In these terms and conditions unless the context otherwise requires:

"Customer" means the customer/s described on the form containing these terms and conditions and such other additional persons, companies or entities as the Customer and Enter Net agree in writing.

"Enter Net" means Enter Net Australia Pty Ltd ACN 078 052 525 as trustee for the Enter Net Discretionary Trust.

"Internet" means the worldwide computer network known as the Internet including information services, computer communication resources, disk storage and computer resources.

"Service" means dial-up access to the Internet.

(a) Enter Net will provide Service to the Customer at all times except for times when it is necessary for Enter Net to temporarily discontinue the service for maintenance.

(b) Enter Net will provide the Customer with a log-in identification code, password, telephone number and other information that is required to enable the Customer to connect to the Service.

(a) The fees and charges payable by the Customer for the Service are set out in these terms and conditions. Enter Net retains the right to alter the fees and charges from time to time and Enter Net will give the Customer one month's notice in writing of any alteration to the fees and charges.

(b) If the Customer agrees to pay the fees and charges monthly by automatic credit card debit the first debit will consist of the registration fee. If the customer agrees to other methods of payment the account must be kept in credit. Should credit card number advised to Enter Net by the Customer expire or should Enter Net otherwise be unable to obtain valid charges, Enter Net may, in its absolute discretion, at any time and without notice, withdraw the Customer's access to the Service.

(c) Enter Net may include reasonable fees for the collection of accounts.

(a) The Customer must provide those items of telephone line, modem, computer and software that are necessary to access the Service.

(b) The Customer must not:

(i) assign, sell, convey, transfer, mortgage, encumber or allow any lien to be created over or in respect of these terms and conditions or the Customer's rights under them;
(ii) delegate the Customer's obligations under these terms and conditions; or
(iii) resell the Service.

(c) The Customer is responsible for:

(i) selection of and use of security features, non-disclosure of personal log-in information and back-up of any information;
(ii) all use of the Service accessed through the Customer's password;
(iii) disclosure or loss of log-in information that incurs charges; and
(iv) Service misuse.

(d) The occurrence of any of the events described in clauses 4(c)(iii) and 4(c)(iv) must be reported to Enter Net immediately.

(e) The Customer acknowledges that:

(i) the Internet may carry material which the Customer may find offensive, inflammatory, adult in nature or generally inappropriate and Enter Net does not endorse that material and disclaims any and all liability relating to that material; and
(ii) Enter Net does not and cannot monitor or control the content and information accessed via the Service and Enter Net is not responsible in any way for any content or information accessed via the Service.

(f) The Customer must not use the Service so as to interfere with or disrupt Internet users, services or equipment. Disruptions include, but are not limited to:-

(i) distribution of unsolicited advertising or mass unsolicited e-mailings;
(ii) dispatching offensive, harassing or threatening electronic mail;
(iii) propagation to computer worm and viruses;
(iv) utilising the Internet for unauthorised entry to any service, equipment or machine accessible via the Service;
(v) forgery or attempted forgery of electronic mail messages or Usenet news postings;
(vi) publishing material on a home page that is grossly offensive to the Internet community including blatant expressions of bigotry, racism, hatred or profanity; and
(vii) publishing material on a home page that provides instruction information about illegal activities, promoting physical harm or injury against any group or individual, display material containing nudity or pornographic material of any kind, or material that exploits images of children under 18 years of age.

(g) The Customer must not post advertisements in venues which are not appropriate or which do not specifically encourage or allow advertising. The Customer must respect the rules and conventions (including, but not limited to, rules and conventions more restrictive than those set out in these terms and conditions) of the newsgroup, lists and networks to which the Customer is posting.

(h) The Customer agrees that in the event that any home page of the Customer receives greater than the number of "hits" determined by Enter Net (from time to time and in the absolute discretion of Enter Net) as being reasonable, the Customer is liable for additional fees and charges and/or restriction of the Service.

(i) The Service must not be used by the Customer or any individual or group of persons for:-

(i) any fraudulent or illegal activities;
(ii) any activities prohibited under applicable Australian State, Territory or Commonwealth laws, including, but not limited to the Telecommunications Act 1991 (Cth); or
(iii) any unauthorised use of copyright material.

(a) The Customer uses the Service at the risk of the Customer and releases to the full extent permitted by law, Enter Net and its agents, servants, contracts and employees from all claims and demands of every kind in respect of or resulting from any damage or loss occurring in connection with the Service or the use of the Service. Enter Net is not responsible or liable for any damage or loss suffered by the Customer as a result of any event occurring in connection with the Service or the use of the Service.

(b) The Customer indemnifies and holds harmless Enter Net to the fullest extent permitted by law from and against all actions, claims, losses, damages, costs and expenses for which Enter Net may become liable in respect of or arising from the Service or use of the Customer's use of the Service or any breach of these terms and conditions.

(a) These terms and conditions shall remain in place until terminated in accordance with these terms and conditions.

(b) Either the Customer or Enter Net may terminate the Service and these terms and conditions by giving the other one calendar month's notice in writing.

(c) If the Customer breaches these terms and conditions or misuses or abuses the Service, Enter Net may terminate the Service without notice at any time after the occurrence of the breach or the misuse or abuse. Whether an event amount to misuse or abuse for the purposes of these terms and conditions shall be determined in the absolute discretion of Enter Net.

(a) Any notice to be served on either party by the other shall be in writing and shall be sent by hand delivery, post or facsimile, or electronic mail to that party hereto at its address as specified on the form containing these terms and conditions or at such other address as is notified in writing by that party.

(b) The agreement shall be Governed by the laws in force in the State of Queensland and each party hereto submits to the exclusive jurisdiction of the Courts of that State.

(c) Where the Customer comprises more than one person, company or entity, the agreements contained in these terms and conditions shall be deemed to be entered into by the customer jointly and severally.

(d) These terms and conditions constitute and contain the entire agreement and understanding of the Customer and Enter Net with respect to their subject matter. There are no representations, undertakings, agreements, terms or conditions not contained or referred to in these terms and conditions. The Customer warrants that prior to the execution of this Agreement they have read and understood the provisions of these terms and conditions.