About this agreement

1. Your use of the BigPond Dial-Up Residential Internet access service ("Service") provided by Telstra Corporation Limited (in this agreement referred to as "our", "we" or "us") is subject to the terms and conditions of this agreement. Please read these terms and conditions carefully.
2. This agreement begins when we accept your registration application and continues until terminated by either party.

What we must do

3. We must use our best efforts to provide you with the Service, a member identification to access the Service and notify you by mail or electronic mail of any variation to this agreement or the charges payable by you.
4. We must make all reasonable efforts to ensure the continuity of the Service. However, our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide the Service or any part of it, or for any problems with the Service, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying the Service to you, or to paying for resupply of the Service to you. We must comply with any Industry Code to which we subscribe.

What we may do

5. We may delete any electronic mail message sent by you or addressed to you if at the time any electronic mail message passes through our email systems:
   (a) the size of the message (including attachments) exceeds 2 megabytes;
   (b) the size of the message (including attachments) when multiplied by the number of recipients of the message exceeds 20 Megabytes;
   (c) if all of your undeleted messages (including attachments) exceeds 7 Megabytes.
   
6. We may delete any electronic mail message (whether read or unread) where the message has not been deleted within 90 calendar days of it becoming available to you.
7. If we delete any electronic mail messages under the terms of this agreement we are not required to notify you or the sender of the message(s).
8. There are different fee structures ('Plans') for the use of the Service. You are able to view and select your Plan during the on-line registration process and can view and change your Plan from time to time by following the procedures on the BigPond Dial-Up Residential Web site. We may vary these Plans by giving you one month's notice.
9. Some Plans may have additional conditions as shown during the on-line registration process and they can also be accessed from the BigPond Dial-Up Residential web site. These additional conditions may include:
   (a) the number of connections available at any one time;
   (b) the availability of the Service;
   (c) the amount of continuous connection time available on the Service;
   (d) automatic disconnection after a certain period of idle time; and
   (e) limitations on the use of the Service (eg. on providing a public information service).
   You must comply with any additional terms and conditions that apply to the Plan that you select during the on-line registration process.
10. If, in our reasonable opinion, you breach any term or condition of this agreement, we may suspend your access to the Service. You are not entitled to a credit or refund for loss of access during the suspension period.
11. Irrespective of the Plan chosen, Internet access through the ISDN network will be charged at the ISDN access rate or the rate of the ISDN Plan you select from the BigPond Dial-Up Residential web site.

What you must do and what you authorise us to do

12. You must nominate a fixed line Telstra telephone account against which you are authorised to incur charges ('Telstra Account Number') or provide us with your credit card details.
13. If you nominate a Telstra Account Number, you will be allocated a unique identifier Internet and Data Service Number ('IDS Number'). You authorise us to charge all fees incurred for use of the Service through your member identification and password to your IDS Number.
14. If you provide us with your credit card details, you authorise us to charge all fees incurred for use of the Service through your member identification and password to your credit card, disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details that you provide to us. You also authorise us to take steps to verify that there is sufficient credit on your credit card account to meet likely fees.
15. You may obtain a detailed statement of all fees incurred in the last 3 months by visiting My BigPond Account on the BigPond Dial-Up Residential web site. If you wish to seek information or review any account issued by us you may call our Helpdesk on 13POND (137663) or email accounts@bigpond com.
16. The BigPond Dial-Up Residential Customer Support Centre can be reached via the newsgroup bigpond.support (for questions of a Technical nature), email to support@bigpond.com (for BigPond Dial-Up Residential issues), or telephone on 133933.
17. You are responsible for and must pay the cost of, telephone calls from your telephone to the telephone number of the dial in location you select ("Access Point Phone Number"). These calls may be at long distance or Community Call rates if the Access Point Phone Number is outside your local call area.
18. Where GST is imposed on any supply we make to you under this agreement, and the fees payable by you for the supply are not inclusive of GST, you authorise us to charge you an amount of GST in addition to the fees payable by you, calculated by multiplying those fees by the prevailing GST rate. You agree to pay the amount of GST at the same time and in the same manner as the fees are payable.
19. Certain Plans may only offer the Service at specified Access Point Phone Numbers. If the locations of these phone numbers are not in your local call area and you select that Plan, you will pay long distance or Community Call rates. We may vary the Access Point Phone Numbers from time to time.
20. If your call to the Access Point Phone Number is through the ISDN network, you will be charged at standard ISDN rate for that call.
21. You are responsible for all equipment and software necessary to access the Service as well as for the security and integrity of your data.
22. Your use of the Service is your responsibility and entirely at your own risk. We do not check the content of information available from the Service, and we are not liable for loss or damage that you or anyone else suffers as a result of using this information including, but not limited to, any damage to, or loss of, data caused by a virus or similar program.
23. You acknowledge that some of the content accessible on the Internet is unsuitable for minors and you warrant that no minor will access the Service using your member identification and password unless they have your express permission and are under your personal supervision.
24. In addition to the obligations set out in this agreement, you must comply with any Acceptable Use Policy as published by us from time to time.

What you must not do

25. You must not send or disclose your member identification and password to anybody other than us. You must not store your member identification and password in any form, whether coded or unencoded, in a location where it is capable of being read by anybody other than yourself.
26. You must not resell the Service (or any part of it), or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your membership identification and password to access the Service. You accept responsibility for all aspects of use of the Service by all persons using your member identification and password.
27. You must not use the Service for any activities which breach any laws, infringe a third party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority including activities which will require us to take remedial action under any Industry Code to which we subscribe.. You must not use the Service in a way which interferes with other users or defames, harasses or menaces anyone. You must not use the Service to send unsolicited or unwelcome electronic mail messages to anyone.
28. You are responsible for obtaining advice about whether your use of the Service involves activities which breach any laws, infringe a third party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority including the Internet Industry Association Code of Conduct.
29. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to the use of the Service by you or any other person using your membership identification and password.
30. You must not novate, or assign any of your rights under, this agreement to a third party.

Ending this agreement

31. Either party may end this agreement at any time by giving the other party 24 hours' notice. If you wish to end this agreement, your notice must comply with clause 35.
32. Ending this agreement does not affect the provisions regarding indemnity and limitation of liability.

General conditions

33. We may novate or assign any of our rights and obligations under this agreement at any time by giving you notice.
34. We may vary any terms or conditions of this agreement at any time. If we vary the terms and conditions in a manner which we reasonably consider would cause detriment to you we may do so by one month's notice to you. Your continued use of the Service after such notice will constitute acceptance of the variation.
35. Any notice of cancellation of the Service must be either given by telephone to our help desk. Any other notices under this agreement must be sent by prepaid ordinary post, by facsimile or by electronic mail, unless we specify an alternative means of giving notice in order to verify your identity.
36. This agreement is governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning this agreement.