1 TERMS AND CONDITIONS

1.1 Conetix is an Internet Service Provider that provides website hosting services.

1.2 This Agreement sets out the terms and conditions on which Conetix offers website hosting services to Customer.

2 THE SERVICES

2.1 The Customer may select one Web Hosting package.

2.2 The Web Hosting package required can be selected by marking the appropriate boxes on the Agreement form at the front of this Agreement or by requesting such services by written notice to Conetix.

3 WEB HOSTING PACKAGES

3.1 A number of Web Hosting Packages are available.

3.2 Customer must select one Web Hosting package.

3.3 The details of what is included in each Base Hosting Package is set out on the Price List.

3.4 Each Web Hosting package comprises the following features:

· storage space on Conetix's server to allow Customer to store Customer's website;

· the transfer of data from Conetix's server to Internet users via a Conetix's Internet connection;

· Internet email mailboxes so that Customer can send and receive Internet email;

· CGI capabilities;

· database access;

· if required, a link from Conetix's own website to Customer's website;

· provision of usage statistics; and

· help desk services.

3.5 Conetix may add features to a Web Hosting package without prior notice to Customer.

3.6 Conetix may remove features of a Web Hosting Package used by Customer only upon prior notice to Customer.

3.7 Conetix will host Customer's website, and if required by Customer, make it generally available to Internet users.

3.8 Customer is responsible for the creation of Customer's website in all circumstances, including when using such software or automated services.

3.9 Customer can change and update Customer's website using FTP access and other methods made available by Conetix's from time to time.

4 FEES AND CHARGES

4.1 Different fees are charged for commercial enterprises and non-profit/community organisations. Customer warrants that the category of user selected by Customer on the Agreement Form correctly describes Customer.

4.2 Customer must pay Conetix the fees and usage charges set out on the current Price List for the Conetix's services selected by Customer.

4.3 Conetix will not provide any services pursuant to this Agreement until:

· this Agreement is signed by Customer and Conetix; and

· all applicable establishment fees and "pay in advance" fees are paid by Customer.

4.4 Conetix will not refund any establishment fees or "pay in advance" fees if Customer:

· terminates this Agreement; or

· does not use any services paid for by Customer.

4.5 Certain fees and charges are payable by Customer to Conetix in arrears. These fees and charges are set out in the Price List and include charges for maintenance requested by Customer, specialist support, and usage greater than that covered by the Web Hosting package selected by Customer.

4.6 The amount of all fees and charges are determined according to Conetix's current Price List.

4.7 Conetix may vary its Price List at any time in accordance with clause 16 of this Agreement.

5 BILLING

5.1 Conetix will issue invoices / statements for all fees and charges that are payable in arrears.

5.2 Customer must pay Conetix all invoiced amounts within 7 days of the date of the invoice.

5.3 If Customer disputes an invoiced amount, Customer must notify Conetix in writing within 7 days of the date of the invoice. The undisputed amount of the invoice must be paid on time.

5.4 Conetix may charge Customer an administration fee of $20 if a cheque presented by Customer is not honored or if an electronic or credit card payment made by the Customer is reversed.

5.5 If an amount remains unpaid after the 7^th of each month, Customer will be required to pay a late fee of $5.50.

6 TERM AND TERMINATION

6.1 This Agreement continues in force until terminated by either party.

6.2 Customer may terminate this Agreement by providing two weeks written notice to Conetix

6.3 Conetix may terminate this Agreement:

· by providing two weeks written notice to Customer;

· immediately and without notice, if Customer breaches this Agreement; or

· if required by law or court order.

6.4 This Agreement automatically terminates if Customer provides notice to Conetix in accordance with clause 16.2.

6.5 Upon termination of this Agreement, Customer will be provided with an invoice in relation to services used prior to termination. This invoice must be paid within 14 days. All prior invoices immediately become due and payable upon termination of this Agreement.

6.6 Upon termination of this Agreement, Conetix will delete the Customer's website from Conetix's computer system or prevent access to Customer's website.

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7 REGISTERED USERS

7.1 Customer may nominate one or more Registered Users to access and change Customer's website and access Customer's email service.

7.2 Each Registered User must be a natural person.

7.3 Each Registered User must be associated with Customer, for example, as a principal, owner, employee or contractor of Customer.

7.4 Each Registered User of Customer will have:

· a User ID and initial password; and

· if e-mail is provided by Conetix as part of the service requested by Customer, an e-mail address and mailbox.

7.5 Customer and each Registered User are responsible for maintaining the secrecy of their passwords.

7.6 All access to and use of any Conetix's service under a User ID and password will be assumed to be access and use by the Registered User to whom the User ID has been allocated.

7.7 Customer and its Registered Users must not permit another person to access a Conetix's service using a User ID allocated to a Registered User of Customer.

7.8 Customer is responsible for all usage fees, and use and misuse of a Conetix's service, by any person using a User ID allocated to a Registered User of Customer.

8 USE OF CONETIX'S SERVICES

8.1 Customer and each Registered User must use Conetix's services in a responsible, cooperative and professional manner.

8.2 Customer is responsible for the content contained on Customer's website. Conetix does not exercise editorial control over the Customer's website.

8.3 Customer is responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the any Conetix service and for any telephone charges associated with connecting to any Conetix's service.

8.4 Customer cannot resell, on-sell or on-provide Conetix's services to third parties. For example, Customer may not "sub-host" another's website as part of Customer's website or using Conetix's services.

8.5 The following are Prohibited Acts:

· using a Conetix's service for any illegal purpose;

· tampering with, hindering the operation of or making unauthorised modifications to a Conetix's service (other than Customer's own website in the normal use and operation of the website);

· deleting another's data from a Conetix's service without permission;

· knowingly transmitting a computer virus, worm or disabling feature to Conetix, to another Conetix customer or via a Conetix service;

· using a Conetix service to access another's computer system without permission;

· using a Conetix service to publish, transmit or store any communication or data that is defamatory, obscene, sexually explicit, abusive or violates any federal, state or local law or regulation;

· using a Conetix service to engage in misleading or deceptive marketing practices;

· use a Conetix service to conduct or promote a business that is illegal;

· using a Conetix service to copy, store, distribute or transmit any work in violation of another's copyright, trade mark or moral rights;

· using a Conetix service to host a website for a third party;

· using a Conetix service to spam another or to send bulk email;

· using another's User ID or password to access a Conetix's service without permission; and

· while using a Conetix service, impersonating another person or entity.

8.6 An attempt to do a Prohibited Act is a Prohibited Act.

8.7 Knowingly permitting another to do a Prohibited Act is a Prohibited Act.

8.8 Customer must not do any Prohibited Acts.

8.9 Customer must instruct all Customer's Registered Users not to do any Prohibited Acts. Customer is responsible if any of Customer's Registered Users (or any person using the User ID allocated to a Registered User of Customer) does any Prohibited Act.

8.10 Customer and each Registered User agree to notify Conetix if Customer or the Registered User become aware that another person has obtain unauthorised access to a Registered User's password, or if there is a threat to the security or proper operation of a Conetix's service.

9 SUSPENSION AND CANCELLATION OF SERVICE

9.1 Customer may cancel a Web Hosting package by notifying Conetix in writing or using your online control panel.

9.2 Without limiting Conetix's right to terminate under clause 6.3, Conetix may suspend or cancel a Conetix service, delete the Customer's website from Conetix's computer system, or prevent access to Customer's website, if:

· there is an emergency;

· Customer does not pay an invoice on time;

· Customer becomes bankrupt, insolvent or has a receiver, manager or liquidator appointed;

· Customer's or a Registered User's use of a Conetix's service interferes with the proper operation of Conetix;

· Customer breaches this Agreement;

· Conetix believes (whether this belief is reasonable or not) Customer or a Registered User of Customer have performed or are attempting to perform a Prohibited Act;

· Conetix believes (whether this belief is reasonable or not) that Customer's website infringes or may infringe another's intellectual property rights, is defamatory, or may involve Conetix's in a legal dispute;

· Customer brings legal action against Conetix;

· Customer's level of use of a Conetix service is significantly greater than normal; or

· required to do so by law or a court order.

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9.3 Conetix may temporarily suspend a Conetix service if necessary to allow Conetix to perform maintenance of Conetix's hardware or software. In doing so, Conetix will attempt to give Customer prior notice of the suspension and will attempt to minimise inconvenience to Customer.

10 OWNERSHIP

10.1 Conetix and its respective suppliers retain ownership of all software and data provided by Conetix to Customer, including all intellectual property rights therein.

10.2 Conetix has no ownership rights in Customer's website.

10.3 Customer warrants that Customer's website does not and will not infringe the intellectual property rights of any other person.

10.4 Without limiting clause 13.1, Customer indemnifies, will defend and hold Conetix harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from any claimed or actual intellectual property infringement by Customer or relating to Customer's website.

11 ADDRESSES AND DOMAIN NAMES

11.1 Each Conetix e-mail address or Conetix web address (sub-domain) allocated by Conetix to a Customer or selected by Customer remains the property of Conetix. Customer obtains no ownership rights or goodwill in any such address.

11.2 Conetix may require a Customer to change a Conetix's e-mail or web address selected by a Customer.

11.3 Subject to technical limitations, use of a Conetix e-mail address may be transferred to another Customer upon consent of the Customer associated with the e-mail address.

12 LIMITATION OF LIABILITY

12.1 This clause limits Conetix's liability in relation to this Agreement. Please read it carefully.

12.2 To the maximum extent permitted by law, in relation to a service provided under this Agreement to Customer, Conetix's liability to Customer is limited to:

· at Conetix's option, resupplying the service; or

· at Conetix's option, paying for the resupply of the service.

12.3 To the maximum extent permitted by law, Conetix is not liable to Customer or any Registered User:

· for anything Conetix does or fails to do in relation to this Agreement; and

· for any loss or damage, whether direct or indirect or consequential, including time, money, good will, lost profits, damage to or loss of data, or damage to hardware or software, which may arise from the use, operation, maintenance or failed use of a Conetix's service or which may arise from delays, defects, errors, omissions or interruptions in a Conetix service.

12.4 Conetix does not warrant the quality, accuracy or fitness for any particular purpose of a Conetix's service.

12.5 Due to technology, Conetix does not warrant that the Customer's website will be accessible at all times or that any Conetix service will be uninterrupted or error free.

12.6 Customer is responsible obtaining, installing and operating the hardware and software to use and access Conetix's services.

12.7 Customer is responsible for the creation and modification of Customer's website.

12.8 Customer is responsible for all approvals, consents and permissions necessary in relation to Customer's website.

12.9 Customer acknowledges that the Conetix services are provided in part using third party services and products. If Conetix's use of such third party services or products is restricted or interrupted, then this may effect the provision of the Conetix's services to the Customer. Conetix's is not liable to Customer if this occurs.

12.10 Conetix does not own or control the Internet and is not responsible for Internet problems, faults or delays.

13 INDEMNIFICATION

13.1 Customer indemnifies, will defend and hold Conetix's harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from:

· any action of, representation made by or conduct of Customer;

· the storage, transmission, display, operation, failed operation or publication of Customer's website, including the content and information provided on the Customer's website;

· any breach of this Agreement by Customer;

· any Prohibited Acts of Customer or Customer's Registered Users; or

· access to or use of a Conetix's service by Customer or Customer's Registered Users.

14 VARIATION

14.1 The current version of this Agreement and associated Price Lists are available on-line at www.conetix.com.au/privacy_termsindex.htm and www.conetix.com.au/pricesnew.htm

14.2 Conetix may vary the terms of this Agreement by written notice to Customer. If Customer objects to the change in terms, Customer must notify Conetix in writing within 7 days and cease using all services provided under this Agreement.

14.3 If Conetix changes the details or pricing for any Web Hosting service not used by Customer or if the change will not effect Customer, Conetix needs not notify Customer.

15 NOTICES

15.1 Written notice may be given by Conetix to Customer by:

· mail to the Customer address set out on the Agreement Form;

· by email to the Customer email address set out on the Agreement Form; or

· by fax to the Customer fax number set out on the Agreement Form.

15.2 Customer may change Customer's address, email or fax details by providing written notice to Conetix.

15.3 Written notice may be given by Customer to Conetix only by e-mail to the following e-mail address:

· info@conetix.com.au

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16 TAXES AND GST

16.1 Customer must pay any GST payable on the supply of Conetix services when required by Conetix.

16.2 Customer must pay to Conetix any additional amount which Conetix determines represents any GST payable by Conetix for which Conetix is not entitled to an input tax credit.

16.3 "GST" means any goods and services tax or any similar tax which may be imposed in Australia and have application to the supply of Conetix services. If payable, it will be calculated by multiplying the amount payable for this supply by the prevailing GST rate.

16.4 All Conetix plan prices are GST inclusive

17 MISCELLANEOUS

17.1 Conetix is not liable for any failure to comply with this Agreement if that failure is caused by an act beyond Conetix's reasonable control.

17.2 Customer may not transfer this Agreement or any service provided under this Agreement without Conetix's prior written consent. Conetix may assign this Agreement to a third party without Customer's consent.

17.3 Cancellation or suspension of the Web Hosting packages does not effect the provisions of this Agreement regarding limitation of liability and indemnity.

17.4 Customer may not set-off any claim against amounts payable to Conetix.

17.5 Conetix may, but is under no obligation to, monitor Customer's website (including non-public sections) to ensure compliance with this Agreement and for any other reason considered appropriate by Conetix.

17.6 Customer expressly permits and authorises Conetix to furnish to Customer, electronically or by any other means selected, information prepared by Conetix or by (or on behalf of) other entities, including advertising information and solicitations.

17.7 No terms are implied into this Agreement. The only warranties and representations made by Conetix are those set out in this Agreement.

17.8 Conetix is willing to enter into this Agreement only if Customer accepts all the terms of this Agreement.

17.9 If there is an express inconsistency between this document and a Schedule or Price List, then the Schedule or Price List will prevail.

18 DEFINITIONS

18.1 Some of the terms used in this Agreement are defined in the Agreement Form at the front of this Agreement. The following additional terms are defined:

* "Agreement" includes the Schedules, Terms of Use and Price Lists.

* "Customer's website" is the website hosted by Conetix pursuant to this Agreement, and includes all data and programs stored by the Customer on Conetix's computer system.

* "Conetix service" is a service provided by Conetix to Customer in accordance with this Agreement.

* "Price List" is the current price list or lists published by Conetix on its website for the services provided to Customer by Conetix.

* "Registered User" is a person nominated in accordance with clause 9.1.