, are the responsibilty of the user and are payable seperately to the party involved.

4.2     Should the period of The Service extend beyond July 1^st 2000, The User will be liable to pay The Provider, in advance, GST at the applicable rate. The amount will be charged pro rata in accordance with the Service Period extending beyond June 30^th, 2000.

4.3     If The User provides credit card details, they hereby authorise The Provider to debit the card on or around 1^st of each month for outstanding fees and/or Excess data charges as outlined in The Providers fee structure.

4.4     The User will pay their Account before or on the 1^st of each month. Should an Account be paid in cash, and the 1^st day of the month fall on a Weekend or Public Holiday, the due date of The Account shall be on the next business day. The Provider reserves the right to suspend access to The User until The Account is paid in full.

4.5     In cases pursuant to clause 4.3, where a credit account has been established by The User, The Account must be paid by the due date, or The User may have their access temporarily suspended.

4.6     Should the User provide any dishonoured cheques a $22 charge per cheque will be incurred. (INC GST)

4.7     The Provider reserves the right to change prices and charges at any time. Should The Provider change any pricing, The Provider will notify The User giving one month’s notice of intent to change prices.

4.8     The User is responsible to notify The Provider should their Account no longer be required. Should an Account remain open and not in use, The User will be responsible for ongoing fees until The Provider is notified of the intent to cancel the Account; termination will then proceed under clause 2.12.

4.9     Any outstanding charges payable by The Customer following the termination of this agreement shall endure.

4.10  Any Pre-payments by The User shall be refunded on a pro-rata basis after termination. This is determined by subtracting the charge applicable for the Service period actually rendered. This excludes termination under clause 2.11.

4.11 Any cost incurred by the provider in the recovery of outstanding amounts will be paid by the user.