• "AlphaCall"means AlphaCall, AlphaWave and all its subsidiaries.
• "Customer" means any person or entity identified on our Internet Access Registration form;
• "Service" means dial-up access to AlphaCall’ facilities, access to its computer resources, and provision of on-line;
• "Idle Time" means that period of time during which little or no data traffic flows across the dial-up connection.

Provision of Service

1. AlphaCall shall provide the Service to the Customer on an ongoing basis once the Customer establishes an account with AlphaCall.
2. The Customer is given 10 Mb of disk space to use for on-line storage of email, web page content or other information relating to AlphaCall Services. AlphaCall reserves the right, without notice and at its total discretion, to delete data where the Customer limit is exceeded.
3. The Customer may request a free Personal (non-business, non-profit) World Wide Web site to use within the bounds of these Terms and Conditions. The Customer's entire Web Site is limited to 300 Mb of data transfer per month. AlphaCall reserves the right, without notice and at its total discretion, to cease operation of this web site if this limit is exceeded.
4. For the Customer's protection, after 15 minutes or more of Idle Time, or if connected for longer than 6 hours at a time, AlphaCall reserves the right to disconnect the modem. A re-dial will be required if this occurs and AlphaCall reserves the right to impose a mandatory delay before reconnection. The Service is not to be used as a permanent connection and automated methods to avoid disconnection are not permitted.
5. AlphaCall can change the conditions and nature of the Service with a notice period of fourteen days. You may elect to terminate your Service within the 14 days of notice, otherwise it is deemed that you have accepted the variations to the Terms and Conditions.
6. The Service may be unavailable at times either due to scheduled maintenance or due to factors beyond AlphaCall’ control. AlphaCall makes no guarantee as to the availability of the Service at any time and shall not be liable for any claims against it from the Customer due to the lack of availability of the Service. Nor shall AlphaCall be held responsible for any loss or inconvenience suffered by the Customer due to lack of availability of the Service.
7. AlphaCall shall not be liable for any telecommunications expenses incurred by the Customer in relation to connecting to the Service. The Customer is always liable to pay all such connection charges and cannot seek redress or compensation from AlphaCall for same. AlphaCall may, at its discretion, change any telephone numbers or other access numbers required to access the Service and AlphaCall will not be liable to the Customer in this regard.
8. AlphaCall does not warrant that the service will be uninterrupted or error free and accepts no liability for any loss or damage caused to the Customer or any third party as a result of any failure or delay in provision of service or transmission of data.
9. The Service is offered for use on a consumer basis only and is not intended for commercial use, permanent connection or other purposes. Indicators of commercial use are hours of use and data download volumes. AlphaCall reserves the right to suspend the Service without prior notice on the basis of misuse of the Service.
10. AlphaCall may, at any time, without notice and in its absolute discretion, suspend or disconnect the Customer’s access to part or all of the Service if AlphaCall has reasonable cause to do so.
11. AlphaCall does not warrant that its Help Desk advice will resolve all problems encountered by the Service.
12. AlphaCall is not responsible for any ill effects the downloaded configuration file has on the Customers equipment or software.
13. AlphaCall is not responsible for any ill effects the download and/or installation of any file from the Internet has on the Customers equipment or software.
14. Under no circumstances, any of the carriers or suppliers of AlphaCall shall be held responsible in any way to the Customer, including, without limitations, for and in relation to:
    1. Any service supplied to the Customer;
    2. Any delay in supplying service;
    3. Any failure to supply service;
    4. Any technical or non-technical failure, or;
    5. Any content or information accessed via the Service with or without authorisation of the Customer.

    The Customer undertakes not to contact directly or indirectly with any of the carriers or suppliers of AlphaCall in respect of the provision or use of any Service.

Use of the Service

1. Only one (1) login is allowed, per user ID, at any time.
2. The Customer agrees to obtain, configure, install and maintain suitable equipment or software as is necessary to access the Service. This includes, but is not restricted to, Microsoft Internet Explorer 5 or above, Microsoft Outlook Express 5 or above, Windows 95 or Windows 98 or Windows NT 4, Pentium based PC, 32MB RAM or more, VGA/256 colour monitor, 14.4 KBPS or faster modem.
3. It is the Customers responsibility to check with their main telephone carrier regarding the cost of dialling into the AlphaCall Service.
4. The Customer shall not use, nor will allow others to use the Service in any manner involving illegal, deceptive or misleading activity. The Customer must take responsibility for his/her actions on the network and systems he/she accesses through AlphaCall. The Customer must comply with rules, regulations and acceptable usage policies that are in force for each system the Customer accesses.
5. The Customer shall not attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of AlphaCall or any computer system or network that is accessed by our Service.
6. The Customer shall not use, nor will allow other to use the Service, specifically e-mail and other on-line communications, to harass, menace, upset, annoy or inconvenience any person. Furthermore, the Customer shall not transmit, nor will allow others to transmit any message using the Service which may be considered offensive, indecent or obscene. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited.
7. The Customer shall maintain the confidentiality of passwords and other access codes to the Service, and take reasonable precautions to avoid the disclosure of these and other confidential information relating to the Service. Disclosure or loss of log-in information that incur charges or Service misuse is the Customer’s responsibility and should be reported to AlphaCall as soon as possible.
8. The Customer shall not transfer their right to use the Service to any other party.
9. The Customer shall not in anyway resell or redistribute the Service to another party, unless authorised by AlphaCall to do so in writing.
10. The Customer shall not use, nor will allow others to use the Service to facilitate the mass distribution of advertising material, except to people who have consented to the receipt of that material, and you must cease the mass distribution of advertising material to those people once that consent is withdrawn. As well, the Customer shall not forge email headers. The Mass distribution of advertising material or any other information in such a way that affects negatively on the performance of the AlphaCall network, is prohibited.
11. AlphaCall reserves the right to implement anti-spamming techniques designed to prevent the dissemination of unsolicited advertising material to AlphaCall Customers. Such techniques may impose restrictions on the Customer’s access to the global internet.
12. AlphaCall may monitor or keep any records that AlphaCall deems necessary of the Customer’s use of the Service and may delete any data stored, in our absolute discretion, if AlphaCall considers that data to be inappropriate, illegal or offensive. Any material the Customer transmits or views, whether as email or in any other format, will be considered non-confidential and non-proprietary.
13. The Customer acknowledges that AlphaCall has no control over any content accessible through the use of the Service and the Customer can have no claim against AlphaCall in that regard. The Customer must exercise their own judgement in determining whether to access content.
14. The contents accessed through the Customer’s identifications or log-in information shall be deemed to have been accessed by the Customer. The Customer undertakes to indemnify AlphaCall (or any other third party) irrevocably for all liabilities or financial loss howsoever caused by such use.
15. The Customer acknowledges that AlphaCall may be obliged to provide assistance to law enforcement agencies in respect of the Customer’s use of the Service and that the Customer will not make any claim against AlphaCall in relation to that assistance. AlphaCall reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the AlphaCall network and systems is occurring. AlphaCall co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via its network or systems.

Charges for Service

1. AlphaCall charges for the Service at the rates published simultaneously on paper and electronically on-line.
2. AlphaCall reserves the right to change its charging structure with a notice period of fourteen days.
3. The non-refundable monthly fee for accessing the Service is applied to the Customer's account periodically, until the account is terminated.
4. Goods and Services Tax (GST) will be added to the service charges and collected in accordance with government legislation. Any changes to GST charges will be published simultaneously on paper and electronically on-line.
5. The Customer acknowledges that he/she may be charged for printing of connection details and bill reprints if the customer has requested these.

Customer Accounts

1. A Customer may request termination of their account in writing, with at least thirty (30) days notice.
2. The Customer's account must be settled immediately upon termination. Any outstanding charges for access are payable immediately. Any unused access fees will not be refunded to the Customer. Termination of the Service may not occur immediately.
3. AlphaCall will, at its discretion and without notice, suspend or disable the Service if the Customer's account falls 14 days or more in arrears.
4. AlphaCall reserves the right to suspend or disable the Service if the Customers AlphaCall telephone account is barred, cancelled or in dispute.

Breach of the Terms and Conditions of Use

1. AlphaCall may terminate a Customer account if the Customer is deemed to have breached these Conditions of Use and the Customer has not remedied that breach within 14 days of receiving notice from AlphaCall. The Customer will be notified in writing with an e-mail message and/or letter.
2. At AlphaCall discretion, a Customer account may instead be suspended until the situation involving the reason for possible termination is resolved.

Force Majeure

AlphaCall shall not be liable for any breach of these Terms and Conditions caused by things beyond its control, including but not limited to an Act of God, national or local emergency, acts of government, acts of war or civil disorder, military operations, industrial disputes, fire, flood, lightning strike, weather damage, subsidence or earthquake, or acts or omissions of persons or entities for whom AlphaCall is not responsible.

Jurisdiction

1. The Terms and Conditions of Use are binding to the exclusion of all other written or verbal statements, agreements or proposals made between the Customer and AlphaCall.
2. The Terms and Conditions of Use are governed by the laws in force in the state of New South Wales. Both the Customer and AlphaCall submit to the exclusive jurisdiction of the Courts of that state.
3. If part or all of any clause in these Terms and Conditions is illegal or unenforceable, it may be severed from these Terms and Conditions and will not affect the continued operation of the remaining provisions.

Execution

The Terms and Conditions of Use are deemed to have been executed and agreed upon the Customer's submission of a duly completed paper or electronic registration form.

September 2003



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