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TECHLINK COMMUNICATIONS means Registered Victorian Business, Techlink Communications A.C.N. 088 704 652
CUSTOMER means the Customer specified on the APPLICATION FORM. 

APPLICATION FORM means the printed or electronic form on which the CUSTOMER applies to TECHLINK COMMUNICATIONS for the SERVICE. 

SERVICE means TECHLINK COMMUNICATIONS' provision of access to the world-wide computer network known as the Internet, including information services, computer resources, disk storage and computer communication resources. 

TECHLINK COMMUNICATIONS HOME PAGE means the World Wide Web site http://www.techlink.com.au 

PRICE LIST means the Price List published on TECHLINK COMMUNICATIONS HOME PAGE. 

URL means Uniform Resource Locator, or web address. 

2.2 TECHLINK COMMUNICATIONS will provide the CUSTOMER with a unique Login ID code, password, telephone number and other log-in information required to enable connection to the SERVICE. The CUSTOMER must not use the Login ID code and password for multiple concurrent logins. 

2.3 Certain Internet content may contain material which the CUSTOMER may find inappropriate, offensive, inflammatory, or adult in nature. TECHLINK COMMUNICATIONS does not endorse that material and disclaims all liability for its content. 

2.4 All warranties of any kind are excluded - except non-excludable warranties implied by Statute. In relation to those implied warranties, TECHLINK COMMUNICATIONS' liability will be limited, at its option, to the re-supply, or cost of re-supply, of the SERVICES. 

2.5 TECHLINK COMMUNICATIONS will not be responsible for any delay or failure to perform caused by acts beyond its control including but not limited to acts of God, wars, strikes, natural disasters, failures of any other carrier and network operator's services and interruptions to power supply. 

3.2 The CUSTOMER agrees to pay the charges specified in the selected payment plan in the PRICE LIST. 

3.3 Accounts paid by company cheques will be payable within 14 days of invoice. 

3.4 Any Setup fees are not refundable. Early cancellation or transfer of accounts may be subject cancellation fees. 

3.5 Any costs incurred by TECHLINK COMMUNICATIONS as a result of any misuse or abuse of the SERVICE will be charged to the CUSTOMER and added to the charges otherwise payable. 

4.2 The CUSTOMER must not assign or transfer its rights, delegate its obligations, or resell the SERVICE without the written consent of TECHLINK COMMUNICATIONS. 

4.3 The CUSTOMER is responsible for selecting and using security features, not disclosing personal log-in information, and backing up any information. 

4.4 The CUSTOMER is responsible for all use of the SERVICE through the CUSTOMER's Login ID and password. Disclosure or loss of log-in information must be notified to TECHLINK COMMUNICATIONS immediately. 

4.5 The use of the SERVICE is at the CUSTOMER's sole risk and is entirely the CUSTOMER's responsibility. TECHLINK COMMUNICATIONS does not and cannot monitor or control the content and information transmitted or accessed via the SERVICE. TECHLINK COMMUNICATIONS is not responsible for any content or information transmitted or accessed via the SERVICE. 

4.6 The CUSTOMER must not use the SERVICE, or encourage or permit it to be used, in a way which interferes with or disrupts network users, SERVICES or equipment. This includes distributing unsolicited advertising, propagation of computer worms and viruses, using the network to make unauthorised entry to any other machine accessible via the SERVICE, sending harassing or threatening electronic mail, and forgery (or attempted forgery) of electronic mail messages or Usenet news postings. 

4.7 The CUSTOMER must not engage in mass posting of messages to inappropriate Usenet newsgroups, or send unsolicited e-mails in mass. The CUSTOMER must only post advertisements appropriately, and in venues that specifically encourage or allow advertising. What constitutes appropriate Usenet newsgroups or appropriate venues for advertisements will be determined by TECHLINK COMMUNICATIONS in its sole discretion. 

4.8 The CUSTOMER must respect the conventions of the newsgroups, lists and networks to which CUSTOMER is posting, including rules more restrictive than these. 

4.9 The CUSTOMER must not use offensive words or parts of words in network addresses that TECHLINK COMMUNICATIONS allows the CUSTOMER to select. These addresses include e-mail addresses and CUSTOMER's Homepage URLs if provided with the SERVICE. 

4.10 The CUSTOMER must not publish offensive material on the CUSTOMER's Homepage, including blatant expressions of bigotry, racism, hatred, or profanity; instructional information about illegal activities, or promoting physical harm or injury to 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. 

4.11 The CUSTOMER must not use the SERVICE, or encourage or permit it to be used, for any activities of an illegal or fraudulent nature. This includes, but is not limited to, activities prohibited under Australian State or Commonwealth laws, (including the Telecommunications Act 1997), unauthorised use of copyright material, and publication of defamatory material. 

4.12 The CUSTOMER must release and indemnify TECHLINK COMMUNICATIONS from and in respect of any liability, loss, damage or expense suffered by TECHLINK COMMUNICATIONS as a direct or indirect result of the use of the SERVICE, including the transmission of any illegal or fraudulent material. 

5.2 TECHLINK COMMUNICATIONS reserves the right to terminate the SERVICE immediately and without notice: 
. If the CUSTOMER misuses or abuses the SERVICE; What constitutes misuse or abuse of the SERVICE is to be determined solely by TECHLINK COMMUNICATIONS. 
· If payment for the SERVICE, or any part of the SERVICE, is not made on time. 
· If there is a significant change in the CUSTOMER's financial position including bankruptcy, insolvency, a winding-up application or the appointment of a receiver. 

5.3 TECHLINK COMMUNICATIONS reserves the right to temporarily suspend the SERVICE if it has reasonable grounds to suspect that the CUSTOMER has misused or abused the SERVICE. TECHLINK COMMUNICATIONS must then investigate the matter to determine whether there has been an abuse or misuse of the SERVICE, and must promptly notify the CUSTOMER of the outcome of the investigation. 

5.4 TECHLINK COMMUNICATIONS reserves the right to suspend the SERVICE in an emergency if TECHLINK COMMUNICATIONS considers it necessary to do so to safeguard the provision of SERVICES to other CUSTOMERS. 

5.5 TECHLINK COMMUNICATIONS reserves the right to delete the CUSTOMER's personal files and e-mail on termination. 

5.6 TECHLINK COMMUNICATIONS reserves the right to notify a credit-reporting agency if the customer fails to pay for its services.

7.2 The CUSTOMER will review the TECHLINK COMMUNICATIONS HOME PAGE at least once a month to check whether any variation has been made to this agreement. 

7.3 The CUSTOMER's continued use of the SERVICE after notice of change has been given will constitute the CUSTOMER's acceptance of the change. 

The addresses of TECHLINK COMMUNICATIONS for the serving of notices are: 

Post: 
Techlink Communications
P.O Box 393
Chadstone Centre
Victoria, Australia 3140 

Facsimile: (03) 9568 5166 
Email: accounts@techlink.com.au 

The address of the CUSTOMER for serving of notices by post and facsimile are the addresses specified on the APPLICATION FORM unless the CUSTOMER has given notice of changes. 

The address of the CUSTOMER for serving of notices by email is the address of the mailbox of the SERVICE. In the case of multiple mailboxes associated with the SERVICE, the address of the first mailbox will be used. 

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