optusnet cable service desc 632

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SERVICE DESCRIPTION

OptusNet Cable Internet Service

This Service Description forms part of the Agreement under which Optus Internet Pty Limited(ABN 14 083 532) ( Optus ) supplies the OptusNet Cable Internet Service ( the Service ) toyou.

Rules of interpretation and capitalised terms which are used in this Service Description aredefined either in the General Terms or in the attached Dictionary.

1. THE SERVICE

1.1 Optus will provide, and you must acquire, the Service in accordance with the Agreement for

at least the Committed Term. After the end of the Committed Term, Optus will continue to provide, and you must continue to acquire, the Service in accordance with the Agreementuntil it is cancelled in accordance with the Agreement.

1.2 Optus may amend the terms of the Agreement (including the charges) by complying with theTelecommunications Act and may notify you by using one or more of the followingmethods:

(a) by mail (to the last address that you have given Optus);

(b) by email (to your Primary Email Address);

(c) by notice on the OptusNet Cable web site(http://www.optus.com.au/optusnetcable ); or.

(d) By notice on the OptusNet Cable customer portal(http://broadband.optusnet.com.au )

You acknowledge that you have consented to the sending of suchnotices by Optus to you by email to your Primary Email Address. If youdo not wish to be governed by the amended terms, you may cancel theService by complying with paragraph 13.2 and paying any charges due

under that paragraph.

1.3 In addition, Optus may vary the Service if reasonably required for technical, operational or commercial reasons. If doing so has a significant detrimental effect on an IndividualService, then you may cancel that Individual Service, without penalty, by giving notice toOptus within a reasonable period of time after the variation.

2. SERVICE DESCRIPTION

2.1 The OptusNet Cable Internet service is a Broadband Internet service that provides access,via the Optus Cable Network to the Internet and related services, such as email and theworld wide web. ( Service ). The Service is only available to customers whose Premisesare physically connected to the Optus Cable Network. The Service provides an alwayson or constant connection to the Internet.

Service Description OptusNet Cable 01-09-04

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2.2 You may also have selected in your Application features and characteristicsapplicable to the Service. Optus will provide the Service to you based on thoseselections.

3. WHAT OPTUS WILL PROVIDE AS PART OF THE SERVICE

3.1 Optus will:

(a) provide and install a cable modem and other required network components inyour Premises and connect your computer to the Optus Cable Network (see

paragraphs 6, 7 and 8 below);

(b) provide you with the OptusNet Cable Installation Software (see paragraph 6 below);

(c) use reasonable endeavours to provide you with High-Speed access to the Internet

(unless your Service has been Speed Limited) and the OptusNet Cable contentavailable on the Service;

(d) provide you with a Primary Email Address and the option of creating a number of additional email addresses as indicated on the Standard Pricing Table ;

(e) provide you with Additional Services, at the applicable charge and subject to therelevant terms and conditions as indicated on the Standard Pricing Table ;

(f) provide you with Customer Support by telephone and email (see paragraph 14 below).

4. YOUR USE OF THE SERVICE

4.1 When using the Service you must comply with this Agreement, including the OptusAcceptable Use Policy, and any other instructions Optus gives you, whether via its websiteor otherwise. You should check the Acceptable Use Policy regularly to ensure that you arecomplying with it. The most current version can be found on the OptusNet Cable website:http://www.optus.com.au/optusnetcable

4.2 Any use of the Service at your Premises is your responsibility. The terms of theAgreement (including the Acceptable Use Policy) apply to you and also to anyone else

who uses the Service (whether you give them permission to do so or not).4.3 The use of a Local Area Network (LAN) for personal use is permitted, however the set-up

and configuration of a LAN connected to the Cable Modem is not supported by customer service (refer to Paragraph 14.2).

4.4 All IP addresses provided by Optus for your use remain Optus property. Unless a staticIP address option is offered by Optus and selected, the Service provides a dynamic IPaddress to connect you to the OptusNet Cable Network, which may change from time totime without notification to you and you must not configure your computer or modem toconnect using a static IP address. If a static IP address is offered and selected, that address

may be changed by Optus from time to time on reasonable notice.4.5 Optus may interfere with or adjust aspects of the Service if it is necessary to do so for the

efficient operation of the Optus Network. For example, Optus may


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(a) Delete incoming and outgoing email messages which exceed 2 megabytes in size;

(b) Delete stored email messages that are older than 90 days;

(c) Deliver access and content via proxy servers;

(d) Limit the number of addresses to whom an outgoing email can be sent;

(e) Refuse to accept incoming email messages to mailboxes that have exceeded theemail storage limit

(f) Manage the network to prioritise certain types of Internet traffic over others;

(g) Block or filter specific Internet ports.

4.6 Optus may monitor your account to ensure that you are complying with this Agreement.Optus will investigate any misuse of the Service and may involve police or other lawenforcement agencies in doing so. Optus may recover from you any costs of investigatingyour misuse of the Service. If your misuse causes loss to other users, Optus may requireyou to pay compensation.

4.7 Optus will cooperate with other Internet service providers to control unacceptable user behaviour and may implement technical mechanisms to prevent behaviour which is or would be in breach of the Agreement.

4.8 If Optus communicates with you by email, any email communications will be sent to your Primary Email Address. You agree to monitor this email account regularly to retrieve and

review these communications.4.9 Optus is not able to provide support for software not supplied by Optus, including software

Downloaded from the Internet.

5. RESTRICTIONS ON YOUR USE OF THE SERVICE

5.1 The following restrictions apply to the use of the Service:

(a) You must be over 18 years of age, or if you are not over 18 years of age, you musthave obtained the consent of a parent, teacher or other responsible adult prior toapplying for or accessing the Service. Minors (under the age of 18 years) must besupervised by a parent, teacher or other responsible adult at all times while usingthe Service, and Optus is not responsible for any Internet content that may beviewed while using the Service;

(b) You must not transfer your account to another person without Optus writtenconsent;

(c) You must not resell, attempt to resell, share or otherwise distribute the Service (or any portion thereof) to any third party without the prior written consent of Optus.Examples include but are not limited to, providing Internet access to othersthrough a dial up or wireless connection, or the hosting of shell accounts over theInternet; and

(d) You must not run network services or provide network services to othersfrom your Premises via the Service. Examples of prohibited use include, but are


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not limited to, providing network services for e-mail, http, (Hypertext Transfer Protocol) ftp, (File Transfer Protocol) irc, (Internet Relay Chat) dhcp (DynamicHost Configuration Protocol) or multi-user interactive forums.

6. INSTALLING THE SERVICE

6.1 Optus may agree with you a date on which Optus will seek to connect the Service. Optuswill endeavour to keep to the agreed date but Optus will not be liable for any loss yousuffer if Optus fails to do so.

6.2 Optus reserves the right to charge for non-standard installation (see paragraph 6.3 below),relocation of the computer outlet within the Premises and reinstallation at a new address(refer to the Standard Pricing Table ).

6.3 A connection will be a non-standard connection in circumstances that include, withoutlimitation, the following where:

(a) the length of the external cabling between the relevant Network Point of Presence(or tap) and the Service Delivery Point (or modem) is greater than 50 metres;

(b) the link between the Network Point of Presence and the Service Delivery Pointrequires more Optus equipment other than the cable;

(c) you request that the Optus cable between the Network Point of Presence and theService Delivery Point be placed underground;

(d) there is no underground or roof access to your Premises;

(e) the length of the external cabling between the relevant Network Point of Presence andthe Service Delivery Point is less than 50m, but an aerial installation is nottechnically possible; or

(f) it will require in excess of 4 man hours to complete the installation of one outlet atyour Premises, or in excess of 7 man hours to complete the installation of multipleoutlets and/or sockets at your Premises.

In most other circumstances the connection will be considered to be a standardconnection.

6.4 To connect to the Service, Optus will need to:

(a) install Optus Equipment at your Premises;

(b) connect the Optus Equipment to your Cable Modem;

(c) connect your Cable Modem to your computer via an Interface Device;

(d) install the OptusNet Cable Installation Software.

6.5 If you do not own the Premises or the computer, you represent and warrant to Optus thatyou have notified the relevant owner (including but not limited to any body corporate of aflat or apartment building) and obtained its permission for Optus to enter the Premises, toinstall the Cable Modem and the Optus Equipment, to open up the computer and to make

physical modifications to the Premises in order to install or remove the Service. You must


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8.4 In order to connect the Cable Modem to your computer, Optus may need to install anInterface Device, which will be one (and only one) of either:

(a) USB cable attached to your computer, where the cable modem, computer andoperating system support USB (See Supported System Requirements);

(b) Network Interface Card installed inside your computer, where you acknowledgethat it may be necessary for Optus to open up your computer to install the card,and an Ethernet Cable (Optus may charge an additional fee for the supply of the

Network Interface Card as indicated on the Standard Pricing Table ); or

(c) For Macintosh computers, an Ethernet Cable attached to an existing Ethernet port.(See Supported System Requirements). All risk in and title to the Interface Device

passes to you on delivery.

8.5 In addition, Optus will also use cabling and network components ('Optus Equipment') to

physically connect your Cable Modem to the Optus Cable Network.

8.6 The Optus Equipment remains the property of Optus at all times. If you have any issueswith the Optus Equipment you must contact Customer Support. You must not interferewith or disconnect the Optus Equipment, or connect any unauthorised items to it. Youmust not sell or part with it, or allow it to be used as security. You must not do anythingillegal in relation to it. You must compensate Optus for any loss of or damage to the OptusEquipment.

9. SOFTWARE

9.1 Optus will provide and install the OptusNet Cable Installation Software.

9.2 Optus grants to you a non-exclusive licence to use the OptusNet Cable InstallationSoftware subject to this Agreement and the End User Agreement (EUA) provided with theOptusNet Cable Installation Software at the time of installation.

10. DATA USAGE LIMITATIONS

10.1 Each OptusNet Cable Pricing Plan provides a monthly Data Allowance that represents themaximum Data Usage that can be used at High Speed during a calendar month (regardlessof the number of days in that month).

10.2 You may at any time request to change your Pricing Plan. However an upgrade change of Pricing Plan will take effect, at your election, within 24 hours of your request or on thefirst day of the next calendar month. A downgrade change of Pricing Plan will take effecton the first day of the calendar month following your request. Changing Pricing Plan doesnot effect the duration of the Committed Term.

10.3 Data Usage and Data Allowance are measured in Megabytes (MB) and for all purposes1Gigabyte (GB) = 1000 Megabytes (MB).

10.4 Your Data Usage is reset to zero on the first day of each calendar month. Your Data Usage

applies to Downstream data only. Upstream data usage is not counted for the purposes of calculating Data Allowance.


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10.5 An online data usage monitoring application (My DataMonitor) is provided to allow you tosee your Data Usage for the current calendar month. The My DataMonitor web-page will

be updated every 15 minutes approximately.

10.6 If your Data Usage exceeds the Data Allowance for any given calendar month, then your

access to the Service will be Speed Limited.

10.7 Your Service will remain Speed Limited until the first day of the next calendar month.Unused Data Allowance in any month cannot be rolled over into subsequent months.

10.8 Optus may notify you by email to your Primary Email Account when your Data Usagehas:

(a) exceeded 80% of your Data Allowance;

(b) exceeded 100% of your Data Allowance and your access to the Service has

become Speed Limited.10.9 The table "Bandwidth Usage - Some Practical Guidelines for Usage" available at

http://www.optus.com.au/optusnetcable sets out some practical guidelines on how todetermine what types of usage of the Service use a large amount of bandwidth andtherefore may increase your Data Usage.

10.10 Optus reserves the right to monitor any additional data usage while access to your Serviceis Speed Limited. You acknowledge and agree that Optus may need to take steps to protectagainst extreme data usage by you whilst your access to the Service is Speed Limited.

11.SERVICE CHARGES

11.1 The charges for the Service will depend on the features and characteristics selected by youin the Application.

11.2 The charges for the Service are fixed for at least the Committed Term.

11.3 You must pay the charges by credit card or direct debit to your bank account. If your financial institution fails to honour your payment to Optus, you must pay the amountowing directly to Optus, and an additional dishonour fee may apply. In instances whereOptus allows payment by other methods (such as monthly invoice) payment may attract an

additional monthly charge (see Standard Pricing Table ).11.4 You must pay the charges even if:

(a) Your computer is not working;

(b) The Service is unavailable or the Optus Cable Network is temporarily down; or

(c) You are unable to use the Service for any other reason.

11.5 If you have paid for the Service in advance and then cease using the Service for any reason(other than where Optus has cancelled the Service under Clause 13.2 of the GeneralTerms), Optus will not be liable to you for any refund except to the extent that Optus isrequired by law to give you such a refund.


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11.6 If your account is closed or the Service is cancelled, you must pay all outstanding chargesimmediately.

11.7 If clause 6.8 of the General Terms applies, then the late payment fee referred to in thatclause will instead be:

(a) A late payment fee on the overdue amount (see Standard Pricing Table ); and

(b) if the overdue amount is greater than $100, 2% above the prime-lending rate of Optus principal banker, calculated daily on the total overdue amount may becharged. In addition, Optus may charge any reasonable expenses in condition withrecovery of late payments (including the costs of engaging a mercantile agency).

12. IF YOU MOVE PREMISES

12.1 The Service may not be available from all locations. If you plan to move Premises, you

must give Optus at least 30 days notice of your new address before you move.12.2 If your new address is in an Optus Cable Network cabled area in Sydney, Brisbane or

Melbourne:

(a) Optus may agree to install the Service at your new address at a time agreed between you and Optus;

(b) Optus will charge you a relocation fee (see Standard Pricing Table). Optusreserves the right to charge for non-standard installations;

(c) you must continue to pay the charges (see paragraph 11) (even if the Service istemporarily unavailable to you);

(d) You will start a new Committed Term whether or not you have completed your Committed Term at your previous Premises.

12.3 For technical or commercial reasons not all customers can be connected to the Optus Cable Network. If the Service is not available at your new address:

(a) you must provide proof that you are moving to that address;

(b) the Service will automatically cancel 30 days after you notify Optus inaccordance with paragraph 12.1; and

(c) paragraphs 13.2, 13.3 and 13.4 will apply.

13. SUSPENSION AND CANCELLATION

13.1 Optus may suspend or cancel the Service if you breach (or Optus reasonably suspects youhave breached) the Agreement or the Acceptable Use Policy (AUP). Optus will endeavour to give you notice of such suspension or cancellation. Optus may, in its absolutediscretion, re-connect you to the Service after such a suspension if you undertake tocomply with the Agreement and the AUP in the future. Optus may charge you a re-connection fee in these circumstances.

13.2 You may cancel the Service by giving Optus 30 days notice. You must pay for the Serviceup until the end of the notice period. If you have agreed to take the Service for a


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Committed Term and you seek to cancel early (including because you move Premises) a pro-rated cancellation fee will apply (refer to Standard Pricing Table). You authoriseOptus to debit these payments to your credit card or bank account on receipt of acancellation notice from you.

13.2 If the Service is cancelled you must:

(a) provide Optus with safe access to your Premises and reasonable assistance toallow Optus to disconnect the Service (and Optus may charge you a cancellationfee);

(b) immediately return the Optus Equipment (or allow Optus to collect it);

(c) pay any outstanding charges, including applicable cancellation fees; and

(d) cease using and delete the Software.

13.4 Optus is under no obligation to return your Premises to their originalcondition after the Service is cancelled (for example, by removing wallsockets Optus has installed).

14. CUSTOMER SUPPORT

14.1 If you require support with your connection to the Service or have any questions relating toit you can contact Customer Support by telephoning 1300 300 693 or emailing your inquiry to [email protected].

14.2 Optus will provide Customer Support for the connection to the Optus Cable Network to asingle computer that meets the current Supported System Requirements. Optus will not provide Customer Support for the configuring of additional computers, networking devicesor Local Area Networks for connection to the Optus Cable Network.

14.3 Optus provides the following Warranty Periods at no extra cost, with equipment it suppliesto you at installation.

(a) Cable Modem - 12 Months

(b) Interface Device - 12 Months

(c) Ethernet Cable - 30 Days

Note: The Cable Modem Warranty Period above does not apply whereyou have supplied your own cable modem.

14.4 If you notify Optus of a fault with the Cable Modem, Interface Device or Ethernet Cablewithin their respective Warranty Periods, Optus will repair or replace the faulty item at nocost to you. However, Optus will charge you for the repair or replacement (refer toStandard Pricing Table) if the fault was caused by:

(a) any non-Optus equipment (such as your computer);(b) any interference with or modification to this equipment or a failure to use it in

accordance with instructions; or


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(c) power surge, lightning or any other circumstance beyond Optus control.

14.5 If Optus makes a service call at your request but there is no fault with the Cable Modem,Interface Device, Ethernet Cable or the Optus Equipment (for example, if the Service isnot working because you are not operating your computer properly), Optus may charge

you a service fee (refer to Standard Pricing Table ).

14.6 After the expiry of any Warranty Period, the operation of the Cable Modem, and anyrepairs to it, will be your responsibility. If Optus repairs or replaces it, Optus will chargeyou a fee (refer to Standard Pricing Table ) for doing so.

15. YOUR ACKNOWLEDGMENTS AND OBLIGATIONS

15.1 You must:

(a) comply with Optus' AUP for the Service and any other instructions Optus gives

you, whether via its website or otherwise;(b) not break any laws or contravene any relevant codes (such as the IIA codes);

(c) ensure that the software you use in relation to the Service is properly licensed;

(d) comply with any rules imposed by any third party whose content or services youaccess using the Service or whose network your data traverses; and

(e) not infringe any person's intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner).

15.3 You acknowledge that:

(a) the Service relies for its operation on content or services supplied by third parties,who are not controlled or authorised by Optus; and

(b) Optus does not exercise any control over, authorise or make any warrantyregarding:

(i) your right or ability to use, access or transmit any content(whether error-free, in time, or at all) using the Service;

(ii) the accuracy or completeness of any content which youmay use, access or transmit using the Service includingany data which Optus may cache as part of the Service;

(iii) the consequences of you using, accessing or transmittingany content using the Service, including without limitationany virus or other harmful software; and

(iv) any charges which a third party may impose on you inconnection with your use of the Service.

15.4 Optus does not make any warranty or representation regarding the performance of or rightto use any software provided to you in connection with the Service. You agree that youwill make no claim against Optus in respect of the software, its performance or your rightto use it.


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DICTIONARY

Additional Services means additional functions provided with the Servicethat may be added, or removed from time to time. Examples include the

USENET newsgroup feed, Multiplayer games, WebSpace hosting.

AUP / Acceptable Use Policy means the OptusNet Acceptable Use Policyprescribing the rules and guidelines which you must comply with in using theServices (the AUP is an attachment to these Terms and the most currentversion is always set out on the OptusNet Cable website).

Cable Modem means an approved cable modem in accordance withparagraph 8.1 or 8.2

Data Allowance means the amount of data that is provided In accordance

with your selected Pricing Plan.

Data Usage means the amount of usage (measured in MB) that has beenDownloaded in any given month.

Download / Downstream means data moving from the Optus Cable Network to your modem or connected device.

Filtering Software means Internet filtering software approved for useunder the IIA Codes.

High-Speed means providing Downstream data transmission ratesconsiderably faster than standard 28.8 kbps dial-up modems and Upstreamdata transmission rates of up to 128 kbps.

IIA Codes means the Internet Industry Codes of Practice registered underthe Broadcasting Services Act 1992. (see http://www.iia.net.au )

Interface Device means a USB cable OR a Network Interface Card andEthernet Cable OR an Ethernet Cable only.

My DataMonitor means the online personal Data Usage indicator that

displays the amount of Data Usage for your account for the current month.Network Point of Presence means the point (or tap) on the Optus Cable Networkfrom which a connection to a customers Premises is made.

Optus Equipment means the network equipment such as cabling and awall socket, used to connect your computer to the Optus Cable Network.

Optus Cable Network means the Optus hybrid fibre coaxial (HFC) cable and datacommunications network through which the Service is provided, including all its constituent

parts (both software and hardware).

OptusNet Cable Approved Cable Modem means an Optus tested andapproved, DOCSIS (version 1.0 or higher) compliant cable modem. The list of OptusNet Cable approved modems can be found on the OptusNet CableService Description - OptusNet Cable 01-09-04
http://www.iia.net.au/http://www.iia.net.au/


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website: http://www.optus.com.au/optusnetcable .(Note: A MotorolaCybersurfer modem is not an OptusNet Cable Approved Cable Modem.)

OptusNet Cable Installation Software means the software installed on anew customer's computer during installation and as updated for all

customers from time to time.Premises means the building where the Service is to be installed or hasbeen installed.

Pricing Plan means a plan identified in the Standard Pricing Table .

Primary Email Address means the first email address provided with yourService. This email address may receive Service related communicationsfrom time to time.

Speed Limited means that your Upstream and Downstream data usagespeed will be limited to the maximum speed of a 28.8kbps dial up modem. Inpractice this will be a data speed ranging between 20 and 28.8kbps.

Standard Pricing Table means the Optus standard rate plan, pricing andcharges list for the Service, as amended by Optus from time to time. Thisinformation is also set out in the OptusNet Cable Rate Card.

Supported System Requirements the pre-requisite computer hardwareand operating systems software required for installation and customersupport.

Upload / Upstream means data moving from your modem or connected device to the OptusCable Network.

Warranty Period means the period where a service call and, wherenecessary, hardware replacement will be completed for no charge.


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STANDARD PRICING TABLEOPTUS CABLE INTERNET SERVICE OPTION

1. PAYMENT TERMS1.1. You must pay the service charges in accordance with the Application Form by credit

card or direct debit to your bank account. In instances where Optus allows payment byother methods (such as monthly invoice) payment may attract an additional nominalmonthly charge (see below).

1.2. You must pay the Charges even if you are unable to use the Service or access theInternet.

1.3. If Clause 6.8 of the General Terms applies then, the late fee referred to in that Clausewill instead be the late payment fee on the overdue amounts set out below. In addition, if the overdue amount is greater than $100, 2% above the prime-lending rate of Optus'

principle banker, calculated daily on the total overdue amount may be charged. Inaddition, Optus may charge any reasonable expenses in relation to recovery of late

payments (including the costs of engaging a mercantile agency). If Optus engages amercantile agent or institutes legal proceedings to recover any outstanding amounts dueunder this Standard Agreement, Optus will charge you a recovery fee of 27.5% of theoutstanding amount to cover costs incurred by Optus in taking that action.

2. PRICING PLANS

Monthly Access Fees:

Plan name Access fee yes RewardsAccess fee

Basic 200MB $39.95 per month $29.95Starter Plus400MB

$49.95 per month $39.95

Value 1GB $59.95 per month $49.95Unlimited* $74.95 per month $64.95Unlimited Pro* $114.95 per

month

$94.95

*Unlimited Downloads. Speed limiting applies after 12GB on Unlimited plan and after 20GB on Unlimited Pro Plan. Speed limiting is equivalent to a data speed of between 20kbps and 28.8 kbps.

Installation Charge:

yes RewardsInstallation Charge

$179

One-Off InstallationCharge

$359

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Direct Debit Rebate $30 To be eligible for the $30 credit, you must send Optusa correctly completed Optus Direct Debit applicationform within six weeks of the installation date.

Own Modem Discount $80Own modem discount is not available in conjunctionwith any OptusNet Cable promotional offer or asadvised by Optus from time to time.

Customers who already have an OptusNet CableApproved Cable Modem may be eligible for aninstallation discount pending verification of thesuitability for installation of the Cable Modem byOptus at the time of installation.

Manufacturer Model(s)

Motorola SB3100, SB4100, SB4101, SB4200, SB5100 Modem Warranty will not be provided by Optus if youinstall your own modem.

Non-StandardInstallations

Optus reserves the right to quote for non-StandardInstallations.

Network Interface Card(NIC)

$50.00 (inc. GST)

Applies when network card is required for theinstallation by the operating system or the computeror upon your request.

Additional charges that may apply:

Special Request OrdersBASIC charge $99.00 (flat rate)

Applies for basic service charges such aslengthening the cable to the cable modem.

COMPLEX charge $165.00 (flat rate)

Applies for complex service charges such asmoving your outlet

Other OptusNet Cable chargesMoving to another serviceableaddress

$99.00 standard service fee applies

Service call fee $99.00 may applyReconnection $99.00

Applies only where service reactivation can becompleted without a technician visiting yourpremises.

Termination of the service $300.00Pro-rated for the remaining length of thecontract


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Change of Account Holder $99.00 (flat rate)Dishonour Fee $22.00 (inc. GST)

A dishonour fee may apply if your financial institutionfails to honour your direct debit payment.

Monthly Account Processing Fee $2.20 per monthAn account processing fee applies if you donot pay your bill by direct debit. This chargewill apply from your second bill.

Late Payment Fee Minimum $10.00A late payment fee may apply where monthlypayment is not received by the due date.

Equipment Service Charges:

If you notify Optus of a fault with the Cable Modem, Network Interface Card

or Ethernet Cable within their respective Warranty Periods, Optus will repairor replace the faulty item at no cost to you. However, Optus will charge youfor the repair or replacement as indicated below, if the fault was caused by:

any non-Optus equipment (such as your computer); any interference with or modification to this equipment or a failure to

use it in accordance with instructions; damage caused by you, the customer power surge or lightning or any other circumstance beyond Optus

control

Faulty ModemWithin Warranty Period**: Free Service Call & Free Replacement Modem.Outside Warranty Period: Service Call ($99.00) + Modem Replacement

($80.00)

Faulty Network Interface Card(NIC)Within Warranty Period**: Free Service Call & Free Replacement of NICOutside Warranty Period: Service Call ($99.00) + Replacement fee for NIC

($50.00)

Faulty Ethernet CableWithin Warranty Period**: Free Service Call & Free Replacement of

Ethernet CableOutside Warranty Period: Service Call ($99.00) + Replacement of Ethernet

Cable ($55.00)

Faulty Cabling from CableAccess Unit (CAU) to ModemManufacturing orworkmanship issues:

Free Service Call & Free Replacement of Cable

Damage or fault causedby the customer: Service Call ($99.00) + Replacement of Cable($55.00)


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** The Warranty Period only applies where Optus has supplied theequipment. Where the equipment has not been originally supplied byOptus, the Service Fee and replacement fee always apply.

3. SPECIALS

Optus yes Rewards

Optus yes Rewards is a special promotion offered to you by Optus under clause 5.3, 5.4 and 5.5of the General Terms ( Optus yes Rewards). Optus yes Rewards involves more than oneservice and each of the services you select as part of your Optus yes Rewards package are

provided to you by the relevant Optus company on the terms and conditions of the StandardAgreement for the supply of that service.

In addition, the Optus yes Rewards terms and conditions set out in A ppendix I (Optus yesRewards terms and conditions) apply to your use of the services that you select as part of your Optus yes Rewards package. The Optus yes Rewards terms and conditions set out additionalterms and conditions applicable to Optus yes Rewards, including details of special pricing,terms of supply and, where applicable, cancellation fees.

To the extent that the Optus yes Rewards terms and conditions are inconsistent over those thatwould otherwise apply in the Standard Agreement, the Optus yes Rewards terms and conditions

prevail. In all other respects the terms and conditions of the Standard Agreement shall continueto apply.

After Optus yes Rewards expires, Optus may end Optus yes Rewards pricing and terms. If Optus continues to supply any of the services that formed part of your Optus yes Rewards

package to you after expiry of the Optus yes Rewards offer, then the supply of each of thoseservices will be on the price and terms provided in the Standard Agreement.


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OPTUSNET ACCEPTABLE USE POLICY1 March 2004

The OptusNet Acceptable Use Policy is set out below. Please read it carefully.

1. Key Points

1.1 This Acceptable Use Policy (AUP) applies to the use of the OptusNet Dial-up, OptusNet Cable and OptusNet DSL Internet Services.1.2 Your use of the Service is subject to the following rules and guidelinescontained in this Acceptable Use Policy (" AUP "). Words used in this AUP thathave special definitions are given capital letters. The definitions are set outin Section 10.1.3 This AUP is designed to ensure that your use of the Service does notbreak any laws, hinder the efficient operation of the Optus Network, interferewith the rights of OptusNet customers, or interfere more generally with therights of Internet users.1.4 You are responsible for ensuring that the use of the Service through yourOptusNet account complies with this AUP. You are also responsible for anyuse of the Service even for example, if it was committed, with or withoutyour consent, by a friend, family member, guest, employee or customer whogains access to your OptusNet account.1.5 Optus may amend this AUP from time to time by giving you notice. Optusmay notify you, and you hereby consent to Optus sending you notices insuch a way, by using one or more of the following methods:

a. mail (to the last address you have given Optus); b. email (to your Primary Email Address) or;c. notice on the OptusNet web site (www.optus.com.au/optusnet ).

You should consult this document regularly to ensure that your activitiesconform to the most recent version.1.6 In the event of a conflict between the term(s) of any Customer Termsand this AUP, the term(s) of the AUP will govern.1.7 The consequences of violation of this AUP are prescribed in Clause 9 of this AUP, and include the right for Optus to immediately cancel the provisionof the Service.1.8 Complaints of violations of this AUP by other OptusNet users can be

directed to customer support at [email protected] .2. Illegal Activity

2.1 You must not use the Service for any activity that breaches any law orviolates any local, state, federal or international law, order or regulation.Prohibited activities include, but are not limited to:

a. Posting, disseminating or in some cases accessing material which is unlawful. Thisincludes material that is or would be classified RC or X and includes material that is or would be classified R where a Restricted Access System, which complies with thecriteria determined by the Australian Broadcast Authority ( www.aba.gov.au ), isnot in place. R, RC and X content includes but is not limited to:

i. material containing detailed instruction in crime, violence or drug use; child pornography; bestiality; excessive violence or sexual violence; real depictions of actual sexual activity; obscene material.


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ii. Content hosted in Australia which is classified R and not subject to a RestrictedAccess System. R rated Content includes but is not limited to material containingexcessive and/ or sexual violence; implied or simulated sexual activity; or materials which deal with issues or contains depictions that requires an adult

perspective.iii. posting or disseminating material which violates the copyright or other intellectual property rights of others. You assume all risks regarding thedetermination of whether material is in the public domain.

b. posting or disseminating material that defames, harasses or abuses anyone or violatestheir privacy.c. Pyramid or other illegal soliciting schemes.d. Any fraudulent activities, including impersonating any person or entity or forginganyone else's digital or manual signature.

3. Security

3.1 You are responsible for any misuse of the Service, as indicated in Clause1.3, therefore you must take reasonable steps to ensure that others do notgain unauthorised access to the Service through your account.3.2 The Service must not be used to obtain or attempt to obtainunauthorised access to any computer, system or network. If you do not haveauthorisation, prohibited activities include, but are not limited to:

a) accessing, monitoring or using any data, systems or networks; b) probing, scanning or testing the vulnerability of a system or network;c) breaching any security or authentication measures for a system or network;d) accessing the account or private information of any other user;e) accessing any server in violation of any acceptable use policy of that server, includingany attempt to do any of the things mentioned in a) to e) above.

3.3 Use (or attempts to use) or distribution of tools designed forcompromising security (such as password guessing programs, cracking tools,packet sniffers or network probing tools) is prohibited. The transmission ordissemination of any information or software, which contains a virus or otherharmful feature, also is prohibited.3.4 You must not use (or attempt to use) the Service in a manner that mayinterfere with the technical operation of the Service or any other computer,system, network or telecommunications services, including, but not limited

to denial of service attacks, flooding of a network, overloading a service,improper seizing and abuse of operator privileges and attempts to "crash" ahost. You must not interfere (or attempt to interfere) with the regularworkings of Optus' systems or network connections.3.5 You are solely responsible for the security of any device you choose toconnect to the Service, including any data stored on that device.3.6 Optus recommends against enabling file or printer sharing of any sort.Optus recommends that any files or services you do choose to makeavailable for remote access be protected with a strong password or asotherwise appropriate to prevent unauthorised access.3.7 You must notify Optus immediately of any unauthorised or attemptedunauthorised use of your Service and any other breach or attempted breachof security.


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4. Risks of the Internet

4.1 There are a number of activities that you can perform when accessingthe Internet that may be harmful or cause loss to you, others that mayaccess your service, or your equipment. Typical activities include but are not

limited to the following:a) Downloading Content from the Internet which may introduce viruses or other harmfulfeatures to your computer;

b) purchasing goods or services using the Internet;c) transmitting confidential information over the Internet (such as your credit cardnumber or other personal information);d) accessing and viewing Content on the Internet or otherwise available through theService that may be offensive to some individuals, or inappropriate for children. For example, it is possible to obtain access to Content that is pornographic, offensive and/or unsuitable for children.

4.2 You must bear all risk associated with the activities referred to in Clause4.1 above, and Optus shall have no liability for any claims, losses, actions,damages, suits or proceedings arising out of or otherwise relating to suchactivities.4.3 Parents may minimise the risk of accessing illegal or offensive Content aswell as manage children's use of the Internet by using a Filtering Solution.

The Internet Industry Association ( www.iia.net.au ) provides a list of approvedFiltering Solutions. Optus will provide access to one or more of these FilteringSolutions at a reasonable cost to you as part of the Service.4.4 You have the right to make complaints to the Australian BroadcastingAuthority about Internet Content which is or would be rated X or RC, or R anddoes not have a Restricted Access System in place.5. Content Publishing

5.1 You are solely responsible for any Content that you publish via websites,email, newsgroups or other publishing mediums accessed via the Service.

You must not publish via websites, email, newsgroups or other publishingmediums accessible via the Service material that is or would be RC or X (seeClause 2.1 a above) You must take appropriate precautions to preventminors from receiving your Content that may be inappropriate for them. Thisincludes implementing a Restricted Access System on Content that is orwould be rated R by the classification Board.5.2 Optus reserves the right to refuse to post or to remove any informationor materials, in whole or in part, that it, in its sole discretion, deems to beoffensive, indecent, or otherwise inappropriate regardless of whether suchmaterial or its dissemination is unlawful. This includes, but is not limited to:obscene material, fraudulent or deceptive statements, threatening,intimidating or harassing statements, or material which violates the privacyrights or property rights of others (copyrights or trade marks, for example) oris likely to be defamatory of another person.5.3 Commonwealth legislation allows the Australian Broadcasting Authorityto direct Optus to remove certain prohibited or potentially prohibited Content

from its servers or to prevent users from accessing certain Internet Content.Optus may take any steps necessary in order to ensure compliance with anyrelevant industry code of practice, or notification or direction from theAustralian Broadcasting Authority, including removing any Content (including


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part or all of a website) from its servers, closing or suspending your account,filtering the Internet Content made available to you or restricting access to aparticular website. Optus may take these steps at any time and withoutnotice to you.5.4. Optus reserves the right to discontinue access to any Usenet newsgroupfrom a Usenet news feed provided by Optus at any time and for any reason.5.5. Optus is under no obligation to monitor transmissions or publishedcontent on the Service. However, Optus or its agents have the right tomonitor such transmissions or published Content from time to time and todisclose the same in accordance with the Customer Terms.5.6. By using the Service to reproduce, publish, display, transmit ordistribute Content, a user is warranting that the Content complies with thisAUP and authorises Optus or their agents to reproduce, publish, display,transmit and distribute such Content as necessary for Optus to deliver theContent in a timely manner.

6. Electronic Messaging

6.1 Electronic Messaging includes all forms of electronic communications toother individuals including email, instant messaging, Web to SMS, Internetchat, and online forums.6.2 The Service must not be used to send bulk and/or unsolicited messages.

This includes, but is not limited to commercial advertising, informationalannouncements, charity requests, petitions for signatures, chain letters andpolitical or religious messages. Such messages must only be sent to thoseindividuals who have explicitly requested it.6.3 The Service must not be used to send messages to any individual who

has indicated that he/she does not wish to receive messages from you.6.4 The Service may not be used to collect or redirect responses fromunsolicited email sent from accounts on other Internet hosts or emailservices which violates this AUP or the equivalent AUP or policy of any otherInternet service provider or web site. Moreover, unsolicited messages maynot direct the recipient to any web site or other resource that uses the OptusNetwork.6.5 Obscuring, altering or deleting the source of messages that you send orforging message headers is prohibited.6.6 Sending numerous copies of the same or substantially similar messages,or sending very large messages or files, to a recipient with the intent todisrupt a server or account is prohibited (ie. "Mail bombing").6.7 The propagation of chain letters is similarly prohibited, whether or notthe recipient wishes to receive such mailings.6.8 Optus is not responsible for the forwarding of email sent to any accountthat has been suspended or cancelled. Such email may be returned tosender, ignored, deleted, or stored temporarily at the sole discretion of Optus.

7. Online Forums

7.1 There are forums accessible on the Internet that are generally devoted tothe discussion of a specific topic area and include, but are not limited to,newsgroups, message boards, chat rooms or mailing lists (" OnlineForums "). The following rules are in addition to those in Section 6 forElectronic Messaging.


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7.2 Messages posted to Online Forums must comply with the writtencharters for those forums. You are responsible for determining the policies of a given forum before posting to it. Binary files may only be posted to OnlineForums that are specifically established for that purpose.7.3 Posting or cross-posting the same or substantially similar messages tomore than eight Online Forums is prohibited.7.4 You must not disrupt or attempt to disrupt Online Forums by posting alarge number of messages that contain no substantive content. Disruptionoccurs when normal discussion in the group is significantly hindered.7.5 You must not use the Service to connect to an Online Forum from whichyou have been previously banned.

8. Automated Applications

8.1 The Service is provided for interactive use. However, if automatedprograms or programs that maintain a persistent connection to a remote

service are used, they must only be used when you are physically present atthe computer. These activities include but are not limited to automatedDownload software, IRC "bots", continuous streaming media and peer-to-peer file sharing applications.

9. Violation of Acceptable Use Policy

9.1 If the Service is used by you or by someone with access to the Servicethrough your account, in a way that Optus, in its sole discretion, believesviolates this AUP or the Customer Terms, Optus may take any responsiveaction it deems appropriate.9.2 Such actions may include, but are not limited to, temporary or

permanent removal of Content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or cancellation of allor any portion of the Service.9.3 Optus has no liability for any such responsive actions and may take anyother legal or technical action it deems appropriate, including taking actionagainst offenders to recover the costs and expenses of identifying them. If your use of the service causes a loss to third parties, Optus may require youto pay compensation.9.4 Optus is not obligated to regularly monitor your usage of the Service(including any Content posted, disseminated or accessed by you), howeverOptus reserves the right to monitor your use of the Service to identifyviolations of this AUP, and to protect the Optus Network and other users of this Service.9.5 Optus reserves the right to investigate suspected violations of this Policy,including the gathering of information from the user or users involved andthe complaining party, if any, and examination of material on Optus' serversand network. During an investigation, Optus may suspend the account oraccounts involved and/or remove material that potentially violates thisPolicy.9.6 In order to enforce this AUP, you hereby authorise Optus or their agents,to cooperate with

a. law enforcement authorities in the investigation of suspected criminal violations, and b. system administrators at other Internet service providers or other network or computing facilities


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9.7 Such cooperation may include Optus providing the username, IP address,or other identifying information about a user. Upon cancellation of anaccount, Optus is authorised to delete any files, programs, data and emailmessages associated with such account.9.8 The failure of Optus to enforce this AUP, for whatever reason, shall notbe construed as a waiver of any right to do so at any time. You agree that, if any portion of this AUP is held invalid or unenforceable, that portion will beconstrued consistent with applicable law as nearly as possible, and theremaining portions will remain in full force and effect.9.9 This AUP is governed by the laws of the state of New South Wales. Youagree to submit to the non-exclusive jurisdiction of the courts of that state.

10. Definitions

AUP/Acceptable Use Policy - means the OptusNet Acceptable Use Policyprescribing the rules and guidelines which you must comply with in using the

Services.Australian Broadcasting Authority (ABA) - means the regulatoryauthority established by the Broadcasting Services Act 1992. For informationabout the regulatory regime applying to online Content go towww.aba.gov.au .Content - means all forms of communication including narrativedescriptions, graphics (including photographs, illustrations, images, drawingsand logos), executable programs, video recordings and audio recordings.Customer Terms - means the terms of the Optus Standard Form of Agreement on which the individual user contracts with Optus for the Service.Download / Downstream means data moving from the Optus Network to

your modem or connected device.Filtering Solution - means Internet filtering software or system approvedfor use under the IIA Codes.IIA Codes - means the Internet Industry Codes of Practice registered underthe Broadcasting Services Act 1992 (see www.iia.net.au ).Optus - means Optus Internet Pty Limited (ABN 14 083 164 532) and/or itsdistribution affiliates.Optus Network - means the network of Optus through which the Service isprovided, including all its constituent parts (both software and hardware).Primary Email Address - means the first email address provided with yourService. This account may receive Service related communications from timeto time.Restricted Access System - means a Restricted Access System as referredto on the Australian Broadcasting Authority website at www.aba.gov.au .Service - means the OptusNet Dial-up Service, OptusNet Cable Service orOptusNet DSL Service, as applicable to the individual user.Upload / Upstream means data moving from your modem or connecteddevice to the Optus Network.

SingTel Optus Pty Limited ABN 90 052 833 208 trading as OptusCommunications

101 Miller Street North Sydney 2060.'Optus' and 'OptusNet' are trademarks of SingTel Optus Pty Limited.


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