Terms and Conditions for User Access

This agreement represents the complete agreement and understanding between Ultra E Pty Ltd, its affiliates and owners, and the account holder (hereinafter called User) and supersedes any other written or oral agreement. Upon notice published on-line (http://www.ultra-e.net/ultra_dialup_terms.html) Ultra E Pty Ltd may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify our Accounting Department at (07) 3379-2425 during normal office hours so we can terminate your account. Failure to notify Ultra E Pty Ltd shall constitute your approval.

1. All individuals accessing Ultra E Pty Ltd represent to Ultra E Pty Ltd that they are 18 years of age of older. Certain material available on the Internet through Ultra E Pty Ltd may not be suitable for individuals under the age of 18.

2. User understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Ultra E Pty Ltd has no control over and accepts no responsibility whatsoever for such materials.

3. Information transmitted through Ultra E Pty Ltd and through the Internet in general is not confidential. Therefore, Ultra E Pty Ltd can not and will not guarantee privacy or guarantee protection of any user. We reserve the right to monitor and User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.

4. Ultra E Pty Ltd exercises no control whatsoever over the content of the information passing through it. Use of any information obtained via Ultra E Pty Ltd is at your own risk. Neither Ultra E Pty Ltd nor any of its licensors, employees or agents warrants that the service will be uninterrupted or error free; nor does Ultra E Pty Ltd or its licensors, employees or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither Ultra E Pty Ltd nor anyone else involved in creating, producing or delivering the service shall be liable for any indirect, incidental, special or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of unauthorised access to, alteration of, or use of Ultra E Pty Ltd, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

5. User agrees to indemnify and hold without harm Ultra E Pty Ltd, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including legal fees) and liabilities resultant from any and all use of the User's account whether authorised or not authorised.

6. Ultra E Pty Ltd Internet connections and all other services provided to the user by Ultra E Pty Ltd may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any Australian Federal or State regulation or law is prohibited. This includes but is not limited to: copyrighted, material legally judged to be threatening or obscene, or material protected by trade secret. User agrees to indemnify and hold harmless Ultra E Pty Ltd from any claims resulting from your use of the service which damages you or another party.

7. The right to use Ultra E Pty Ltd is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.

8. Ultra E Pty Ltd's services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Ultra E Pty Ltd DOES NOT ALLOW users to run Maillist, Listserv or any form of auto-responder from a users shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and Ultra E Pty Ltd will not be tolerated. When Ultra E Pty Ltd becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, Ultra E Pty Ltd may suspend access to services to the account in question. Confirmation of violations may result in cancellation of the account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Ultra E Pty Ltd following payment of a reconnection charge.

9. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Users will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.

10. PAYMENT TERMS:
The User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected), on the date of the application, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Unused free hours do not accrue from one month to the next. Failure to use this account(s) does not relieve the user of payment obligations.

Credit Card customers agree to allow Ultra E Pty Ltd to bill such card on each successive billing date without obtaining the user's permission after the initial charge. Credit Card customers shall notify Ultra E Pty Ltd of any changes in Credit Card Number or expiration date. If the card is not honoured for any reason Ultra E Pty Ltd will attempt to notify the card holder by using the telephone information given at sign-up. Ultra E Pty Ltd will call the card holder ONE time, if alternative billing has not been established within seven (7) days the account will be terminated. Re-establishment of the account will be subject to a reconnection fee.

If payment is by cheque or cash, payment due dates are indicated on your invoice. Billed accounts (not credit card) are invoiced only quarterly, semi-annually or annually. Dishonoured cheques are subject to a collection fee and your account may be suspended until the account is current. If payment is still not received within 7 days of the due date, service will be terminated and a re-connection fee will be added to charges for further services.

Ultra E Pty Ltd has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the user from the obligation to satisfy outstanding invoices. In the event Ultra E Pty Ltd utilises an attorney to collect such sums, the user shall be responsible for the payment of all of Internet Plus' legal fees and costs in pursuing the collection of these sums.

Ultra E Pty Ltd reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the user on a pro-rata basis.

The User must notify Ultra E Pty Ltd in writing to cancel service. Fees for any setup and the first month's service are not refundable, unless the customer is unsuccessful in using the account and notifies Ultra E Pty Ltd within ten days of establishing said service.
In addition to any price for services, Customer shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by customer.

11. The law that applies to these Terms and Conditions is the law of the state of QLD. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of Ultra E Pty Ltd shall continue in force even in the event of termination of these Terms and Conditions on other grounds. Ultra E Pty Ltd's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.

12. By the use of an Ultra E Pty Ltd account the User accepts the terms and conditions set forth in this agreement.