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									Our Customer Terms                                                   Page 1 of 168

BigPond service section

Part G – BigPond additional services




       Contents
       Click on the section that you are interested in.

       Contents                                                     1
       1       About this Part                                      7
       2       General conditions for BigPond additional services    7
               Credit card payments                                  7
               Late or dishonoured payments                          7
               Adjustments                                           8
               Material breach                                       8
               Our additional rights to cancel your service          8
               Refund of prepayments                                 9
               Security                                              9
               Unauthorised Use                                     10
       3       Dial-up for broadband                                10
               Availability                                         10
               Charges                                              10
       4       Wireless hotspots                                    11
               Service description                                  11
               Availability                                         11
               Group user plans and business executive LAN plans    11
               Limitations of the service                           11
               Security                                             12
               Your obligations                                     12
               Use of the service                                   12
               Charges                                              13
               Suspension and termination                           13
               Changing these terms                                 14
               Maintenance of the service                           14
               Our liability to you                                 15
               Your liability to us                                 16
               Privacy                                              16
               Transferring your service                            17
               Taxes                                                17
               General terms                                        17
       5       Global Roaming                                       18
               What is the global roaming service?                  18
               Availability                                         18
               Limitations of the service                           18
               Your obligations                                     19
               Charges                                              19
               Additional services and termination                  20



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              Changing these terms                                            21
              Maintenance of the service                                      21
              Our liability to you                                            21
              Your liability to us                                            23
              Privacy                                                         23
              Transferring your service or these terms                        24
              Taxes                                                           24
              General terms                                                   24
       6      BigPond Security services                                           25
              Eligibility                                                         25
              Email Virus Filter                                                  26
              Limitations - Email Virus Filter                                    27
              Email Spam Filter                                                   27
              Limitations - Email Spam Filter                                     28
              Personal Firewall                                                   28
              Limitations - Personal Firewall                                     28
              Desktop Anti-Virus                                                  29
              Limitations - Desktop Antivirus                                     29
              Content Filter - Parental Controls                                  29
              Limitations - Content Filter - Parental Controls                    29
              Privacy Protection                                                  30
              Limitations - Privacy Protection                                    30
              Anti-Phishing                                                       30
              Limitations - Anti-Phishing                                         30
              Anti-Spyware                                                        30
              Limitations - Anti-Spyware                                          30
              Trial                                                               30
              Minimum termYou may select a 12 month or 24 month plan for your security
              service. The various plans that are available are set out below. 31
              Charges for standalone security service(s) (unavailable for purchase by BigPond
              Internet customers since 30/6/2007                                  34
              Single-User and Family Pack (Multi-User) Licences                   35
              My BigPond Security self-care service                               36
              Your right to cancel your security services                         37
              Our rights to cancel your security service(s)                       37
              Renewal of new security services                                    39
              Our rights to suspend your security service(s)                      39
              Your rights to terminate or suspend                                 40
              Our right to migrate your service                                   40
              Changing these terms                                                40
              Maintenance of the service                                          41
              Our liability to you                                                41
              Your liability to us                                                43
              Information                                                         43
              Transferring your security service(s) or rights under this Section 644
              Right of use                                                        44
              Software licenses                                                   44


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              Warranties                                                45
              Export Restrictions                                       45
              Taxes                                                     46
              General                                                   46
       7      Premium Mail                                              47
              Availability                                              47
              Features of each plan                                     48
              Charges                                                   49
              Additional Storage terms                                  50
              Domain name services                                      50
              Service availability                                      53
              Use of the service                                        53
              Terms regarding use of Microsoft software                 54
              Your obligations                                          57
              Commencement and termination                              57
              Changing these terms                                      58
              Limitation of liability                                   58
              Privacy                                                   60
              Transferring your service                                 60
              Taxes                                                     61
              General terms                                             61
       8      Additional mailboxes                                      61
              General                                                   61
              Limitations of the service                                62
              Charges                                                   62
       9      Domain names                                              62
              Restrictions on domain names                              62
              Limitations of the service                                62
              Domain Name Registration                                  62
              Domain Name Management                                    63
              Charges                                                   63
              Renewal of Domain Name Registration and Management Fees   64
              Warranties                                                64
              Liability                                                 64
              Termination                                               66
              Miscellaneous                                             67
       10     Family Website hosting and Small Business hosting         68
              Availability                                              68
              General                                                   68
              Family website hosting plans                              70
              Small business website hosting plan                       70
              Limitations of the service                                70
              Service and Maintenance                                   70
              Charges                                                   71
              Charges for family website hosting                        72


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              Charges for small business website hosting                 73
              Warranties                                                 74
              Liability                                                  74
              Term, Suspension and Termination                           76
              Additional terms                                           78
              General                                                    78
              Changes to these terms                                     78
       11     Premium Website Hosting and add ons                         79
              General                                                     79
              Limitations of the service                                  81
              Premium website hosting plans                               81
              Charges for premium hosting                                 81
              Other charges                                               86
              Add ons                                                     86
              Website builder add on                                      86
              Business mail add-ons                                       87
              Web forum add on                                            88
              Microsoft windows streaming media - on demand streaming add-on89
              Additional mailing lists add on                             90
              Additional security tokens                                  90
              Additional data sources add-on                              91
              Macromedia coldfusion mx add-on                             91
              SQL database add-on                                         92
              SQL Lite add-on                                             95
              Domain specific SSL keys add-on                             95
              Domain Name Management service                              96
              Service and Maintenance                                     98
              Warranties and Indemnity                                    99
              Liability                                                  100
              Term, Suspension and Termination                           101
              Additional terms                                           102
              General                                                    102
       12     Online Storage                                            104
              Your obligations                                          105
              Plan Terms                                                105
              Availability                                              106
              Charges                                                   106
              Intellectual property                                     107
              Service availability                                      108
              Use of the service                                        109
              Cancellation and termination                              109
              Commencement and termination of these terms               110
              Changing these terms                                      110
              Maintenance                                               111
              Limitation of liability                                   111
              Privacy                                                   113


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              Transferring your service or this these terms        113
              Taxes                                                113
              General terms                                        114
       13     BigBlog                                              114
              Your obligations                                     114
              Availability                                         115
              Use of your logon name                               115
              Archives                                             115
              Software terms                                       116
              Permitted use                                        117
              Data restrictions                                    117
              Intellectual property                                119
              Eligibility                                          120
              Charges                                              120
              Suspension and termination                           120
              Changing these terms                                 120
              Maintenance of the service                           121
              Liability                                            121
              Warranty                                             122
              Indemnity                                            123
              Privacy                                              123
              Transferring your service                            123
              General terms                                        124
       14     BigPond Photos                                       124
              Your obligations                                     124
              Service Description                                  127
              Limitations of the service                           127
              Charges                                              127
              Suspension and termination                           127
              Changing these terms                                 128
              Maintenance of the service                           129
              Limitation of liability                              129
              Warranty                                             130
              Privacy                                              130
              Transferring your service                            130
              General terms                                        130
       15     Static IP for ADSL                                   131
              Charges                                              131
              Eligibility                                          132
              IP Address Licence                                   132
              Help Desk                                            133
              Liability                                            133
              Information                                          135
              Suspension and termination                           136
              Transferring the service or IP Address               137
              Changing these terms                                 138


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              Other general terms                                    138
       16     BigPond Office and BigPond Office DocBoss              139
              BigPond Office                                         139
              BigPond Office DocBoss                                 140
              Suspension and termination                             140
              Your obligations                                       141
              Limitations of the service                             144
              Charges and billing                                    144
              Changing these terms                                   145
              Transferring your service or right under these terms   145
              Maintenance and monitoring of the service              145
              Our liability to you                                   146
              Your liability to us                                   148
              Warranty                                               148
              Privacy                                                148
              Taxes                                                  149
              General terms                                          150
       17     BigPond WebHosting                                     150
              What is BigPond WebHosting?                            150
              Availability                                           151
              Minimum Term and auto-renewal                          152
              Domain Name Registration                               152
              Website Builder Easy Software                          154
              Charges                                                156
              Early Termination charges                              158
              Taxes                                                  159
              Service and Maintenance                                159
              Warranties                                             160
              Liability                                              160
              Term, Suspension and Termination                       162
              Domain name and termination                            164
              Registry key charge                                    165
              Additional terms                                       165
              Changes to these terms                                 166
              Miscellaneous                                          167




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Certain words are used with the specific meanings set out in this Part of Our Customer
Terms.

1      About this Part
             1.1    This is part of the BigPond service section of Our Customer Terms.

             1.2    Provisions in other parts of the BigPond service section may apply.

             1.3    Unless specifically stated otherwise, Part A - General Terms for BigPond
                    services does not apply to the BigPond additional services set out in this Part
                    G. If other parts of the BigPond service section are inconsistent with
                    something in this section, then this section applies instead of the other part,
                    to the extent of any inconsistency.

             1.4    Part G - BigPond additional services is divided into separate sections.
                    General conditions which apply to your BigPond additional service are set
                    out in Section 2. Specific terms which apply to your BigPond additional
                    service are set out in the later sections of this Part.

             1.5    In this BigPond service section of Our Customer Terms:

       (a)     “you” and “your” mean the customer (including a group administrator and a
               group member where applicable); and

       (b)     “we”, “us” and “our” means Telstra Corporation Limited (ABN 33 051 775 556)
               and employees; as well as its agents, sub-agents and their respective employees.

2      General conditions for BigPond additional services
       Credit card payments

             2.1    If your bill is paid by credit card, we can charge you a payment processing
                    fee. Refer to your bill for the amount of the fee.

       Late or dishonoured payments

             2.2    If you do not pay a bill by its due date, we can charge you an administrative
                    fee of:

       (a)     $5.00 if the amount outstanding on your bill after the due date is $65.00 or more
               but less than $130.00;




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       (b)      $11.00 if the amount outstanding on your bill is $130.00 or more but less than
                $200.00; or

       (c)      $15.00 if the amount outstanding on your bill is $200.00 or more.

       No administrative fee is charged if the amount outstanding on your bill after the due date
       is less than $65.

             2.3      We can also suspend or cancel your service provided we comply with our
                      rights to cancel or suspend your service set out in this section.

             2.4      If you pay a bill by cheque and the cheque is dishonoured, you must also pay
                      us a fee of $15.00. If you pay a bill by direct debit and there are insufficient
                      funds in the account, you must also pay us a fee of $10.00. These fees do not
                      attract GST.

       Adjustments

             2.5      We can pay you amounts we owe you by deducting them from amounts you
                      owe us.

             2.6      If we require you to pay any charges in advance (eg, monthly access fees)
                      and they are varied or the service is cancelled, we can refund you any
                      overpayment and you have to pay us any underpayment.

       Material breach

             2.7      In addition to any other circumstances described in these terms, you will be
                      in material breach of Our Customer Terms if you use your service in a way
                      which we reasonably believe is fraudulent, poses an unacceptable risk to our
                      security or network capability or is illegal or likely to be found illegal.

       Using your service this way is also a breach that cannot be remedied.

       Our additional rights to cancel your service

             2.8      We can also cancel, suspend or restrict your service in the event of death by
                      giving your authorised representatives (if any) as much warning as we
                      reasonably can. We will not charge you any applicable cancellation fee if we
                      cancel your service for this reason.

             2.9      As well as any other rights outlined in these terms, we can also cancel,
                      suspend or restrict your service by telling you with as much warning as we
                      reasonably can if:



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       (a)     you become bankrupt or insolvent or appear likely to do so; or

       (b)     we reasonably consider that you pose an unacceptably high credit risk to us.

               We consider that you pose an unacceptably high credit risk to us when there is some doubt as
               to your ability to pay by the due date based on factors such as:

                       previous payment history and payment behaviour (eg late payments, dishonoured
                        payments or failure to pay);

                       any previous advice from you about a potential inability or unwillingness to pay;

                       your usage is inconsistently high when compared with previous usage patterns;

                       your response where we have told you of this unusually high usage; or

                       pending bankruptcy or insolvency.

             2.10    If we terminate your service under clause 2.9 during your minimum term,
                     you must pay us the cancellation fee set out in the charges section for your
                     service.

       Refund of prepayments

             2.11    Unless expressly stated otherwise in these terms, if you cancel your service
                     under these terms, we will refund to you any unused portion of your monthly
                     access fee and any other amount you have prepaid. However, we can deduct
                     from your refund any amounts that you owe to us, such as charges you
                     incurred before the cancellation or any applicable early termination fee.

       Security

             2.12    At any time, we can require you to provide some form of security (eg, a
                     security deposit, a charge or bank guarantee) or pay some or all of the
                     charges for your service in advance. We will only do so if we have
                     reasonable concerns about your credit worthiness or have reasonable grounds
                     for believing that we may not be paid for the service. In the case of new
                     services, we can refuse to provide you the services until we receive the
                     security. In the case of existing services, if you do not provide the security
                     within 14 days of our request, we can restrict, suspend or cancel the service –
                     this is in addition to any other rights that we may have.

             2.13    If you cancel all your services, we will return the security deposit or advance
                     payment to you less any outstanding charges within a reasonable time.




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             2.14     Our acceptance of any form of security or advance payment does not affect
                      any other terms of Our Customer Terms.

       Unauthorised Use

             2.15     You are responsible for and have to pay for any use of your service, whether
                      you authorise it or not. We recommend you consider taking measures to
                      protect yourself from unauthorised use of your service. If you have a ADSL,
                      Cable or Satellite service:

       (a)     if you do not disconnect your service when you leave your premises, you have to
               pay for any use of the service by later occupants or others; and

       (b)     any person who uses your service, or allows someone else to use it, after you have
               vacated your premises, is jointly and individually liable with you for any charges
               relating to that use.

3      Dial-up for broadband
       Availability

             3.1      To access our dial-up for broadband service, you must have:

       (a)     an active BigPond broadband cable or ADSL password and username; and

       (b)     an Australian Communications and Media Authority approved PSTN/ ISDN
               modem.

             3.2      The service is not available if you are a Telstra wholesale customer or an end
                      user of a Telstra wholesale customer.

       Charges

             3.3      We charge you the following charges for the dial-up for broadband service.

                                           Rate per hour



        Dial up for broadband                   $4.95 per hour
                                                 plus local call
                                                           cost



       Dial-Up for Broadband is available on PSTN (up to 56k) and is also available on ISDN (up to
       64Kbits/sec)


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4      Wireless hotspots
       Service description

            4.1       The BigPond wireless hotspot service allows you to access your BigPond
                      internet service at Telstra wireless hotspots.

            4.2       You can view the location of our wireless hotspots at
                      http://www.telstra.com.au/wirelesshotspots/locations.htm. We may amend
                      the list of wireless hotspot locations (including by removing a location from
                      the list) at any time.

       Availability

            4.3       To connect to our wireless hotspot service, you must:

          a) be a post-paid BigPond internet service customer and be the owner of the related
             BigPond internet service;

          b) have a laptop or PDA accessible by Wi-Fi including laptops with Intel Centrino;
             and

                   Wi-Fi means IEEE 802.11b or 802.11g, a wireless transmission standard

          c) be located at a Telstra Wireless Hotspot.

            4.4       The service is not available if you are a Telstra wholesale customer or an end
                      user of a Telstra wholesale customer.

       Group user plans and business executive LAN plans

            4.5       If you are a customer of a BigPond business dial-up group user plan service
                      or a BigPond business executive LAN plan service, references in this section
                      to your "use" includes use by both you and all of your users within the
                      relevant plan.

       Limitations of the service

            4.6       We will use reasonable care and skill in providing the service. There are
                      also other warranties in consumer protection laws (such as the Trade
                      Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                      cannot be excluded which may apply to goods or services we supply to
                      consumers, including that services be reasonably fit for their purpose.




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                    However, due to the nature of the service, we do not promise that the service
                    will be continuous, fault-free or accessible at all times.

             4.7    The speed of your service connection will vary from location to location, and
                    may be affected by internet congestion and radio interference.

       Security

             4.8    You must make yourself aware of the security issues associated with 802.11
                    networks before using the service and take steps to secure your data and
                    access to your systems, including by encrypting your data before sending it.

       Your obligations

             4.9    You must:

       (a)     pay all fees and charges associated with your use of the service;

       (b)     promptly tell us if you believe or suspect that the service has been compromised
               or is being used in a manner that breaches these terms; and

       (c)     regularly check your default email address allocated by us for messages about
               your service (or, if you have arranged for emails sent to your default email address
               to be forwarded to an alternate email address, you must check that alternate email
               address).

       Use of the service

             4.10   We may automatically disconnect you if you are connected to the service for
                    more than 120 minutes continuously. We are unable to warn you before this
                    happens. You should save your work regularly.

             4.11   You will not be able to use Microsoft Outlook Express to access your email
                    when using the service.

             4.12   You must comply with the acceptable use policy set out here in Part A -
                    General Terms for BigPond services of the BigPond service section of Our
                    Customer Terms when using the service. If you are a customer of a BigPond
                    Business Dial-Up Group User plan service or a BigPond Business Executive
                    LAN plan service, you must also ensure that all of your users comply with
                    the acceptable use policy that applies to your BigPond Internet service.

             4.13   You will not be able to change your username and password when using the
                    service.



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             4.14     You must not resell your service (or any part of it), or permit anyone to use
                      your membership identification (or username) and password to use your
                      service. You are responsible for all aspects of use of your service by all
                      people using your membership identification (or username) and password
                      unless you are not reasonably able to prevent such use.

       Charges

             4.15     You must pay the charges set out below by the date specified on your bill.

             4.16     Any monthly or annual fees may be payable in advance and we may issue
                      your first invoice immediately upon your commencement of the service. If
                      your service is terminated for any reason, we may issue a final invoice as
                      soon as your service has been terminated.

             4.17     Without limiting our rights under clauses 2.2 or 2.9 of this Part, if any
                      amount is unpaid after the due date for payment specified on any invoice, we
                      may do any or all of the following:

       (a)      if the amount remains outstanding for 30 days after the due date, terminate your
                service; and

       (b)      if the amount remains outstanding for 60 days and we have reasonable grounds for
                believing you represent a credit risk, terminate any other services that we supply
                you.

             4.18     We charge you the following for the BigPond wireless hotspot service.

        Charges                                                            Price

        Connection fee (including first 15 minutes of use)                                  $5.00

        Charge per minute (after first 15 minutes of use)                             20¢/minute



       Suspension and termination

             4.19     You may subscribe or terminate the service at any time.

             4.20     We may terminate one or more service under these terms:

       (a)      immediately, if we reasonably suspect that you have materially breached these
                terms in a way that cannot be remedied;



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       (b)     if we reasonably suspect you have materially breached these terms in a way that
               can be remedied, but you do not remedy the breach within 14 days of us telling
               you to do so; or

       (c)     at any time effective at the end of your monthly billing cycle, by giving you at
               least 30 days' prior notice in writing.

             4.21   If your BigPond Internet service to which this service relates is suspended,
                    disconnected or terminated, then the service may also be suspended,
                    disconnected or terminated.

             4.22   If the service is suspended, disconnected or terminated, the liability of each
                    party (if any) is set out in clauses 4.29 to 4.40 inclusive.

       Changing these terms

             4.23   Except as set out in clause 4.24, we can change these terms (including the
                    charges) at any time without notice.

             4.24   If we consider that a change would cause you detriment, we will tell you of
                    the change by email, post or facsimile at least 30 days before the change will
                    take effect.

             4.25   If you do not tell us that you wish to terminate the service within 42 days
                    after receiving notice of a change under clause 4.24 and you pay the charges
                    for the service provided to you after our notice, the change will apply to you.
                    If you choose to cancel your service under this clause, we will refund you
                    any unused portion of your monthly charges.

             4.26   When we tell you about changes to Our Customer Terms under clause 4.24,
                    unless specified otherwise in the clause, we can do so by bill message, bill
                    insert, direct mail or email (if you have an email address and have agreed for
                    us to tell you about changes to Our Customer Terms by email). In addition
                    to this notice, we may also publish a notice in a national newspaper.

       Maintenance of the service

             4.27   If you experience a problem with your service, you should notify our
                    Customer Service Centre on the number set out on the BigPond website.

             4.28   We will use all reasonable efforts as soon as possible to rectify any problem
                    notified to us.




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       Our liability to you

             4.29   The terms that apply to you and us are expressly set out in these terms and
                    those implied by laws that cannot be excluded by us. Other representations
                    or statements we make to you, whether in person, over the phone or in
                    advertising or other materials you received, are not part of these terms.
                    However, you may have other legal rights in relation to those
                    representations.

             4.30   Clauses 4.31, 4.32, 4.33 apply to you only if you are a Residential Customer.

             4.31   We accept our liability to you if we breach Our Customer Terms or act
                    negligently under the principles applied by the courts, except as set out in
                    clauses 4.32 and 4.33.

             4.32   As you have taken up the service predominately for personal, domestic or
                    household use, we do not accept liability for any business related losses that
                    result from the use of the service. However, we will accept that liability if it
                    cannot be excluded under any legislation.

             4.33   We are not liable for any loss to the extent that it is caused by you, for
                    example, through your negligence or breach of Our Customer Terms.

             4.34   Clauses 4.35, 4.36, 4.37, 4.38 and 4.39 apply to you only if you are a
                    Business Customer.

             4.35   Given the nature of telecommunications systems (including the service's
                    reliance on systems not owned or controlled by us) we cannot promise that
                    the service will be continuous or fault free. Accordingly, we limit our
                    liability to you for losses resulting from any interruption or delay to your
                    service to an amount equal to the service charges billed for the affected
                    service for the period of the interruption or delay.

             4.36   Subject to clause 4.39, we accept liability arising from our breach of contract
                    or negligence:

       (a)     for any personal injury or death to you, your employees, agents and contractors in
               relation to the supply of the service;

       (b)     for any damage to your real or tangible property resulting from the supply of the
               service, but we limit our liability to our choice of repairing or replacing the
               property or paying the cost of repairing or replacing it; and




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       (c)      unless clause 4.35 applies, for any other cost or expense you reasonably incur that
                is a direct result of, and flows naturally from, such breach or negligence (but
                excludes loss of profits, likely savings and data), but we limit our liability for all
                such claims in aggregate to the total amount payable to us under these terms in
                respect of the first year of the term of your service.

             4.37     Other than for the liability we accept under this clause 4, we exclude all
                      other liability whether to you or a third party for breach of contract,
                      negligence or breach of any other law. For any liability which cannot
                      lawfully be excluded as it is under this clause 4, our liability is limited to
                      resupplying or paying the cost of resupplying services and repairing,
                      replacing or paying the cost of repairing or replacing goods.

             4.38     Notwithstanding anything else in this clause 4, our liability will be reduced
                      to the extent the loss or damage is caused by you, your employees, agents or
                      contractors.

             4.39     We will not be responsible for any loss or damage arising from
                      circumstances outside our reasonable control.

       For the purposes of this clause:

       Business Customer means a customer who is not a Residential Customer.

       Loss means loss or damage of any kind, however caused, whether in contract, tort (including
       negligence), under any statute or otherwise arising from or related in any way to these terms or its
       subject matter.

       Residential Customer means a customer who takes up the service predominantly to use for personal,
       household or domestic use or consumption.

       Your liability to us

             4.40     You are liable to us if you breach these terms or act negligently under the
                      principles applied by the courts. However, you are not liable for any loss we
                      suffer to the extent that it is caused by us, for example, through our
                      negligence or breach of these terms.

       Privacy

             4.41     We collect, use and disclose personal information as set out in our
                      “Protecting Your Privacy” Statement. The current version of our Privacy
                      Statement is available at
                      http://www.telstra.com.au/privacy/privacy_statement.html.




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             4.42    For the purposes of this clause, "you" and "your" refers to you and your
                     People (if applicable).
       For the purpose of this clause, People means employees, agents, sub-agents and their respective
       employees.

       Transferring your service

             4.43    You may not transfer your rights and obligations in respect of any service or
                     under these terms without our prior consent (which we will not unreasonably
                     withhold).

             4.44    We may transfer or novate any of our rights or obligations under these terms
                     to a reputable, credit worthy third party who agrees to be bound by our
                     obligations under these terms. If we do so, we will try to tell you beforehand
                     (otherwise we will tell you within 30 days after the transfer).

       Taxes

             4.45    The charges in the charges table above may not include all taxes. You must
                     pay us on request any stamp and other duties, fees, taxes (including GST)
                     and charges payable on:

       (a)     these terms; and

       (b)     any payment, receipt or other transaction arising out of these terms.

             4.46    GST may be imposed on a supply we make to you under these terms. Unless
                     the consideration payable for the supply is expressed to include GST, you
                     must pay on our demand an additional amount to cover the GST. We will
                     issue a Tax Invoice to you for any supply on which GST is imposed.

       In this clause, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System (Goods
       and Services Tax) Act 1999 (Cth).
       General terms
             4.47    We are not to be taken to waive any of our rights under these terms merely
                     because we do not exercise them or delay in exercising them.

             4.48    These terms are governed by the laws of the State or Territory in Australia in
                     which you reside. Nothing in these terms, or any actions we take under these
                     terms constitute a submission by us to any foreign jurisdiction.

             4.49    Clauses 4.16, 4.29-4.40 and 4.45 to 4.50 survive termination of your service
                     (regardless of any other clauses that may survive termination).


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            4.50      If we need to tell you about any matter relating to these terms, we may use
                      email to your default email address allocated by us, or post or fax.

5      Global Roaming
       What is the global roaming service?

            5.1       The global roaming service gives you internet and email access via your
                      BigPond account overseas.

       You can view a list of the countries where the service will be available at
       http://bigpond.custhelp.com/cgi-
       bin/bigpond.cfg/php/enduser/std_adp.php?p_page=1?&p_faqid=5603&display=content#WWA.

            5.2       The service uses software licensed to you by another company, iPass Inc.
                      ("iPass"). You will be granted a licence for the software when you accept
                      the licence terms as shown to you before you install the software. Your use
                      of the software is governed by the licence. iPass owns all rights, title and
                      interest in the software.

       Availability

            5.3       The service is available only if you are a current BigPond internet service
                      customer.

            5.4       In order to take up the service, your system must satisfy the minimum system
                      requirements.

              The system requirements needed to support the service can be located here

            5.5       The service is not available if you are a Telstra wholesale customer or an end
                      user of a Telstra wholesale customer.

       Limitations of the service

            5.6       We will use reasonable care and skill in providing the service to you. There
                      are also other warranties in consumer protection laws (such as the Trade
                      Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                      cannot be excluded which may apply to goods or services we supply to
                      consumers, including that services be reasonably fit for their purpose given.
                      However, due to the nature of the service, we do not promise that the service
                      will be continuous, fault-free or accessible at all times.




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       Your obligations

             5.7    You must:

       (a)     be the same person as the customer of the BigPond Internet service to which these
               services relate;

       (b)     pay all fees and charges associated with your use of the service;

       (c)     promptly tell us if you believe or suspect that the service has been compromised
               or is being used in a manner that breaches these terms; and

       (d)     regularly check your default email address allocated by us for messages about
               your service (or, if you have arranged for emails sent to your default email address
               to be forwarded to an alternate email address, you must check that alternate email
               address).

       Charges

             5.8    You must pay the charges set out below for your service by the date
                    specified on your bill.

             5.9    Due to the nature of roaming, charges may take some time to appear on your
                    bill. We will do our best to bill you for charges within 90 days of you using
                    the service. Where that does not happen, bills may include charges from
                    previous billing periods as long as we comply with the section 6 (Billing) of
                    the Communications Alliance Industry Code - Telecommunications
                    Consumer Protections Code (C628).

             5.10   If your service or the BigPond Internet service to which these services relate
                    is terminated for any reason, we may issue a final invoice as soon as your
                    service is terminated.

             5.11   Without limiting our rights under clauses 2.2 or 2.9 of this Part, if any
                    amount is unpaid after the due date for payment specified on any invoice, we
                    may do any or all of the following:

       (a)     if the amount remains outstanding for 30 days after the due date, terminate your
               service; and

       (b)     if the amount remains outstanding for 60 days and there are reasonable grounds
               for believing you represent a credit risk, terminate any other services which we
               supply you.




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             5.12     We charge you the following for your BigPond global roaming service.

                 Location                                          Rate per hour

                 Australia                                                      $8.80

                 Overseas                                                       $8.00
               Local calls charges apply separately.

       Additional services and termination

             5.13     You may subscribe to additional services or cancel the service under this
                      these terms at any time. However, any cancellation will not become effective
                      until the first day of your next monthly billing cycle for the services
                      terminated. If you have been migrated to BigPond's new environment,
                      termination will take effect immediately after we receive and process your
                      cancellation request.

       To remove or modify existing Additional Services go to My Additional Services.

             5.14     We may terminate your service if:

       (a)      you are in serious breach of the Our Customer Terms; and

               You will be in serious breach if you breach your obligation to pay our charges for the
               service or breach the acceptable use policy. (if applicable).

               You will also be in serious breach if you use your service in a way which we reasonably
               believe is fraudulent. Using your service this way is also a breach that cannot be
               remedied.

       (b)      we have written to you about your breach and you do not remedy it within 30 days
                (if the breach can be remedied). If the breach is something which cannot be
                remedied, we may immediately terminate the service by telling you.

               Breaches that cannot be remedied are: engaging in conduct that breaches the acceptable use
               policy.

             5.15     If we terminate the service for any reason, you must still pay us for any
                      charges incurred before the cancellation.

             5.16     We may also terminate the service at any time with effect at the end of your
                      monthly billing cycle, by giving you 30 days, prior written notice.




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            5.17    If your BigPond internet service to which these services relate is suspended,
                    disconnected or terminated, then the service provided under these terms may
                    also be suspended, disconnected or terminated.

            5.18    If this service is suspended, disconnected or terminated, the liability of each
                    party (if any) is set out in clauses 5.25 to 5.36 inclusive.

       Changing these terms

            5.19    Except as set out in clause 5.20, we can change these terms (including the
                    charges) at any time without notice.

            5.20    If we consider that a change would cause you detriment, we will notify you
                    of the change by email, post or facsimile at least 30 days before the change
                    will take effect.

            5.21    If you do not notify us that you wish to terminate the service within 14 days
                    after receiving notice of a change under clause 5.20 and you pay the charges
                    for the service provided to you after our notice, the change will apply to you.
                    If you choose to cancel your service under this clause, we will refund you
                    any unused portion of your monthly charges.

            5.22    When we tell you about changes to Our Customer Terms under clause 5.19,
                    unless specified otherwise in the clause, we can do so by bill message, bill
                    insert, direct mail or email (if you have an email address and have agreed for
                    us to tell you about changes to Our Customer Terms by email). In addition
                    to this notice, we may also publish a notice in a national newspaper.

       Maintenance of the service

            5.23    If you experience a problem with your service, you should notify our
                    Customer Service Centre on the number set out on the BigPond website.

            5.24    We will use all reasonable efforts as soon as possible to rectify any problem
                    notified to us.

       Our liability to you

            5.25    The terms that apply to you and us are expressly set out in these terms and
                    those implied by laws that cannot be excluded by us. Other representations
                    or statements we make to you, whether in person, over the phone or in
                    advertising or other materials you received, are not part of these terms.
                    However, you may have other legal rights in relation to those
                    representations.


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             5.26   Clauses 5.27, 5.28 and 5.29 apply to you only if you are a Residential
                    Customer.

             5.27   We accept our liability to you if we breach these terms or act negligently
                    under the principles applied by the courts, except as set out in clauses 5.28
                    and 5.29..

             5.28   As you have taken up the service predominately for personal, domestic or
                    household use, we do not accept liability for any business related losses that
                    result from the use of the service. However, we will accept that liability if it
                    cannot be excluded under any legislation.

             5.29   We are not liable for any loss to the extent that it is caused by you, for
                    example, through your negligence or breach of these terms.

             5.30   Clauses 5.31, 5.32, 5.33, 5.34 and 5.35 apply to you only if you are a
                    Business Customer.

             5.31   Given the nature of telecommunications systems (including the service's
                    reliance on systems not owned or controlled by us) we cannot promise that
                    the service will be continuous or fault free. Accordingly, we limit our
                    liability to you for losses resulting from any interruption or delay to your
                    service to an amount equal to the service charges billed for the affected
                    service for the period of the interruption or delay.

             5.32   Subject to clause 5.34, we accept liability arising from our breach of contract
                    or negligence:

       (a)     for any personal injury or death to you, your employees, agents and contractors in
               relation to the supply of the service;


       (b)     for any damage to your real or tangible property resulting from the supply of the
               service, but we limit our liability to our choice of repairing or replacing the
               property or paying the cost of repairing or replacing it; and


       (c)     unless clause 5.31 applies, for any other cost or expense you reasonably incur that
               is a direct result of, and flows naturally from, such breach or negligence (but
               excludes loss of profits, likely savings and data), but we limit our liability for all
               such claims in aggregate to the total amount payable to us under these terms. in
               respect of the first year of your service.




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             5.33     Other than for the liability we accept under this clause 5, we exclude all
                      other liability whether to you or a third party for breach of contract,
                      negligence or breach of any other law. For any liability which cannot
                      lawfully be excluded as it is under this clause 5, our liability is limited to
                      resupplying or paying the cost of resupplying services and repairing,
                      replacing or paying the cost of repairing or replacing goods.

             5.34     Notwithstanding anything else in this clause 5, our liability will be reduced
                      to the extent the loss or damage is caused by you, your employees, agents or
                      contractors.

             5.35     We will not be responsible for any loss or damage arising from
                      circumstances outside our reasonable control.

       For the purposes of this clause:

       Business Customer means a customer who is not a Residential Customer.

       Loss means loss or damage of any kind, however caused, whether in contract, tort (including
       negligence), under any statute or otherwise arising from or related in any way to these terms or its
       subject matter.

       Residential Customer means a customer who takes up the service predominantly to use for personal,
       household or domestic use or consumption.

       Your liability to us

             5.36     You are liable to us if you breach these terms or act negligently under the
                      principles applied by the courts. However, you are not liable for any loss we
                      suffer to the extent that it is caused by us, for example, through our
                      negligence or breach of these terms.

       Privacy

             5.37     We collect, use and disclose personal information as set out in our
                      “Protecting Your Privacy” Statement. The current version of our Privacy
                      Statement is available at
                      http://www.telstra.com.au/privacy/privacy_statement.html.

             5.38     For the purposes of clause 5.37, "you" and "your" refers to you and your
                      People (if applicable).

       For the purpose of this clause, People means employees, agents, sub-agents and their respective
       employees.




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       Transferring your service or these terms

             5.39    You may not transfer your rights and obligations in respect of any Service or
                     under these terms without our prior consent (which we will not unreasonably
                     withhold).

             5.40    We may transfer or novate any of our rights or obligations under these terms
                     to a reputable, credit worthy third party who agrees to be bound by our
                     obligations under these terms. If we do so, we will try to notify you
                     beforehand (otherwise we will tell you within 30 days after the transfer).

       Taxes

             5.41    The charges set out above may not include all taxes. You must pay us on
                     request any stamp and other duties, fees, taxes (including GST) and charges
                     payable on:

       (a)     these terms; and

       (b)     any payment, receipt or other transaction arising out of these terms.

             5.42    GST may be imposed on a supply we make to you under these terms. Unless
                     the consideration payable for the supply is expressed to include GST, you
                     must pay on our demand an additional amount to cover the GST. We will
                     issue a Tax Invoice to you for any supply on which GST is imposed.

       In this clause, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System (Goods
       and Services Tax) Act 1999 (Cth).

       General terms

             5.43    We are not to be taken to waive any of our rights under these terms merely
                     because we do not exercise them or delay in exercising them.

             5.44    These terms are governed by the laws of the State or Territory in Australia in
                     which you reside. Nothing in these terms, or any actions we take under these
                     terms constitute a submission by us to any foreign jurisdiction.

             5.45    Clauses 5.25 to 5.38and clauses 5.41 to 5.46 survive termination of these
                     terms (regardless of any other clauses that may survive termination).

             5.46    If we need to notify you of any matters relating to these terms, we can use
                     email to your default email address allocated by us, or post or fax.




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6      BigPond Security services
       6.1   Your security services consist of the following:

     (a)     Email Virus Filter;

     (b)     Email Spam Filter;

     (c)     Personal Firewall;

     (d)     Desktop Anti-Virus;

     (e)     Content Filter - Parental Controls;

     (f)     Privacy Protection;

     (g)     Anti-Phishing; and

     (h)     Anti-Spyware.

             Each security service is described in more detail in this Section 6. The above
             services are sometimes collectively referred to as BigPond Security.

       6.2    New customers can no longer purchase the security services separately as standalone
             services. However, if you have previously purchased Email Virus Filter and/or
             Email Spam Filter on a standalone basis, you may continue to receive those
             service(s) in accordance with this Section 6.

       Eligibility

       6.3   The security services are available to:

       (a)     current BigPond Broadband customers; and

       (b)     non-BigPond Broadband customers who purchase:

               a) an eligible notebook with an embedded Telstra Mobile Broadband service; or

               b) a Telstra Prepaid Mobile Broadband service,

               from a Telstra Retail Store.

               We may cancel your security services if you no longer have your BigPond
               Broadband service or Telstra Mobile Broadband service (as applicable).



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       6.4    The security services are not available if you are a Telstra wholesale customer or an
             end user of a Telstra wholesale customer.

       6.5    We will provide you with the security service(s) and will use reasonable care and
             skill in doing so. You must:

     (a)     ensure your PC(s) meets the requirements set out on our website at
             http://www.bigpond.com/internet/security

     (b)     ensure that your PC(s) and software on your PC(s) are compatible with your
             applicable security service(s);

     (c)     not use, attempt to use or allow others to use your security service(s) in a way that,
             in our reasonable opinion, significantly interferes with other BigPond Internet
             customers' use or enjoyment of the security or other services or interferes with our
             efficient or proper operation of the security services;

     (d)     pay all fees and charges associated with your use of the applicable security
             service(s);

     (e)     make sure you keep your account information and password secure; and

     (f)     regularly check the default email address that we have allocated to you for messages
             about your security service(s).

       6.6    The software is set to automatically update as updates and enhancements becomes
             available. If you turn this off, you will need to manually update the software or the
             software may become less effective and provide less protection than software which
             has been updated.

       6.7    We will use reasonable care and skill in providing the security services. However,
             given the nature of telecommunications systems (including the security services’
             reliance on systems and services not owned or controlled by us), we cannot promise
             that the security services will be continuous, accessible at all times or fault-free.

       Email Virus Filter

       6.8    Email Virus Filter provides virus protection for your BigPond email account by
             filtering emails to check for most known viruses, Trojans and worms and to stop
             them reaching your BigPond mailboxes. The following may not be checked:

       (a)   emails greater than 10 Megabytes;

       (b)   zipped files in emails; and


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       (c)   encrypted emails.

       6.9    If Email Virus Filter suspects an email contains a virus, Trojan or worm, an email
             will be sent to your BigPond email address, identifying the sender and subject of the
             suspicious email.

       6.10 You will not receive the suspicious email, and will need to contact the sender if you
            want the suspicious email to be re-sent.

       6.11 We will try to provide Email Virus Filter as soon as you have successfully
            completed the purchase process for your security services.

       6.12 If you have more than one BigPond email account, Email Virus Filter will only
            apply to the account or accounts which you have nominated to receive Email Virus
            Filter either at the time of purchase or later via your My BigPond Security self-care
            service. Email Virus Filter will not check any emails sent to your other email
            accounts (if any).

       Limitations - Email Virus Filter

       6.13 Email Virus Filter cannot guarantee that:

     (a)     all viruses, Trojans, worms or other devices will be detected; and

     (b)     your email system will be completely protected.

       6.14 Email Virus Filter may:

     (a)     prevent some emails which are not infected with viruses, Trojans and worms from
             reaching you; and

     (b)     cause a minor delay in delivery of emails to your BigPond mailbox.

       6.15 Email Virus Filter does not check your outgoing emails.

       Email Spam Filter

       6.16 Email Spam Filter identifies and prevents suspected spam from suspected senders of
            unsolicited email from reaching your nominated BigPond mailbox(es).

       6.17 Suspected spam will be filtered from your inbox(es) into a separate "spam folder"
            that you can access via BigPond Webmail. You will be able to move any such email
            to your inbox however any email which is in the "spam folder" for more than 7 days
            will be automatically deleted.



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       6.18 Email stored in your spam folder will count towards your mail storage.

       6.19 We will try to provide Email Spam Filter as soon as you have successfully
            completed the purchase process for your security services.

       6.20 If you have more than one BigPond email account, Email Spam Filter will only
            apply to the account or accounts which you have nominated to receive the service
            either at the time of purchase or later via your My BigPond Security self-care
            service. Email Spam Filter will not filter emails sent to your other email accounts (if
            any).

       Limitations - Email Spam Filter

       6.21 Email Spam Filter cannot guarantee that:

       (a)   all spam will be prevented from reaching your inbox; nor

       (b)   all non-spam email will go through the spam filter to your inbox.

       6.22 Email Spam Filter may cause a minor delay in delivery of emails to your BigPond
            mailbox.

       Personal Firewall

       6.23 Personal Firewall provides firewall software for downloading onto your PC(s).

       6.24 Personal Firewall has the following features:

       (a)   it helps to defend your PC(s) against potential hacker probes and attacks;

       (b)   it monitors Internet and network activity;

       (c)   it alerts you to potentially hostile events on your PC(s); and

       (d)   it provides information on suspicious Internet traffic.

       Limitations - Personal Firewall

         6.25 Personal Firewall cannot guarantee that your PC(s) will be kept free from all
              intrusions, hacking, spyware, pop-ups offensive material or other unauthorised
              activity.




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       Desktop Anti-Virus

       6.26 Desktop Anti-Virus provides virus scanning software, for downloading onto your
            PC(s).

       6.27 Desktop Anti-Virus provides virus protection for your PC(s) by scanning files, disk
            storage and email and instant message attachments for viruses, Trojans and worms
            recognised by Desktop Anti-Virus to stop them adversely affecting your PC(s).
            Desktop Anti-Virus also scans other types of files "on-demand".

       6.28 Desktop Anti-Virus has the following features:

       (a)   it automatically checks for virus and software updates;

       (b)   it automatically attempts to clean detected virus - infected files when a malicious
             threat is detected; and

       (c)   it silently updates virus definitions.

       Limitations - Desktop Antivirus

       6.29 Desktop Anti-Virus cannot guarantee that all viruses, Trojans, worms or other
             devices will be detected, nor that your system will be completely protected.

       Content Filter - Parental Controls

       6.30 Content Filter - Parental Controls provides content filter software, for downloading
            onto your PC(s).

       6.31 Content Filter - Parental Controls has the following features:

       (a)   you can set pre-set filters such as time limits, block known problem sites and filter
             websites for inappropriate language, images and topics depending on a user’s age
             group;

       (b)   you can view web history for each user, and also view the alerts that were generated
             when a user attempted to access a restricted site; and

       (c)   you can limit Internet use to certain times.

       Limitations - Content Filter - Parental Controls

       6.32 Content Filter - Parental Control cannot guarantee that your PC(s) will be kept free
            from all intrusions, hacking, spyware, pop-ups offensive material or other
            unauthorised activity.


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       Privacy Protection

       6.33 Privacy Protection helps reduce pop-up windows.

       Limitations - Privacy Protection

       6.34 Privacy Protection cannot guarantee that your PC(s) will be kept free from all
            intrusions, hacking, spyware, pop-ups offensive material or other unauthorised
            activity.

       Anti-Phishing

       6.35 Anti-Phishing provides anti-phishing software, for downloading onto your PC(s).

       6.36 Subject to the limitations below, Anti-Phishing has the following features.

       (a)     it provides real-time protection from known scam websites trying to steal passwords
               and security information; and

       (b)     it alerts you if you hit a website with suspicious characteristics.

       Limitations - Anti-Phishing

       6.37 Anti-Phishing cannot guarantee that all fraudulent websites will be detected.

       Anti-Spyware

       6.38 Anti-Spyware provides anti-spyware software, for downloading onto your PC(s).

       6.39 Anti-Spyware helps protect against invasive, unauthorised collection of data about
            you and your family members from your PC(s) by automatically monitoring your
            PC(s) for known spyware and suspicious activities.

       Limitations - Anti-Spyware

       6.40 Anti-Spyware, cannot guarantee that your PC(s) will be kept free from all intrusions,
            hacking, spyware, pop-ups offensive material or other unauthorised activity.

       Trial

       6.41 All BigPond Broadband customers who have not previously registered for the
            security services are eligible to participate in a 60 day free trial of the security
            services.




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       6.42 To participate in the trial, you must give us your credit card details and select a
            preferred payment option. We may waive the requirement to provide credit card
            details to participate in the trial in certain circumstances, such as when you are
            eligible to select Telstra Single Bill as your preferred payment option.

       6.43 We will not charge you for the security services during the 60 day trial period.

       6.44 You can cancel the trial at any time during the trial period by using the self help
            pages online at My BigPond or by notifying us.

       6.45 If you do not cancel your participation in the trial before the end of the trial period,
            we will commence charging you for the security services in accordance with this
            Section 6.
       The trial period will commence on the date on which you complete the purchase process for your
       security services.

       Minimum termYou may select a 12 month or 24 month plan for your security
       service. The various plans that are available are set out below.

       6.46 The minimum term for the security services is:

       (a)     if you choose the monthly payment option:

               a) if you choose a 12 month plan: 12 months; or

               b) if you choose a 24 month plan: 24 months; and

       (b)     if you choose the upfront payment option:

               a) if you choose a 12 month plan: 13 months; or

               b) if you choose a 24 month plan: 26 months.

       6.47 The minimum term commences on:

               a) the service commencement date; or

               b) if you are renewing your security services, the later of the date your previous
                  minimum term expires and the date you confirm your renewal.
       service commencement date means the day immediately following the last day of the trial period.

       6.48 You may upgrade from a 12 month plan to a 24 month plan at any time during the
            minimum term, however:



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       (a)     the charges that apply are the charges set out in this Section 6;

       (b)     the term of your original contract will end on the date you upgrade to the 24
               month plan and a new minimum term will commence from the date that you make
               your yearly or monthly payment for the 24 month plan option (in the case of the
               monthly subscription option, your first payment); and

       (c)     if, at the time of upgrade, you are on monthly payment option, you may upgrade
               to the upfront payment option. However, if at the time of upgrade, you are on the
               upfront payment option, you will need to remain on the upfront payment option
               until the end of your new minimum term. This means that if you chose the upfront
               payment option for the 12 month plan option, you will have to make an upfront
               payment for the 24 month plan option which will be equal to the current 24 month
               plan upfront payment cost for your selected licence option, less an amount that is
               calculated in accordance with the following formula:




   Your original 12 month plan subscription fee x number of months remaining in your
                              12 month plan contract term
             Total number of months in your 12 month plan contract term


       6.49 You cannot downgrade from a 24 month plan to a 12 month plan during the
            minimum term.

       6.50 The charges for your security services depend on whether you choose:

       (a)     the 12 month plan or the 24 month plan;

       (b)     the upfront payment option or the monthly payment option; and

       (c)     the single user licence option or the multi-user licence option.

       6.51 The charges for each option are set out below:

             Charges for security services that commenced prior to 30 November 2010:

                     Term of plan         Upfront payment option      Monthly payment option




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Single user licence    12 months        12 month subscription fee     Monthly subscription fee for a 12
option                                  is $99.95, payable in full    month subscription is $9.95
(1 user only)                           when the Trial Period ends    (minimum cost over 12 months is
                                                                      $119.40),payable each month
                                                                      after the Trial Period ends.


Family Pack (Multi-    12 months        12 month subscription fee     Monthly subscription fee for a 12
user) licence option                    is $149.95, payable in full   month subscription is $14.95
                                        at the time of purchase.      (minimum cost over 12 months is
(up to 3 users)
                                                                      $179.40), payable each month
                                                                      after the Trial Period ends.



        All prices are GST inclusive.

        Charges for security services that commenced on or after 30 November 2010:

                       Term of plan     Upfront payment option        Monthly payment option
Single user licence    12 months        12 month subscription fee     Monthly subscription fee for a 12
option                                  is $99.95, payable in full    month subscription is $9.95
(1 user only)                           when your minimum term        (minimum cost over 12 months is
                                        commences.                    $119.40),payable each month
                                                                      when your minimum term
                                                                      commences.

                       24 months        24 month subscription fee     Monthly subscription fee for a 24
                                        is $159.95, payable in full   month subscription is $7.95
                                        when your minimum term        (minimum cost over 24 months is
                                        commences.                    $190.80), payable each month
                                                                      after your minimum term
                                                                      commences.
Family Pack (Multi-    12 months        12 month subscription fee     Monthly subscription fee for a 12
user) licence option                    is $129.95, payable in full   month subscription is $12.95
                                        when your minimum term        (minimum cost over 12 months is
(up to 3 users)
                                        commences.                    $155.40), payable each month
                                                                      after your minimum term
                                                                      commences.

                       24 months        24 month subscription fee     Monthly subscription fee for a 24
                                        is $209.95, payable in full   month subscription is $10.95
                                        when your minimum term        (minimum cost over 24 months is
                                        commences.                    $262.80), payable each month
                                                                      after your minimum term
                                                                      commences.

        All prices are GST inclusive.




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       6.52 If you choose the upfront payment option, you must pay the subscription charge in
            full when your minimum term commences. We will not refund your upfront
            payment if you decide to cancel the security services before the end of your
            minimum term.

       6.53 If you choose the monthly payments option, you must pay the monthly subscription
            charge each month during your minimum term. If you cancel the security services
            before the end of your minimum term, we will charge you an early termination
            charge which will be equal to the remaining monthly payments for your minimum
            term.

       Charges for standalone security service(s) (unavailable for purchase by BigPond
       Internet customers since 30/6/2007

       6.54 If you have purchased one or more of the following security services as a standalone
            service, we will charge you the following service charges (as applicable):

               Standalone service                                   Monthly charge



               Email Spam Filter                                        $2.50/mailbox

               Email Virus Protection                                   $2.50/mailbox

               All prices are GST inclusive.

   Charges and billing - General terms

       6.55 You must pay the charges for your applicable security service(s) in full by the date
            specified on the invoice.

       6.56 You must pay for your applicable security service(s) using one of the payment
            methods made available for the security services.

       6.57 If you select to pay for your security services using a credit card, we will

       (a)     charge all fees and charges on an annual basis or in monthly instalments
               (whichever you selected during the purchase process) from your service
               commencement date until such time as you terminate your service;

       (b)     disclose your credit card details to, and obtain information from, any financial
               institution or credit card issuer to verify the credit card details; and

       (c)     take steps to verify that there is sufficient credit on your credit card account to
               meet likely fees (including at the beginning of the trial period, if any).


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       6.58 If you select to pay for your security services using Telstra Single Bill, we will
            charge you all fees and charges on an annual basis or in monthly instalments
            (whichever you selected during the purchase process) from your service
            commencement date until such time as you terminate your service. If you select
            Telstra Single Bill as your preferred payment option, the terms and conditions
            relating to Telstra Single Bill set out in Part A - General Terms for BigPond services
            of Our Customer Terms will apply to your security services.

       6.59 If your BigPond or Telstra Internet service to which the security service(s) relates, is
            terminated for any reason, we may issue a final invoice immediately upon
            termination of your BigPond or Telstra Internet service

       6.60 Any security services purchased on a standalone basis will be billed to your Telstra
            or BigPond invoice.

       6.61 We may choose to introduce other payment methods from time to time. We will
            advise you in advance if any alternative payment methods are available to you and
            offer you ways of accessing those payment methods

       Single-User and Family Pack (Multi-User) Licences

       6.62 There are two licence options to choose from for the security services:

       (a)     Single user licence option: this option is where the security services are used on
               one Windows PC and you must ensure the security services are only utilised for
               one PC Email Spam Filter and Email Virus Filter; or

       (b)     Family Pack (Multi-user) licence option: this option is where the security services
               are used for up to 3 BigPond email addresses and 3 Windows PCs and you must
               ensure that no more than three email addresses and 3 Windows PCs utilise the
               security services.

         6.63 If you choose the single user licence option, you can upgrade to the Family Pack
              (multi-user) licence option at any time however:

       (a)     the charges that apply are the charges set out in this Section 6;

       (b)     the term of your original contract will end on the date you upgrade to the multi-
               user licence and a new minimum term will commence from the date that you
               make your yearly or monthly payment for the multi-user licence option (in the
               case of the monthly subscription option, your first payment); and

       (c)     if, at the time of upgrade, you are on monthly payment option you may upgrade to
               the upfront payment option. However, if at the time of upgrade, you are on the


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              upfront payment option, you will need to remain on the upfront payment option
              until the end of your new minimum term. This means that if you chose the upfront
              payment option for the single user licence option, you will have to make an
              upfront payment for the multi-user licence option which will be equal to the
              current multi-user licence upfront payment cost for your selected plan less an
              amount that is calculated in accordance with the following formula:




   Your original Single User licence subscription fee x number of months remaining in
                         your Single User licence contract term
           Total number of months in your Single User licence contract term


       6.64 You cannot downgrade from a multi-user licence to a single user licence during the
             minimum term.

       My BigPond Security self-care service

       6.65 BigPond Broadband customers who have a BigPond security service can access the
             My BigPond Security self-care service at
             https://www.bigpondsecurity.com/selfcare.aspx.

       6.66 You can use the My BigPond Security self-care service to manage your BigPond
             security service(s) in the following ways:

       (a)    change your personal details (eg contact address and phone number);

       (b)    change your payment method and details (except if you have chosen to pay via a
              Telstra Single Bill, in which case you cannot change your payment method via
              this service);

       (c)    upgrade your plan from a 12 month to a 24 month plan;

       (d)    upgrade your plan from a Single Licence to a Family Pack (Multi-user) plan;

       (e)    renew your security service(s) for a new minimum term;

       (f)    cancel your security service(s); and

       (g)    install the software for your security service(s).




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       6.67 You must use the My BigPond Security self-care service in accordance with the
             terms of use, which are available at www.bigpond.com/pond/terms-of-use/.

       Your right to cancel your security services

       6.68 We understand that, at some stage, you may no longer wish to continue with your
            security service(s) for a number of reasons. You may terminate your security
            service(s) at any time by cancelling the service online at
            www.bigpondsecurity.com/deactivation, emailing BigPond Billing via
            http://my.bigpond.com/help/contactus/ or by calling the BigPond Billing Inquiry line
            on 13 POND (13 7663). However, if you terminate your security service(s) under
            this clause:

       (a)     during your minimum term, then:

               (i)     you will not be entitled to any refund of service or subscription charges
                       you have paid regarding any part of the remaining minimum term; and

               (ii)    if you have elected to pay the subscription charges by monthly instalments
                       then we will charge you an early termination charge which will be equal
                       to the remaining monthly instalments for your minimum term; or

       (b)     after your minimum term has expired, then if you give us less than 14 days notice,
               you will need to pay the charge for an additional month.

       Our rights to cancel your security service(s)

       6.69 We may terminate your security service(s) if:

       (a)     you are in serious breach of this Section 6. You will be in serious breach if you
               breach your obligation to:

               a) pay our charges for the applicable security service(s);

               b) use the security service(s) only on the number of PC(s) permitted by the
                  single or multi-user licence; or

               c) use the security service(s) only in accordance with the software licence terms
                  set out in this Section 6; and

       (b)     we have notified you in writing of your breach and you have failed to remedy the
               breach within 30 days of our notice (if the breach can be remedied). If the breach
               is something which cannot be remedied, we may immediately terminate your




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               security service(s) with notice to you. The serious breaches mentioned above
               (other than failure to pay our charges) are breaches that are not capable of remedy.

       6.70 If we cancel your security service(s) under the above paragraph, you will not be
            entitled to any refund of charges you have paid regarding any part of your remaining
            minimum term, and if you have elected to pay the subscription charges by monthly
            instalments then we may charge you an early termination charge which will be equal
            to the remaining monthly instalments for the minimum term.

       6.71 We may suspend your security service(s) during the 30 day notice period before we
            terminate your security service(s). If we do suspend your security service(s), we will
            reimburse any monthly or annual fees (pro-rated if necessary) that you paid during
            the suspension.



       6.72 We may terminate your security service(s) before the end of your minimum term if
            we:

       (a)     obtain your consent;

       (b)     take reasonable steps to appropriately offset the effect of the cancellation on you
               (for example by providing a credit or a rebate to you);

       (c)     migrate you to a reasonably comparable service; or

       (d)     migrate you to an alternative service and take reasonable steps to offset any
               material detrimental impacts of the migration caused by the material differences
               between the service and the alternative service.

       6.73 We may terminate your security service(s) after the end of your minimum term if
            we:

       (a)     obtain your consent; or

       (b)     tell you a reasonable period (but at least 30 days) beforehand.

       6.74 If any of our third party suppliers suspends or terminates a service we rely on to
            provide your security service(s) or an aspect of that service, we may suspend or
            terminate your security service(s) or that aspect, as relevant, after giving you as
            much notice as is reasonably possible in the circumstances. If we do suspend your
            security service(s), we will reimburse any monthly or annual fees (pro-rated if
            necessary) that you paid during the suspension. If we terminate your security



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             service(s) under this clause, we will refund to you subscription charges you have
             paid regarding any part of your remaining minimum term.

       6.75 Unless otherwise specified, if we terminate the security service(s) for any reason,
            you must still pay us for any charges incurred before the termination.

       Renewal of new security services

       6.76 You may contact us before the end of your minimum term asking us to:

       (a)   cancel your security service(s), in which case we will agree to cancel your security
             service(s) upon expiry of the minimum term; or

       (b)   renew your security service(s) for a new minimum term (either on the monthly
             payment option or upfront payment option).

       6.77 If you do not request cancellation or renewal of your security service(s) at the end of
            the minimum term, we will continue to provide the same security service(s) to you
            on a monthly payment option.

       Our rights to suspend your security service(s)

       6.78 At certain times, we need to perform maintenance on or protect our networks to
            keep providing a high performing service to users. This means that we may
            sometimes need to suspend your security service(s) if it is necessary for the purpose
            of maintenance, integrity, protection or restoration of our networks or the users of
            our networks. If we need to suspend your security service(s) under this clause, we
            will give you as much notice as we reasonably can in the circumstances and we will
            endeavour to ensure that the suspension is for as short a period as is reasonably
            possible. Exercise of our rights under this paragraph does not affect your minimum
            term.

       6.79 Unfortunately, we cannot control some external events that may affect our provision
            of the security service(s) to you. If a regulatory event occurs, we may not be able to
            continue providing the security service(s) to you at all or may not be able to provide
            it on the same terms as set out in this Section 6. If this happens, we will give you as
            much notice as we reasonably can and we may need to cancel your security
            service(s). If your security service(s) is cancelled under this clause, we will refund to
            you any subscription charges you have paid regarding any part of your remaining
            minimum term. Exercise of our rights under this paragraph does not affect your
            minimum term.




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       Your rights to terminate or suspend

       6.80 You may terminate your security service(s) if:

       (a)     we are in serious breach of this Section 6 (we will be in serious breach if we
               breach our obligation to use reasonable care and skill in providing the security
               services and our obligations to notify you of changes to this Section 6); and

       (b)     you have notified us in writing of our breach and we have failed to remedy the
               breach within 30 days of your notice (if the breach can be remedied). If the breach
               is something which cannot be remedied, you may immediately terminate your
               service with notice to us.

       6.81 If you terminate your security service(s) under the above paragraph during your
            minimum term, we will refund to you any subscription charges you have paid
            regarding any part of your remaining minimum term.

       Our right to migrate your service

       6.82 At any time after the expiry of your minimum term, we may (but are not required to
            do so) migrate you to an alternative service or pricing plan on a month by month
            basis by providing to you reasonable prior notice. If you are not satisfied with the
            alternative service or pricing plan, you may cancel your security service(s) by giving
            us notice or choose from an alternative plan or pricing option (if available).

       6.83 From time to time we may notify you of any alternative plans or pricing options we
            currently offer at that time.

       Changing these terms

       6.84 From time to time, we need to be able to change this Section 6 to reflect our
            changing business. We can change this Section 6 (including any prices) in
            accordance with the following process.

       6.85 We must give you at least 30 days' prior notice of the change, unless:

       (a)     we need to make the change immediately in order to act legally or the change
               results from changes in the law. If this is the case, we will give you as much
               notice as we reasonably can; or

       (b)     we reasonably believe the change will benefit you, has no impact on you, or has
               neutral impact on you. If this is the case, we can make the change and without
               telling you.




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       6.86 If:

       (a)     we make a change to this Section 6 during your minimum term and the change
               means that you are materially worse off (and is not in order to ensure we act
               legally or due to changes in the law), you may cancel your security service(s) by
               giving us notice within 42 days of the date we notify you of the change; or

       (b)     we make a change to this Section 6 after the expiration of your minimum term and
               you do not accept the change, you may cancel your security service(s) by giving
               us notice.

               We will refund you any charges you have paid regarding any part of your
               remaining minimum term if you choose to cancel your security service(s) under
               this paragraph.

       6.87 If you do not notify us of your decision to cancel your security service(s) under the
            above paragraph and you continue using the applicable security service(s) from the
            date on which the change comes into effect (or where we make a change during your
            minimum term, 42 days from the date on which we notified you of the change), the
            change will apply to you.

       Maintenance of the service

       6.88 We encourage you to use our technical support services for genuine problems with
            your security service(s). We will use all reasonable efforts to rectify the problem as
            soon as possible after you notify us of the problem. We do not provide help desk
            support services for configuring your network to enable you to download software to
            more than one PC unless you have a multi-user licence subscription.

       Our liability to you

       6.89 The terms that apply to you and us are expressly set out in this Section 6 and those
            implied by laws that cannot be excluded by us. Other representations or statements
            we make to you, whether in person, over the phone or in advertising or other
            materials you received, are not part of this Section 6. However, you may have other
            legal rights in relation to those representations.

       6.90 If you are a BigPond Internet residential customer we accept our liability to you if
            we breach this Section 6 or act negligently under the principles applied by the courts,
            except:

       (a)     as you have taken up the applicable security service(s) predominately for personal,
               domestic or household use, we do not accept liability for any business related



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                losses that result from the use of your security service(s). However, we will accept
                that liability if it cannot be excluded under any legislation; and

       (b)      we are not liable for any loss to the extent that it is caused by you, for example,
                through your negligence or breach of this Section 6.
       Residential customer means a customer who takes up the security service(s) predominantly to use for
       personal, household or domestic use or consumption.

       Loss means loss or damage of any kind, however caused, whether in contract, tort (including
       negligence), under any statute or otherwise arising from or related in any way to this Section 6 or its
       subject matter.

       6.91 If you are a BigPond Internet business customer:

       (a)      given the nature of telecommunications systems (including the security
                service(s)'s reliance on systems not owned or controlled by us) we cannot promise
                that your security service(s) will be continuous or fault free. Accordingly, we limit
                our liability to you for losses resulting from any interruption or delay to your
                security service(s) to an amount equal to the charges billed to you for the affected
                security service for the period of the interruption or delay.

       (b)      we will not be responsible for any loss or damage arising from circumstances
                outside our reasonable control, save where we accept liability arising from our
                breach of contract or negligence:

                a) for any personal injury or death to you, your employees, agents and
                   contractors in relation to the supply of your security service(s);

                b) for any damage to your real or tangible property resulting from the supply of
                   your security service(s), but we limit our liability to our choice of repairing or
                   replacing the property or paying the cost of repairing or replacing it; and

                c) unless clause Error! Reference source not found.6.92(a) applies, for any
                   other cost or expense you (or, if you are a group administrator, your group
                   member) reasonably incur that is a direct result of, and flows naturally from,
                   such breach or negligence (but excludes loss of profits, likely savings and
                   data), but we limit our liability for all such claims in aggregate to the total
                   amount payable to us by you under this Section 6 in respect of the first year of
                   the minimum term for your security service(s).

       (c)      other than for the liability we accept under this Section 6, we exclude all other
                liability whether to you or a third party for breach of contract, negligence or
                breach of any other law. For any liability which cannot lawfully be excluded as it
                is under this Section 6, our liability is limited to resupplying or paying the cost of


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               resupplying services and repairing, replacing or paying the cost of repairing or
               replacing goods.

       (d)     notwithstanding anything else in this Section 6, our liability will be reduced to the
               extent the loss or damage is caused by you (or, if you are a group administrator,
               your group member), your employees, agents or contractors.
       Business customer means a customer who is not a residential customer.

       Your liability to us

       6.92 You are liable to us if you breach this Section 6 or act negligently under the
            principles applied by the courts. However, you are not liable for any loss we suffer to
            the extent that it is caused by us, for example, through our negligence or breach of
            this Section 6.

       Information

       6.93 Information concerning you will be held in a database. The database will contain
            your name, address, telephone numbers, credit card details (if applicable), billing
            details, information relating to the provision and use of the applicable security
            service(s), and information provided by you in connection with this Section 6 or the
            security services.

       6.94 We collect, use and disclose personal information as set out in our “Protecting Your
            Privacy” Statement. The current version of our Privacy Statement is available at
            http://www.telstra.com.au/privacy/privacy_statement.html.

       6.95 You consent to us giving credit information about you to a credit reporting agency
            to:

       (a)     obtain a consumer credit report about you; or

       (b)     allow the credit reporting agency to create or maintain a credit information file
               containing information about you.

       6.96 You agree that we may (in accordance with the Privacy Act 1988):

       (a)     obtain and use information concerning your commercial activities and commercial
               credit worthiness from a credit reporting agency or other business that reports on
               commercial credit worthiness to assess your application for the service (if the
               application is for consumer credit) or the collect overdue payments;




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       (b)     obtain or use a consumer credit report about you from a credit reporting agency to
               assess your application for the relevant security service(s) (if it is for commercial
               credit) or collect overdue payments; and

       (c)     disclose information about you to other credit providers or obtain and use
               information from other credit providers for the purposes of assessing your
               application for the relevant security service(s), your ongoing credit worthiness or
               the status of any account held by you with us or with any other credit provider

       Transferring your security service(s) or rights under this Section 6

       6.97 Your rights under the terms belong to you alone. You may not transfer your rights
            and obligations in respect of your security service(s) or this Section 6 without our
            prior consent. Our consent will not be unreasonably withheld.

       6.98 From time to time, we may need to ask another party to provide some aspect of the
            security services to you. We may transfer or novate any of our rights or obligations
            under this Section 6 to a reputable, credit worthy third party who agrees to be bound
            by our obligations under this Section 6. We will tell you if this happens.

       Right of use

       6.99 Subject to your compliance with this Section 6, your subscription to the applicable
            security service(s) permits you to use one copy of the specified version of the
            software, for internal purposes only, on only one PC, and only by one user, at a time
            unless you have chosen the multi-license option in which case your subscription
            permits you to use the software on the number of PCs and by the number of users
            which is contained within your license.

       6.100 The software is "in use" on a PC when it is loaded into the temporary memory (i.e.
            RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other
            storage device) of that PC.

       6.101 Your right of use is non-exclusive. We reserve all rights not expressly granted to
            you in this Section 6.

       Software licenses

       6.102 The software is owned by us and our suppliers or licensors and is protected by
            copyright laws and international treaty provisions.

       6.103 We and our suppliers and licensors own and retain all right, title and interest in and
            to the software, including but not limited to all patents, trademarks, copyrights, trade
            secrets and other intellectual property rights embodied or contained in the software.


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       6.104 You may:

       (a)      only use the software (including storing, loading, installing, executing or
                displaying it on a computer) in conjunction with your security service(s);

       (b)      only use the software in accordance with our directions from time to time;

       6.105 You may not:

       (a)      use, copy, or distribute the software except as expressly provided in this Section 6;

       (b)      sub-licence, assign, share, sell rent, lease, licence, loan or otherwise transfer to
                any person the right to use the software;

       (c)      reverse engineer, decompile, or disassemble the software, except to the extent
                permitted under the Copyright Act 1968 (Cth); or

       (d)      make error corrections to, or otherwise adapt or modify, or create derivative works
                based upon the software, except to the extent permitted under the Copyright Act
                1968 (Cth).

       Warranties

       6.106 While we use reasonable care and skill in providing the service to you, there are also
            other warranties in consumer protection laws (such as the Trade Practices Act 1974
            (Cth) and State and Territory Fair Trading Acts) that cannot be excluded which may
            apply to goods or services we supply to consumers, including that services be
            reasonably fit for their purpose. However, due to the nature of the service, the
            service may not be available or may become unavailable due to any number of
            factors including, without limitation, acts of God, technical failure of the service,
            telecommunications infrastructure, or delay or disruption attributable to viruses,
            denial of service attacks, increased or fluctuating demand, actions and omissions of
            third parties, or any other cause reasonably beyond our control.

       This clause is not intended to limit your rights under consumer protection legislation.
       Export Restrictions

       6.107 Without limiting any other restriction in this Section 6, you may not download,
            export, or re-export or transfer the software:

       (a)      into, or to a national or resident of, any country to which the United States has
                embargoed goods; or




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       (b)     to anyone on the United States Treasury Department's list of Specially Designated
               Nationals or the U.S. Commerce Department's Table of Deny Orders; or

       (c)     in contravention of United States or other applicable law.

       6.108 By downloading or using the software, you are representing and warranting that you
            are not located in, under the control of, or a national or resident of any country to
            which the United States has embargoed goods or on any United States Treasury
            Department's list of Specially Designated Nationals or the U.S. Commerce
            Department's Table of Deny Orders. It is your sole responsibility to comply with any
            and all government export and other applicable laws, regulations and rules and that
            we have no further responsibility for such after the initial licence to you.

       Taxes

       6.109 The charges set out in this Section 6 may not include all taxes. You must pay us any
            applicable taxes that we include as part of your invoice for the relevant security
            service(s). Applicable taxes may include any stamp and other duties, fees, taxes
            (including GST) and charges relating to your purchase of any equipment, this
            Section 6 or the performance of this Section 6, and any other transaction arising out
            of this Section 6.

       6.110 GST may be imposed on a supply we make to you under this Section 6. Unless the
            consideration payable for the supply is expressed to include GST you must pay us an
            additional amount to cover the GST. We will issue a Tax Invoice to you for any
            supply on which GST is imposed. GST may be imposed on a supply we make to you
            under this Section 6. Unless the consideration payable for the supply is expressed to
            include GST, you must pay us an additional amount to cover the GST. We will issue
            a Tax Invoice to you for any supply on which GST is imposed.
       In this clause 6, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System (Goods
       and Services Tax) Act 1999 (Cth).
       General

       6.111 Neither party waives any of its rights under this Section 6 merely because it does not
            exercise them, or there is a delay in our exercising them.

       6.112 This Section 6 is governed by the laws of the Australian State or Territory in which
            you are connected to the service.

       6.113 If we need to notify you of any matters relating to this Section 6 we ask, and you
            agree, that we may use post, fax, or email to the default email address we allocated to
            you. You must regularly check any email address that you provide to us.



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7      Premium Mail
             7.1      BigPond Premium Mail is an electronic mail service that is accessible
                      through the Internet and from a web browser.

             7.2      The service includes the software for downloading onto your PC.

             7.3      It does not include:

       (a)     correction of errors or defects caused by using the service in a way that is
               inconsistent with these terms; or

       (b)     any equipment, telecommunications services or Internet access required to access,
               or use features of, the service.

       Availability

             7.4      In order to use the service, you must:

       (a)     be a post-paid BigPond Internet customer;

       (b)     have access to an Internet connection; and

       (c)     have requested us to host your domain name or have requested the party hosting
               your domain name to configure the mail exchange record to refer to the Telstra
               BigPond Internet Server we nominate to you.

             7.5      If you wish to use certain features of the service, then you may be required to
                      have access to compatible equipment with a relevant telecommunications
                      service, for example a compatible mobile phone with a GPRS service. You
                      may obtain such equipment and telecommunications service at an additional
                      cost, and you will be responsible for the related usage charges.

             7.6      If you require assistance to migrate one or more mailboxes from your current
                      service provider (whether BigPond or a third party) to BigPond Premium
                      Mail, you may request one of our agents to migrate the mailboxes for you at
                      a cost of $74.25 (incl GST) for the first half an hour or less, and an additional
                      $37.15 (incl GST) for each further block of up to 15 minutes. For further
                      details, contact BigPond Sales on 1800 002 609.

             7.7      The service is not available if you are a Telstra wholesale customer or an end
                      user of a Telstra wholesale customer.




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       Features of each plan

             7.8    The Group PC/Web Access plan includes the following features:

       (a)     Email, contacts, calendar, tasks, notes and anti-virus software;

       (b)     Microsoft Outlook 2003 Licence that installs on your PC;

       (c)     Outlook Web Access;

       (d)     Outlook SMS;

       (e)     Meeting Planner;

       (f)     Public (shared) folders available offline;

       (g)     'Active Sync' using Managed Exchange Mobile Add-On;

       (h)     Archive folder creation;

       (i)     Import and export mailbox information; and

       (j)     Shared mailbox access.

             7.9    The Group Web Access plan includes the following features:

       (a)     Email, contacts, calendar, tasks, notes and anti-virus software;

       (b)     Outlook Web Access;

       (c)     Meeting Planner;

       (d)     Outlook SMS;

       (e)     'Active Sync' using Mobile Add-On;

       (f)     Public (shared) folders online; and

       (g)     Archive folder creation.

       This plan does not provide you the capability to access your email and other features from
       your PC or laptop if you are not connected to the internet.

7.10   The Solo Manager plan includes the following features:



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       (a)      Email, contacts, calendar, tasks, notes and anti-virus software;

       (b)      Outlook Web Access;

       (c)      'Active Sync' using Mobile Add-On; and

       (d)      1GB of email storage.

       This plan does not provide you with calendaring or scheduling features. Nor does it
       provide you with the capability to access public folders or colleagues the capability to
       access your mailbox.

             7.11     The Solo Manager Plus gives includes the following features:

       (a)      Email, contacts, calendar, tasks, notes and anti-virus software;

       (b)      Outlook Web Access;

       (c)      Meeting Planner;

       (d)      'Active Sync' using Mobile Add-On; and

       (e)      1GB of email storage.

       This plan does not enable you to schedule meetings with others, access public folders or
       provide access to fellow colleagues to your mailbox.

       For the purposes of this clause:

       MB means megabyte, a unit of information equal to one million (1,048,576) bytes.

       Charges

             7.12     You must pay the charges set out below for your service by the date
                      specified on your bill.

             7.13     The monthly subscription fee is payable in advance and will not be reduced
                      if the service is cancelled part way through a billing cycle. If you have been
                      migrated to BigPond's new environment, the subscription fee will be pro-
                      rated so that you will only pay for the part of the month for which you
                      subscribed to the service.

             7.14     If your service or the BigPond Internet service to which this service relates is
                      terminated for any reason, we may issue a final invoice immediately.



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              7.15    We may issue your first invoice when your service commences.

              7.16    Without limiting our rights under clauses 2.2 or 2.9 of this Part, if you do not
                      pay your invoice amount when it is due, we may do any or all of the
                      following:

       (a)      if the amount remains outstanding for 30 days after the due date, terminate your
                service; and

       (b)      if the amount remains outstanding for 60 days and there are reasonable grounds
                for believing you represent a credit risk, terminate or disconnect any other
                services we supply to you.

              7.17    We charge you the following for the Premium Mail services:

       Plan                                         Storage space        Monthly              Additional
                                                                         Fee                  storage charge



       Group PC/Web Access                                        1GB       $14.95/mailbox                10¢/MB

       Group Web Access                                           1GB        $9.95/mailbox                10¢/MB

       Solo Manager Plus                                          1GB        $6.95/mailbox                10¢/MB

       Solo Manager                                               1GB        $4.95/mailbox                10¢/MB
       Additional charges apply for telecommunications services and Internet access required to use the
       service.

       The additional storage charges are calculated by averaging daily storage used across the month.

       Additional Storage terms

              7.18    We will provide you with client software to use BigPond Premium Mail for
                      the Group PC/Web Access plan. Use of any client software is subject to the
                      terms for that client software.

       Domain name services

              7.19    Customised domain name services are available to BigPond Premium Mail
                      customers.

              7.20    You can ask us to apply for your requested domain name as your agent. We
                      do not guarantee your application will be successful.



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               7.21    If the application is successful, then we will become the Delegated Domain
                       Administrator ("DDA") for that domain name. When we become the DDA,
                       we will automatically direct to a Telstra BigPond Internet Server (or such
                       other Internet server we nominate) all electronic mail messages received by
                       us and addressed to you using the requested domain name.

               7.22    If you ask us to register a .com, .net, .org, .biz, or .info domain name ("TLD"
                       or "Top Level Domains") on your behalf, then you must read and accept the
                       General Registrar policy applicable to .com, .net, .org, .biz and .info domain
                       names issued by the registrar TPP Internet located at
                       http://www.tppinternet.com/pub/dotau/terms.php#gtld, as amended from
                       time to time.

               7.23    If you ask us to register a .com, .net or .org domain name on your behalf, you
                       must comply with any policy applicable to .com, .net and .org domain names
                       issued by ICANN from time to time ("Policy"). For more information, see
                       http://www.icann.org/.

               7.24    In the event of a dispute in registering a TLD, or a dispute about a TLD after
                       registration, you will:

       (a)        submit to and be bound by Uniform Domain Name Dispute Resolution Policy
                  located at http://www.icann.org/udrp/, as amended from time to time; and

       (b)        be subject to arbitration, suspension or cancellation by any ICANN procedure, or
                  by any registry administrator procedure approved by ICANN policy, relating to:

             a) the correction of mistakes by us or the registry administrator in registering the
                domain name; or

             b) the resolution of disputes concerning the domain name.

               7.25    If you ask us to register a .com.au, .id.au, .net.au or .org.au domain name
                       (".au Domains" on your behalf, then you must read and accept:

       (a)        the policies applicable to terms for .au Domain Name Licences issued by the
                  registrar TPP Internet located at
                  http://www.tppinternet.com/pub/dotau/terms.php#au, as amended from time to
                  time; and

       (b)        the .au 2LD Domain Name Eligibility and Allocation Policy Rules issued by .au
                  Domain Administration Limited ("auDA") located at
                  http://www.auda.org.au/policies/auda-2005-01/, as amended from time to time.



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             7.26   If we apply for a requested domain name:

       (a)     in the event of a dispute in registering a .au Domain, or a dispute about a .au
               Domain after registration, you will submit to and be bound by the .au Dispute
               Resolution Policy ("auDRP") located at http://www.auda.org.au/audrp/audrp/, as
               amended from time to time;

       (b)     by maintaining the registration of the requested domain name after changes to the
               applicable policies become effective, you accept those changes. We do not have
               control over these policies and you may not be notified that they have changed. It
               is very important that you check the most up-to-date version of the applicable
               policies regularly;

       (c)     in the event of a dispute regarding the requested domain name, you will submit to
               the jurisdiction of the courts as provided in the applicable policies;

       (d)     you must pay any registration or delegation charges to us in advance. A requested
               domain name cannot be registered unless you pay for it in advance;

       (e)     we make no representations and give no warranties regarding the availability of
               the requested domain name;

       (f)     you authorise and direct us to nominate Telstra Corporation Limited ABN 33 051
               775 556 or WebCentral Pty Limited ACN 084 429 318 as the authorised billing
               contact for the requested domain name;

       (g)     we are not liable for any loss or damage resulting from the non-renewal of the
               requested domain name if you fail to provide us with consent to renew the
               requested domain name registration or you delay in providing us with such
               consent;

       (h)     by applying for a requested domain name or providing us with your consent to
               renew the requested domain name registration, you promise that you are, and will
               remain, eligible to register the requested domain name during the registration or
               renewal period; and

       (i)     you are responsible for all claims against us arising out of the registration, use or
               renewal of the requested domain name, if the claim is based on conduct which
               would be a breach by you of these terms the warranty statement you made when
               applying for, or renewing, a requested domain name. You are not responsible to
               the extent that the claim arises out of our breach of these terms, or our negligent
               act or omission.




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       Service availability

              7.27     We will use reasonable care and skill in providing the service. There are
                       also other warranties in consumer protection laws (such as the Trade
                       Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                       cannot be excluded which may apply to goods or services we supply to
                       consumers, including that services be reasonably fit for their purpose.
                       However, we do not warrant that the service will be supplied at all times
                       without any outage, fault or delay.

              7.28     We may perform scheduled and unscheduled maintenance to the systems that
                       we use to provide the service. We will attempt to perform all scheduled
                       maintenance at times which will affect the fewest customers.

              7.29     We may archive your data on a regular basis for the purposes of disaster
                       recovery. In the event of equipment failure or data corruption, we will use
                       reasonable endeavours to restore your data from the last known good
                       archive. We do not warrant that backups will:

       (a)       occur on every scheduled occasion;

       (b)       be complete; or

       (c)       be uncorrupted.

              7.30     We will not be liable for incomplete, out-of-date, corrupt or otherwise
                       deficient data recovered from our backups where we have acted with
                       reasonable care.

             This clause is not intended to limit your rights under consumer protection legislation.
       Use of the service

              7.31     You must advise us in a timely manner if you have reason to suspect that the
                       service is being used contrary to these terms.

              7.32     We will determine, in our absolute discretion, the location from which your
                       service is provided from time to time.

              7.33     You must not re-sell the service.

              7.34     We will charge you an additional fee, as set out above under “Charges”
                       applicable to your service, if all the messages in your mailbox (including
                       attachments) exceed your Mail Quota.



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              7.35     If you ask us to provide any services that are not set out in this clause 7, for
                       example to assist you to transition or migrate a mailbox, then if we decide to
                       provide those services to you, we will charge you, and you must pay, an
                       additional fee. We will tell you about this additional fee when you make your
                       request (and let you know whether the fee is set out in the charges table set
                       out above or an amount which we tell you).

             For the purposes of this clause:

             Mail Quota means the maximum size allocated to you for your mailbox equal to 1GB or as set out in
             the charges section above applicable to your service.

       Terms regarding use of Microsoft software

              7.36     These terms apply to your use of Microsoft software provided by us or our
                       supplier as part of the service and supersede the terms of any Microsoft End
                       User License Agreement which may be presented in electronic form during
                       your use of that software.

              7.37     The software products are licensed to us or our supplier from an affiliate of
                       Microsoft Corporation. All title and intellectual property rights in and to the
                       software products are owned by Microsoft or its suppliers. The software
                       products are protected by copyright laws and international copyright treaties,
                       as well as other intellectual property laws and treaties. Your possession,
                       access, or use of the software products does not transfer any ownership of the
                       software products or any intellectual property rights to you.

              7.38     You may use the Client software installed on your Devices only in
                       accordance with our instructions and in connection with the service as
                       follows:

       (a)       to install on one (1) Device only. You must obtain additional licences for each
                 additional concurrent use;

       (b)       only to connect to the service; and

       (c)       for the duration of these terms.

              7.39     Use of the Client Software other than as specified above is a breach of these
                       terms.

              7.40     Through your use of the services, you may gain access to the Redistribution
                       Software. You may not use, modify, copy, and/or distribute any
                       Redistribution Software unless you expressly comply with certain additional
                       terms notified by us to you.


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             7.41   Except for making one (1) copy of Client Software on your Device as
                    expressly authorized by us ("Permitted Copy"), you may not make any
                    copies of the Software Products or copy any printed materials accompanying
                    the Software Products. You must erase or destroy the Permitted Copy upon
                    the earliest of:

       (a)     termination or cancellation of these terms;

       (b)     notice from us; and

       (c)     transfer of your Device to another person or entity.

             7.42   You must not:

       (a)     remove, modify or obscure any copyright, trademark or other proprietary rights
               notices that appear on the Software Products or that appear during their use;

       (b)     reverse engineer, decompile, or disassemble the Software Products, except to the
               extent permitted by law notwithstanding this limitation; and

       (c)     rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Software
               Products to any third party, and you may not permit any third party to have access
               to and/or use the functionality of the Software Products.

             7.43   The Software Products are of U.S. origin for purposes of U.S. export control
                    laws. You must comply with all applicable international and national laws
                    that apply to the Software Products, including the U.S. Export
                    Administration Regulations, as well as end-user, end-use and destination
                    restrictions issued by U.S. and other governments.

             7.44   Without prejudice to any other rights, we may terminate your rights to use
                    the Software Products if you fail to materially comply with these terms.

             7.45   If these terms or your right to the use Software Products is terminated or
                    cancelled, you must:

       (a)     stop using and accessing the Software Products; and

       (b)     destroy all copies of the Software Products and all of its component parts.

             7.46   Any product support for the Software Products is provided to you by us and
                    is not provided by Microsoft or its affiliates or subsidiaries.




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            7.47    To the extent permitted by applicable law, we do not make any
                    representations or express warranties with respect to the Software Products.
                    Our liability to you is set out in the liability section of these terms. However,
                    notwithstanding anything in these terms, consumers may have the benefit of
                    certain rights or remedies pursuant to the Trade Practices Act 1974 (Cth) and
                    similar state and territory laws in Australia in respect of which liability may
                    not be excluded. If so, then to the maximum extent permitted by law, such
                    liability is limited at our option, in the case of goods to either (i) replacement
                    of the goods or (ii) correction of defects in the goods, and in the case of
                    services to either (i) resupply of the services or (ii) the cost of the resupply of
                    the services.

            7.48    To the maximum extent permitted by law, Microsoft and its affiliates and
                    subsidiaries, disclaim all warranties, liability for damages (whether direct,
                    indirect or consequential), and any remedies arising from, or relating to, your
                    use of the Software Products.

            7.49    The Software Products may contain technology that is not fault tolerant and
                    is not designed, manufactured, or intended for use in environments or
                    applications in which the failure of the Software Products could lead to
                    death, personal injury, or severe physical, property or environmental
                    damage.

            7.50    In addition to any liability you may have to us, you will also be legally
                    responsible directly to Microsoft for any breach of these terms.

          For the purpose of this clause:

          Client Software means software that allows a Device to access or utilize the services or
          functionality provided by the Server Software, and includes the Microsoft(r) Outlook(r) 2003
          software.

          Device means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal
          digital assistant, "smart phone" or other electronic device.

          Redistribution Software means certain "sample", "redistributable" and/or software development
          ("SDK") software code and tools.

          Schedule - means the attached BigPond Premium Mail specific terms schedule.

          Server Software means software that provides services or functionality on a computer acting as a
          server.

          Software Products means the Microsoft software provided by us as part of the services and which
          may include associated media, printed materials, and "online" or electronic documentation and any
          incorporated images, photographs, animations, video, audio, music, text and "applets".




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       Your obligations

             7.51   You must:

       (a)     be the same person as the customer of the BigPond Internet service to which this
               service relates;

       (b)     pay all fees and charges associated with your use of the service;

       (c)     promptly tell us if you believe or suspect that the service has been compromised
               or is being used in a manner that breaches these terms; and

       (d)     regularly check your default email address allocated by us for messages about
               your service (or, if you have arranged for emails sent to your default email address
               to be forwarded to an alternate email address, you must check that alternate email
               address).

             7.52   The service is only provided to you for so long as you continue to take the
                    BigPond Internet service to which the service relates; and

             7.53   We will use reasonable care and skill in providing the service. There are
                    also other warranties in consumer protection laws (such as the Trade
                    Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                    cannot be excluded which may apply to goods or services we supply to
                    consumers, including that services be reasonably fit for their purpose.
                    However, due to the nature of the service, we do not promise that it will be
                    continuous, accessible at all times or fault-free.

       Commencement and termination

             7.54   You may subscribe to additional services or cancel the service at any time.
                    However, any cancellation will not become effective until the first day of
                    your next monthly billing cycle for the service. If you have been migrated to
                    BigPond's new environment, termination will take effect immediately after
                    we receive and process your cancellation request.

             7.55   We may terminate your service:

       (a)     immediately, if we reasonably suspect that you have materially breached these
               terms in a way that cannot be remedied; or

       (b)     if we reasonably suspect you have materially breach these terms in a way that can
               be remedied, but you do not remedy the breach within 14 days of us telling you to
               do so; or


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       (c)      at any time effective at the end of your monthly billing cycle, by giving you at
                least 30 days' prior written notice.

              7.56   If your BigPond Internet service to which the service relates is suspended,
                     disconnected or terminated, then the service may also be suspended,
                     disconnected or terminated.

              7.57   If the service under these terms is suspended, disconnected or terminated, the
                     liability of each party (if any) is set out in this clause 7.

              7.58   If your service under these terms is terminated, any software licences granted
                     to you under these terms in relation to your service will immediately
                     terminate.

       Changing these terms

              7.59   Except as set out in clause 7.60, we can change these terms (including the
                     charges) at any time without notice.

              7.60   If we consider that a change would cause you detriment, we will tell you
                     about the change by email, post or facsimile at least 30 days before the
                     change will take effect.

       7.61     If you do not tell us that you wish to terminate the service within 14 days after
                receiving notice of a change under clause 7.60 and you pay the charges for the
                service provided to you after our notice, the change will apply to you.

              7.62   When we tell you about changes to Our Customer Terms under clause 7.60,
                     unless specified otherwise in the clause, we can do so by: bill message, bill
                     insert, direct mail or email (if you have an email address and have agreed for
                     us to tell you about changes to Our Customer Terms by email). In addition
                     to this notice, we may also publish a notice in a national newspaper.

              7.63   If you experience a problem with your service, you should tell our Customer
                     Service Centre on the number set out on the BigPond website.

              7.64   We will use all reasonable efforts to rectify any problem notified to us as
                     soon as possible.

       Limitation of liability

              7.65   The terms that apply to you and us are expressly set out in these terms and
                     those implied by laws that cannot be excluded by us. Other representations
                     or statements we make to you, whether in person, over the phone or in


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                    advertising or other materials you received, are not part of these terms.
                    However, you may have other legal rights in relation to those
                    representations.

             7.66   Clauses 7.67, 7.68 and 7.69 apply to you only if you are a Residential
                    Customer.

             7.67   We accept our liability to you if we breach these terms or act negligently
                    under the principles applied by the courts, except as set out in clauses 7.68
                    and 7.69..

             7.68   As you have taken up the service predominately for personal, domestic or
                    household use, we do not accept liability for any business related losses that
                    result from the use of the service. However, we will accept that liability if it
                    cannot be excluded under any legislation.

             7.69   We are not liable for any loss to the extent that it is caused by you, for
                    example, through your negligence or breach of these terms.

             7.70   Clauses 7.71, 7.72, 7.73, 7.74, 7.75 and 7.76 apply to you only if you are a
                    Business Customer.

             7.71   Given the nature of telecommunications systems (including the service's
                    reliance on systems not owned or controlled by us) we cannot promise that
                    the service will be continuous or fault free. Accordingly, we limit our
                    liability to you for losses resulting from any interruption or delay to your
                    service to an amount equal to the service charges billed for the affected
                    service for the period of the interruption or delay.

             7.72   Subject to clause 7.75, we accept liability arising from our breach of contract
                    or negligence:

       (a)     for any personal injury or death to you, your employees, agents and contractors in
               relation to the supply of the service;

       (b)     for any damage to your real or tangible property resulting from the supply of the
               service, but we limit our liability to our choice of repairing or replacing the
               property or paying the cost of repairing or replacing it; and

       (c)     unless clause 7.71 applies, for any other cost or expense you reasonably incur that
               is a direct result of, and flows naturally from, such breach or negligence (but
               excludes loss of profits, likely savings and data), but we limit our liability for all
               such claims in aggregate to the total amount payable to us under these terms in
               respect of the first year of these terms.


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            7.73     Other than for the liability we accept under this clause 7, we exclude all
                     other liability whether to you or a third party for breach of contract,
                     negligence or breach of any other law. For any liability which cannot
                     lawfully be excluded as it is under this clause 8, our liability is limited to
                     resupplying or paying the cost of resupplying services and repairing,
                     replacing or paying the cost of repairing or replacing goods.

            7.74     Notwithstanding anything else in this clause 7, our liability will be reduced
                     to the extent the loss or damage is caused by you, your employees, agents or
                     contractors.

            7.75     We will not be responsible for any loss or damage arising from
                     circumstances outside our reasonable control.

            7.76     You are liable to us if you breach these terms or act negligently under the
                     principles applied by the courts. However, you are not liable for any loss we
                     suffer to the extent that it is caused by us, for example, through our
                     negligence or breach of these terms.

          For the purposes of this clause:

          Business Customer means a customer who is not a Residential Customer.

          Loss means loss or damage of any kind, however caused, whether in contract, tort (including
          negligence), under any statute or otherwise arising from or related in any way to these terms or its
          subject matter.

          Residential Customer means a customer who takes up the service predominantly to use for
          personal, household or domestic use or consumption.

       Privacy

            7.77     We collect, use and disclose personal information as set out in our
                     “Protecting Your Privacy” Statement. The current version of our Privacy
                     Statement is available at
                     http://www.telstra.com.au/privacy/privacy_statement.html.

       Transferring your service

            7.78     You may not transfer your rights and obligations in respect of the service or
                     under these terms without our prior consent (which we will not unreasonably
                     withhold).

            7.79     We may transfer or novate any of our rights or obligations under these terms
                     to a reputable, credit worthy third party who agrees to be bound by our



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                       obligations under these terms. If we do so, we will try to notify you
                       beforehand (otherwise we will tell you within 30 days after the transfer).

       Taxes

              7.80     The charges may not include all taxes. You must pay us on request any
                       stamp and other duties, fees, taxes (including GST) and charges payable on:

       (a)       these terms; and

       (b)       any payment, receipt or other transaction arising out of these terms.

              7.81     GST may be imposed on a supply we make to you under these terms. Unless
                       the consideration payable for the supply is expressed to include GST, you
                       must pay on our demand an additional amount to cover the GST. We will
                       issue a Tax Invoice to you for any supply on which GST is imposed.

             In this clause, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System
             (Goods and Services Tax) Act 1999 (Cth).

       General terms

              7.82     We are not to be taken to waive any of our rights under these terms merely
                       because we do not exercise them or delay in exercising them.

              7.83     These terms are governed by the laws of the State or Territory in Australia in
                       which you reside. Nothing in these terms, or any actions we take under it
                       constitute a submission by us to any foreign jurisdiction.

              7.84     Clauses in this section 7 relating to limitation of liability, privacy , taxes and
                       general terms survive termination of these terms (regardless of any other
                       clauses that may survive termination).

              7.85     If we need to tell you of any matters relating to these terms, we may use
                       email to your default email address allocated by us, or post or fax.

8      Additional mailboxes
       General

              8.1      You may activate additional mailboxes over and above your plan allowance.
                       Each mailbox has the features of BigPond mail.




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              8.2     The maximum number of mailboxes available to new members and members
                      that have been moved to the BigPond new billing system is 15 mailboxes(1
                      primary and 14 additional).

              8.3     The maximum number of mailboxes available to ADSL and cable members
                      who haven't yet been moved to the new system is 7 additional mailboxes.

       Limitations of the service

              8.4     The service is not available if you are a Telstra wholesale customer or an end
                      user of a Telstra wholesale customer.

       Charges

              8.5     On and from 30 August 2010, additional mailboxes are free of charge.



9      Domain names
       Restrictions on domain names

              9.1     Your domain name must not be:

       (a)       on a reserved list; or

       (b)       in breach of our acceptable use policy set out in Part A - General Terms for
                 BigPond services of the BigPond service section of Our Customer Terms; or

       (c)       that of the applicable Registrar.

             See www.bigpond.com.au for more information about domain names

       Limitations of the service

              9.2     The service is not available if you are a Telstra wholesale customer or an end
                      user of a Telstra wholesale customer.

       Domain Name Registration

              9.3     If requested by you, we will, as your agent, apply for the domain name
                      requested by you ("Requested Domain Name"). We will use reasonable
                      efforts to process Domain Name application within 12 working days. Actual
                      turnaround times may be affected by delays caused by the relevant Domain
                      Name authority.


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              9.4    We do not guarantee that you will be successful in your application for the
                     Requested Domain Name.

              9.5    If the application for the Requested Domain Name is successful, we will
                     become the Delegated Domain Administrator ("DDA") for the then
                     Registered Domain Name.

              9.6    If you want to transfer the delegation of their domain names (“re-
                     delegation”) to Telstra BigPond, you can request re-delegation by visiting
                     http://telstra.com/domainnames/mydomains.

       Domain Name Management

              9.7    Where we become the delegated domain name administrator for the
                     Requested Domain Name pursuant to clause 9.3, we will automatically direct
                     to a Telstra BigPond Internet Server all electronic mail messages received by
                     us and addressed to your Registered User using the Requested Domain
                     Name.

              9.8    Telstra BigPond does not currently offer domain mapping to the free web
                     personal site.

       Charges

              9.9    If we apply to register the Requested Domain Name provide Domain Name
                     Management, you must pay us the applicable Domain Name Registration
                     Fee and/or Domain Name Management Fee as set below. The Domain Name
                     Registration Fee and Domain Name Hosting Fee are inclusive of any
                     government taxes or charges.

       Domain type                             Registration         Registration fee     Monthly
                                               term                                      management fee



       .com.au                                           2 years               $85.00              $12.50
       .net.au

       .edu.au                                                n/a                 n/a                   n/a
       .gov.au
       .org.au

       .com                                              2 years               $85.00              $12.50
       .net
       .org
       .biz




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       Domain type                                     Registration           Registration fee     Monthly
                                                       term                                        management fee


       .info

       .name                                                        1 year                $65.00                 $12.50



             The registration fee is payable for new registrations; domain transfers or registration renewals.

       Renewal of Domain Name Registration and Management Fees

               9.10     If:

       (a)       we are the DDA of the your Registered Domain Name at the scheduled time of
                 expiry of the registration; and

       (b)       you are, at that time, the owner of the Registered Domain Name;

             we will send a reminder email for you to renew online
             (http://telstra.com/domainnames/mydomains) before the expiry date. If you do not
             respond by the expiry date, a cancellation email will be sent to you to check whether
             you want to renew or not. Within 5 working days after the expiry date, if you do not
             respond that you want to renew, we will remove your domain name from the Telstra
             Domain Name System. Once we have successfully renewed the domain name if
             requested by you, you must pay us the Domain Name Renewal Fee.

               9.11     We will not renew the Registered Domain Name under clause 9.10 if you tell
                        us prior to the scheduled time of expiry that you do not want us to renew
                        your Domain Name.

       Warranties

               9.12     You warrant that in selecting its chosen domain name you will not infringe
                        any third party intellectual property rights.

               9.13     You warrant that you will use the domain name for lawful purposes.

       Liability

               9.14     The terms that apply to you and us are expressly set out in these terms and
                        those implied by laws that cannot be excluded by us. Other representations
                        or statements we make to you, whether in person, over the phone or in
                        advertising or other materials you received, are not part of these terms.


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                     However, you may have other legal rights in relation to those
                     representations.

              9.15   If you acquire the services under these terms for personal, domestic or
                     household use, you are a Residential Customer and clauses 9.16, 9.17, 9.18
                     and 9.25 apply.

              9.16   We accept liability to you if we breach these terms or act negligently under
                     the principles applied by the courts, except as set out in clauses 11.17 and
                     11.18.

              9.17   As you have taken up the service predominately for personal, domestic or
                     household use, we do not accept liability for any business related losses that
                     result from the use of the service. However, we accept that liability if it
                     cannot be excluded under any legislation.

       9.18         We are not liable for any loss to the extent that it is caused by you, for
                example, through your negligence or breach of these terms.
       9.19          If you are not a Residential Customer, clauses 9.20, 9.21, 9.22, 9.23, 9.24
                and 9.25 apply.
              9.20   Given the nature of telecommunications systems (including the service's
                     reliance on systems not owned or controlled by us) we cannot promise that
                     the service will be continuous or fault free. Accordingly, we limit our
                     liability to you for losses resulting from any interruption or delay to your
                     service to an amount equal to the service charges billed for the affected
                     service for the period of the interruption or delay.

              9.21   Subject to clause 9.24, we accept liability arising from our breach of contract
                     or negligence:

       (a)      for any personal injury or death to you, your employees, agents and contractors in
                relation to the supply of the service;

       (b)      for any damage to the your real or tangible property resulting from the supply of
                the service, but we limit our liability to its choice of repairing or replacing the
                property or paying the cost of repairing or replacing it; and

       (c)      unless clause 9.20 applies, for any other cost or expense you reasonably incur that
                is a direct result of, and flows naturally from, such breach or negligence (but
                excludes loss of profits, likely savings and data), but we limit our liability for all
                such claims in aggregate to the total amount payable to us under these terms in
                respect of the first year of these terms.



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            9.22      Other than for the liability we accept under clauses 9, we exclude all other
                      liability whether to you or a third party for breach of contract, negligence or
                      breach of any other law. For any liability which cannot lawfully be excluded
                      as it is under clauses 9, our liability is limited to resupplying or paying the
                      cost of resupplying services and repairing, replacing or paying the cost of
                      repairing or replacing goods.

            9.23      Notwithstanding anything else in this clause 9, our liability will be reduced
                      to the extent the loss or damage is caused by you, your employees, agents or
                      contractors.

            9.24      We will not be responsible for any loss or damage arising from
                      circumstances outside its reasonable control.

            9.25      You are liable to us if you breach these terms or act negligently under the
                      principles applied by the courts. However, you are not liable for any loss you
                      suffer to the extent that it is caused by us, for example, through our
                      negligence or breach of these terms.

       For the purposes of this clause:

       Business Customer means a customer who is not a Residential Customer.

       Loss means loss or damage of any kind, however caused, whether in contract, tort (including
       negligence), under any statute or otherwise arising from or related in any way to these terms or its
       subject matter.

       Residential Customer means a customer who takes up the service predominantly to use for personal,
       household or domestic use or consumption.

       Termination

            9.26      Either party may terminate this service by 30 days' notice in writing
                      (including any email) to the other party.

            9.27      We may terminate your service if you are no longer a customer of Telstra
                      BigPond, or if you fail to pay the applicable Domain Name Registration Fee
                      and/or Domain Name Hosting Fee, but will tell you before doing so.

            9.28      On termination or expiry of your service for any reason, we may delete your
                      Registered Domain Name from any storage media.

            9.29      We reserve the right to suspend your service without telling you first if you
                      breach clause 9.26 or 9.27,, as these are material breaches of these terms
                      which cannot be remedied.



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             9.30     You may also terminate the service if:

       (a)      we are in serious breach of the applicable parts of Our Customer Terms; and

               For example, we will be in serious breach if we breach our obligation to use reasonable care
               and skill in providing the service.

       (b)      you have notified us in writing of our breach and we have failed to remedy the
                breach within 30 days of your notice (if the breach can be remedied). If the breach
                is something which cannot be remedied, you may immediately terminate your
                service with notice to us.

             9.31     If you terminate the service under clause 9.30 during your minimum term
                      you will not have to pay us the cancellation fee set out in the charges section
                      for your plan.

       Your obligation to pay a cancellation fee does not limit or affect the rights you may have under the Trade
       Practices Act 1974 (Cth) in relation to the equipment or the service.

       Miscellaneous

             9.32     A provision of, or a right created under these terms, may not be waived
                      except in writing signed by the party granting the waiver, or varied except in
                      writing signed by the parties.

             9.33     These terms and the transactions contemplated by these terms are governed
                      by the laws in force in the State or Territory in Australia in which you reside.

             9.34     You may not assign your rights and obligations under these terms without
                      our prior written consent (which we will not unreasonably withhold).

             9.35     We may transfer or novate any of our rights or obligations under these terms
                      to a reputable, creditworthy third party who agrees to be bound by our
                      obligations under these terms. If we do so, we will try to notify you
                      beforehand (otherwise we will tell you within 30 days after the transfer).

             9.36     You must not alter, cancel or withdraw any requests for domain name
                      applications until registration has occurred or the application has been
                      rejected.

             9.37     Some Registered Domain Names may

       (a)      operate a mail forwarding facility; or




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       (b)     publish customer and domain name information on a third party database.
               We do not operate, make no representations about, and are not responsible for
               mail forwarding facility or publication of information on a third party database.

10     Family Website hosting and Small Business hosting
       Availability

             10.1     We have withdrawn this service from sale to new customers. Existing
                      customers will not be able to make changes to their existing pricing plan.

       General

             10.2     We will provide you with the service using shared infrastructure. The
                      features of your service, and the levels of storage space and traffic that are
                      permitted, depend upon your selected plan and are specified in the charges
                      section below.

             10.3     We will provide you with at least one logon name and password ("VS"
                      number) to allow you to access the Mission Control panel (which may be
                      used by you to configure various features of your service).

             10.4     We will archive your data onto backup mechanisms on a regular basis for the
                      purposes of disaster recovery. In the event of equipment failure or data
                      corruption, we will use reasonable endeavours to restore your data from the
                      last known good archive. Notwithstanding our backup regimes, you must
                      maintain a recent copy of your data at your premises at all times. You will
                      ensure that all of your data is accessible by us at the time that a backup is to
                      be carried out (including ensuring that files are not locked or in use during
                      this time). Any of your data that is not accessible by us at the time that a
                      backup is carried out will not be backed up. Due to technological limitations,
                      we cannot promise that, and despite our reasonable care, backups will: (a)
                      occur on every scheduled occasion, (b) be complete; or (c) be uncorrupted.
                      We will not be liable for incomplete, out-of-date, corrupt or otherwise
                      deficient data recovered from our backups where we have acted with
                      reasonable care.

             10.5     You are responsible for developing, installing and maintaining your data.
                      You must have appropriate and compatible equipment, software and Internet
                      access to upload your data to our systems.

             10.6     You are solely responsible for dealing with persons who access your data,
                      and must not refer complaints or inquiries in relation to your data to us.



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                10.7     You must adopt appropriate measures to ensure the security of your logon
                         name, password and data.

                10.8     You must advise us in a timely manner if you have reason to suspect that the
                         service is being used contrary to these terms.

                10.9     We encourage you to use appropriate warnings and labelling systems for any
                         of your data that is likely to be considered unsuitable for children under
                         Australian law and associated classification guidelines.1

                10.10 The service is provided from data centres in Australia. We will determine, in
                      our absolute discretion, the location from which your service is provided
                      from time to time.

                10.11 You grant to us all rights, consents, permissions and licences necessary to
                      enable us and our subcontractors and suppliers to legally view, copy and
                      store your data for the sole purpose of performing our obligations under
                      these terms.

                10.12 No title in the hardware, infrastructure or facilities used by us to deliver the
                      service passes to you at any time.

                10.13 If we provide you with software and terms accompany it, then we provide
                      that software to you on these terms.

                10.14 If we provide you with software and no terms accompany it, then:

        (a)        we grant you a non-exclusive, non-transferable licence to use the software for the
                   sole purpose of using the service on these terms;

        (b)        you must not use, or permit any person to use, the software in any way that is not
                   permitted by these terms; and

        (c)        without limiting clause 10.14(b), you must not:

              a) use the software on behalf of, or for the benefit of, any other person; or

              b) disassemble, reverse engineer or create more than one copy of the software (unless
                 you have a statutory right to disassemble, reverse engineer or create more than one


   1
     For more information please consult the Internet Industry Association guidelines at http://www.iia.net.au/guideuser.html
   or the Australian Communications and Media Authority at http://www.cybersmartkids.com.au/.




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              copy of the software, in which case you must only do so to the extent permitted by
              your statutory right).

       Family website hosting plans

             10.15 The Family website hosting plans include the following features:

       (a)     an allocated amount of disk space;

       (b)     allowance for friends and family to download a certain amount from your website
               each month; and

       (c)     our complimentary Do It Yourself WebSite Builder, to help you create a
               professional-looking online family album.

             10.16 Only BigPond members are eligible for Family WebSite plans. These plans
                   do not include telephone technical support. Mission Control provides each
                   user with online technical support via the Job Logging System.

             10.17 Further details for the family website hosting plans are set out in the charges
                   section below.

       Small business website hosting plan

             10.18 The Small business website hosting plan includes the following features:

       (a)     20MB of disk space;

       (b)     pre-written Common Gateway Interface (CGI) scripts;

       (c)     allowance for customers to download up to 300MB from your website each
               month; and

       (d)     our complimentary Do It Yourself Business WebSite Builder, to help you create a
               professional-looking site.

       Limitations of the service

             10.19 The service is not available if you are a Telstra wholesale customer or an end
                   user of a Telstra wholesale customer.

       Service and Maintenance

             10.20 If you experience a problem with the service, you should report it to us by
                   using the Mission Control panel.


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            10.21 We may perform scheduled maintenance to the systems that we use to
                  provide the service. We will attempt to perform all scheduled maintenance at
                  times which will affect the fewest customers. If the scheduled maintenance
                  requires the service to be unavailable for a continuous period of greater than
                  30 minutes, we will post details of the times during which the scheduled
                  maintenance is due to occur on the Web Host System News at least 48 hours
                  prior to the maintenance. It is very important that you check the Web Host
                  System News regularly.

            10.22 We may perform unscheduled maintenance to the systems that we use to
                  provide the service. If the unscheduled maintenance requires the service to
                  be unavailable for a continuous period of greater than 30 minutes, we will try
                  to post details of the unscheduled maintenance on the Web Host System
                  News beforehand (otherwise we post the details after the maintenance has
                  been completed).

            10.23 We may migrate your web site to a new operating system platform if any of
                  our suppliers cease to provide support for the legacy operating system, if the
                  server used to provide the service fails, or if we determine that the server has
                  (or may) become unreliable. We will tell you beforehand if we intend to
                  migrate your web site to a new operating system platform.

       Charges

            10.24 You must pay the set-up fees and monthly fees set out below in advance.
                  You must pay the additional fees set out below in arrears. The monthly
                  subscription fee may not be reduced if your service is cancelled part way
                  through your billing cycle. If you have been migrated to BigPond’s new
                  environment, the monthly fee will be pro-rated so that you will only pay the
                  monthly fee for the part of the month for which you subscribed to the
                  service.

            10.25 If we issue you with an invoice for any fees payable under these terms, you
                  must pay the invoice within 14 days after the invoice date. If you elect to
                  receive online invoices from us: (a) we may provide you with the online
                  invoices by making them available at the Mission Control panel; and (b) you
                  must regularly check the Mission Control panel for your invoices.

            10.26 You must pay all fees relating to the use of your logon name and password
                  (whether or not that use was authorised by you).

            10.27 You must also pay:




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       (a)     all telecommunications costs and charges arising from or in connection with the
               service; and

       (b)     all government taxes, duties and levies (if any) imposed on either you or us in
               respect of the service or any other service or goods supplied (excluding taxes
               payable on our overall income).

             10.28 Without limiting clause 10.27(b), if GST is imposed on any supply we make
                   to you under these terms, and the fees payable by you for the supply are not
                   inclusive of GST, you authorise us to charge you an amount of GST in
                   addition to the fees payable by you, calculated by multiplying those fees by
                   the prevailing GST rate. You must pay the amount of GST at the same time
                   and in the same manner as the fees are payable.

             10.29 If you provide us with your credit card details, you authorise us to charge all
                   fees and charges to your credit card, and to disclose your credit card details
                   to, and obtain information from, any financial institution or credit card issuer
                   to verify the credit card details that you provide to us. You also authorise us
                   to take steps to verify that there is sufficient credit on your credit card
                   account to meet likely fees.

             10.30 You consent to us obtaining a credit reporting agency report containing
                   personal information about you (as well as information concerning
                   commercial creditworthiness and activities) for the purpose of assessment by
                   us of an application for credit (whether commercial or personal) or for the
                   purpose of the collection of payments which are overdue.

             10.31 We collect, use and disclose personal information as set out in our
                   “Protecting Your Privacy” Statement. The current version of our Privacy
                   Statement is available at
                   http://www.telstra.com.au/privacy/privacy_statement.html.

       Charges for family website hosting

             10.32 We charge you the following for family website hosting services.

             10.33 The monthly subscription fee is payable in full and may not be reduced if
                   your service is cancelled part way through your billing cycle.

             10.34 You can purchase additional web space if required for an additional fee.

             10.35 The monthly data limit is the maximum amount of data that can be
                   downloaded from your site each month (by other users). A per-MB fee will



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                         be charged if this allowance is exceeded. Unused Monthly Usage is forfeited
                         at the end of each month.

                10.36 Additional Domain Name charges apply.

Plan                                Disk Space      Monthly        Monthly fee     Additional      Additional
                                                    data limit                     download        disk space
                                                                                   charge



Family 5                                     5MB          100MB            $2.95       13.2¢/MB       $2.00/MB

Family 10                                   10MB          200MB            $9.95       13.2¢/MB       $2.00/MB

Family 15                                   15MB          250MB           $14.95       13.2¢/MB       $2.00/MB

Family 20                                   20MB          300MB           $19.95       13.2¢/MB       $2.00/MB



           The type of website address for all plans is www.[yourwebsite].bigpondhosting.com

           Charges for small business website hosting

                10.37 We charge you the following for small business website hosting services.

                10.38 Your web address can be (subject to availability):
                      www.[YourDomainName].com.au OR
                      www.[yourwebsite.bigpondhosting].com

                10.39 Additional Domain Name charges apply.

                10.40 Only BigPond Members are eligible for WebSite plans.

                10.41 You can purchase additional web space if required for an additional fee.

                10.42 The monthly data limit is the maximum amount of data that can be
                      downloaded from your site each month. A per-MB fee will be charged if this
                      allowance is exceeded. Unused Monthly Usage will be forfeited at the end of
                      each month.

                10.43 This plan does not include telephone technical support. Mission Control
                      provides each user with online technical support via the Job Logging system




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Plan                           Disk Space     Monthly        Monthly fee    Additional    Additional
                                              data limit                    download      disk space
                                                                            charge



Small Business Website                20MB          300MB          $19.95      13.2¢/MB      $2.00/MB

        Warranties

              10.44 While we use reasonable care and skill in providing the service to you, there
                    are also other warranties in consumer protection laws (such as the Trade
                    Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                    cannot be excluded which may apply to goods or services we supply to
                    consumers, including that services be reasonably fit for their purpose.
                    However, due to the nature of the service, we do not promise that:

        (a)     the service will be uninterrupted or error free;

        (b)     the service will meet your requirements; or

        (c)     the service will be free from external intruders (hackers), virus or worm attack,
                denial of service attack, or other persons having unauthorised access to the
                services or our systems.

              10.45 You warrant that:

        (a)     you have the power to enter into and observe your obligations under these terms;

        (b)     you will conduct such tests and computer virus scanning as may be necessary to
                ensure that data uploaded by you onto, or downloaded by you from, our systems
                does not contain any computer virus and will not in any way, corrupt the data or
                systems of any person;

        (c)     you will keep secure any passwords used with the service; and

        (d)     you have, and will maintain, the necessary authority to grant the rights, consents,
                permissions and licences in clause 10.10.

        Liability

              10.46 The terms that apply to you and us are expressly set out in these terms and
                    those implied by laws that cannot be excluded by us. Other representations
                    or statements we make to you, whether in person, over the phone or in
                    advertising or other materials you received, are not part of these terms.



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                     However, you may have other legal rights in relation to those
                     representations.

             10.47 Clauses 10.47, 10.48 and 10.49 apply to you only if you are a Residential
                   Customer.

             10.48 We accept our liability to you if we breach these terms or act negligently
                   under the principles applied by the courts, except as set out in clauses 12.48
                   and 12.49.

             10.49 As you have taken up the service predominately for personal, domestic or
                   household use, we do not accept liability for any business related losses that
                   result from the use of the service. However, we will accept that liability if it
                   cannot be excluded under any legislation.

             10.50 We are not liable for any loss to the extent that it is caused by you, for
                   example, through your negligence or breach of these terms.

             10.51 Clauses 10.51, 10.52, 10.53, 10.54, 10.55 and 10.56 apply to you only if you
                   are a Business Customer.

             10.52 Given the nature of telecommunications systems (including the service's
                   reliance on systems not owned or controlled by us) we cannot promise that
                   the service will be continuous or fault free. Accordingly, we limit our
                   liability to you for losses resulting from any interruption or delay to your
                   service to an amount equal to the service charges billed for the affected
                   service for the period of the interruption or delay.

             10.53 Subject to clause 10.55, we accept liability arising from our breach of
                   contract or negligence:

       (a)     for any personal injury or death to you, your employees, agents and contractors in
               relation to the supply of the service;

       (b)     for any damage to your real or tangible property resulting from the supply of the
               service, but we limit our liability to our choice of repairing or replacing the
               property or paying the cost of repairing or replacing it; and

       (c)     unless clause 10.51 applies, for any other cost or expense you reasonably incur
               that is a direct result of, and flows naturally from, such breach or negligence (but
               excludes loss of profits, likely savings and data), but we limit our liability for all
               such claims in aggregate to the total amount payable to us under these terms in
               respect of the first year of these terms.



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              10.54 Other than for the liability we accept under clauses 10.45-10.56, we exclude
                    all other liability whether to you or a third party for breach of contract,
                    negligence or breach of any other law. For any liability which cannot
                    lawfully be excluded as it is under clauses 10.45-10.56, our liability is
                    limited to resupplying or paying the cost of resupplying services and
                    repairing, replacing or paying the cost of repairing or replacing goods.

              10.55 Notwithstanding anything else in clauses 10.45-10.56, our liability will be
                    reduced to the extent the loss or damage is caused by you, your employees,
                    agents or contractors.

              10.56 We will not be responsible for any loss or damage arising from
                    circumstances outside our reasonable control.

              10.57 You are liable to us if you breach these terms or act negligently under the
                    principles applied by the courts. However, you are not liable for any loss we
                    suffer to the extent that it is caused by us, for example, through our
                    negligence or breach of these terms.

             For the purposes of this clause:

             Business Customer means a customer who is not a Residential Customer.

             Loss means loss or damage of any kind, however caused, whether in contract, tort (including
             negligence), under any statute or otherwise arising from or related in any way to these terms or its
             subject matter.

             Residential Customer means a customer who takes up the service predominantly to use for
             personal, household or domestic use or consumption.

       Term, Suspension and Termination

              10.58 Either party may terminate the service at any time by providing the other
                    party with at least 30 days’ written notice.

              10.59 If the service is terminated for any reason.

       (a)       you must immediately pay all fees and charges owing up to the date of
                 termination;

       (b)       we may delete all of your data from our systems; and

       (c)       you must immediately delete from your systems all copies of all software.

              10.60 We may from time to time without notice:



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       (a)       suspend the service during any technical failure, modification or maintenance of
                 the service, provided that we use reasonable endeavours to resume the service as
                 soon as reasonably practicable. If this happens, our liability to you is set out under
                 this clause. If we need to suspend your service under this clause, usually we will
                 give you 24 hours’ notice, unless the maintenance is urgent, in which case we will
                 give you as much notice as we reasonably can. We will try to ensure that the
                 limitation or suspension is at night and for as short a period as is reasonable
                 possible; or

       (b)       suspend or disconnect the service or deny access to the service if we reasonably
                 consider that you have failed to comply with any provision of these terms
                 (including failure to pay fees or charges due), or you do, or allow to be done,
                 anything which in our opinion may have the effect of jeopardising the operation of
                 the service and either:

             a) you do not remedy your non-compliance 14 days after we tell you to do so (if the
                non-compliance is of a kind that can be remedied); or

             b) immediately (if the non-compliance is of a kind that cannot be remedied),

             c) or you do, or allow to be done, anything which in our reasonable opinion have the
                effect of jeopardising the operation of the service.

               10.61 If your BigPond Internet service to which these services relate is suspended,
                     disconnected or terminated, then these services may also be suspended,
                     disconnected or terminated.

               10.62 You remain liable to pay all fees and charges set out in these terms during
                     any period of suspension.

               10.63 We may remove, amend or alter any data:

       (a)       upon being made aware of any claim or allegation, or any court order, judgment,
                 determination or other finding of a court or other competent body, that the data is
                 illegal, defamatory, offensive or in breach of a third party's rights (including
                 intellectual property rights and moral rights); or

       (b)       if we reasonably consider that you have failed to comply with any provision of
                 these terms.

             We may not be able to tell you of this beforehand, but will give you notice within 14
             days after the removed/amended or altered data.

               10.64 We are not required to provide you with a copy of your data if:


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       (a)     we suspend or disconnect your service or deny access to the service;

       (b)     remove, amend or alter your data; or

       (c)     these terms are terminated (for any reason).

             10.65 If we provide you with a copy of your data, then we are entitled to charge
                   you an additional fee calculated at the hourly rate set out in the Plan Table
                   for the time taken for us to recover and provide you with that data.

       Additional terms

             10.66 You must comply with:

       (a)     our acceptable use policy; and

       (b)     our operational procedures for the service which are set out in the Mission Control
               User Guide at https://mc-au.server-secure.com

             10.67 If there is any inconsistency between a provision in a document listed in this
                   clause 10 and a provision in another document listed in this clause 10, then
                   the provision in the document listed first below prevails:

       (a)     these terms;

       (b)     our acceptable use policy and

       (c)     our operational procedures for the service which are set out in the Mission Control
               User Guide at https://mc-au.server-secure.com.

       General

             10.68 Either party may exercise a right, power or remedy at its discretion and
                   separately or concurrently with another right, power or remedy. Failure by a
                   party to exercise, or delay in exercising, a right, power or remedy does not
                   prevent its exercise.

             10.69 A provision of, or a right created under these terms, may not be waived
                   except in writing signed by the party granting the waiver.

       Changes to these terms

             10.70 Except as set out in clause 10.70, we can change these terms at any time
                   without notice.



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            10.71 If we consider that a change would cause you detriment, we will tell you
                  about the change by email, post or facsimile at least 30 days before the
                  change will take effect.

            10.72 If you do not tell us that you wish to terminate the service within 42 days
                  after receiving notice of a change under clause 10.70 and you pay the
                  charges for the service provided to you after our notice, the change will
                  apply to you. If you choose to cancel your service under this clause, we will
                  refund you any unused portion of your monthly charges.

            10.73 When we tell you about changes to Our Customer Terms under clause 10.70,
                  unless specified otherwise in the clause, we can do so by bill message, bill
                  insert, direct mail or email (if you have an email address and have agreed for
                  us to tell you about changes to Our Customer Terms by email). In addition
                  to this notice, we may also publish a notice in a national newspaper. These
                  terms are governed by the law in force in the State or Territory of Australia
                  in which you reside.

            10.74 Clauses 10.25, 10.44, 10.57, 10.58, 10.63 and this clause survive the
                  termination (for any reason) of these terms.

11     Premium Website Hosting and add ons
       General

            11.1   We will provide you with the service using shared infrastructure. The
                   features of your service, and the levels of storage space and traffic that are
                   permitted, depend upon your selected plan and what add ons you select and
                   are specified below.

            11.2   We will provide you with at least one logon name and password ("VS"
                   number) to allow you to access the Mission Control panel (which may be
                   used by you to configure various features of your service).

            11.3   We will archive your data onto backup mechanisms on a regular basis for the
                   purposes of disaster recovery. In the event of equipment failure or data
                   corruption, we will use reasonable endeavours to restore your data from the
                   last known good archive. Notwithstanding our backup regimes, you must
                   maintain a recent copy of your data at your premises at all times. You will
                   ensure that all of your data is accessible by us at the time that a backup is to
                   be carried out (including ensuring that files are not locked or in use during
                   this time). Any of your data that is not accessible by us at the time that a




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                     backup is carried out will not be backed up. We do not warrant that backups
                     will:

       (a)     occur on every scheduled occasion;

       (b)     be complete; or

       (c)     be uncorrupted. We will not be liable for incomplete, out-of-date, corrupt or
               otherwise deficient data recovered from our backups where we have acted with
               reasonable care.

             11.4    You are responsible for developing, installing and maintaining your data.
                     You must have appropriate and compatible equipment, software and Internet
                     access to upload your data to our systems.

             11.5    You are solely responsible for dealing with persons who access your data,
                     and must not refer complaints or inquiries in relation to your data to us.

             11.6    You must adopt appropriate measures to ensure the security of your logon
                     name, password and data.

             11.7    You must advise us in a timely manner if you have reason to suspect that the
                     service is being used contrary to these terms.

             11.8    We encourage you to use appropriate warnings and labelling systems for any
                     of your data that is likely to be considered unsuitable for children under
                     Australian law and associated classification guidelines

             11.9    The service is provided from data centres in Australia. We will determine, in
                     our absolute discretion, the location from which your service is provided
                     from time to time.

             11.10 You grant to us all rights, consents, permissions and licences necessary to
                   enable us and our subcontractors and suppliers to legally view, copy and
                   store your data for the sole purpose of performing our obligations under
                   these terms or any law.

             11.11 No title in the hardware, infrastructure or facilities used by us to deliver the
                   service passes to you at any time.

             11.12 We grant you a non-exclusive, non-transferable licence to use the software
                   for the sole purpose of using the service on these terms.




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             11.13 You must not use, or permit any person to use, the software in any way that
                   is not permitted by these terms.

             11.14 Without limiting clause 11.13, you must not:

       (a)     use the software on behalf of, or for the benefit of, any other person; or

       (b)     disassemble, reverse engineer or create more than one copy of the software
               (unless you have a statutory right to disassemble, reverse engineer or create more
               than one copy of the software, in which case you must only do so to the extent
               permitted by your statutory right).

       Limitations of the service

             11.15 The service is not available if you are a Telstra wholesale customer.

       Premium website hosting plans

             11.16 The Premium Hosting plans include the following:

       (a)     an allocated amount of disk space;

       (b)     up to 9,999 mailboxes for your staff and incoming mail streams (enquiries, info,
               jobs, etc);

       (c)     pre-written Common Gateway Interface (CGI) scripts;

       (d)     allowance for customers and prospects to download an allocated amount of
               images and information each month; and

       (e)     website builder.

             11.17 Details of Premium Hosting Plans are set out in the charges section below.

       Charges for premium hosting

             11.18 You must pay the set-up fees and monthly fees set out below in advance.
                   You must pay the additional fees set out below in arrears.

             11.19 You must pay fees for all add ons you select in accordance with the
                   applicable add on terms.

             11.20 If we issue you with an invoice for any fees payable, you must pay the
                   invoice within 14 days. If you elect to receive online invoices from us:



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       (a)     we may provide you with the online invoices by making them available at the
               Mission Control panel; and

       (b)     you must regularly check the Mission Control panel for your invoices.

             11.21 You must pay all fees relating to the use of your logon name and password
                   (whether or not that use was authorised by you).

             11.22 You must also pay:

       (a)     all telecommunications costs and charges arising from or in connection with the
               service; and

       (b)     all government taxes, duties and levies (if any) imposed on either you or us in
               respect of the service or any other service or goods supplied (excluding taxes
               payable on our overall income).

             11.23 Without limiting clause 11.22(b), if GST is imposed on any supply we make
                   to you under these terms, and the fees payable by you for the supply are not
                   inclusive of GST, you authorise us to charge you an amount of GST in
                   addition to the fees payable by you, calculated by multiplying those fees by
                   the prevailing GST rate. You must pay the amount of GST at the same time
                   and in the same manner as the fees are payable.

             11.24 If you provide us with your credit card details, you authorise us to charge all
                   fees and charges to your credit card, and to disclose your credit card details
                   to, and obtain information from, any financial institution or credit card issuer
                   to verify the credit card details that you provide to us. You also authorise us
                   to take steps to verify that there is sufficient credit on your credit card
                   account to meet likely fees.

             11.25 You consent to us obtaining a credit reporting agency report containing
                   personal information about you (as well as information concerning
                   commercial creditworthiness and activities) for the purpose of assessment by
                   us of an application for credit (whether commercial or personal) or for the
                   purpose of the collection of payments which are overdue.

             11.26 We collect, use and disclose personal information as set out in our
                   “Protecting Your Privacy” Statement. The current version of our Privacy
                   Statement is available at
                   http://www.telstra.com.au/privacy/privacy_statement.html.

             11.27 We charge you the following for premium hosting services:



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        Plan                                   Disk Space       Monthly data      Set-up fee            Monthly fe
                                                                limit



        Premium Hosting 200                             200MB          10000MB                 $64.00        $39.



        Premium Hosting 500                             500MB          20000MB                 $97.00        $65.



        Premium Hosting 800                             800MB          30000MB             $105.00           $89.



        Premium Hosting 3000                           3000MB          40000MB             $105.00          $329.




               11.28 We charge you the following for premium hosting services provided under
                     old plans

        Plan                                   Disk Space       Monthly data      Set-up fee            Monthly fe
                                                                limit



        Premium Hosting 100                             100MB           1000MB                 $64.00



        Premium Hosting 250                             250MB           2000MB                 $97.00



        Premium Hosting 400                             400MB           3000MB             $105.00




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        Plan                                     Disk Space        Monthly data      Set-up fee         Monthly fe
                                                                   limit



        Premium Hosting 1500                              1500MB            4000MB            $105.00            $




               11.29 Each plan includes up to 9999 mailboxes.

               11.30 The monthly data limit is the maximum amount of data that can be
                     downloaded from your site each month. A per-MB fee will be charged if this
                     allowance is exceeded. Unused Monthly Usage will be forfeited at the end of
                     each month.

               11.31 Domain name charges are payable if you request us to register a domain on
                     your behalf. Domain Name management services are $49/year per top level
                     domain name and $135/year per 2 year period per .au domain name.

               11.32 You do not have to be a BigPond Member to be eligible for Premium
                     Hosting plans.

               11.33 You can purchase additional web space if required for an additional fee. You
                     must pay an additional disk space fee if your actual disk space exceeds the
                     Maximum Disk Space for your plan unless you have purchased a 50MB
                     additional disk space add on (see add on terms) and you do not exceed the
                     additional disk space you purchase.



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            11.34 The monthly data limit is the maximum amount of data that can be
                  downloaded from your site each month. A per-MB fee will be charged if this
                  allowance is exceeded. Unused Monthly Usage will be forfeited at the end of
                  each month.

            11.35 If your selected plan is Premium Hosting 100, Premium Hosting 200,
                  Premium Hosting 250, Premium Hosting 400, Premium Hosting 500 or
                  Premium Hosting 800 and your actual data download in any month exceeds
                  the Maximum Monthly data download for your plan, you must pay an
                  additional fee calculated by multiplying the amount of excess data
                  transferred from your website by the rate set out above.

            11.36 If your selected plan is the Premium Hosting 1500 or Premium Hosting 3000
                  plan and your actual data download in any month exceeds the Maximum
                  Monthly data download for your plan, you must pay an additional fees
                  calculated using the formula set out in the table above.




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       Other charges

            11.37 The changes for Data Recovery from backup tape are set out in the table
                  below.

            11.38 A monthly account keeping fee is payable if you elect to receive a monthly
                  invoice rather than use the auto debit billing option. The monthly account
                  keeping fee is $3.50 per customer account (identified by a unique 'vs'
                  number) is set out in the table below.

            11.39 Standard Website Builder is included in monthly hosting fee. Advanced
                  Website builder is available for the fee set out in the table below.


        Service                                                       Price



        Data Recovery from backup tape                                            $135/hour

        Monthly account keeping fee                                           $3.50/account

        Upgrade to Advanced Website Builder                                       $5/month


       Add ons

            11.40 You may apply to receive one or more add ons if you are Premium Hosting
                  plan customer. If you change plans and are no longer eligible to receive an
                  add on under your new plan, we may cease providing that add on to you.

       Website builder add on

            11.41 Website builder enable you to create, edit and manage your own website.
                  Standard Website Builder is available as an Add-On to the Premium Hosting
                  200, 500, 800 and 3000 plans. Advanced Website Builder is available as an
                  Add-On to the Premium Hosting 500, 800 and 3000 plans.

            11.42 Content created using Advanced Website Builder cannot be migrated back to
                  Standard Website Builder if you choose to downgrade (and will need to
                  rebuild your website).

            11.43 If you cancel your Premium Hosting service, all content created using




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                    Website Builder will be permanently erased.

            11.44 If you use the eShop component of Advanced Website Builder, you may
                  need to enter into separate agreements with third party service providers (eg
                  e-commerce payment providers). We are not responsible for the conduct of
                  any third party provider you contract with.

            11.45 We charge you the following for website builder add on services:

        Premium Hosting and Website Builder Plan Name         Usage                Monthly fee
                                                              Allowance


        Standard                                                          200MB              $39.95

                                                                          500MB              $65.95

                                                                          800MB              $89.95

                                                                        3000MB              $329.95

        Advanced                                                          500MB              $70.95

                                                                          800MB              $94.95

                                                                        3000MB              $334.95



          Cost includes the Premium Hosting plan and the Website Builder Add-On.

       Business mail add-ons

            11.46 Business mail add ons enable you to add mailboxes to extend your email
                  system up to a maximum of 500 mailboxes.

            11.47 The Business Mail add on products can only be used in conjunction with
                  BigPond Premium Hosting services.

            11.48 Your charges depend on whether you take up the service on a monthly or
                  yearly basis.

            11.49 We charge you the following for monthly business mail add on services:




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        Plan                                               Additional            Monthly fee
                                                           mailboxes


        Business Mail 10                                                   10                 $22.00

        Business Mail 50                                                   50                 $49.00

        Business Mail 100                                                 100                 $99.00

        Business Mail 200                                                 200             $198.00

        Business Mail 500                                                 500             $495.00



               11.50 We charge you the following for yearly business mail add on services:

        Plan                                               Additional            Yearly fee
                                                           mailboxes


        Business Mail 10                                                   10             $220.00

        Business Mail 50                                                   50             $495.00

        Business Mail 100                                                 100             $990.00

        Business Mail 200                                                 200            $1980.00

        Business Mail 500                                                 500            $4950.00



       Web forum add on

               11.51 Web forum add on is a web based tool that provided communications
                     solutions for communities.

               11.52 We charge you the following for web forum add on services:

        Add on                                             Monthly fee



        Web forum add on                                                $11.00




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               11.53 [not used]

               11.54 [not used]

               11.55 [not used]

               11.56 [not used]

               11.57 [not used]

               11.58 [not used]



       Microsoft windows streaming media - on demand streaming add-on

               11.59 The on demand streaming add on allows users to click on a link to listen
                     and/or watch an audio or video file that you have uploaded.

               11.60 This add-on is only available to customers who have the necessary software
                     to produce media files in the format needed by the Premium Hosting
                     Windows Media Streaming server. We do not supply any of this software.

               11.61 Before you can upload a piece of audio or video to the servers, it must be
                     encoded using On Demand Windows Media Streaming Audio and Video
                     which you must obtain.

               11.62 We charge you the following for Microsoft windows streaming media add on
                     services:

        Plan                                                 Outbound data     Monthly fee
                                                             allowance


        Single Stream                                                 500MB              $16.00

        Five Streams                                                 3000MB              $55.00

        Ten Streams                                                  6000MB              $88.00




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               11.63 You nominate the number of streams. Once the complimentary outbound
                     data has been expended, additional data is charged at 13.2¢/MB.

       Additional mailing lists add on

               11.64 Additional mailing lists allow you to email up to 10000 subscribers from a
                     single email address.

               11.65 All premium hosting plan customers received one mailing list that allows
                     you to send up to 1000 subscribers at no additional cost. You may pay extra
                     to expand the number of subscribers up to 10000.

               11.66 When you purchase Additional Mailing Lists or Additional Subscribers, you
                     are not purchasing lists of names or email addresses - you are purchasing the
                     ability to send email to all of the subscribers in your mailing list at once.

               11.67 No email names or addresses are provided.

               11.68 We charge you the following for additional mailing list add on services:

        Plan                                                Number of             Price
                                                            mailing list
                                                            subscribers

        Monthly plan                                                1000/month             $11.00

        Yearly plan                                                   1000/year           $110.00



       Additional security tokens

               11.69 Each Premium hosting plan has an allocated number of tokens. Additional
                     tokens may be purchased up to a maximum of 26 per plan.

               11.70 We charge you the following for additional security token add on services:

        Add on                                              Price



        Additional security token                                   $5.00/token




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       Additional data sources add-on

               11.71 Data source names allow you to connect your website to a SQL Service 2000
                     database.

               11.72 The Additional data sources add on is not available for Premium hosting 100
                     or 2000 plan customers.

               11.73 Data source names can be created upon request, however we strongly
                     recommend you utilise Object Linking and Embedding Database connection
                     methods.

               11.74 We charge you the following for additional data sources add on services:

        Add on                                             Price



        Additional data sources add-on                             $66.00/DSN



       Macromedia coldfusion mx add-on

               11.75 The ColdFusion add-on is only available to BigPond Premium Hosting 800
                     and BigPond Premium Hosting 3000 plan customers with ColdFusion
                     Studio.

               11.76 To request that this Macromedia ColdFusion MX Add-On be added to your
                     service, you will need to access the 'Add Product' feature inside Mission
                     Control.

               11.77 ColdFusion Studio is not provided by us. You must own a compatible
                     version of ColdFusion Studio.

               11.78 The charges depend on whether you subscribe on a monthly or annual basis.

               11.79 We charge you the following for macromedia coldfusion mx add on services:

        Plan                                               Price



        Premium 800 (Monthly)                                  $15.00/month




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        Plan                                                  Price



        Premium 3000 (Monthly)                                    $50.00/month

        Premium Hosting 800 (Yearly)                              $165.00/year

        Premium Hosting 3000 (Yearly)                             $550.00/year



       SQL database add-on

               11.80 Provisioning

       (a)       This add on is only available to premium hosting 800 and 3000 customers.

       (b)       Databases will be stored on a SQL 2000 Server.

       (c)       BigPond Premium Hosting plan customers can host on Premier SQL servers or
                 Standard SQL servers (SQL 2000). Standard 2000 Server service customer will
                 receive a single database up to 50MB and 10 simultaneous user connections.
                 Premium SQL 2000 customers will receive a single database up to 150MB and 35
                 simultaneous user connections.

               11.81 Product features

       (a)       Customers whose databases exceed the number of user connections for their level
                 will have their excess connections automatically terminated. We take no
                 responsibility for problems caused by the termination of excessive user
                 connections.

       (b)       SQL Replication is not supported.

       (c)       We will only supply a hosting environment, not a testing environment. Customers
                 hosting SQL databases should run the database in a similar environment in their
                 premises and test off line.

       (d)       Full-text search support is provided for character-based data on the SQL 2000
                 Servers. The Full-Text Search facilities can be used to create special indexes of all
                 pertinent words in selected columns of selected tables. Administration of full-text
                 indexes can be managed either through SQL Server Enterprise Manager or
                 through a new set of stored procedures. Additional new stored procedures can be



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                  used to obtain information about full-text indexes. The space taken up by the Full-
                  Text Search indexes is included in the space quota for your site.

               11.82 Pre-requisites for Premier SQL Hosting

                  Premium Hosting 1000 customers wishing to host their database on a SQL 2000
                  server are required to meet the Pre Requisites for Premier SQL Hosting as
                  outlined below:

       (a)        Customers will design their Web-SQL applications to use the SAME user
                  connection. Opening individual user session connections to the database is
                  undesirable and not recommended.

       (b)        At least one member of the development team responsible for development of the
                  SQL database possesses at least two years experience in SQL Server development
                  and/or has a Microsoft certification (MCSD or MCDBA).

       (c)        Customer's SQL Server development team follows a formal testing process that
                  tests all application components prior to deploying to the SQL Premier Site server.

       (d)        The SQL Server development team will apply the following SQL Server
                  development best practices guidelines which may be viewed at http://admin-
                  au.server-secure.com/bestpractices/sql/:

             a) Normalise the database design to 3rd Normal Form and use controlled redundancy
                as a last resort;

             b) Do not use or design an application that allows users to fill in edit boxes that
                generate a long-running query. For example, do not use or design an application
                that prompts the user for inputs but rather allows certain fields to be left blank or a
                wildcard to be entered. This may cause the application to sub a query with an
                excessive running time, thereby causing a blocking problem;

             c) Do not use or design an application that allows user input within a transaction;

             d) Allow for query cancellation;

             e) Use a query or lock time out to prevent a runaway query and avoid distributed
                deadlocks;

             f) Immediately fetch all result rows to completion;




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          g) Keep transactions as short as possible and avoid nesting transactions;

          h) Explicitly control connection management;

          i) Use Stored procedures where possible. When calling a stored procedure avoid
             returning single row result sets, instead use stored procedure output parameters.
             Insert error handling after each insert, delete and update SQL statement to ensure
             stored procedure robustness;

          j) If returning large result sets to the client, develop a method of returning only the
             number of rows that can fit in the screen at the one time. See article on "Just-In-
             Time Record Set Creation";

          k) When returning result sets, ensure the SQL statement is as selective as possible to
             minimise the number of rows retrieved, retrieve only the columns required and
             minimise network round trips;

          l) Construct SQL Query statements using efficient techniques; and

          m) Use selective WHERE clause with a supporting index, avoid negative equality
             clauses and minimise OR logic, use IF EXISTS instead of Select Count(*), use
             EXISTS instead of IN, avoid large sorts by minimising use of DISTINCT, ORDER
             BY, GROUP BY and by matching search arguments and ORDER BY clause with a
             supporting index, minimise the number tables in a join (rule of thumb is <= 4
             tables).

          n) Test SQL statements prior to implementation. Check for an efficient execution
             plan, resource usage (CPU, IO, Memory, Worktable space).

          o) Avoid using large Server Side cursors

              11.83 We charge you the following for SQL database add on services:

       Plan                                                Set up    Monthly fee
                                                           fee


       BigPond Premium Hosting 800                         $121.00                 $15.00

       BigPond Premium Hosting 3000                        $121.00                 $30.00




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       SQL Lite add-on

            11.84 The SQL Lite Add-On is only for use with the Premium 500 product.
                  Premium 500 customers can only have their database hosted on the SQL Lite
                  Add-On server.

            11.85 If database and transaction log storage greater than 25MB is required, you
                  will need to upgrade your Premium Hosting plan to Premium 800 with a
                  Standard SQL Add-On or Premium 3000 with a Standard/Premier SQL Add-
                  On.

            11.86 Additional SQL disk space is not available with this product. If a larger
                  database is required, you will need to upgrade your Premium Hosting plan
                  and SQL Add-On product.

            11.87 Customers whose databases exceed the number of user connections
                  permitted for their plan will find that their excess connections will be
                  automatically terminated. We take no responsibility for problems caused by
                  the termination of excessive user connections.

            11.88 We provide a hosting environment - not a testing environment. Customers
                  hosting SQL databases should be running the database in a similar
                  environment in their premises and testing offline.

            11.89 We charge you the following for Microsoft windows streaming media add on
                  services:

        Add on                                           Set up fee            Monthly fee



        SQL Lite add-on                                               $65.00            $11.00



       Domain specific SSL keys add-on

            11.90 We can apply for a Domain Specific SSL key from third parties on your
                  behalf. The selected third party suppliers' terms apply. Your agreement will
                  be with your selected third party supplier.

            11.91 This add on is only available for Premium 400, 800, 1500 and 3000




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                     customers.

             11.92 You will need to complete and sign the applicable application forms and
                   third party terms.

             11.93 Costs vary depending on the type of key that is chosen. We charge you the
                   following for domain specific SSL keys add on services:

        Key type                                           Yearly fee



        Comodo 128 bit SSL Key                                      $250.00

        Thawte 40 bit SSL key                                       $495.00

        Thawte 128 bit SSL key                                      $935.00

        Verisign 40 bit SSL key                                     $825.00

        Verisign 128 bit SSL key                                  $1,980.00



       Domain Name Management service

             11.94 Domain name management services are only available to Premium Hosting
                   plan customers.

             11.95 If you request us to register a .com, .net, .org, .biz, or .info domain name
                   ("TLDs" or "Top Level Domains") on your behalf, you must read and accept
                   the General Registrar Policy applicable to .com, .net, .org, .biz and .info
                   domain names issued by the registrar TPP Internet located at
                   http://www.tppinternet.com/pub/dotau/terms.php, as amended from time to
                   time.

             11.96 If you request us to register a .com, .net or .org domain name on your behalf,
                   you must comply with any Policy applicable to .com, .net and .org domain
                   names issued by the Internet Corporation for Assigned Names and Numbers
                   ("ICANN") from time to time.

             11.97 In the event of a dispute in registering a TLD, or a dispute about a TLD after
                   registration, you will:

       (a)     submit to and be bound by Uniform Domain Name Dispute Resolution Policy



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                  located at , as amended from time to time; and

       (b)        be subject to arbitration, suspension or cancellation by any ICANN procedure, or
                  by any registry administrator procedure approved by ICANN policy, relating to:

             a) the correction of mistakes by us or the registry administrator in registering the
                domain name; or

             b) the resolution of disputes concerning the domain name.

               11.98 If you request us to register a .com.au, .id.au, .net.au or .org.au domain name
                     (.au Domains) on your behalf, you must read and accept:

       (a)        the policies applicable to terms for .au Domain Name Licences issued by the
                  registrar TPP Internet located at http://www.tppinternet.com/pub/dotau/terms.php,
                  as amended from time to time; and

       (b)        the .au 2LD Domain Name Eligibility and Allocation Policy Rules issued by .au
                  Domain Administration Limited (auDA) located at
                  http://www.auda.org.au/docs/auda-2002-07.txt, as amended from time to time.

               11.99 In the event of a dispute in registering a .au Domain, or a dispute about a .au
                     Domain after registration, you will submit to and be bound by the .au
                     Dispute Resolution Policy (auDRP) located at
                     http://www.auda.org.au/docs/auda-2002-22.txt, as amended from time to
                     time.

               11.100 By maintaining the registration of a domain name after changes to the
                      applicable policies become effective, you accept those changes.

               11.101 In the event of a dispute regarding a domain name, you will submit to the
                      jurisdiction of the courts as provided in the applicable policies.

               11.102 You must pay any registration or delegation charges to us in advance. A
                      domain name cannot be registered unless you pay for it in advance.

               11.103 We make no representations and give no warranties regarding the availability
                      of your chosen domain name.

               11.104 You authorise and direct us to nominate Telstra Corporation Limited ABN
                      33 051 775 556 as the authorised billing contact for your domain name.




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            11.105 We are not liable for any loss or damage resulting from the non-renewal of
                   your domain name if you fail to provide us with consent to renew the domain
                   name registration or you delay in providing us with such consent. By
                   providing us with your consent to renew the domain name registration, you
                   warrant that you are, and will remain, eligible to register the domain name
                   during the renewal period.

            11.106 You indemnify us against all claims arising out of the registration, use or
                   renewal of your domain name, unless and to the extent that the claim arises
                   out of our breach of these terms, or our negligent act or omission.

       Service and Maintenance

            11.107 If your selected plan is a Premium Hosting plan and you experience a
                   problem with the service, you should report it to our Customer Service
                   Centre by telephoning 1800 002 609. If your selected plan is a Basic Hosting
                   Plan and you experience a problem with the service, you should report it to
                   us by using the Mission Control panel.

            11.108 If you experience a problem with any component of an add on supplied to
                   you under a contract between you and a third party, you should contact the
                   third party for support directly.

            11.109 We may perform scheduled maintenance to the systems that we use to
                   provide the service. We will attempt to perform all scheduled maintenance at
                   times which will affect the fewest customers. If the scheduled maintenance
                   requires the service to be unavailable a continuous period of greater than 30
                   minutes, we will post details of the times during which the scheduled
                   maintenance is due to occur on the Web Host System News at least 48 hours
                   prior to the maintenance.

            11.110 We may perform unscheduled maintenance to the systems that we use to
                   provide the service. If the unscheduled maintenance requires the service to
                   be unavailable for a continuous period of greater than 30 minutes, we will
                   post details of the unscheduled maintenance on the Web Host System News
                   after the maintenance has been completed.

            11.111 We may migrate your web site to a new operating system platform if any of
                   our suppliers cease to provide support for the legacy operating system, if the
                   server used to provide the service fails, or if we determine that the server has
                   (or may) become unreliable. We will try to tell you if we intend to migrate




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                      your web site to a new operating system platform.

       Warranties and Indemnity

             11.112 The terms that apply to you and us are expressly set out in these terms and
                    those implied by laws that cannot be excluded by us. Other representations
                    or statements we make to you, whether in person, over the phone or in
                    advertising or other materials you received, are not part of these terms.
                    However, you may have other legal rights in relation to those
                    representations.

             11.113 Without limiting clause13.112, we do not warrant that:

       (a)      the service will be uninterrupted or error free;

       (b)      the service will meet your requirements; or

       (c)      the service will be free from external intruders (hackers), virus or worm attack,
                denial of service attack, or other persons having unauthorised access to the
                services or our systems.

       This clause is not intended to limit your rights under consumer protection legislation.

             11.114 You warrant that:

       (a)      you have the power to enter into and observe your obligations under these terms;

       (b)      you have not relied on any representation made by us or upon any descriptions or
                illustrations or specifications contained in any document including any catalogues
                or publicity supplied by us;

       (c)      you will conduct such tests and computer virus scanning as may be necessary to
                ensure that data uploaded by you onto, or downloaded by you from, our systems
                does not contain any computer virus and will not in any way, corrupt the data or
                systems of any person;

       (d)      you will keep secure any passwords used with the service; and

       (e)      you have, and will maintain, the necessary authority to grant the rights, consents,
                permissions and licences in clause 11.10.

             11.115 You must indemnify us, our employees, contractors and agents against all
                    damages, costs, charges, liabilities and expenses arising out of or in




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                     connection with:

       (a)     the use or attempted use of the service by a person (including you) using your
               logon name and password with, or without, your authority;

       (b)     any fault in the service due to your negligence or wilful misuse, or any
               unauthorised use of the service; and

       (c)     your breach of these terms.

       Liability

             11.116 We accept liability for the supply of the service but only to the extent
                    provided in this clause.

             11.117 We accept liability where:

       (a)     the service is not supplied with due care and skill;

       (b)     any material supplied in connection with the service is not reasonably fit for the
               purpose for which it was supplied; and

       (c)     we are otherwise required to do so by the Trade Practices Act.

             11.118 To the extent (if any) that the service is not of a kind ordinarily acquired for
                    personal, domestic or household use, our liability under clause 11.117 is
                    limited to, at our option:

       (a)     resupplying or paying for the costs of having the services resupplied, if the
               liability relates to services; or

       (b)     repairing the goods or refunding the purchase price of the goods, if the liability
               relates to goods.

             11.119 Other than liability accepted by us in clause 11.117, we exclude all liability
                    for indirect and consequential loss or damage of any kind, loss or corruption
                    of data, loss of revenue, loss of profits, failure to realise expected profits or
                    savings and any other commercial or economic loss of any kind, in contract,
                    tort (including negligence), under any statute or otherwise arising from or
                    relating in any way to these terms and/or its subject matter.

             11.120 Other than liability accepted by us in clause 11.117, our total liability for loss
                    or damage of any kind not excluded by clause 11.119, however caused, in



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                     contract, tort (including negligence), under any statute or otherwise arising
                     from or relating in any way to these terms and/or its subject matter is limited
                     in aggregate for any and all claims to $10.

       Term, Suspension and Termination

             11.121 Either party may terminate the service at any time by providing the other
                    party with at least 30 days’ written notice.

             11.122 If your service is terminated for any reason:

       (a)     you must immediately pay all fees and charges owing up to the date of
               termination (without any deduction or set-off of any kind);

       (b)     we may delete all of your data from our systems; and

       (c)     you must immediately delete from your systems all copies of all software.

             11.123 We may from time to time without notice suspend or disconnect the service
                    or deny access to the service:

       (a)     during any technical failure, modification or maintenance of the service, provided
               that we use reasonable endeavours to resume the service as soon as reasonably
               practicable. If we need to suspend your service under this clause, usually we will
               give you 24 hours’ notice, unless the maintenance is urgent, in which case we will
               give you as much notice as we reasonably can. We will try to ensure that the
               limitation or suspension is at night and for as short a period as is reasonable
               possible; or

       (b)     we consider that you have failed to comply with any provision of these terms
               (including failure to pay fees or charges due), or you do, or allow to be done,
               anything which in our opinion may have the effect of jeopardising the operation of
               the service.

             11.124 You remain liable to pay all fees and charges during any period of
                    suspension or disconnection or denial of access.

             11.125 We may (without notice) remove, amend or alter any data:

       (a)     upon being made aware of any claim or allegation, or any court order, judgment,
               determination or other finding of a court or other competent body, that the data is
               illegal, defamatory, offensive or in breach of a third party's rights (including




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               intellectual property rights and moral rights); or

       (b)     if we consider that you have failed to comply with any provision of these terms.

             11.126 We are not required to provide you with a copy of your data if:

       (a)     we suspend or disconnect your service or deny access to the service;

       (b)     remove, amend or alter your data; or

       (c)     your service is terminated (for any reason).

             11.127 If we provide you with a copy of your data, then we are entitled to charge
                    you an additional fee calculated at the hourly rate the charges section above
                    for the time taken for us to recover and provide you with that data.

       Additional terms

             11.128 You must comply with:

       (a)     the add on terms that are applicable to your selected add ons;

       (b)     our acceptable use policy set out in the Part A - General Terms for BigPond
               services section of Our Customer Terms here;

       (c)     our operational procedures for the service which are set out in the Mission Control
               User Guide at https://mc-au.server-secure.com

             11.129 If there is any inconsistency between a provision in a document listed in this
                    clause 11.129 and a provision in another document listed in this clause
                    11.129, then the provision in the document listed first below prevails:

       (a)     these terms;

       (b)     the add on terms that are applicable to your selected add ons;

       (c)     our acceptable use policy; and

       (d)     our operational procedures for the service.

       General

             11.130 Either party may exercise a right, power or remedy at its discretion and



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                    separately or concurrently with another right, power or remedy. Failure by a
                    party to exercise, or delay in exercising, a right, power or remedy does not
                    prevent its exercise.

            11.131 A provision of, or a right created under these terms, may not be waived
                   except in writing signed by the party granting the waiver.

            11.132 Subject to clause 11.133, we can change these terms, the add on terms, our
                   acceptable use policy set out in Part A - General Terms for BigPond services
                   of the BigPond service section of Our Customer Terms or our operational
                   procedures for the service at any time.

            11.133 If we change any of the documents listed in clause 11.132 in a manner which
                   we reasonably consider would cause detriment to you, we will tell you of the
                   change at least 14 days in advance. Our assessment of whether a change
                   would cause detriment to you will include consideration of your usage
                   patterns over the 3 months immediately preceding the change. If we
                   reasonably consider that a change causes detriment to you and tell you of the
                   change but you do not accept the change, you may terminate the service but
                   you must tell us of such termination within 14 days of our notice. If you tell
                   us that you wish to terminate the service, the termination will take effect
                   from the date that the change of the document listed in clause 13.132 comes
                   into effect, as specified in our notice. If you use the service beyond the date
                   of the change, the change will apply to you. If you choose to cancel your
                   service under this clause, we will refund you any unused portion of your
                   monthly charges.

            11.134 When we tell you about changes to Our Customer Terms under clause
                   11.133, unless specified otherwise in the clause, we can do so by bill
                   message, bill insert, direct mail or email (if you have an email address and
                   have agreed for us to tell you about changes to Our Customer Terms by
                   email). In addition to this notice, we may also publish a notice in a national
                   newspaper.

            11.135 Notices can be provided under these terms by email, post or facsimile. We
                   may tell you by email of any matters relating to these terms, including any
                   changes to these terms. You must regularly check the email address that you
                   provide to us. If we elect to provide notice to you by email, you will be taken
                   to have received the email notification, in the absence of any evidence to the
                   contrary.

            11.136 You may not resell services or assign any of your rights or obligations under



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                    these terms without our prior written consent. We may transfer or novate any
                    of our rights or obligations under these terms to a reputable, credit worthy
                    third party who agrees to be bound by our obligations under these terms. If
                    we do so, we will try to notify you beforehand (otherwise we will tell you
                    within 30 days after the transfer).

             11.137 The terms that apply to you and us are expressly set out in these terms and
                    those implied by laws that cannot be excluded by us. Other representations
                    or statements we make to you, whether in person, over the phone or in
                    advertising or other materials you received, are not part of these terms.
                    However, you may have other legal rights in relation to those
                    representations.

             11.138 These terms are governed by the law in force in New South Wales, Australia.

             11.139 Clauses 11.21, 11.112-11.115, 11.122 and this clause survive the
                    termination (for any reason) of these terms.

12     Online Storage
             12.1   BigPond Online Storage is an online storage service that is accessible
                    through the Internet and from a web browser. Using BigPond Online
                    Storage, you can secure, backup and access your data remotely.

             12.2   The features of your service and the levels of storage space that are permitted
                    depend upon your selected plan and are specified below.

             12.3   The service includes the software, Online Storage Desktop Client, for
                    downloading onto your PC. It includes any documentation provided in
                    "online" or electronic form and any updates to the software or
                    documentation.

             12.4   The service does not include:

       (a)     correction of errors or defects caused by the operation of the service in a manner
               other than that specified in these terms;

       (b)     diagnosis or rectification of faults not associated with BigPond Online Storage;

       (c)     installation of the software or any on-site service; or

       (d)     any telecommunications services or Internet access required to access BigPond



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               Online Storage.

       Your obligations

             12.5   You must:

       (a)     be the same person as the customer of the BigPond Internet service to which this
               service relates;

       (b)     comply with any terms set out in the charges section below;

       (c)     pay all fees and charges associated with your use of the service;

       (d)     promptly tell us if you believe or suspect that the service has been compromised
               or are being used in a manner that breaches these terms; and

       (e)     regularly check your default email address allocated by us for messages about
               your service (or, if you have arranged for emails sent to your default email address
               to be forwarded to an alternate email address, you must check that alternate email
               address).

             12.6   You must maintain your BigPond Internet service in order to receive the
                    online storage service.

             12.7   We will use reasonable care and skill in providing the service. There are
                    also other warranties in consumer protection laws (such as the Trade
                    Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                    cannot be excluded which may apply to goods or services we supply to
                    consumers, including that services be reasonably fit for their purpose.
                    However, we do not promise that the service will be continuous, accessible
                    at all times or fault-free.

       Plan Terms

             12.8   We may make available different BigPond Online Storage plans from time to
                    time as specified at our website.

             12.9   You must comply with the plan terms that are applicable to your selected
                    plan.




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       Availability

             12.10 In order to use the service, you must:

       (a)     be the primary account holder of an existing BigPond Dial-Up or Broadband
               Internet service customer; and

       (b)     have access to an Internet connection.

             12.11 BigPond Pre-Paid Dial-Up customers are not able to use the service.

             12.12 Only the primary account holder may purchase the service and can access the
                   service. For the avoidance of doubt, if there are additional users who use
                   your Internet connection other than the primary account holder, then these
                   additional users are not allowed to purchase, access or use the service.

             12.13 The service is not available if you are a Telstra wholesale customer or an end
                   user of a Telstra wholesale customer.

       Charges

             12.14 You must pay the charges set out in below for your service by the date
                   specified on your bill.

             12.15 Any monthly or annual fees may be payable in advance and we may issue
                   your first invoice when your service commences. If your service is
                   terminated for any reason, we may issue a final invoice immediately.

             12.16 If any amount is unpaid after the due date for payment specified on any
                   invoice, we may (without affecting any of our other rights under these
                   terms), do any or all of the following:

       (a)     if the amount remains outstanding for 30 days after the due date, terminate there
               terms;

       (b)     if the amount remains outstanding for 60 days and we have reasonable grounds for
               believing you represent a credit risk, terminate or disconnect any other which we
               supply to you.

             12.17 We charge you the following for domain specific SSL keys add on services:




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        Storage Options                                            Storage               Monthly fee
                                                                   Allowance


        Personal                                                               100MB                     $2.50

                                                                               300MB                     $5.95

                                                                               800MB                    $12.95

        Professional                                                           100MB                     $4.95

                                                                               500MB                    $10.95

                                                                             2000MB                     $24.95



       The monthly subscription fee applies for each full month or part of the month for each licence
       subscribed.

             12.18 Any unused storage is forfeited.

       Intellectual property

             12.19 You do not receive any title in the software we used to deliver the service.

             12.20 We grant you a non-exclusive, non-transferable licence to use the software
                   for the sole purpose of using the service on these terms.

             12.21 This licence terminates on the expiration or termination of your service.

             12.22 You must not use, or permit any person to use, the software in any way that
                   is not permitted by these terms.

             12.23 You must not:

       (a)     use the software on behalf of, or for the benefit of, any other person; or

       (b)     disassemble, reverse engineer or create more than one copy of the software
               (unless you have a statutory right to disassemble, reverse engineer or create more
               than one copy of the software, in which case you must only do so to the extent
               permitted by your statutory right); or

       (c)     alter or remove any copyright or other intellectual property notifications applied to




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               the software.

             12.24 We may provide updates and patches to the software through our BigPond
                   Website. At our sole discretion, we may directly update the software in
                   accordance with these terms.

       Service availability

             12.25 We provide BigPond BigPond Online Storage to you with due care and skill.
                   There are also other warranties in consumer protection laws (such as the
                   Trade Practices Act 1974 (Cth) and State and Territory Fair Trading Acts)
                   that cannot be excluded which may apply to goods or services we supply to
                   consumers, including that services be reasonably fit for their purpose.
                   However, we do not promise it will be error free or free from interruption or
                   failure, or that it is compatible with any particular hardware or software or
                   regarding availability, accessibility, or performance. In addition, BigPond
                   BigPond Online Storage may not be available or may become unavailable
                   due to any number of factors including, without limitation, acts of God,
                   technical failure, telecommunications infrastructure, or delay or disruption
                   attributable to viruses, denial of service attacks, increased or fluctuating
                   demand, actions and omissions of third parties, or any other cause reasonably
                   beyond our control.

             12.26 We may perform scheduled and unscheduled maintenance to the systems that
                   we use to provide the service. We will attempt to perform all scheduled
                   maintenance at times which will affect the fewest customers.

             12.27 We may archive your data on a regular basis for the purposes of disaster
                   recovery. In the event of equipment failure or data corruption, we will use
                   reasonable endeavours to restore your data from the last known good
                   archive. Due to technological limitations, we cannot promise that, and
                   despite our reasonable care, backups will:

       (a)     occur on every scheduled occasion;

       (b)     be complete; or

       (c)     be uncorrupted.

             12.28 We will not be liable for incomplete, out-of-date, corrupt or otherwise
                   deficient data recovered from our archives where we have acted with
                   reasonable care. Under our current practice, which may be changed at our



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                       sole discretion, archived data is held for a maximum of 35 days.

       Use of the service

              12.29 You are solely responsible for your data. This means that:

       (a)       you must have appropriate and compatible equipment, software and Internet
                 access to access and upload your data to our systems;

       (b)       we are not able to access or retrieve your data at your request at any time; and

       (c)       your data will be encrypted when stored on our systems and we will not be able to
                 view the contents of your data.

              12.30 You must ensure that any means used to access BigPond Online Storage
                    electronically are secure. Without limiting clauses 12.50 to 12.61
                    ("Limitation of liability") of these terms, we are not liable for:

       (a)       any unauthorised access to your data; and

       (b)       any loss or damage of any kind that you suffer or incur as a result of unauthorised
                 access to your data, unless such loss or damage was deliberately caused by our
                 unauthorised actions or negligence in breach of our obligations under these terms.

             This clause is not intended to limit your rights under consumer protection legislation.

              12.31 If you exceed, or your current upload will exceed, your allocated level of
                    storage space, your data will be rejected and will not be stored on the system.

              12.32 You must advise us in a timely manner if you have reason to suspect that the
                    service is being used contrary to these terms.

              12.33 We will determine, in our absolute discretion, the location from which your
                    service is provided from time to time.

              12.34 You must comply with the acceptable use policy set out in Part A - General
                    Terms for BigPond services of the BigPond service section of Our Customer
                    Terms that applies to your BigPond Internet service.

              12.35 You must not re-sell BigPond Online Storage.

       Cancellation and termination

              12.36 We may cancel your service at any time effective at the end of your monthly



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                     billing cycle, by giving you 30 days’ prior written notice.

             12.37 Either party may cancel the service immediately if the other party breaches
                   any provision of these terms and fails to remedy the breach within 30 days of
                   receiving a written notice detailing the breach and requesting that it be
                   rectified.

             12.38 If your service is cancelled you are entitled to a rebate (if any) pro-rated for
                   the unused days remaining on your monthly subscription calculated from the
                   time you were last charged if you cancel your service.

             12.39 You are responsible for ensuring that you copy your data before the date of
                   cancellation. If your service is cancelled, we will suspend your account and
                   hold your data for 30 days. After this period, we will delete your data from
                   our systems and deactivate your account. This means that you will no longer
                   be able to access your data after this time.

       Commencement and termination of these terms

             12.40 You may subscribe or terminate the service at any time.

             12.41 We may terminate one or more service under these terms:

       (a)     immediately, if we reasonably suspect that you have materially breached these
               terms in a way that cannot be remedied;

       (b)     if we reasonably suspect you have materially breached these terms in a way that
               can be remedied, but you do not remedy the breach within 14 days of us telling
               you to do so; or

       (c)     at any time effective at the end of your monthly billing cycle, by giving you at
               least 30 days' prior notice in writing.

             12.42 If your BigPond Internet service to which this service relates is suspended,
                   disconnected or terminated, then the service may also be suspended,
                   disconnected or terminated.

             12.43 If the service is suspended, disconnected or terminated, the liability of each
                   party (if any) is set out in this clause 12.

       Changing these terms

             12.44 Except as set out in clause 12.45, we can change these terms at any time



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                    without notice.

            12.45 If we consider that a change would cause you detriment, we will tell you of
                  the change by email, post or facsimile at least 30 days before the change will
                  take effect.

            12.46 If you do not tell us that you wish to the service within 14 days after
                  receiving notice of a change under clause 12.45 and you pay the charges for
                  services provided to you after our notice, the change will apply to you. If
                  you choose to cancel your service under this clause, we will refund you any
                  unused portion of your monthly charges.

            12.47 When we tell you about changes to Our Customer Terms under clause 12.45,
                  unless specified otherwise in the clause, we can do so by bill message, bill
                  insert, direct mail or email (if you have an email address and have agreed for
                  us to tell you about changes to Our Customer Terms by email). In addition
                  to this notice, we may also publish a notice in a national newspaper.

       Maintenance

            12.48 If you experience a problem with your service, you should tell our Customer
                  Service Centre on the number set out on the BigPond website.

            12.49 We will use all reasonable efforts to rectify any problem notified to us as
                  soon as possible.

       Limitation of liability

            12.50 The terms that apply to you and us are expressly set out in these terms and
                  those implied by laws that cannot be excluded by us. Other representations
                  or statements we make to you, whether in person, over the phone or in
                  advertising or other materials you received, are not part of these terms.
                  However, you may have other legal rights in relation to those
                  representations.

            12.51 Clauses 12.52, 12.53 and 12.54 apply to you only if you are a Residential
                  Customer.

            12.52 We accept our liability to you if we breach these terms or act negligently
                  under the principles applied by the courts, except as set out in clauses 12.53
                  and 12.54.




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             12.53 As you have taken up the service predominately for personal, domestic or
                   household use, we do not accept liability for any business related losses that
                   result from the use of the service. However, we will accept that liability if it
                   cannot be excluded under any legislation.

             12.54 We are not liable for any loss to the extent that it is caused by you, for
                   example, through your negligence or breach of these terms.

             12.55 Clauses 12.56, 12.57, 12.58, 12.59, 12.60 and 12.61apply to you only if you
                   are a Business Customer.

             12.56 Given the nature of telecommunications systems (including the service's
                   reliance on systems not owned or controlled by us) we cannot promise that
                   the service will be continuous or fault free. Accordingly, we limit our
                   liability to you for losses resulting from any interruption or delay to your
                   service to an amount equal to the service charges billed for the affected
                   service for the period of the interruption or delay.

             12.57 Subject to clause 12.609, we accept liability arising from our breach of
                   contract or negligence:

       (a)     for any personal injury or death to you, your employees, agents and contractors in
               relation to the supply of the service;

       (b)     for any damage to your real or tangible property resulting from the supply of the
               service, but we limit our liability to our choice of repairing or replacing the
               property or paying the cost of repairing or replacing it; and

       (c)     unless clause 12.56 applies, for any other cost or expense you reasonably incur
               that is a direct result of, and flows naturally from, such breach or negligence (but
               excludes loss of profits, likely savings and data), but we limit our liability for all
               such claims in aggregate to the total amount payable to us under these terms in
               respect of the first year of these terms.

             12.58 Other than for the liability we accept under this clause 12, we exclude all
                   other liability whether to you or a third party for breach of contract,
                   negligence or breach of any other law. For any liability which cannot
                   lawfully be excluded as it is under this clause 12, our liability is limited to
                   resupplying or paying the cost of resupplying services and repairing,
                   replacing or paying the cost of repairing or replacing goods.

             12.59 Notwithstanding anything else in this clause 12, our liability will be reduced



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                      to the extent the loss or damage is caused by you, your employees, agents or
                      contractors.

            12.60 We will not be responsible for any loss or damage arising from
                  circumstances outside our reasonable control.

            12.61 You are liable to us if you breach these terms or act negligently under the
                  principles applied by the courts. However, you are not liable for any loss we
                  suffer to the extent that it is caused by us, for example, through our
                  negligence or breach of these terms.

       For the purposes of this clause:

       Business Customer means a customer who is not a Residential Customer.

       Loss means loss or damage of any kind, however caused, whether in contract, tort (including
       negligence), under any statute or otherwise arising from or related in any way to these terms or its
       subject matter.

       Residential Customer means a customer who takes up the service predominantly to use for personal,
       household or domestic use or consumption.

       Privacy

            12.62 We collect, use and disclose personal information as set out in our
                  “Protecting Your Privacy” Statement. The current version of our Privacy
                  Statement is available at
                  http://www.telstra.com.au/privacy/privacy_statement.html.

       Transferring your service or this these terms

            12.63 You may not transfer your rights and obligations in respect of any service or
                  under these terms without our prior consent (which we will not unreasonably
                  withhold).

            12.64 We may transfer or novate any of our rights or obligations under these terms
                  to a reputable, credit worthy third party who agrees to be bound by our
                  obligations under these terms. If we do so, we will try to notify you
                  beforehand (otherwise we will tell you within 30 days after the transfer).

       Taxes

            12.65 The charges above may not include all taxes. You must pay us on request
                  any stamp and other duties, fees, taxes (including GST) and charges payable




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                     on:

       (a)     these terms; and

       (b)     any payment, receipt or other transaction arising out of these terms.

             12.66 GST may be imposed on a supply we make to you under these terms. Unless
                   the consideration payable for the supply is expressed to include GST, you
                   must pay on our demand an additional amount to cover the GST. We will
                   issue a Tax Invoice to you for any supply on which GST is imposed.

       In this clause, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System (Goods
       and Services Tax) Act 1999 (Cth).

       General terms

             12.67 We are not to be taken to waive any of our rights under these terms merely
                   because we do not exercise them or delay in exercising them.

             12.68 These terms are governed by the laws of the State or Territory in Australia in
                   which you reside. Nothing in these terms, or any actions we take under them
                   constitute a submission by us to any foreign jurisdiction.

             12.69 Clauses 12.19-12.24, 12.50-12.62 and 12.65-12.71 survive termination of
                   these terms (regardless of any other clauses that may survive termination).

             12.70 If we need to tell you of any matters relating to these terms, we may use
                   email to your default email address allocated by us, or post or fax.

13     BigBlog
       Your obligations

             13.1    You must:

       (a)     comply with these terms;

       (b)     comply with the acceptable use policy set out in Part A - General Terms for
               BigPond services of the BigPond service section of Our Customer Terms;

       (c)     pay all fees and charges associated with your use of the service;

       (d)     promptly tell us if you believe or suspect that the service has been compromised



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                or is being used in a manner that breaches these terms or the acceptable use
                policy; and

       (e)      regularly check your default email address. (If you are a BigPond customer, your
                default email address is the address allocated by us for messages about your
                service or, if you have arranged for emails sent to your default email address to be
                forwarded to an alternate email address, you must check that alternate email
                address).

       Availability

             13.2     The service is only provided to you for so long as you continue to take the
                      BigPond Internet service or Telstra mobile service to which the service
                      relates.

             13.3     The service is not available if you are a Telstra wholesale customer or an end
                      user of a Telstra wholesale customer.

             13.4     We will use reasonable care and skill when providing the service. There are
                      also other warranties in consumer protection laws (such as the Trade
                      Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                      cannot be excluded which may apply to goods or services we supply to
                      consumers, including that services be reasonably fit for their purpose.
                      However, due to the nature of the service, we do not promise that it will be
                      continuous, accessible at all times or fault-free.



       Use of your logon name

             13.5     You are responsible for any use of the service using your logon name and
                      password.

             13.6     You must adopt appropriate measures to ensure the security of your logon
                      name, password and the Data that you post on the service.
       Data includes information, data, material, software code, applications, files, text, logos, images, audio
       clips, move clips and/or other content or material.

       Archives

             13.7     We will archive the Data that you post on the service onto backup
                      mechanisms on a regular basis for the purposes of disaster recovery. In the



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                     event of equipment failure or data corruption, we will use reasonable
                     endeavours to restore the Data that you post on the service from the last
                     known good archive. Notwithstanding our backup regimes, you must
                     maintain a recent copy of such Data at your premises at all times. You will
                     ensure that all of the Data that you post on the service is accessible by us at
                     the time that a backup is to be carried out for the sole purpose of our backup
                     (including ensuring that files are not locked or in use during this time). Any
                     of the Data that you post on the service that is not accessible by us at the
                     time that a backup is carried out will not be backed up. While we use
                     reasonable care in performing backups, we do not promise that backups will:
                     (a) occur on every scheduled occasion, (b) be complete; or (c) be
                     uncorrupted.

             13.8    You are responsible for developing, installing and maintaining the Data that
                     you post on the service. You must have appropriate and compatible
                     equipment, software and Internet access to upload such Data to our systems.

             13.9    You are solely responsible for the Data that you post on the Service and the
                     consequences of posting such Data on the service, dealing with persons who
                     access such Data, and must not refer complaints or inquiries in relation to
                     such Data to us.

             13.10 You must advise us in a timely manner if you have reason to suspect that the
                   service is being used contrary to these terms or the acceptable use policy.

             13.11 No title in the hardware, infrastructure or facilities used by us to deliver the
                   service passes to you at any time.

             13.12 If we provide you with software and terms accompany the software, then we
                   provide that software to you on those terms. In these instances it is very
                   important that you read and understand those additional terms.

       Software terms

             13.13 If we provide you with software and no terms accompany the software, then:

       (a)     we grant you a non-exclusive, non-transferable licence to use the software for the
               sole purpose of using the service on these terms;

       (b)     you must not use, or permit any person to use, the software in any way that is not
               permitted by these terms; and




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       (c)        without limiting clause 13.13(b), you must not:

             a) use the software on behalf of, or for the benefit of, any other person; or

             b) disassemble, reverse engineer or create more than one copy of the software (unless
                you have a statutory right to disassemble, reverse engineer or create more than one
                copy of the Software, in which case you must only do so to the extent permitted by
                your statutory right).

       Permitted use

               13.14 Without limiting the acceptable use policy, you may not use the service:

       (a)        to commit, or facilitate the commission of, a criminal offence or to breach any
                  law;

       (b)        to collect the personal information of users of the service and send them
                  unsolicited communications of any kind;

       (c)        to send commercial advertisements, affiliate links or any other form of solicitation
                  to users of the service to buy or sell goods or services;

       (d)        to distribute in any medium any part of the service, including other users' Data;

       (e)        to monitor or copy Data on the service using a robot, spider or other automated
                  system;

       (f)        to transmit malware, viruses or otherwise harmful computer code;

       (g)        to alter or modify any part of the service; or

       (h)        in contravention of applicable local, national and international laws and
                  regulations.

       Data restrictions

               13.15 We reserve the right, but have no obligation, to monitor the Data that you
                     post on the service.

               13.16 Without limiting the acceptable use policy in any way, you may not post
                     Data on the service that:




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       (a)     is illegal or unlawful or promotes illegal or unlawful activity;

       (b)     is pornographic, sexually explicit, violent or obscene;

       (c)     requests personal information from a person who is under 18 years of age;

       (d)     is racist or hateful or promotes racism or hate towards another person or group of
               persons;

       (e)     is threatening, abusive or harasses another person or group of persons;

       (f)     infringes any person's intellectual property rights, including copyright or trade
               mark rights;

       (g)     is defamatory;

       (h)     is a false statement about a person or their property or business which is actuated
               by malice and may cause financial harm to that person;

       (i)     impersonates any person or business or otherwise misrepresents your affiliation
               with a person or business;

       (j)     is misleading or deceptive;

       (k)     promotes or describes a business, service or product unless such Data accurately
               describes all relevant aspects and attributes of the business, service or product
               including any references to price;

       (l)     is a breach of confidence or an invasion of a person's right to privacy;

       (m)     may cause us to breach, or be involved in a breach of law, a code or an instrument
               which governs our conduct;

       (n)     may result in us incurring liability to any person; or

       (o)     we consider could adversely affect or prejudice our reputation or brand.

             13.17 Without limiting the acceptable use policy in any way, if, in our sole opinion,
                   the Data that you post on the service breaches these terms, we may
                   immediately take appropriate remedial action without notice to you
                   including:




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       (a)       refusing to publish the Data that you post on the service;

       (b)       editing the Data that you post on the service (either before or after it is published);

       (c)       taking down the Data that you post on the service;

       (d)       warning you that any further repetition of your conduct will result in us
                 immediately terminating your registration for the service;

       (e)       terminating your registration for the service; and / or

       (f)       reporting your activities or conduct to relevant authorities.

       Intellectual property

              13.18 You retain all right, title and interest in and to the Data that you post on the
                    service. However, by posting Data on the service, you grant us a perpetual,
                    irrevocable, worldwide, non-exclusive, royalty-free, transferable licence
                    (with the right to sub-license any or all of the following rights) for us, our
                    related bodies corporate (as that term is defined in section 50 of the
                    Corporations Act 2001 (Cth)) and our subcontractors to use, reproduce,
                    publish and distribute such Data in connection with the service and for the
                    reasonable purposes of our business (including advertising and marketing).
                    You also grant other users of the service a non-exclusive license to access
                    the Data that you post on the service through the service, and to reproduce
                    and display the Data that you post on the service through the service. This
                    licence grant does not give us the right to sell the Data that you post on the
                    service.

              13.19 To the extent permitted by applicable law, you waive, unconditionally and
                    irrevocably, your:

       (a)       rights of integrity of authorship;

       (b)       rights of attribution of authorship; and

       (c)       rights not to have authorship falsely attributed,

             that exist in the Data that you post on the service.

              13.20 The service contains Data which we or our licensors own. We or our
                    licensors also own all right, title and interest in and to the Service (including
                    intellectual property rights). We grant you a limited, revocable licence



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                     (without the right to sub-licence any of the following rights) to reproduce
                     and display Data which we or our licensors own through the service solely
                     for your personal use.

       Eligibility

             13.21 BigBlog is available to BigPond Members only, although non BigPond
                   members can read and comment on your blog.

             13.22 We include one BigBlog site with every BigPond account.

       Charges

             13.23 You will receive up to 10MB free of personal webspace.

             13.24 If you require any additional webspace, you must purchase additional space
                   from us (if available) and pay the charges for BigPond Online Storage.
                   Usage on BigBlog is unmetered for BigPond ADSL, Cable and Wireless
                   Broadband MB and GB plan customers. For BigPond Dial-up, Satellite and
                   Wireless Broadband hourly plan customers, use of BigBlog will count
                   towards their plan's monthly allowance and standard excess usage charges
                   will apply. Download and upload charges may apply for non BigPond
                   customers as determined by your selected Internet service provider.

       Suspension and termination

             13.25 If you are an existing BigPond or Telstra mobile customer and your BigPond
                   Internet service or Telstra mobile service to which the service relates
                   (respectively) is suspended, disconnected or terminated, then the service may
                   also be suspended, disconnected or terminated.

             13.26 If the service under these terms are suspended, disconnected or terminated,
                   the liability of each party (if any) is set out in clauses 13.34 to 13.41.

       Changing these terms

             13.27 From time to time, we need to be able to change these terms to reflect our
                   changing business. We can change these terms in accordance with clauses
                   13.28 and 13.31.

             13.28 We must give you at least 30 days' prior notice of the change, unless:

       (a)     we need to make the change immediately in order to act legally or the change



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               results from changes in the law. If this is the case, we will give you as much
               notice as we reasonably can; or

       (b)     we reasonably believe that the change will benefit you, has no impact on you, or
               has neutral impact on you. If this is the case, we can make the change and without
               giving you notice.

             13.29 If we make a change these terms and we consider that the change means you
                   are materially worse off (and does not fall within clause 13.28 (a)), you may
                   cancel your service by giving us notice within 42 days of the date we notify
                   you of the change. If you choose to cancel your service under this clause, we
                   will refund you any unused portion of your monthly charges. .

             13.30 If you do not tell us that you wish to cancel your service under clause 13.29
                   within 42 days from the date on which we notified you of a change and you
                   pay the charges for the service provided to you after our notice, the change
                   will apply to you.

             13.31 When we tell you about changes to Our Customer Terms under clause 13.28,
                   unless specified otherwise in the clause, we can do so by bill message, bill
                   insert, direct mail or email. In addition to this notice, we may also publish a
                   notice in a national newspaper.

       Maintenance of the service

             13.32 If you experience a problem with your service, you should tell our Customer
                   Service Centre on the number set out on the BigPond website.

             13.33 We will use all reasonable efforts to rectify any problem notified to us as
                   soon as possible.

       Liability

             13.34 The terms that apply to you and us are expressly set out in these terms and
                   those implied by laws that cannot be excluded by us. Other representations
                   or statements we make to you, whether in person, over the phone or in
                   advertising or other materials you received, are not part of these terms.
                   However, you may have other legal rights in relation to those
                   representations.

             13.35 We accept our liability to you if we breach these terms or act negligently
                   under the principles applied by the courts, except as set out in clauses 13.36




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                     and 13.37.

             13.36 As you have taken up the service predominately for personal, domestic or
                   household use, we do not accept liability for any business related losses that
                   result from the use of the service. However, we will accept that liability if it
                   cannot be excluded under any legislation.

             13.37 We are not liable for any loss to the extent that it is caused by you, for
                   example, through your negligence or breach of these terms.

             13.38 Other than for the liability we accept under this clause, we exclude all other
                   liability whether to you or a third party for breach of contract, negligence or
                   breach of any other law. For any liability which cannot lawfully be excluded
                   as it is under this clause, our liability is limited to resupplying or paying the
                   cost of resupplying services.

             13.39 Notwithstanding anything else in this clause, our liability will be reduced to
                   the extent the loss or damage is caused by you, your employees, agents or
                   contractors.

             13.40 We will not be responsible for any loss or damage arising from
                   circumstances outside our reasonable control.

             13.41 You are liable to us if you breach these terms or act negligently under the
                   principles applied by the courts. However, you are not liable for any loss we
                   suffer to the extent that it is caused by us, for example, through our
                   negligence or breach of these terms.

       Warranty

             13.42 You warrant that:

       (a)     you have the power to enter into and observe your obligations under these terms;

       (b)     you will conduct such tests and computer virus scanning as may be necessary to
               ensure that the Data that you post on the service, or downloaded from the service,
               does not contain any computer virus and will not in any way, corrupt the Data or
               systems of any person;

       (c)     you will comply with the acceptable use policy set out in Part A - General Terms
               for BigPond services of the BigPond service section of Our Customer Terms;




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       (d)     you will keep secure any passwords used with the service;

       (e)     you have, and will maintain, the necessary authority to grant the rights, consents,
               permissions and licences under these terms;

       (f)     you own the Data that you post on the service or you have the necessary right
               from the lawful owner of the Data to post it on the service;

       (g)     the Data that you post on the service complies with clauses 13.15 to 13.17;

       (h)     you will pay any fees, royalties and other monies owing to third parties (including
               collection societies) for the Data that you post on the service; and

       (i)     you will not negligently or wilfully cause any fault in the service.

       Indemnity

             13.43 You release and indemnify us against any loss, damage, liability, claim and
                   expense (including on a full indemnity basis all legal, defence and settlement
                   costs) which we may suffer or incur arising directly or indirectly by reason
                   of:

       (a)     your use of the service whether or not your use of the service is in breach of these
               terms; and

       (b)     the use of the service under your username and password.

       Privacy

             13.44 We collect, use and disclose personal information as set out in our
                   “Protecting Your Privacy” Statement. The current version of our Privacy
                   Statement is available at
                   http://www.telstra.com.au/privacy/privacy_statement.html.

       Transferring your service

             13.45 You may not transfer your rights and obligations in respect of the service or
                   under these terms without our prior consent (which we will not unreasonably
                   withhold).

             13.46 We may transfer or novate any of our rights or obligations under these terms
                   to a reputable, credit worthy third party who agrees to be bound by our
                   obligations under these terms. If we do so, we will try to notify you



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                    beforehand (otherwise we will tell you within 30 days after the transfer).

       General terms

             13.47 We are not to be taken to waive any of our rights under these terms merely
                   because we do not exercise them or delay in exercising them.

             13.48 These terms are governed by the laws of the State or Territory in Australia in
                   which you reside. Nothing in these terms, or any actions we take under them
                   constitute a submission by us to any foreign jurisdiction.

             13.49 If we need to tell you of any matters relating to these terms, we can use email
                   to your default email address allocated by us, or post or fax.

14     BigPond Photos
       Your obligations

             14.1   You must:

       (a)     be a BigPond online internet customer or Telstra Mobile customer to register for
               the service. You may access the service using your BigPond online internet
               service (if applicable) or your Telstra mobile service using a compatible handset;

       (b)     be the same person as the customer of the BigPond Internet service or Telstra
               mobile service to which this service relates;

       (c)     comply with these terms;

       (d)     comply with the acceptable use policy set out in Part A - General Terms for
               BigPond services of the BigPond service section of Our Customer Terms;

       (e)     if you have a Telstra mobile service and use it in conjunction with this service,
               you must comply with relevant terms for your service and the FairPlay Policy;

       (f)     pay all fees and charges associated with your use of the service;

       (g)     promptly tell us if you believe or suspect that the service has been compromised
               or is being used in a manner that breaches these terms, the acceptable use policy
               or the Fairplay Policy (where applicable); and

       (h)     regularly check your default email address allocated by us if you are a BigPond




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              online internet customer or the default email address you provided to us if you are
              not a BigPond Internet service customer for messages about your service (or, if
              you have arranged for emails sent to your default email address to be forwarded to
              an alternate email address, you must check that alternate email address).

            14.2   The service is only provided to you for so long as you continue to take the
                   BigPond Internet service or Telstra mobile service to which the service
                   relates.

            14.3   We will use reasonable care and skill when providing the service. There are
                   also other warranties in consumer protection laws (such as the Trade
                   Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                   cannot be excluded which may apply to goods or services we supply to
                   consumers, including that services be reasonably fit for their purpose.
                   However, due to the nature of the service, we do not promise that it will be
                   continuous, accessible at all times or fault-free.

            14.4   We may remove data from the BigPond Photos service at any time if we
                   reasonably determine that you are in breach of the acceptable use policy, the
                   FairPlay Policy (where applicable) or otherwise are in material breach of
                   these terms but will tell you if we do this.

            14.5   You are responsible for any use of the service using your logon name and
                   password.

            14.6   We will archive your data onto backup mechanisms on a regular basis for the
                   purposes of disaster recovery. In the event of equipment failure or data
                   corruption, we will use reasonable endeavours to restore your data from the
                   last known good archive. Notwithstanding our backup regimes, you must
                   maintain a recent copy of your data at your premises at all times. You will
                   ensure that all of your data is accessible by us at the time that a backup is to
                   be carried out for the sole purpose of our backup (including ensuring that
                   files are not locked or in use during this time). Any of your data that is not
                   accessible by us at the time that a backup is carried out will not be backed
                   up. While we use reasonable care in performing backups, we do not promise
                   that backups will: (a) occur on every scheduled occasion, (b) be complete; or
                   (c) be uncorrupted.

            14.7   You are responsible for developing, installing and maintaining your data.
                   You must have appropriate and compatible equipment, software and Internet
                   access to upload your data to our systems.




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               14.8    You are solely responsible for any data you place on the BigPond Photos
                       service, dealing with persons who access your data (including those with
                       whom you share photo storage folders) and must not refer complaints or
                       inquiries in relation to your data to us.

               14.9    If you choose to share your data with another person on their mobile phone
                       service, their mobile phone service must have a wireless application protocol
                       capability and they must have a data connection (GPRS, 3G or Next G™) to
                       access your photos.

               14.10 You must adopt appropriate measures to ensure the security of your logon
                     name, password and data.

               14.11 You must advise us in a timely manner if you have reason to suspect that the
                     service is being used contrary to these terms or the acceptable use policy or
                     the FairPlay Policy (where applicable).

               14.12 You grant to us all rights, consents, permissions and licences necessary to
                     enable us and our subcontractors and suppliers to legally view, copy and
                     store your data for the sole purpose of performing our obligations under
                     these terms or any law.

               14.13 You do not receive any title in the hardware, infrastructure or facilities used
                     to deliver the service.

               14.14 If we provide you with software and terms accompany the software, then we
                     provide that software to you on the terms. In these instances it is very
                     important that you read and understand those additional terms.

               14.15 If we provide you with software and no terms accompany the software, then:

       (a)        We grant you a non-exclusive, non-transferable licence to use the software for the
                  sole purpose of using the service on these terms;

       (b)        You must not use, or permit any person to use, the software in any way that is not
                  permitted by these terms; and

       (c)        Without limiting clause 14.15(b), you must not:

             a) use the software on behalf of, or for the benefit of, any other person; or

             b) disassemble, reverse engineer or create more than one copy of the software (unless




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              you have a statutory right to disassemble, reverse engineer or create more than one
              copy of the software, in which case you must only do so to the extent permitted by
              your statutory right).

       Service Description

             14.16 BigPond Photos lets Telstra Mobile and BigPond customers upload your
                   photos online or directly from their Telstra mobile. You can then store and
                   share your photos with friends and family either online or through their
                   mobile phones. You can also order prints of your photos and publish the
                   photos to your BigBlog.

       Limitations of the service

             14.17 The service is not available if you are a Telstra wholesale customer or an end
                   user of a Telstra wholesale customer.

       Charges

             14.18 You will receive up to 20MB free of personal storage space. If you require
                   any additional storage space, you must purchase additional space from us (if
                   available) and pay the charges for BigPond Online Storage. Usage on your
                   personal storage space is unmetered for BigPond ADSL, Cable and Wireless
                   Broadband MB and GB plan customers. For BigPond Dial-up, Satellite and
                   Wireless Broadband hourly plan customers, use of the personal storage will
                   count towards their plan's monthly allowance. For Telstra mobile customers
                   who do not have a BigPond internet service, use of the personal storage may
                   attract internet service charges from your internet service provider.

             14.19 To upload photos from your mobile onto BigPond Photos, you must have an
                   MMS capable mobile phone connected to our network.

       Suspension and termination

             14.20 You may cancel the service under these terms at any time by telling our
                   Customer Service Centre or via BigPond Online Self care on BigPond.com.
                   However, the photos in your storage will not be deleted immediately. You
                   will be able to retrieve any photos within your storage if you reactivate the
                   service within 30 days.

             14.21 We may terminate or suspend your service under these terms:

       (a)     immediately, if we reasonably suspect that you have materially breached these



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               terms in a way that cannot be remedied (such as a breach of the acceptable use
               policy or

       (b)     if we reasonably suspect that you have materially breached these terms in a way
               that can be remedied, but you do not remedy the breach within 14 days of us
               telling you to do so; or

       (c)     at any time effective at the end of your BigPond or Telstra monthly billing cycle,
               by giving you at least 30 days prior written notice.

             14.22 If your BigPond Internet service or Telstra mobile service to which the
                   service relates is suspended, disconnected or terminated, then the service
                   may also be suspended, disconnected or terminated.

             14.23 If your service or your BigPond Internet service or your Telstra mobile
                   service have been suspended, your account details and data will be retained
                   but most of the service features will be disabled.

             14.24 If either your service or your BigPond Internet service or your Telstra mobile
                   service have been disconnected or terminated, your account details and data
                   will be deleted permanently (except for your photos, which will be deleted
                   after 30 days).

             14.25 If the service under these terms are suspended, disconnected or terminated,
                   the liability of each party (if any) is set out in clauses 14.32 to 14.36.

       Changing these terms

             14.26 Except as set out in clause 14.27, we can change these terms at any time
                   without notice.

             14.27 If we consider that a change would cause you detriment, we will tell you of
                   the change by email, post or facsimile at least 30 days before the change will
                   take effect.

             14.28 If you do not tell us that you wish to terminate the service within 42 days
                   after receiving notice of a change under clause 14.26 and you continue to use
                   the service, the change will apply to you. If you choose to cancel your
                   service under this clause, we will refund you any unused portion of your
                   monthly charges.

             14.29 When we tell you about changes to Our Customer Terms under clause 14.27,




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                    unless specified otherwise in the clause, we can do so by:         bill
                    message, bill insert, direct mail or email (if you have an email address and
                    have agreed for us to tell you about changes to Our Customer Terms by
                    email). In addition to this notice, we may also publish a notice in a national
                    newspaper.

       Maintenance of the service

            14.30 If you experience a problem with your service, you should tell our Customer
                  Service Centre on the number set out on the BigPond website.

            14.31 We will use all reasonable efforts as soon as possible to rectify any problem
                  notified to us.

       Limitation of liability

            14.32 The terms that apply to you and us are expressly set out in these terms and
                  those implied by laws that cannot be excluded by us. Other representations
                  or statements we make to you, whether in person, over the phone or in
                  advertising or other materials you received, are not part of these terms.
                  However, you may have other legal rights in relation to those
                  representations.



            14.33 We accept our liability to you if we breach these terms or act negligently
                  under the principles applied by the courts, except as set out in clauses 14.34
                  and 14.35.

            14.34 As you have taken up the service predominantly for personal, domestic or
                  household use, we do not accept liability for any business related losses that
                  result from the use of the service. However, we will accept that liability if it
                  cannot be excluded under any legislation.

            14.35 We are not liable for any loss to the extent that it is caused by you, for
                  example, through your negligence or breach of these terms.

            14.36 You are liable to us if you breach these terms or act negligently under the
                  principles applied by the courts. However, you are not liable for any loss we
                  suffer to the extent that it is caused by us, for example, through our
                  negligence or breach of these terms.




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       Warranty

             14.37 You warrant that:

       (a)     you have the power to enter into and observe your obligations under these terms;

       (b)     you will conduct such tests, computer virus scanning and mobile phone testing as
               may be necessary to ensure that data uploaded by you onto, or downloaded by you
               from, our systems does not contain any computer virus and will not in any way,
               corrupt the data or systems of any person;

       (c)     you will comply with the acceptable use policy set out in Part A - General Terms
               for BigPond services of the BigPond service section of Our Customer Terms and
               FairPlay Policy (where applicable);

       (d)     you will keep secure any passwords used with the service;

       (e)     you have, and will maintain, the necessary authority to grant the rights, consents,
               permissions and licences in clause 14.12; and

       (f)     you will not negligently or wilfully cause any fault in the service.

       Privacy

             14.38 We collect, use and disclose personal information as set out in our
                   “Protecting Your Privacy” Statement. The current version of our Privacy
                   Statement is available at
                   http://www.telstra.com.au/privacy/privacy_statement.html.

       Transferring your service

             14.39 You may not transfer your rights and obligations in respect of the service or
                   under these terms without our prior consent (which we will not unreasonably
                   withhold).

             14.40 We may transfer or novate any of our rights or obligations under these terms
                   to a reputable, credit worthy third party who agrees to be bound by our
                   obligations under these terms. If we do so, we will try to notify you
                   beforehand (otherwise we will tell you within 30 days after the transfer).

       General terms

             14.41 We are not to be taken to waive any of our rights under these terms merely



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                   because we do not exercise them or delay in exercising them.

            14.42 These terms are governed by the laws of the State or Territory in Australia in
                  which you reside. Nothing in these terms, or any actions we take under them
                  constitute a submission by us to any foreign jurisdiction.

            14.43 If we need to tell you of any matters relating to these terms, we can use email
                  to your default email address allocated by us, or post or fax.

15     Static IP for ADSL
            15.1   The BigPond static IP address service consists of the allocation, by us, of one
                   (1) Internet Protocol address ("IP Address") to you, and the provision of a
                   helpdesk service to answer questions about the IP Address ("Static IP for
                   ADSL").

            15.2   You must comply with the acceptable use policy set out in Part A - General
                   Terms for BigPond services of the BigPond service section of Our Customer
                   Terms.

            15.3   IP Addresses may have been used by us (or other people) prior to being
                   allocated to you. As a result of this, you may receive traffic intended for us
                   (or those other people) and that the traffic may be "malicious" (eg as part of a
                   denial of service attack).

            15.4   Your Static IP address will be assigned from a pool of available IP addresses.
                   You cannot request a particular Static IP address.

       Charges

            15.5   You must pay the monthly fee as set out below for the Static IP for ADSL.

            15.6   The monthly fee is payable in advance.

            15.7   If you or we cancel your Static IP for ADSL service and that cancellation
                   occurs part way through a billing month, we will refund you any unused
                   portion of your monthly charges.

            15.8   The charges may not include all taxes. You must pay us when we ask you for
                   any applicable stamp and other duties, fees, taxes (including goods and
                   services tax) and charges payable in relation to the service.




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            15.9     Without limiting clause 15.8, if GST is imposed on any supply made by us
                     pursuant to these terms, you must pay to us, in addition to any consideration
                     payable, or to be provided, by you under these terms for such supply, an
                     additional amount for the supply calculated by multiplying the prevailing
                     GST rate by the consideration for the relevant supply payable, or to be
                     provided, (without any deduction or set-off) by you under any other clause in
                     these terms. Any amount payable by you under this clause is payable on
                     demand whether such demand is by means of an invoice or otherwise.

            15.10 We charge you the following for Static IP add on services:

        Add on                                             Monthly fee

        Static IP for ADSL                                           $10.00



       Eligibility

            15.11 You can only have one Static IP address per BigPond Broadband ADSL
                  account, and it can only be assigned to the Primary username log-in for use
                  in your home region. If you log in while travelling, you will be assigned a
                  dynamic IP address for the session.

            15.12 If you have multiple logins, your sub accounts will also be assigned a
                  dynamic IP address for each online session.

            15.13 The service is not available if you are a Telstra wholesale customer or an end
                  user of a Telstra wholesale customer.

       IP Address Licence

            15.14 We will allocate one (1) Internet protocol address ("IP Address") to you.

            15.15 The particular IP Address that we provide to you will be determined by us in
                  our sole discretion. We may also replace it with a different Internet protocol
                  address, at any time by giving 14 days' prior notice to you.

            15.16 We grant to you a non-exclusive, non-transferable, revocable license to use
                  the IP Address in Equipment and for the sole purpose of using the IP
                  Address with your BigPond ADSL Service ("Licence"). We reserve all other
                  rights in the IP Address.




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            15.17 You may not sub-licence, assign, share, sell, rent, lease, transfer or otherwise
                  deal with the IP Address and will have no rights to the IP Address other than
                  as granted to you under these terms.

            15.18 To avoid doubt, the IP Address cannot be used with any service other than
                  the BigPond ADSL service.

       Help Desk

            15.19 If you have a question about the Static IP for ADSL, you may telephone our
                  Customer Service Centre or visit

            15.20 We will use reasonable efforts to answer your question.

            15.21 We do not provide help desk support for any problems that you may have
                  with any equipment that you use the IP Address with.

       Liability

            15.22 The terms that apply to you and us are expressly set out in these terms and
                  those implied by laws that cannot be excluded by us. Other representations
                  or statements we make to you, whether in person, over the phone or in
                  advertising or other materials you received, are not part of these terms.
                  However, you may have other legal rights in relation to those
                  representations.

            15.23 Clauses 15.24, 15.25 and 15.26apply to you only if you are a Residential
                  Customer.

            15.24 We accept our liability to you if we breach these terms or act negligently
                  under the principles applied by the courts, except as set out in clauses 15.25
                  and 15.26.

            15.25 As you have taken up the service predominately for personal, domestic or
                  household use, we do not accept liability for any business related losses that
                  result from the use of the service. However, we will accept that liability if it
                  cannot be excluded under any legislation.

            15.26 We are not liable for any loss to the extent that it is caused by you, for
                  example, through your negligence or breach of these terms.

            15.27 Clauses 15.28, 15.29, 15.30, 15.31, 15.32 and 15.33apply to you only if you




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                    are a Business Customer.

             15.28 Given the nature of telecommunications systems (including the service's
                   reliance on systems not owned or controlled by us) we cannot promise that
                   the service will be continuous or fault free. Accordingly, we limit our
                   liability to you for losses resulting from any interruption or delay to your
                   service to an amount equal to the service charges billed for the affected
                   service for the period of the interruption or delay.

             15.29 Subject to clause 15.32, we accept liability arising from our breach of
                   contract or negligence:

       (a)     for any personal injury or death to you, your employees, agents and contractors in
               relation to the supply of the service;

       (b)     for any damage to your real or tangible property resulting from the supply of the
               service, but we limit our liability to our choice of repairing or replacing the
               property or paying the cost of repairing or replacing it; and

       (c)     unless clause 15.28applies, for any other cost or expense you reasonably incur that
               is a direct result of, and flows naturally from, such breach or negligence (but
               excludes loss of profits, likely savings and data), but we limit our liability for all
               such claims in aggregate to the total amount payable to us under these terms in
               respect of the first year of the these terms.

             15.30 Other than for the liability we accept under clauses 15.22-15.33, we exclude
                   all other liability whether to you or a third party for breach of contract,
                   negligence or breach of any other law. For any liability which cannot
                   lawfully be excluded as it is under clauses 15.21-15.32, our liability is
                   limited to resupplying or paying the cost of resupplying services and
                   repairing, replacing or paying the cost of repairing or replacing goods.

             15.31 Notwithstanding anything else in clauses 15.22-15.33, our liability will be
                   reduced to the extent the loss or damage is caused by you, your employees,
                   agents or contractors.

             15.32 We will not be responsible for any loss or damage arising from
                   circumstances outside our reasonable control.

             15.33 You are liable to us if you breach these terms or act negligently under the
                   principles applied by the courts. However, you are not liable for any loss we
                   suffer to the extent that it is caused by us, for example, through our



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                        negligence or breach of these terms.

             For the purposes of this clause:

             Business Customer means a customer who is not a Residential Customer.

             Loss means loss or damage of any kind, however caused, whether in contract, tort (including
             negligence), under any statute or otherwise arising from or related in any way to these terms or its
             subject matter.

             Residential Customer means a customer who takes up the service predominantly to use for
             personal, household or domestic use or consumption.

       Information

              15.34 Information concerning you will be held in a database. The database will
                    contain your name, address, telephone numbers, bank account or credit card
                    details, billing details, information relating to the provision and use of the
                    service, and information provided by you in connection with these terms or
                    the service.

              15.35 This information (other than bank account and credit card details) may be
                    used:

       (a)       to enable us to perform our obligations to you under these terms, including to
                 provide the service;

       (b)       to enable us to ensure that you perform your obligations under these terms;

       (c)       by any entity related to us and any service provider, for planning, research, or if
                 required by any law (including without limitation the Telstra Corporation Act
                 1991 (Cth)), or if required by the rules of any stock exchange and, except for
                 Ponderings as set out in clause 15.35, if you give us your express consent, for the
                 promotion and marketing (whether targeted, direct or indirect) of our products and
                 services or the products or services of any service provider and any entity related
                 to us.

              15.36 In addition to our other rights under clauses 15.34-15.38, we may give Credit
                    Information about you to a credit reporting agency to:

       (a)       obtain a consumer credit report about you; or

       (b)       allow the credit reporting agency to create or maintain a credit information file




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               containing information about you.

             15.37 In addition to our other rights under this clause, we may (in accordance with
                   the Privacy Act 1988 (Cth)):

       (a)     obtain and use information concerning your commercial activities and commercial
               credit worthiness from a credit reporting agency or other business that reports on
               commercial credit worthiness to assess your application for the service (if the
               application is for consumer credit) or the collect overdue payments;

       (b)     obtain or use a consumer credit report about you from a credit reporting agency to
               assess your application for the service (if it is for commercial credit) or collect
               overdue payments; and

       (c)     disclose information about you to other credit providers or obtain and use
               information from other credit providers for the purposes of assessing your
               application for the service, your ongoing credit worthiness or the status of any
               account held by you with us or with any other credit provider.

             15.38 We may send our monthly newsletter, Ponderings, to you via email each
                   month. This is separate to the Ponderings insert you receive with your
                   BigPond bill. Our Ponderings email will contain information relating to the
                   service and may also contain information about BigPond and/or new
                   products and services offered by BigPond that may be of interest or benefit
                   to you. Our Ponderings email will not contain any advertising, marketing or
                   promotional material for other parts of Telstra or for third party suppliers. As
                   our Ponderings email is one of the principal means by which we tell you
                   about service related matters, you cannot opt out of receiving it and we will
                   not include a functional unsubscribe message with the email containing
                   Ponderings.

       Suspension and termination

             15.39 If your BigPond ADSL service to which these services related is suspended,
                   disconnected or terminated, then the services provided under these terms will
                   also be suspended, disconnected or terminated.

             15.40 You may your service at any time by submitting a cancellation request via
                   the or by calling our Customer Service Centre. Termination will take effect
                   immediately after we receive and process your request.

             15.41 If we reasonably suspect that you have materially breached any of these



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                     terms (including breaching the acceptable use policy) or if we reasonably
                     suspect you have materially breached these terms in a way that can be
                     remedied, but you do not remedy the breach within 14 days of us telling you
                     to do so, then we may immediately terminate the service or require you to
                     suspend all use of the IP Address (and you must immediately cease all such
                     use upon receiving a notice of suspension from us).

             15.42 We may terminate this service:

       (a)     if you materially breach these terms (including breaching the acceptable use
               policy);

       (b)     if any amounts owing under these terms remain outstanding for thirty (30) days
               after the due date; or

       (c)     on thirty (30) days notice to you.

             15.43 We may suspend (and you must immediately cease) all use of the IP Address
                   at any time if we reasonably determine that such action is necessary for the
                   purpose of maintenance, integrity or restoration of the BigPond broadband
                   service network. If we need to suspend the service under this clause, usually
                   we will give you 24 hours’ notice, unless the maintenance is urgent, in which
                   case we will give you as much notice as we reasonably can. We will try to
                   ensure that the limitation or suspension is at night and for as short a period as
                   is reasonable possible.

             15.44 We may take such action as we believe is reasonably necessary at any time if
                   there is a regulatory event, including suspending all use of the IP Address by
                   you. We will try and give you as much notice as possible in the
                   circumstances, and you must immediately cease all such use upon receiving
                   a notice of suspension from us.

             15.45 On termination of these terms (for any reason), you must immediately cease
                   using the IP Address and remove the IP Address from the Equipment (and
                   from any other software or hardware devices that you have included it in).

       Transferring the service or IP Address

             15.46 You may not transfer, novate or otherwise deal with any of your rights or
                   obligations under these terms (including, to avoid doubt, the right to receive
                   the Static IP for ADSL and the right to use the IP Address) without our




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                    consent (which we will not unreasonably withhold).

             15.47 We may transfer or novate any of our rights or obligations under these terms
                   to a reputable, credit worthy third party who agrees to be bound by our
                   obligations under these terms. If we do so, we will try to notify you
                   beforehand (otherwise we will tell you within 30 days after the transfer).

       Changing these terms

             15.48 From time to time, we need to be able to change these terms to reflect our
                   changing business. We can change these terms (including the charges or the
                   acceptable use policy) in accordance with this clause.

             15.49 We must give you at least 30 days' prior notice of the change, unless:

       (a)     we need to make the change immediately in order to act legally or the change
               results from changes in the law. If this is the case, we will give you as much
               notice as we reasonably can; or

       (b)     the change will benefit you. If this is the case, we can make the change and
               without giving you notice.

             15.50 If we make a change to these terms and the change means that you are
                   materially worse off (and does not fall within clause 15.49(a)), you may
                   cancel your service by giving us notice within 14 days of the date we tell you
                   of the change.

             15.51 If you choose to cancel your service under clause 15.50, we will refund you
                   any unused portion of your monthly charges.

             15.52 If you do not tell us of your decision to cancel your service under clause
                   15.50, and continue using the service from the date on which the change
                   comes into effect, the change will apply to you.

             15.53 If we change these terms, the online version of these terms will always be
                   updated to reflect those changes.

       Other general terms

             15.54 If we do not exercise, or we delay in exercising a right under these terms,
                   then we may still exercise that right at any time in the future.

             15.55 These terms will be governed by and interpreted in accordance with the laws



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                     of the State or Territory in Australia in which you reside.

             15.56 Notices can be provided under these terms by post or facsimile. We may also
                   tell you by email of any matters relating to these terms, including any
                   changes to these terms. You must regularly check your default email address
                   as allocated by us or, if you have arranged for emails sent to your default
                   email address to be forwarded to an alternative email address, that alternative
                   email address.

             15.57 Clauses 15.8, 15.9, 15.34-15.38, 15.45 and this clause 15.57 survive
                   termination (for any reason) of these terms.

16     BigPond Office and BigPond Office DocBoss
       BigPond Office

             16.1    Customers who sign up for BigPond Office have access to a BigPond Office
                     account at the Website which allows them to, among other things:

       (a)     create, view and edit documents in various formats, including text, spreadsheet
               and presentation ("Documents");

       (b)     store Documents up to a specified storage limit;

       (c)     enable other BigPond Office users to view and/or edit your Documents; and

       (d)     publish Documents on the World Wide Web.
       Website means www.bigpondoffice.com.au and includes the BigPond Office account of any user.

             16.2    You may sign up for one free BigPond Office account per BigPond email
                     address.

             16.3    We may cancel the BigPond Office service if:

       (a)     you were not a BigPond Member at the time you signed up for the service; and

       (b)     you have not become a BigPond Member within 1 month of signing up for the
               service.
       BigPond Member means a person who is a customer of BigPond for Dial-up, Satellite, ADSL, Cable,
       Wireless or any other BigPond internet access services.




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             16.4   We may cancel your BigPond Office service if you fail to login to your
                    BigPond Office account for a continuous period of nine months. If the
                    service has been cancelled in accordance with this clause, BigPond may give
                    the account name associated with the cancelled BigPond Office account to
                    another BigPond Office user without telling you or the other party.

       BigPond Office DocBoss

             16.5   Customers subscribing to BigPond Office DocBoss have access to a BigPond
                    Office account at the Website which offers the functions and features
                    available for BigPond Office, as well as additional functions and features,
                    including the following:

       (a)     offline access to their Documents;

       (b)     the ability to store Documents up to a larger specified storage limit (compared to
               BigPond Office); and

       (c)     the ability to upload larger Documents to their BigPond Office account (compared
               to BigPond Office).

             16.6   At the end of each month starting from when you signed up for BigPond
                    Office DocBoss, you need to log in to your BigPond Office account at the
                    Website in order to continue having offline access to your Documents.

       Suspension and termination

             16.7   You may cancel the service at any time by following the required steps for
                    cancelling a BigPond Office account at the Website. However, until the
                    cancellation takes effect:

       (a)     your BigPond Office account may continue to exist (and you can still use it); and

       (b)     we will continue to charge you the BigPond Office DocBoss monthly subscription
               fee.

             16.8   We may suspend or terminate your access and use of any part of the BigPond
                    Office service or BigPond Office DocBoss (each a “service”) at any time
                    without notice if:

       (a)     our rights to provide the service terminate; or




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       (b)        if you are in material breach of these terms.

       Otherwise we may suspend or terminate the service or your use of the service by telling
       you a reasonable period beforehand.

               16.9    If you have signed up for BigPond Office DocBoss, and we exercise our
                       rights in clause 16.8 to suspend or terminate your service in circumstances
                       where you are not in material breach of any part of these terms, then we will
                       refund you the unused portion of the monthly subscription charge for the
                       service.

               16.10 We rely on the grant to us by ThinkFree, a third party, of certain rights to
                     enable us to provide the service to you. If those rights from third parties
                     terminate or are withdrawn, we will no longer be able to provide the service
                     to you. We make no representation to you about the continued availability of
                     the service.

               16.11 If we cancel or suspend the service in accordance with these terms:

       (a)        we will tell you by email to give you:

             a) if you have BigPond Office, at least 7 days; or

             b) if you have BigPond Office DocBoss, at least 14 days,

                 (each a "Retrieval Period") to retrieve any Documents you have stored at your
                 BigPond Office account; and

       (b)        after the end of the applicable Retrieval Period, your BigPond Office account will
                  be disabled and you will not be able to retrieve any Documents that were once
                  stored at your BigPond Office account.

       Your obligations

               16.12 In using the service, you must:

       (a)        comply with our acceptable use policy set out in Part A - General Terms for
                  BigPond services of the BigPond service section of Our Customer Terms;

       (b)        promptly tell us if you believe or suspect that any part of the service has been
                  compromised, is used in an unauthorised manner or is being used in a manner that
                  breaches these terms or the acceptable use policy; and




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       (c)     regularly check the email address that you supplied as part of the Sign Up Process
               and where available, your default BigPond email address.

             16.13 The service offers you a high degree of flexibility in making Documents
                   available to other BigPond Office users and to the general public via the
                   World Wide Web. It is therefore your responsibility:

       (a)     to exercise care and judgment in creating Documents and using the service; and

       (b)     to ensure that you do not publish any Documents containing any content that you
               do not have the right to use.

             16.14 While we use reasonable care and skill in providing the service to you, there
                   are also other warranties in consumer protection laws (such as the Trade
                   Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                   cannot be excluded which may apply to goods or services we supply to
                   consumers, including that services be reasonably fit for their purpose.
                   However, due to the innovative nature and inherent characteristics of the
                   service, we do not promise that it will be continuous or fault-free, or that any
                   Documents stored at your account will be accessible at all times, that any
                   defects will be corrected, or that the service or the server that makes it
                   available are free of viruses.

             16.15 We may disable your BigPond Office account at any time if we reasonably
                   determine that you are in breach of the acceptable use policy or otherwise are
                   in material breach of these terms, or if the acceptable use policy allows us to
                   do so. If we disable your BigPond Office account for a material breach of
                   these terms then we will try to notify you before we do so.

             16.16 In the event of equipment failure, data corruption or any other defect that
                   may affect your ability to retrieve a Document stored at your BigPond Office
                   account, we will use reasonable endeavours to restore any Documents stored
                   at your BigPond Office account from any last known good archive.

             16.17 You are responsible for any use of the service using your logon name and
                   password.

             16.18 Some portions of the service may require that users obtain, or obtain access
                   to, software, hardware, or other services which are not provided by us and in
                   relation to which we accept no responsibility.

             16.19 You agree to participate in any surveys that we may run from time to time



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                       (including at the time you decide to stop using the service).

               16.20 You must adopt appropriate measures to ensure the security of your logon
                     name, password and Documents.

               16.21 You grant to us all rights, consents, permissions and licences necessary to
                     enable us and our subcontractors and suppliers to legally view, copy and
                     store any Document created and/or modified by you for the purpose of
                     performing our obligations and exercising our rights under these terms or
                     any law. If you choose to publish any Document publicly, you also grant us
                     all rights, consents permissions and licences necessary to enable us, our
                     subcontractors and suppliers to use any such Document for the purpose of
                     marketing and promoting the service.

               16.22 No title in the hardware, infrastructure or facilities used by us to deliver the
                     service passes to you at any time.

               16.23 If we provide you with any software and terms and conditions accompany
                     the software, then we provide that software to you on the terms and
                     conditions that accompany it. In these instances it is very important that you
                     read and understand those additional terms and conditions and you must
                     comply with those terms and conditions.
       Software means any software we may supply to you for use in conjunction with the Service, including
       any upgrades and updates.

               16.24 If we provide you with software and no terms and conditions accompany the
                     software, then:

       (a)        we grant you a non-exclusive, non-transferable licence to use the software for the
                  sole purpose of using the service on the terms and conditions of these terms;

       (b)        you must not use, or permit any person to use, the software in any way that is not
                  permitted by these terms; and

       (c)        without limiting clause 16.24(b), you must not:

             a) use the software on behalf of, or for the benefit of, any other person; or

             b) disassemble, reverse engineer or create more than one copy of the software (unless
                you have a statutory right to disassemble, reverse engineer or create more than one
                copy of the software, in which case you must only do so to the extent permitted by




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             your statutory right).

            16.25 You must not reverse engineer, decompile, copy or adapt any software or
                  other code or scripts forming part of the Website (including the BigPond
                  Office account of any user) or attempt to transmit to or via the Website any
                  information that contains a virus, worm, trojan horse, or other harmful or
                  disruptive component.

            16.26 You may not modify, copy, distribute, transmit, display, perform, reproduce,
                  publish, license, create derivative works from, transfer, or sell any
                  information, software, products or services obtained from the service.

            16.27 You must not use any robot, spider or automated device of any kind, or any
                  manual process to monitor or copy any content from the service.

       Limitations of the service

            16.28 The service is not available if you are a Telstra wholesale customer or an end
                  user of a Telstra wholesale customer.

       Charges and billing

            16.29 Subject to clause 16.32, there is currently no charge for use of BigPond
                  Office. In future, we may introduce charges for this service, but if we do, we
                  will tell you a reasonable period beforehand and offer you the option of
                  cancelling your service without penalty.

            16.30 For BigPond Office DocBoss, you will be charged the following monthly
                  subscription charge until the service is cancelled (for example, in accordance
                  with clause 16.7):

                                                Monthly subscription fee

           BigPond Members                                $6.95

           Customers who are not                          $7.95
           BigPond Members



            16.31 You will be billed each month (or at a different interval as we reasonably
                  determine from time to time) for the charges that apply to the use of your
                  service. The charges for the service may appear on a bill that is separate to




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                    your BigPond bill and/or other Telstra bills.

             16.32 If you are a BigPond ADSL Cable or Wireless Broadband Member on a
                   MB/GB plan, your use of the Service is unmetered. For all other customers
                   (including non-BigPond Members), download and upload charges may apply
                   as determined by your selected Internet plan and service provider.

       Changing these terms

             16.33 Except as set out in clause 16.34, we can change any term of these terms for
                   the service or any feature of the service at any time without notice.

             16.34 We must give you at least 30 days' prior notice by email of the change,
                   unless:

       (a)     we need to make the change immediately in order to act legally or the change
               results from changes in the law. If this is the case, we will give you as much
               notice as we reasonably can; or

       (b)     the change will benefit you or have a neutral effect on you. If this is the case, we
               can make the change and without giving you notice.

             16.35 If you have BigPond Office DocBoss and we make a change to these terms
                   that makes you materially worse off (and does not fall within clause
                   18.34(a)), you may cancel your service by giving notice within 42 days of
                   the date we notify you of the change. If you choose to cancel your service in
                   accordance with this clause, we will refund you any unused portion of your
                   monthly subscription charge.

       Transferring your service or right under these terms

             16.36 You may not transfer your rights and obligations in respect of the service or
                   under these terms without our prior consent (which we will not unreasonably
                   withhold).

             16.37 We may transfer or novate any of our rights or obligations under these terms
                   to a reputable, credit worthy third party who agrees to be bound by our
                   obligations under these terms. If we do so, we will try to tell you beforehand
                   (otherwise we will tell you within 30 days after the transfer).

       Maintenance and monitoring of the service

             16.38 If you experience a problem with the service, you should tell us by



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                    completing the form found here.

            16.39 We will use all reasonable efforts as soon as possible to rectify any problem
                  with the service notified to us.

            16.40 Although we may from time to time monitor or review Documents on
                  individual BigPond Office accounts, we are under no obligation to do so and
                  assume no responsibility or liability arising from the content. This clause is
                  not intended to limit your rights under consumer protection legislation.

            16.41 Links on the Website may lead to other third party websites which are not
                  under our control. We are not responsible for the content, availability or
                  functionality of any linked site.

       Our liability to you

            16.42 The terms that apply to you and us are expressly set out in these terms and
                  those implied by laws that cannot be excluded by us. Other representations
                  or statements we make to you, whether in person, over the phone or in
                  advertising or other materials you received, are not part of these terms.
                  However, you may have other legal rights in relation to those
                  representations.

            16.43 Clauses 16.43, 16.44 and 16.45 apply to you only if you are a residential
                  customer.

            16.44 Residential customer means a customer who takes up the service
                  predominantly to use for personal, household or domestic use or
                  consumption.We accept our liability to you if we breach any term of these
                  terms or act negligently under the principles applied by the courts, except as
                  set out in clauses 16.43 and 16.44.

            16.45 As you have taken up the service predominately for personal, domestic or
                  household use, we do not accept liability for any business related losses that
                  result from the use of the service. However, we will accept that liability if it
                  cannot be excluded under any legislation.

       Loss means loss or damage of any kind, however caused, whether in contract, tort
       (including negligence), under any statute or otherwise arising from or related in any way
       to these terms or its subject matter.

            16.46 We are not liable for any loss to the extent that it is caused by you, for




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                     example, through your negligence or breach of any term of these terms.

             16.47 Clauses 16.47 and 16.48 apply to you only if you are a business customer.
       Business customer means a customer who is not a residential customer.

             16.48 Given the nature of telecommunications systems (including the reliance of
                   some aspects of the Service on systems not owned or controlled by us) we
                   cannot promise that all aspects of the Service will be continuous or fault free.
                   Accordingly, we limit our liability to you for loss resulting from any
                   interruption or delay to the Service to the extent that the interruption or delay
                   arises from the nature of telecommunications systems. The limitation will be
                   to an amount equal to the service charges billed to you for the affected
                   Service for the period of the interruption or delay.

             16.49 Subject to clause 16.53, we accept liability arising from our breach of
                   contract or negligence:

       (a)     for any personal injury or death to you, your employees, agents and contractors in
               relation to the supply of the service;

       (b)     for any damage to your real or tangible property resulting from the supply of the
               service, but we limit our liability to our choice of repairing or replacing the
               property or paying the cost of repairing or replacing it; and

       (c)     unless clause 16.47 applies, for any other cost or expense you reasonably incur
               that is a direct result of, and flows naturally from, such breach or negligence (but
               excludes loss of profits, likely savings and data), but we limit our liability for all
               such claims in aggregate to the total amount payable to us by you under these
               terms in respect of the first year that you acquire the service.

             16.50 Other than for the liability we accept under this clause 16, we exclude all
                   other liability, including any indirect, incidental, special or consequential
                   loss however caused, whether to you or a third party for breach of contract,
                   negligence or breach of any other law. For any liability which cannot
                   lawfully be excluded as it is under this clause 16, our liability is limited to
                   resupplying or paying the cost of resupplying services.

             16.51 Notwithstanding anything else in these terms, our liability will be reduced to
                   the extent the loss or damage is caused by you, your employees, agents or
                   contractors.




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             16.52 We will not be responsible for any loss or damage arising from
                   circumstances outside our reasonable control.

             16.53 You agree that any and all correspondence and business dealings between
                   you and advertisers whose advertisements appear on the Website (including
                   the BigPond Office account of any user), are solely between you and the
                   advertiser. We will not be liable for any Loss or damage as a result of
                   interactions or dealings with such advertisers, or for the content of any
                   advertisements on the Website.

       Your liability to us

             16.54 You are liable to us if you breach any term in these terms or act negligently
                   under the principles applied by the courts. However, you are not liable for
                   any loss we suffer to the extent that it is caused by us, for example, through
                   our negligence or breach of any term in these terms.

       Warranty

             16.55 You warrant that:

       (a)     you have the power to enter into and observe your obligations under these terms;

       (b)     you have, and will maintain, the necessary authority to grant any rights, consents,
               permissions or licences required under these terms;

       (c)     you will not negligently or wilfully cause any fault in the service, to the Website
               (including the BigPond Office account of any user);

       (d)     you will conduct such tests and computer virus scanning as may be necessary to
               ensure that any Document created or edited by you at the Website does not
               contain any computer virus and will not in any way, corrupt the data or systems of
               any person; and

       (e)     any and all information provided during the Sign Up Process ("Sign Up Data") is
               true, accurate, up to date and complete. You also agree to update and maintain
               Sign Up Data so that it is true, accurate, up-to-date and complete.

       Privacy

             16.56 We collect, use and disclose personal information as set out in our
                   “Protecting Your Privacy” Statement. The current version of our Privacy
                   Statement is available at



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                     http://www.telstra.com.au/privacy/privacy_statement.html.

             16.57 You consent that we may, subject to the Privacy Act 1988 (Cth):

       (a)     disclose information about you (including information about the conduct of your
               account and information in this form and any application for additional services)
               to a credit reporting agency to obtain and maintain credit information about you,
               to another credit provider, and/or a collection agent to collect overdue payments
               owed by you and to notify defaults by you; and

       (b)     obtain and use information about your creditworthiness (including a consumer or
               commercial credit report) from a credit reporting agency, credit provider or other
               business that reports on creditworthiness for the purpose of assessing an
               application (including the application and any application for additional services)
               or collecting overdue payments.

       For the purposes of this clause 16, "you" and "your" refers to you and your People (if
       applicable).

       People means employees, agents, sub-agents and their respective employees.

             16.58 Your personal information may be stored and processed in Australia, the
                   United States, the United Kingdom or any other country where we, or our
                   suppliers, contractors and/or agents have facilities, and you consent to the
                   transfer of information outside of your country.

       Taxes

             16.59 You must pay us any applicable taxes that we include as part of your invoice
                   for the service. Applicable taxes may include any stamp and other duties,
                   fees, taxes (including GST) and charges relating to your purchase of any
                   equipment, these terms or the performance of these terms, and any other
                   transaction arising out of these terms.

             16.60 GST may be imposed on a supply we make to you under these terms. Unless
                   the consideration payable for the supply is expressed to include GST you
                   must pay us an additional amount to cover the GST. We will issue a Tax
                   Invoice to you for any supply on which GST is imposed. GST may be
                   imposed on a supply we make to you under these terms. Unless the
                   consideration payable for the supply is expressed to include GST, you must
                   pay us an additional amount to cover the GST. We will issue a Tax Invoice
                   to you for any supply on which GST is imposed.




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       In this clause 16, "GST" and "Tax Invoice" have the same meaning as in the A New Tax
       System (Goods and Services Tax) Act 1999 (Cth).

       General terms

               16.61 We are not to be taken to waive any of our rights merely because we do not
                     exercise them or delay in exercising them.

               16.62 These terms are governed by the laws of New South Wales, Australia.
                     Nothing in these terms, or any actions we take under it constitute a
                     submission by us to any foreign jurisdiction.

               16.63 If we need to tell you of any matters relating to these terms, we may use the
                     email address you supplied to us in the sign up process, or where available,
                     your default BigPond email address.



17     BigPond WebHosting
       What is BigPond WebHosting?

        17.1     BigPond WebHosting is a service that provides website hosting and domain name
                 registration. It is available in three different plans as follows:

                                               Bronze                    Silver                 Gold

                   Minimum term         12 months                12 months              12 months

                   Disk space limit     1GB                      2GB                    4GB

                   Monthly download     3GB/month                10GB/month             30GB/month
                   limit (MB)*

                   Domain Names         .com, .net and .info     .com, .net and .info   .com, .net and .info
                   Registered (1        (extra administration
                   domain name is       fee for .com and .net)
                   included)

                   Included Mailboxes   1                        5                      10

                   Website Builder      Included, limited        Included, limited      Included, all
                   Easy                 templates, page limit    templates, no page     templates, no page
                                        of 7                     limits                 limits


                 * The monthly download limit is the amount of data that can be downloaded from your
                 website each month. Unused monthly downloads will not be carried over to the




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               following month.

            17.2      We will provide you with at least one logon name and password ("VS"
                      number) to allow you to access the BigPond WebHosting Mission Control
                      panel,which may be used by you to configure various features of your
                      service.

       Availability

            17.3      The BigPond WebHosting service is not available if you are a Telstra
                      wholesale customer.

            17.4      If you are an existing Premium Hosting customer, selecting the option to use
                      your existing domain name with your BigPond WebHosting service will not
                      cancel your existing Premium Hosting service. You must arrange for this
                      separately.

            17.5      If you are an existing Family and Small Business customer who elects to
                      transfer to the BigPond WebHosting service:

               (a)     your existing Family and Small Business hosting service will be cancelled
                       and your existing website content will be deleted. We will give you an
                       opportunity to move your existing website content to BigPond WebHosting
                       prior to such deletion; and

               (b)     your existing email service connected to your Family or Small Business
                       hosting domain name will be cancelled. For customers using POP3 all
                       email currently in your inbox will be deleted. For customers using
                       Webmail all your emails and contact details in Webmail will be deleted.
                       Webmail customers will also lose unified messaging functionality. You
                       must set up your BigPond WebHosting email account and activate your
                       BigPond WebHosting service before you can use email with your new
                       service.

            17.6      If you choose to use your existing domain name with the BigPond
                      WebHosting service we will only re-delegate your domain name (ie change
                      the relevant domain name server) as part of your BigPond WebHosting
                      service unless you request transfer of the registration of your domain name
                      (as referred to below under Domain Name Registration). Your domain name
                      will remain registered with your current registrar and you must continue to
                      pay applicable charges to your current registrar in addition to the charges for
                      BigPond WebHosting until you transfer the registration of your domain




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                    name to our nominated registrar or reseller for the BigPond WebHosting
                    service. You must provides us with all the information we require to
                    redelegate your domain name.

            17.7    Family and Small Business customers who wish to move their existing
                    website content to the BigPond WebHosting service can do this themselves,
                    or we can move your website content for a fee as set out below in the charges
                    section.

       Minimum Term and auto-renewal

            17.8    You must acquire the BigPond WebHosting service for a minimum term of
                    12 months.

            17.9    Except for domain name registration renewals which are separately dealt
                    with below, your BigPond WebHosting service will automatically renew for
                    a further 12 month term upon expiry of the minimum term, or the then
                    current renewal term, unless you notify us that your service is not to be
                    renewed prior to expiry of the minimum term or the then current renewal
                    term for your service.

            17.10 If you notify us that you do not wish to renew your BigPond WebHosting
                  service after expiry of the minimum term, or the then current renewal term
                  (as applicable), but before 30 days after such expiry, your BigPond
                  WebHosting service will be cancelled effective from the original expiry date
                  and you will not be required to pay us the early termination charge set out
                  below.

       Domain Name Registration

            17.11 Each BigPond WebHosting plan includes the registration or transfer of a
                  .com, .net or .info domain name in your name.

            17.12 If you request registration of a new domain name for your BigPond
                  WebHosting service, we will procure registration of that domain name with
                  our nominated registrar for the BigPond WebHosting service.

            17.13 If you request us to do so we will transfer the registration of your existing
                  domain name which you use or propose to use with your BigPond
                  WebHosting service, to our nominated registrar or reseller for the BigPond
                  WebHosting service. You must provide us with all the information we




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                    require to transfer the registration of your domain name.

            17.14 We do not guarantee that you will be successful in your application to
                  register or transfer your domain name.

            17.15 If the application for your new domain name or transfer of the registration of
                  your existing domain name to our nominated registrar or reseller for the
                  BigPond WebHosting service is successful:

              (a)     we will become the delegated domain administrator for your domain
                      name;

              (b)     We will not be required to provide you with the registry key or password
                      to your domain name, except in accordance with these terms; and

              (c)     your transferred domain name will have an additional one year term added
                      to the balance of the registration term remaining as at the date of transfer.

            17.16 Each new domain name registered or transferred under these terms will
                  automatically renew 90 days prior to the relevant domain name expiry for a
                  further 12 months unless:

              (a)     prior notice is received from you that your domain name should not be
                      renewed;

              (b)     you cease to be the registered owner of that domain name; or

              (c)     we cease to be the delegated domain administrator of your domain name.

            17.17 If there is a dispute regarding your domain name registration or in respect of
                  your domain name after registration, you agree that your domain name will
                  be subject to arbitration, suspension or cancellation in accordance with
                  ICANN procedure, or by any registry administrator procedure approved by
                  an ICANN policy, relating to:

              (a)     the correction of mistakes by us or the registry administrator in registering
                      the domain name; or

              (b)     the resolution of disputes concerning the domain name.

            17.18 You agree that if changes or modifications are made to the ICANN
                  procedures or registry administrator procedure and you continue to maintain




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                    registration of your domain name after those changes or modifications
                    become effective, you confirm your acceptance of those changes and
                    modifications.

            17.19 If there is a dispute regarding your domain name, you agree to submit to the
                  jurisdiction of the courts as provided in the applicable procedures.

       Website Builder Easy Software

            17.20 The Website Builder Easy software allows you to create, edit and manage
                  your own website. Each BigPond WebHosting plan comes with a set
                  number of templates from which you can build your website.

            17.21 We grant you a non-exclusive, non-transferable licence to use the Website
                  Builder Easy software solely in connection with your BigPond WebHosting
                  service.

            17.22 You must not:

              (a)     use, or permit any person to use, the Website Builder Easy software in any
                      way that is not permitted by these terms;

              (b)     use the software on behalf of, or for the benefit of, any other person; or

              (c)     disassemble, reverse engineer or create more than one copy of the software
                      (unless you have a statutory right to disassemble, reverse engineer or
                      create more than one copy of the software, in which case you must only do
                      so to the extent permitted by your statutory right).

            17.23 To the extent permitted by applicable law, we do not make any
                  representations or express warranties with respect to Website Builder Easy.
                  Our liability to you is set out in the liability section of these terms. However,
                  notwithstanding anything in these terms, consumers may have the benefit of
                  certain rights or remedies pursuant to the Trade Practices Act 1974 (Cth) and
                  similar state and territory laws in Australia in respect of which liability may
                  not be excluded. If so, then to the maximum extent permitted by law, such
                  liability is limited at our option to either (i) resupply of Website Builder Easy
                  or (ii) the cost of the resupply of Website Builder Easy provided it is fair or
                  reasonable to do so. We resupply Website Builder Easy to you from our
                  third party supplier. As a result we supply Website Builder Easy to you "as
                  is". It is very important that you make your own investigations as to the




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                    suitability of Website Builder Easy for your purpose.

            17.24 We reserve the right to upgrade or replace Website Builder Easy upon at
                  least 30 days notice in Mission Control and via email. If we upgrade or
                  replace Website Builder Easy we may, by giving you at least 30 days notice
                  in Mission Control or via email:

              (a)     cease to continue to supply and/or support Website Builder Easy or the
                      prior version of Website Builder Easy (as applicable); and

              (b)     use reasonable endeavours to migrate your published website content to
                      the upgraded Website Builder Easy or the alternate website building
                      software (as applicable) except as otherwise set out below.

            17.25 We will not be required to migrate your published website content to the
                  upgraded Website Builder Easy or the alternate website building software (as
                  applicable) if:

              (a)     the upgraded Website Builder Easy or the alternate website building
                      software (as applicable) does not have the capability to allow for such
                      migration; or

              (b)     you fail to take all reasonable steps that we require in connection with the
                      migration.

            17.26 If we cease to continue to supply and/or support Website Builder Easy or the
                  prior version of Website Builder Easy (as applicable) and you can
                  demonstrate to our reasonable satisfaction that you will suffer more than a
                  minor detrimental impact as a result of such cessation, you can terminate
                  your BigPond WebHosting service with us within 60 days of the notice
                  without payment of early termination charges or registry key charges and we
                  will refund to you any unused portion of your monthly or yearly charges (as
                  applicable).

            17.27 If you do not tell us that you wish to terminate your BigPond WebHosting
                  service within the 60 days above, and you continue using your service from
                  the date on which we ceased to supply and/or support Website Builder Easy
                  or the prior version of Website Builder Easy (as applicable), you will be
                  deemed to have accepted this change to your service.

            17.28 If your BigPond WebHosting service is terminated, all your website content




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                    will be permanently erased.

            17.29 If you wish to deactivate Website Builder Easy only, all your then current
                  unpublished content which you have entered into the Website Builder Easy
                  interface will be permanently erased.

            17.30 If you publish content using Website Builder Easy, all other content in your
                  BigPond WebHosting account will be deleted.

       Charges

            17.31 You must pay the charges set out below for your BigPond WebHosting
                  service within 14 days of the date of our invoice to you. We will only send
                  you online invoices by making them available at the Mission Control panel.
                  You must regularly check the Mission Control panel for your invoices.

            17.32 A charge of $3.50 will apply if you request a paper invoice or we are
                  required to send you a paper invoice as a result of your credit card auto-debit
                  being denied.

            17.33 The following hosting charges apply to your BigPond WebHosting service:

                   Hosting           Bronze                  Silver                  Gold
                   Charges

                 BigPond       $9.95/month           $14.95/month            $19.95/month
                 Access
                 customer      $115.95/year          $173.95/year            $231.95/year
                 Non BigPond   $11.95/month          $17.95/month            $23.95/month
                 Access
                 customer      $143.40/year          $215.40/year            $287.40/year

              A BigPond Access customer is a customer who has a current BigPond internet access service
              with us (for example, Dial-up, Satellite, ADSL, Cable, or Wireless).

            17.34 If you become, or cease to be, a BigPond Access customer during the
                  minimum term or renewal term (as applicable), the hosting charges which
                  are payable by you will be adjusted effective from your next billing period.
                  This means that if you pay monthly hosting charges, your monthly charge
                  will be adjusted to the relevant BigPond Access customer monthly charge or
                  non BigPond Access customer monthly charge (as applicable) effective from
                  the following billing month. If you pay your hosting charges yearly in
                  advance, your charges will remain at their current rate for the remainder of




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                    your term, but will be adjusted when you commence a renewed term.

            17.35 If you are migrating from an existing Family or Small Business Hosting
                  service we will waive your BigPond WebHosting charges for the first month.

            17.36 Other charges for your BigPond WebHosting service are:

                   Other                Bronze                Silver                Gold
                  Charges

                One-off Setup    $35                   $35                  No set-up fee
                charge

                Excess           15.4c per MB          15.4c per MB         Capped, but
                monthly                                                     download traffic will
                download                                                    be shaped to dial-up
                                                                            speed (56k)
                Additional       2.2c per MB           2.2c per MB          2.2c per MB
                disk space

                Extra mail       $1 per mailbox per    $1 per mailbox per   $1 per mailbox per
                box              month                 month                month
                Extra            $2 per month or $24   Not applicable       Not applicable
                administration   per year (as
                fee for .com     applicable)
                and .net

                Site Move        $135                  $135                 $135
                Fee (if
                applicable)

                Registry Key     $25                   $25                  $25
                Charge (if
                applicable)


            17.37 The once-off set up charges are payable in advance. Hosting charges must
                  be paid monthly or yearly in advance. Other charges are payable in arrears.

            17.38 If you pay your hosting charges yearly in advance and choose to downgrade
                  to a different plan during the minimum term or renewal term (as applicable)
                  for your service, we will not be required to refund to you the difference in
                  your hosting charges for the plans.

            17.39 If you pay monthly hosting charges, you may not downgrade to a different
                  plan during your minimum term or renewal term (as applicable).




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            17.40 If you pay your hosting charges yearly in advance and choose to upgrade to a
                  different plan during the minimum term or renewal term (as applicable), you
                  will be required to pay the pro rated difference between the plans for the
                  balance of the term.

            17.41 If you pay monthly hosting charges and choose to upgrade to a different plan
                  during the minimum term or renewal term (as applicable), you will be
                  required to pay the increased monthly fee for the upgraded plan for the
                  balance of the term effective from the date of the upgrade.

            17.42 If you pay your hosting charges yearly in advance and you cancel your
                  service prior to expiry of the minimum term or the current renewal term, we
                  will not refund any amount of the charges paid in advance.

            17.43 Without limiting our rights under clause 2.2 or 2.9 of this Part, if you do not
                  pay your invoice amount when it is due, we may do any or all of the
                  following:

              (a)     if the amount remains outstanding for 30 days after the due date, terminate
                      your service; and

              (b)     if the amount remains outstanding for 60 days and there are reasonable
                      grounds for believing you represent a credit risk, terminate any other
                      service that we provide to you.

       Early Termination charges

            17.44 Except for our material breach of these terms or as otherwise set out in these
                  terms, if your BigPond WebHosting service is terminated prior to expiry of
                  the minimum term, or the then current renewal term (as applicable), you
                  must pay us an early termination charge equivalent to the balance of the
                  charges payable for the remainder of the minimum term or the then current
                  renewal term (as applicable) for your BigPond WebHosting service.




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        Taxes

            17.45 The charges in the charges section for the BigPond WebHosting services
                  may not include all taxes. You must pay us any applicable taxes that we
                  include as part of your invoice for the service. Applicable taxes may include
                  any stamp and other duties, fees, taxes (including GST) and charges relating
                  to your BigPond WebHosting service.

            17.46 If GST is imposed on any supply we make to you under Our Customer
                  Terms and the consideration payable for the supply under any other clause of
                  Our Customer Terms is not expressed to be inclusive of GST, you must pay
                  us on demand an additional amount calculated by multiplying the value of
                  that GST-exclusive consideration (without deduction or set-off) by the
                  prevailing GST rate. We will issue a tax invoice to you for any supply on
                  which GST is imposed.

            17.47 Unless otherwise stated, all pricing, fees and charges stated in these terms for
                  BigPond WebHosting are GST inclusive.

                “GST” and “Tax Invoice” have the same meaning as in the A New Tax System
                (Goods and Services Tax) Act 1999 (Cth).

       Service and Maintenance

            17.48 The BigPond WebHosting service comes with telephone technical support
                  and online technical support via the job logging system.

            17.49 We may perform scheduled maintenance to the systems that we use to
                  provide the service. We will attempt to perform all scheduled maintenance
                  at times which will affect the fewest customers. If we expect scheduled
                  maintenance will require the service to be unavailable for a continuous
                  period of greater than 30 minutes, we will post details of the times during
                  which the scheduled maintenance is due to occur on the Web Host System
                  News at least 48 hours prior to the maintenance. It is very important that you
                  check the Web Host System News regularly.

            17.50 We may perform unscheduled maintenance to the systems that we use to
                  provide the service. If the unscheduled maintenance requires the service to
                  be unavailable for a continuous period of greater than 30 minutes, we will try
                  to post details of the unscheduled maintenance on the Web Host System
                  News beforehand (otherwise we will post the details after the maintenance




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                         has been completed).

            17.51 We may migrate your website to a new operating system platform if any of
                  our suppliers cease to provide support for the legacy operating system, if the
                  server used to provide the service fails, or if we determine that the server has
                  (or may) become unreliable. We will tell you beforehand if we intend to
                  migrate your website to a new operating system platform.

       Warranties

            17.52 While we use reasonable care and skill in providing the service to you, there
                  are also other warranties in consumer protection laws (such as the Trade
                  Practices Act 1974 (Cth) and State and Territory Fair Trading Acts) that
                  cannot be excluded which may apply to goods or services we supply to
                  consumers, including that services be reasonably fit for their purpose.
                  However, due to the nature of the service, we do not promise that:

                   (a)     the service will be uninterrupted or error free;

                   (b)     the service will meet your requirements; or

                   (c)     the service will be free from external intruders (hackers), virus or worm
                           attack, denial of service attack, or other persons having unauthorised
                           access to the services or our systems.

            17.53 You warrant that:

                   (a)     you have the power to enter into and observe your obligations under these
                           terms;

                   (b)     you will conduct such tests and computer virus scanning as may be
                           necessary to ensure that data uploaded by you onto, or downloaded by you
                           from, our systems does not contain any computer virus and will not in any
                           way, corrupt the data or systems of any person;

                   (c)     you will keep secure any passwords used with the service; and

                   (d)     you have, and will maintain, the necessary authority to grant the rights,
                           consents, permissions and licences under these terms.

       Liability

            17.54 The terms that apply to you and us are expressly set out in these terms and



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                    those implied by laws that cannot be excluded by us. No other terms apply.
                    Other representations or statements we make to you, whether in person, over
                    the phone or in advertising or other materials you received, are not part of
                    these terms. However, you may have other legal rights in relation to those
                    representations.

            17.55 If you are a residential customer:

              (a)     except as set out in the paragraphs below, we accept our liability to you for
                      breach of contract or negligence under the principles applied by the courts;

              (b)     as your service is provided to you for the primary purpose of personal,
                      domestic or household use, subject to law, we do not accept liability to
                      you for losses that result from the use of your service in connection with
                      the conduct of a business; and

              (c)     we are not liable for any loss to the extent that it is caused by you (for
                      example, through your negligence or breach of contract).

            17.56 If you are a business customer:

              (a)     we limit our liability to you for any losses caused by any interruption or
                      delay to your service to an amount equal to the service charges billed to
                      you for the affected service for the period of the interruption or delay;

              (b)     we accept our liability to you for breach of contract or negligence under
                      the principles applied by the courts:

                      a)      for any personal injury or death to you, your employees, agents
                              and contractors in relation to the supply of the service;

                      b)      for any damage to your property (real or tangible) resulting from
                              the supply of the service, but we limit our liability to our choice of
                              repairing or replacing the property or paying the cost of repairing
                              or replacing it; and

                      c)      unless paragraph (a) above applies, for any other cost or expense
                              reasonably incurred as a direct result of our breach or negligence
                              (but excludes loss of profits, likely savings and data), but we limit
                              our liability for all such claims in aggregate to the total amount
                              payable to us by you for the first year of your service;




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              (c)     other than to the extent we have accepted liability under the clauses above,
                      we exclude all other liability to you or a third party for breach of contract,
                      negligence or any other cause of action. If we cannot lawfully exclude
                      liability, our liability is limited to resupplying or paying the cost of
                      resupplying services and repairing, replacing or paying the cost of
                      repairing or replacing goods;

              (d)     we are not liable for any loss to the extent that it is caused by you, your
                      employees, agents or contractors; and

              (e)     notwithstanding any other term, we are not liable for any loss caused by us
                      failing to comply with our obligations in relation to your service where
                      that is caused by events outside our reasonable control (such as a failure in
                      equipment that is not owned or operated by us, an industrial strike or an
                      act of God).

            17.57 You are liable to us if you breach these terms or act negligently under the
                  principles applied by the courts. However, you are not liable for any loss we
                  suffer to the extent that it is caused by us, for example, through our
                  negligence or breach of these terms.

            17.58 These provisions relating to liability will continue unaffected by cancellation
                  or suspension of your service.

            17.59 For the purposes of this liability section:
              Business customer means a customer who is not a Residential Customer.

              loss means loss or damage of any kind, however caused, whether in contract, tort
              (including negligence), under any statute or otherwise arising from or related in
              any way to these terms or its subject matter.

              Residential customer means a customer who takes up the service predominantly to
              use for personal, household or domestic use or consumption.

       Term, Suspension and Termination

            17.60 You may cancel your BigPond WebHosting service by having the contact
                  person listed on your BigPond WebHosting account log a request with
                  Mission Control, or request cancellation via facsimile, letter or phone. A
                  request for cancellation will not be accepted if you are unable to provide
                  your logon name and password (“VS number”). Early termination charges
                  and other charges may be payable in accordance with these terms if you
                  cancel your service prior to expiry of your minimum term or the then current



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                    renewal term (as applicable).

            17.61 If your BigPond Hosting service is terminated for any reason:

              (a)     you must immediately pay all charges owing up to the date of termination;
                      and

              (b)     we may delete all of your data from our systems.

            17.62 We may from time to time without notice suspend or disconnect your service
                  or deny access to your service if:

              (a)     we reasonably consider that you have failed to comply with any provision
                      of these terms (including failure to pay fees or charges due) and you do
                      not remedy your non-compliance 14 days after we tell you to do so (if the
                      non-compliance is of a kind that can be remedied) or immediately (if the
                      non-compliance is of a kind that cannot be remedied);

              (b)     you breach our acceptable use policy; or

              (c)     you do, or allow to be done, anything which in our reasonable opinion
                      have the effect of jeopardising the operation of the service.

            17.63 You remain liable to pay all fees and charges set out in these terms during
                  any period of suspension.

            17.64 We may remove, amend or alter any data:

              (a)     upon being made aware of any claim or allegation, or any court order,
                      judgment, determination or other finding of a court or other competent
                      body, that the data is illegal, defamatory, offensive or in breach of a third
                      party's rights (including intellectual property rights and moral rights); or

              (b)     if we reasonably consider that you have failed to comply with any
                      provision of these terms.

              We may not be able to tell you of this beforehand, but will give you notice within
              14 days after we have removed, amended or altered the data.

            17.65 We are not required to provide you with a copy of your data if:

              (a)     we suspend or disconnect your service or deny access to the service;




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              (b)     you remove, amend or alter your data; or

              (c)     these terms are terminated (for any reason).

            17.66 If we provide you with a copy of your data, then we are entitled to charge
                  you an additional $135 fee to cover the cost of us recovering, and providing
                  you with, that data.

       Domain name and termination

            17.67 If during the term of your BigPond WebHosting service your domain name
                  registration is not renewed and your domain name registration period expires
                  before the expiry of your minimum term or the then current renewal term (as
                  applicable):

              (a)     we will cease to be the delegated domain administrator for your domain
                      name on and from the expiry date of your domain name registration
                      period;

              (b)     we will cease to have any ongoing responsibility to you in respect of your
                      domain name on and from the expiry date of your domain name
                      registration period;

              (c)     if you request we will provide you with your domain name registration
                      key and password at no additional charge; and

              (d)     we will give you an opportunity to transfer your domain name to one of
                      our other domain name services in which case the charges for that service
                      will apply.

            17.68 If you cancel or elect not to renew your BigPond WebHosting service and at
                  the time of cancellation or expiry the registration period for your domain
                  name has not yet expired:

              (a)     we will cease to be the delegated domain administrator for your domain
                      name on and from the expiry date of your domain name registration
                      period;

              (b)     we will not be required to renew, send you reminder notices about your
                      domain name expiry or have any other ongoing responsibility to you in
                      respect of your domain name;




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              (c)     if you request we will provide you with your domain name registration
                      key and password, provided that you have paid us any early termination
                      charges and any other fees due to us under these terms including the
                      registry key charge if applicable as set out below;

              (d)     we will give you an opportunity to transfer your domain name to one of
                      our other domain name services in which case the charges for that service
                      will apply; and

              (e)     we may repoint your domain name to a domain name page selected by us
                      until your domain name registration period expires, you have transferred
                      your domain name to a different domain name registrar or reseller or you
                      have redelegated your domain name.

       Registry key charge

            17.69 If at the time that your BigPond WebHosting service is cancelled or expires
                  your domain name has already been renewed effective from or after the
                  relevant cancellation or expiry date, you must pay us the registry key charge
                  before we will provide you with your domain name registration key and
                  password.

            17.70 If at the time that your BigPond WebHosting service is cancelled or expires
                  your domain name has already been renewed but is effective before the
                  relevant cancellation or expiry date, you will not be required to pay the
                  registry key charge before we provide you with your domain name
                  registration key and password.

       Additional terms

            17.71 You must comply with:

              (a)     our acceptable use policy; and

              (b)     our operational procedures for the service which are set out in the Mission
                      Control User Guide at https://mc-au.server-secure.com

            17.72 If there is any inconsistency between the documents below, the document
                  listed earlier prevails to the extent of inconsistency:

              (a)     these terms;




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              (b)     our acceptable use policy; and

              (c)     our operational procedures for the service which are set out in the Mission
                      Control User Guide at https://mc-au.server-secure.com.

       Changes to these terms

            17.73 Except as otherwise set out in these terms, we can change these terms
                  (including any prices) in accordance the procedure set out below.

            17.74 We will tell you at least 30 days before a change, unless:

              (a)     we need to make the change immediately in order to act legally or the
                      change results from changes in the law. If this is the case, we will give you
                      as much notice as we reasonably can; or

              (b)     we reasonably believe the change will benefit you, has no impact on you,
                      or has neutral impact on you. If this is the case, we can make the change
                      without telling you first.

            17.75 When we tell you about changes to these terms we can do so by bill message,
                  bill insert, direct mail or email (if you have an email address and have agreed
                  for us to tell you about changes to Our Customer Terms by email). In
                  addition to this notice, we may also publish a notice in a national newspaper.

            17.76 If we make a change to your service and the change means that you are
                  materially worse off (other than where we need to make the change in order
                  to act legally or the change results from changes in the law), you may
                  terminate your service by telling us within 42 days from when we tell you
                  about the change. If you terminate your service, you will not have to pay us
                  the early termination charge or the registry key charge and the service will be
                  terminated from the date the change takes effect.

            17.77 If you choose to cancel your service as a result of the change, we will refund
                  you any unused portion of your monthly or yearly charges (as applicable).

            17.78 If you do not tell us that you wish to terminate the service within 42 days
                  after receiving notice of a change and you continue using the service from
                  the date on which the change comes into effect, the changes will apply to
                  you.




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        Miscellaneous

              17.79 We will archive your hosted content onto backup mechanisms on a regular
                    basis for the purposes of disaster recovery. In the event of equipment failure
                    or data corruption, we will use reasonable endeavours to restore your hosted
                    content from the last known good archive. Notwithstanding our backup
                    regimes, you must maintain a recent copy of your hosted content at your
                    premises at all times. You will ensure that all of your hosted content is
                    accessible by us at the time that a backup is to be carried out (including
                    ensuring that files are not locked or in use during this time). Any of your
                    hosted content that is not accessible by us at the time that a backup is carried
                    out will not be backed up. Due to technological limitations, we cannot
                    promise that, and despite our reasonable care, backups will: (a) occur on
                    every scheduled occasion, (b) be complete; or (c) be uncorrupted. We will
                    not be liable for incomplete, out-of-date, corrupt or otherwise deficient data
                    recovered from our backups where we have acted with reasonable care.

              17.80 You are responsible for developing, installing and maintaining your hosted
                    content. You must have appropriate and compatible equipment, software
                    and Internet access to upload your hosted content to our systems.

              17.81 You are solely responsible for dealing with persons who access your hosted
                    content, and must not refer complaints or inquiries in relation to your hosted
                    content to us.

              17.82 You must pay all telecommunications costs and charges arising from or in
                    connection with your BigPond WebHosting service.

              17.83 You must adopt appropriate measures to ensure the security of your logon
                    name, password and your hosted content. You are responsible for all use of
                    your service (including payment of applicable charges) through the use of
                    your logon name and password (whether or not that use was authorised by
                    you).

              17.84 You must advise us in a timely manner if you have reason to suspect that
                    your BigPond WebHosting service is being used contrary to these terms.

              17.85 We encourage you to use appropriate warnings and labelling systems for any
                    of your hosted content that is likely to be considered unsuitable for children
                    under Australian law and associated classification guidelines.2

   2
     For more information please consult the Internet Industry Association guidelines at http://www.iia.net.au/guideuser.html
   or the Australian Communications and Media Authority at http://www.cybersmartkids.com.au/.



Part G – Additional Service was last changed on 15 December 2010.
Our Customer Terms                                                               Page 168 of 168

BigPond service section

Part G – BigPond additional services




            17.86 The service is provided from data centres using shared infrastructure. We
                  will determine, in our absolute discretion, the location from which your
                  service is provided from time to time.

            17.87 You grant to us all rights, consents, permissions and licences necessary to
                  enable us and our subcontractors and suppliers to legally view, copy and
                  store your hosted content for the sole purpose of performing our obligations
                  under these terms.

            17.88 No title in the software, hardware, infrastructure or facilities used by us to
                  deliver the BigPond WebHosting service passes to you at any time.

            17.89 If you provide us with your credit card details, you authorise us to charge all
                  fees and charges to your credit card, and to disclose your credit card details
                  to, and obtain information from, any financial institution or credit card issuer
                  to verify the credit card details that you provide to us. You also authorise us
                  to take steps to verify that there is sufficient credit on your credit card
                  account to meet likely fees.

            17.90 You consent to us obtaining a credit reporting agency report containing
                  personal information about you (as well as information concerning
                  commercial creditworthiness and activities) for the purpose of assessment by
                  us of an application for credit (whether commercial or personal) or for the
                  purpose of the collection of payments which are overdue.

            17.91 We collect, use and disclose personal information as set out in our
                  “Protecting Your Privacy” Statement. The current version of our Privacy
                  Statement is available at
                  http://www.telstra.com.au/privacy/privacy_statement.html.




Part G – Additional Service was last changed on 15 December 2010.

								
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