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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                                      8
       2       General conditions for BigPond additional services    8
               Credit card payments                                  8
               Late or dishonoured payments                          8
               Adjustments                                           9
               Material breach                                       9
               Our additional rights to cancel your service          9
               Refund of prepayments                                10
               Security                                             10
               Unauthorised Use                                     10
       3       Dial-up for broadband                                11
               Availability                                         11
               Charges                                              11
       4       Wireless hotspots                                    11
               Service description                                  11
               Availability                                         12
               Group user plans and business executive LAN plans    12
               Limitations of the service                           12
               Security                                             12
               Your obligations                                     13
               Use of the service                                   13
               Charges                                              13
               Suspension and termination                           14
               Changing these terms                                 15
               Maintenance of the service                           15
               Our liability to you                                 15
               Your liability to us                                 17
               Privacy                                              17
               Transferring your service                            17
               Taxes                                                17
               General terms                                        18
       5       Global Roaming                                       18
               What is the global roaming service?                  18
               Availability                                         18
               Limitations of the service                           19
               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                                            22
               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                                                       26
               Email Virus Filter (not included in new BigPond Security services from 30 May
               2011)                                                             27
               Limitations - Email Virus Filter                                  28
               Email Spam Filter (not included in new BigPond Security services from 30 May
               2011)                                                             28
               Limitations - Email Spam Filter                                   29
               Personal Firewall                                                 29
               Limitations - Personal Firewall                                   29
               Desktop Anti-Virus                                                29
               Limitations - Desktop Antivirus                                   30
               Content Filter - Parental Controls                                30
               Limitations - Content Filter - Parental Controls                  30
               Additional features of Content Filter - Parental Controls         30
               Eligibility                                                       30
               Additional Features                                               31
               Pre-defined Filter Policies                                       31
               Reporting – Content Filter – Parental Controls                    32
               Privacy Protection                                                32
               Limitations - Privacy Protection                                  32
               SafeCentral                                                       32
               Eligibility                                                       32
               What is SafeCentral?                                              33
               Limitations – SafeCentral                                         33
               Anti-Phishing                                                     33
               Limitations - Anti-Phishing                                       34
               Anti-Spyware                                                      34
               Limitations - Anti-Spyware                                        34
               Trial                                                             34
               Minimum term                                                      35
               Charges for standalone security service(s) (unavailable for purchase by BigPond
               Internet customers since 30/6/2007                                38
               Charges for standalone security service(s) (unavailable for purchase prior to 30
               May 2011 and unavailable to BigPond security services customers)38
               Single-User and Family Pack Licences                              39
               Availability                                                      39
               Licence Options                                                   40
               My BigPond Security self-care service                             41


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               Limitations – My BigPond Security self-care service                 42
               Your right to cancel your security services                         42
               Our rights to cancel your security service(s)                       43
               Renewal of new security services                                    44
               Our rights to suspend your security service(s)                      44
               Your rights to terminate or suspend                                 45
               Our right to migrate your service                                   45
               Changing these terms                                                46
               Maintenance of the service                                          46
               Our liability to you                                                47
               Information                                                         48
               Transferring your security service(s) or rights under this Section 649
               Right of use                                                        49
               Software licenses                                                   50
               Warranties                                                          51
               Export Restrictions                                                 51
               Taxes                                                               51
               General                                                             52
       7       Premium Mail                                                       52
               Availability                                                       52
               Features of each plan                                              53
               Charges                                                            55
               Additional Storage terms                                           56
               Domain name services                                               56
               Service availability                                               58
               Use of the service                                                 58
               Terms regarding use of Microsoft software                          59
               Your obligations                                                   61
               Commencement and termination                                       62
               Changing these terms                                               63
               Limitation of liability                                            63
               Privacy                                                            65
               Transferring your service                                          65
               Taxes                                                              65
               General terms                                                      66
       8       Additional mailboxes                                               66
               General                                                            66
               Limitations of the service                                         66
               Charges                                                            67
       9       Domain names                                                       67
               Restrictions on domain names                                       67
               Limitations of the service                                         67
               Domain Name Registration                                           67
               Domain Name Management                                             68
               Charges                                                            68
               Renewal of Domain Name Registration and Management Fees            68


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               Warranties                                                 69
               Liability                                                  69
               Termination                                                71
               Miscellaneous                                              71
       10      Family Website hosting and Small Business hosting          72
               Availability                                               72
               General                                                    72
               Family website hosting plans                               74
               Small business website hosting plan                        74
               Limitations of the service                                 75
               Service and Maintenance                                    75
               Charges                                                    75
               Charges for family website hosting                         76
               Charges for small business website hosting                 77
               Warranties                                                 78
               Liability                                                  78
               Term, Suspension and Termination                           80
               Additional terms                                           82
               General                                                    82
               Changes to these terms                                     82
       11      Premium Website Hosting and add ons                         83
               General                                                     83
               Limitations of the service                                  84
               Premium website hosting plans                               84
               Charges for premium hosting                                 85
               Other charges                                               89
               Add ons                                                     89
               Website builder add on                                      89
               Business mail add-ons                                       90
               Web forum add on                                            91
               Microsoft windows streaming media - on demand streaming add-on92
               Additional mailing lists add on                             92
               Additional security tokens                                  93
               Additional data sources add-on                              93
               Macromedia coldfusion mx add-on                             94
               SQL database add-on                                         95
               SQL Lite add-on                                             97
               Domain specific SSL keys add-on                             98
               Domain Name Management service                              99
               Service and Maintenance                                    100
               Warranties and Indemnity                                   101
               Liability                                                  102
               Term, Suspension and Termination                           103
               Additional terms                                           104
               General                                                    105




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       12      Online Storage                                  106
               Your obligations                                107
               Plan Terms                                      107
               Availability                                    108
               Charges                                         108
               Intellectual property                           109
               Service availability                            110
               Use of the service                              111
               Cancellation and termination                    111
               Commencement and termination of these terms     112
               Changing these terms                            112
               Maintenance                                     113
               Limitation of liability                         113
               Privacy                                         115
               Transferring your service or this these terms   115
               Taxes                                           115
               General terms                                   115
       13      BigBlog                                         116
               Your obligations                                116
               Availability                                    116
               Use of your logon name                          117
               Archives                                        117
               Software terms                                  118
               Permitted use                                   118
               Data restrictions                               119
               Intellectual property                           120
               Eligibility                                     121
               Charges                                         121
               Suspension and termination                      122
               Changing these terms                            122
               Maintenance of the service                      122
               Liability                                       123
               Warranty                                        124
               Indemnity                                       124
               Privacy                                         124
               Transferring your service                       125
               General terms                                   125
       14      BigPond Photos                                  125
               Your obligations                                125
               Service Description                             128
               Limitations of the service                      128
               Charges                                         128
               Suspension and termination                      128
               Changing these terms                            129
               Maintenance of the service                      130
               Limitation of liability                         130


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               Warranty                                               130
               Privacy                                                131
               Transferring your service                              131
               General terms                                          131
       15      Static IP for ADSL                                     132
               Charges                                                132
               Eligibility                                            133
               IP Address Licence                                     133
               Help Desk                                              133
               Liability                                              134
               Information                                            135
               Suspension and termination                             137
               Transferring the service or IP Address                 138
               Changing these terms                                   138
               Other general terms                                    139
       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                                          149
       17      BigPond WebHosting                                     150
               What is BigPond WebHosting?                            150
               Availability                                           150
               Minimum Term and auto-renewal                          151
               Domain Name Registration                               152
               Website Builder Easy Software                          153
               Charges                                                155
               Early Termination charges                              157
               Taxes                                                  157
               Service and Maintenance                                158
               Warranties                                             158
               Liability                                              159
               Term, Suspension and Termination                       161
               Domain name and termination                            162
               Registry key charge                                    164


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               Additional terms                               164
               Changes to these terms                         164
               Miscellaneous                                  165




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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;

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



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       (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:

       (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:




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                     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.

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:




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       (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)


4      Wireless hotspots
       Service description

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




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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 due care and skill in providing the service. There are also other non-
       excludable rights under consumer protection laws (such as the Competition & Consumer
       Act 2010 and State and Territory Fair Trading Acts) which may apply to goods or
       services we supply to consumers, including that services be fit for their purpose.
       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.



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       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.

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




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       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;

       (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.


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       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.

       Our liability to you

4.29   Your service is supplied on the expressly set out and subject to non-excludable rights
       under consumer protection laws. 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 act negligently under the
       principles applied by the courts or breach any non-excludable right under consumer
       protection laws, 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.


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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, if lawful to do so under consumer protection laws,
       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

       (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
                provided it is lawful to do so 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, but can be limited, 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.




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       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.

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


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       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).

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




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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 due care and skill in providing the service to you. There may also be other
       non-excludable statutory guarantees, implied conditions or warranties under consumer
       protection laws (such as the Competition & Consumer Act 2010 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 fit for their purpose. 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.

       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.




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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.

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.




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               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.

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.




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       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.

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, act negligently under the
       principles applied by the courts or breach any non-excludable right under consumer
       protection laws, 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, if lawful to do so under consumer protection laws,
       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




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       (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
                provided it is lawful to do so 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.

5.33   Other than for the liability we accept under this clause 5, and for liability that cannot be
       lawfully excluded or limited under consumer protection laws, 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 but can be limited 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).




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

       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    If you acquire a BigPond Security service on or before 30 May 2011 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;

      (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     If you acquire a BigPond Security service after 30 May 2011 your security services
        consist of the following:

        (a)     Personal Firewall;

        (b)     Desktop Anti-Virus;

        (c)     Content Filter - Parental Controls;

        (d)     Privacy Protection;

        (e)     Anti-Phishing;

        (f)     Anti-Spyware; and

        (g)     SafeCentral Identity Protection

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




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6.3         Except for SafeCentral, 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.

6.4         Except for SafeCentral, the security services are all included in your BigPond Security
            software download and you do not need to download each software component
            individually.

6.5         Before 30 May 2011, this Section used the terms “multi-user licence” and “Family Pack
            Licence” interchangeably. To avoid confusion, on and from 30 May 2011, this Section
            now only refers to “Family Pack Licence”. If you were used to the term “multi-user
            licence”, you can still read this Section as if references to a “Family Pack Licence” were
            references to your “multi-user licence”.

            Eligibility

      6.6 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.

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

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

      6.9          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://bigpond.com/security




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     (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).

       6.10 The software is set to automatically update as updates and enhancements become
            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.

       6.11 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 (not included in new BigPond Security services from 30 May
       2011)

       6.12 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

       (c)   encrypted emails.

       6.13 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.




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

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

       6.16 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

       6.17 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.

       6.18 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.

       6.19 Email Virus Filter does not check your outgoing emails.

       Email Spam Filter (not included in new BigPond Security services from 30 May
       2011)

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

       6.21 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.

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

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



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       6.24 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

       6.25 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.

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

       Personal Firewall

       6.27 Personal Firewall provides firewall software which you will for download onto your
            PC(s) as part of your BigPond security software download.

       6.28 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

       6.29 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.

       Desktop Anti-Virus

       6.30 Desktop Anti-Virus provides virus scanning software, which you will download
            onto your PC(s) as part of your BigPond security service software download.

       6.31 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


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             recognised by Desktop Anti-Virus to stop them adversely affecting your PC(s).
             Desktop Anti-Virus also scans other types of files "on-demand".

       6.32 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

       6.33 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

       6.34 Content Filter - Parental Controls provides content filter software, which you will
            download onto your PC(s) as part of your BigPond security software download.

       6.35 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

       6.36 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.

       Additional features of Content Filter - Parental Controls

       Eligibility

6.37   The following additional features are included as part of the Content Filter – Parental
       Controls software if:


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       (a)    you purchase the BigPond security service on or after 30 May 2011;

       (b)    you are an existing customer and the minimum term of your Family Pack licence
              option expires after 30 May 2011;

       (c)    you upgrade to a Family Pack licence option from a Single User licence option on
              or after 30 May 2011; or

       (d)    you renew a Family Pack licence option on or after 30 May 2011.

       Additional Features

6.38   Content Filter- Parental Controls provides content filter software, which you will
       download onto your PC(s) as part of your BigPond security software download.

6.39   You will be asked to set up Parental Controls immediately after restarting your PC
       following installation of the BigPond security service.

6.40   Content Filter - Parental Controls has the following features:

       (a)    you can choose to accept our default policy (which is the General filter policy as
              described below) for the filter settings which will apply to each of the three users
              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 select one of our Pre-defined Filter Policies to apply to each of the users
              and time limits for each user online using MyBigPond Security self-care service;

       (c)    you can use the Safe search functionality (enabled for each Pre-defined Filter
              Policy other than Adult) to block restricted content by filtering your default search
              engine;

       (d)    you will receive regular reports which are sent to the nominated parent’s or the
              account holder’s BigPond e-mail address;

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

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

       Pre-defined Filter Policies

6.41   The different pre-defined filter policies you can select from are:

       (a)    Safe List or “exempt”;


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       (b)     General;

       (c)     Parental Guidance; and

       (d)     Adult.

       Reporting – Content Filter – Parental Controls

6.42   You will receive the following regular reports for each user with the relevant Pre-defined
       Filter Policy (other than Adult):

       (a)     Safe List: a daily report listing blocked categories and the top 10 blocked sites
               which the user attempted to access as well as a weekly report listing the top 10
               most visited sites for the user;

       (b)     General: a weekly report listing blocked categories, the top 10 blocked sites which
               the user attempted to access and top 10 most visited sites for the user;

       (c)    Parental Guidance: a weekly report listing blocked categories and the top 10
       blocked sites which the user attempted to access as well as a monthly report listing the top
       10 most visited sites for the user.

6.43   You will not receive any reports for users if the Pre-defined Filter Policy is set to Adult.

       Privacy Protection

6.44   Privacy Protection helps reduce pop-up windows and can be downloaded onto your PC(s)
       as part of your BigPond security software download.

       Limitations - Privacy Protection

6.45   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.

       SafeCentral

       Eligibility

6.46   SafeCentral is available as part of the BigPond security services if:

       (a)     you purchase your BigPond security service on or after 30 May 2011;

       (b)     you are an existing customer and the minimum term of your Family Pack licence
               option expires after 30 May 2011;



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       (c)    you upgrade to a Family Pack licence option from a Single User licence option on
              or after 30 May 2011;

       (d)    you renew a Family Pack licence option on or after 30 May 2011; or

       (e)    you are not an existing BigPond security services customer and you acquire
              SafeCentral as a standalone service.

6.47   SafeCentral is also available as a standalone purchase by BigPond Broadband customers
       after 30 May 2011 if you have used the Web Threat Analyser browser plug-in and
       received an assessment which indicates you are already fully protected by an existing non-
       BigPond security application.

6.48   You will need to download SafeCentral separately from your BigPond security software
       download. You can download and install the SafeCentral software by using the My
       BigPond Security self-care service.

       What is SafeCentral?

6.49   SafeCentral aims to provide protection against online identity theft by creating a separate
       place on your PC designed to lock out keyloggers, spyware and malware which may
       already exist on your PC.

6.50   Subject to the limitations below, SafeCentral has the following features:

       (a)    it is designed to minimise the risk of personal data (such as credit card numbers or
               passwords) being stolen when you share such data in online transactions;

       (b)    when installed, it prompts you to use SafeCentral whenever you visit banking,
              financial or shopping sites and if you proceed you will be redirected to a new
              browser within SafeCentral;

       (c)    it alerts you if you hit a website which it identifies as a phishing site; and

       (d)    it does not depend on your PC being free from infection.

       Limitations – SafeCentral

6.51   SafeCentral cannot guarantee that your online transactions will be secure or that your
       personal data will be secure.

       Anti-Phishing

       6.52 Anti-Phishing provides anti-phishing software, which you can download onto your
            PC(s) as part of your BigPond security software download..


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       6.53 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

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

       Anti-Spyware

       6.55 Anti-Spyware provides anti-spyware software, which you can download onto your
            PC(s) as part of your BigPond security software download.

       6.56 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

       6.57 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

       6.58 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.

       6.59 To participate in the trial, you must give us your Telstra account number so that
            after the trial your Bigpond Security services can be billed directly to your Telstra
            bill. Alternatively you can provide us your credit card details if you would prefer
            this as your payment option

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

       6.61 You can cancel the trial at any time during the trial period by using the self help
            pages online at My BigPond or by calling us on 137663 (13POND)..

       6.62 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.



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       The trial period will commence on the date on which you complete the purchase process for your
       security services.

       Minimum term

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

       6.64 The minimum term for the security services is:

       (a)     if you choose either the monthly payment option or the upfront payment option
               after 30 May 2011:

               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 are an existing customer who chose the upfront payment option before 30
               May 2011:

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

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

       6.65 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.

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

       6.67 The charges for your security services depend on when you purchase the security
            services and whether you choose:

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

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

       (c)     the single user licence option or the Family Pack licence option.




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6.68    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
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 licence   12 months           12 month subscription fee     Monthly subscription fee for a 12
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.

6.69    Charges for security services that commenced on or after 30 November 2010 but prior to
        30 May 2011:




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                      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 licence   12 months          12 month subscription fee     Monthly subscription fee for a 12
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.



6.70    Charges for security services that commenced on or after 30 May 2011:

                      Term of plan       Upfront payment option        Monthly payment option
Family Pack 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
                                         when your minimum term        (minimum cost over 12 months is
(protects up to 3
                                         commences.                    $119.40), payable each month
PCs)
                                                                       after your minimum term
                                                                       commences.

                      24 months          24 month subscription fee     Monthly subscription fee for a 24
                                         is $179.95, payable in full   month subscription is $9.95
                                         when your minimum term        (minimum cost over 24 months is
                                         commences.                    $238.80), payable each month
                                                                       after your minimum term
                                                                       commences.

        All prices are GST inclusive.



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 6.71 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.

 6.72 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

        6.73 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 for standalone security service(s) (unavailable for purchase prior to 30
         May 2011 and unavailable to BigPond security services customers)

6.74    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                              Term of plan      Upfront             Monthly
                                                                  payment option      payment option

SafeCentral Application                               12 months            $59.95             $5.95
                                                                                         (minimum
                                                                                       cost over 12
                                                                                         months is
                                                                                            $71.40)

        All prices are GST inclusive.

    Charges and billing - General terms

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




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

       6.77 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).

       6.78 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.

       6.79 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

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

       6.81 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 Licences

       Availability

6.82   The Single user licence option is not available to new customers from 30 May 2011.

6.83   If you are an existing customer you can retain your Single user licence option until you
       either renew your subscription or cancel the service. You may, at any time, upgrade to
       purchase a Family Pack licence option.




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       Licence Options


       6.84 There are three licence types for the security services:

       (a)    Single user licence option: this option was available to new customers until 29
              May 2011 and is where the security services are used to help protect your primary
              BigPond Email Address and one Windows PC and you must ensure the security
              services are only used for one PC and one Email address; or

       (b)    Family Pack licence option: this option is where the security services are used to
              help protect up to 3 BigPond email addresses (not available from 30 May 2011)
              and 3 Windows PCs and you must ensure that no more than three email addresses
              and 3 Windows PCs use the security services; or

       (c)    Standalone SafeCentral licence option: this option is available from 30 May
              2011to BigPond Broadband Customers who are not BigPond Security customers .
              To be eligible for BigPond Safecentral standalone, these customers must first have
              used the Web Threat Analyser browser plug-in and received an assessment which
              indicated they were already fully protected by an existing non-BigPond security
              application.

       6.85   If you have chosen the single user licence option prior to 30 May 2011, you can
              upgrade to the Family Pack 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 Family
               Pack licence and a new minimum term will commence from the date that you
               make your yearly or monthly payment for the Family Pack licence option (in the
               case of the monthly subscription option, your first payment);

       (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 single user licence option, you will have to make an
               upfront payment for the Family Pack licence option which will be equal to the
               current Family Pack licence upfront payment cost for your selected plan less an
               amount that is calculated in accordance with the following formula:




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   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
       (d)    if the minimum term of your original contract is 12 months you can upgrade to a
              12 or 24 month Family Pack licence option. However, if the minimum term of
              your original contract is 24 months you cannot downgrade to a new 12 month
              Family Pack licence minimum term.

6.86   If you have chosen the standalone SafeCentral licence option, you can upgrade to a Family
       Pack at any time however:

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

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

       (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 standalone SafeCentral licence option, you will have to
               make an upfront payment for the Family Pack licence option which will be equal
               to the current Family Pack licence upfront payment cost for your selected plan
               less an amount that is calculated in accordance with the following formula:


   Your original SafeCentral licence subscription fee x number of months remaining in
                        your SafeCentral licence contract term
           Total number of months in your SafeCentral licence contract term
       My BigPond Security self-care service

       6.87 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.

       6.88 Subject to the limitations below, you can use the My BigPond Security self-care
            service to manage your BigPond security service(s) in the following ways:

       (a)    if your computer operates on Windows XP or later, Windows Vista or Windows 7,
               you can use the PC Optimisation Tools to perform disk cleaning which will help


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               to increase your free hard disk space, to report a bug, to use the disk defrag tool
               and to use the web washer tool;

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

       (c)     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);

       (d)     upgrade your plan from a Single Licence to a Family Pack 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).

       6.89   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/.

       Limitations – My BigPond Security self-care service

6.90   The PC Optimisation Tools cannot guarantee that the operation of your PC(s) will be
       completely optimised after use.

       Your right to cancel your security services

6.91   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:

       (b)     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

       (c)     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

       (d)     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.


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       Our rights to cancel your security service(s)

       6.92 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 Family Pack 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
               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.

       6.93 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.

       6.94 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.

       6.95 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




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         (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.

 6.96          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.

 6.97          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
                service(s) under this clause, we will refund to you subscription charges you have
                paid regarding any part of your remaining minimum term.

 6.98           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

 6.99           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).

 6.100          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)

 6.101          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


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             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.

       6.102 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.

       Your rights to terminate or suspend

       6.103 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.

       6.104 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

       6.105 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).

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




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               Changing these terms

       6.107 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.

       6.108 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.

       6.109       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.

       6.110 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.

       6.111 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

       6.112 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 Family Pack licence subscription.


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       6.113 You may notify us of a problem by submitting a request for technical support
            services via the website https://bigpond.custhelp.com/cgi-
            bin/bigpond.cfg/php/custom/forms/ask.php?p_type=technical.

       Our liability to you

       6.114 Your service is supplied on the terms expressly set out in this Section 6 and subject
            to non-excludable rights under consumer protection laws. 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.

       6.115 If you are a BigPond Internet residential customer we accept our liability to you if
            we breach this Section 6 act negligently under the principles applied by the courts or
            breach any non-excludable rights under consumer protection laws, 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
                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.

       6.116 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, if it is
                lawful to do so under consumer protection laws, 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 or breach any non-excludable right under
                consumer protection laws:


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

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

                        (iii)   unless clause Error! Reference source not found.6.116(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 provided it is lawful to do so 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, and for liability that
                cannot be lawfully excluded or limited under consumer protection laws, 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 but can be limited 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)      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.

       Your liability to us

        6.117       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

        6.118       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



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                   applicable security service(s), and information provided by you in connection
                   with this Section 6 or the security services.

        6.119      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.

        6.120      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.

        6.121      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;

          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

       6.122       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.

       6.123       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.




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                      Right of use

       6.124          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.

       6.125          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.

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

                      Software licenses

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

       6.128          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.

       6.129          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;

       6.130          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




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               (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

       6.131         While we use reasonable care and skill in providing the service to you, there are
                     also other non-excludable statutory guarantees, implied conditions or
                     warranties under consumer protection laws (such as Competition & Consumer
                     Act 2010 and State and Territory Fair Trading Acts) that may apply to goods or
                     services we supply, including that services be 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

       6.132 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

       (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.

       6.133 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

       6.134 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


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             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.

       6.135 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

       6.136 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.

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

       6.138 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.

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.




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       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.

       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;



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       (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:

       (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;



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       (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.

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




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        Plan                                        Storage space        Monthly              Additional
                                                                         Fee                  storage charge



        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.

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:


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       (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.

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;


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       (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.

       Service availability

7.27   We will use due care and skill in providing the service. There are also other non-
       excludable rights under consumer protection laws (such as Competition & Consumer Act
       2010 and State and Territory Fair Trading Acts) which may apply to goods or services we
       supply to consumers, including that services be 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.




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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 and skill.

           This clause does not 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.

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:



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       (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.

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.




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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.

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 Competition
       & Consumer Act 2010 and similar state and territory laws in Australia in respect of which
       liability may not be excluded or limited. If liability under some consumer protection laws
       cannot be excluded but can be limited,, 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.



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             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".

       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 due care and skill in providing the service. There may also be other non-
       excludable statutory guarantees, implied conditions or warranties under consumer
       protection laws (such as the Competition & Consumer Act 2010 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 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:




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       (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

       (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.




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       Limitation of liability

7.65   Your service is supplied on the terms expressly set out and subject to non-excludable
       rights under consumer protection laws. 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.

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 or breach any non-excludable right under consumer
       protection laws, 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, if lawful to do so under consumer protection laws,
       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


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               excludes loss of profits, likely savings and data), but we limit our liability,
               provided it is lawful to do so 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.

7.73   Other than for the liability we accept under this clause 7, and for liability that cannot be
       lawfully excluded or limited under consumer protection laws, 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,
       but can be limited, 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 obligations under these



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       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
        .info

        .name                                             1 year               $65.00              $12.50




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             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. 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 act negligently under the principles
       applied by the courts or breach any non-excludable right under consumer protection law,
       except as set out in clauses 11.17 and 11.18.




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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, if it is lawful to do so under consumer protection
       laws, 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
               provided it is lawful to do so 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.

9.22   Other than for the liability we accept under clauses 9, and for liability that cannot be
       lawfully excluded or limited under consumer protection laws, 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, but
       can be limited, 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.


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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.

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.



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       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

       (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).



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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.

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.

    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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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
                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;



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       (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.

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


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        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:

        (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.




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           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 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.




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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

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 due care and skill in providing the service to you, there may also be other
      non-excludable statutory guarantees, implied conditions or warranties under consumer
      protection laws (such as Competition & Consumer Act 2010 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 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.



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        Liability

10.46 Your service is supplied on the terms that are expressly set out and subject to non-
      excludable rights under consumer protection laws. 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.

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 act negligently under the
      principles applied by the courts or breach any non-excludable right under consumer
      protection law, 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, if it is lawful to do so under consumer protection
      laws, 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


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                 excludes loss of profits, likely savings and data), but we limit our liability
                 provided it is lawful to do so 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.

10.54 Other than for the liability we accept under clauses 10.45-10.56, and for liability that
      cannot be lawfully excluded or limited under consumer protection laws 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, but can be limited, 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.


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10.60 We may from time to time without notice:

       (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.



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10.64 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)     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
       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




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        (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.

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



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               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:

       (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:


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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).

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:

         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.




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



        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



        Premium Hosting 1500                          1500MB           4000MB             $105.00               $




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




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.

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 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




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       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:

        Plan                                                   Additional           Monthly fee
                                                               mailboxes


        Business Mail 10                                                       10             $22.00

        Business Mail 50                                                       50             $49.00




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        Plan                                             Additional            Monthly fee
                                                         mailboxes


        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



11.53 [not used]




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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



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




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       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



       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




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       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

        Premium 3000 (Monthly)                                 $50.00/month

        Premium Hosting 800 (Yearly)                           $165.00/year

        Premium Hosting 3000 (Yearly)                          $550.00/year




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       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
               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




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                  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;

             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




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              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


       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.




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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 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




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        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
      Melbourne IT located at http://www.melbourneit.com.au/policies/index, 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
                  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 Melbourne IT located at http://www.melbourneit.com.au/policies/index,
                  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



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        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.

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




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        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 your web site to a new operating system platform.

        Warranties and Indemnity

11.112 Your service is supplied on the terms that are expressly set out and subject to non-
       excludable rights under consumer protection laws. 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;




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        (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 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 to the extent provided in this clause and in
       accordance with any non-excludable right under consumer protection law.

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 fit for a particular
                purpose for which was made known by you to us; and

        (c)     we are otherwise required as a result of non-excludable rights under consumer
                protection laws.

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



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                relates to goods.

11.119 Other than liability accepted by us in clause 11.117, and subject to clause 11.118, 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, and 11.118, our total liability for loss
       or damage of any kind not excluded by clause 11.119, however caused, 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 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,




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                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
                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:




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       (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 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




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       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 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;




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       (c)     installation of the software or any on-site service; or

       (d)     any telecommunications services or Internet access required to access BigPond
               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 due care and skill in providing the service. There may also be other non-
       excludable statutory guarantees, implied conditions or warranties under consumer
       protection laws (such as Competition & Consumer Act 2010 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 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 may
      also be non-excludable statutory guarantees, implied conditions or warranties under
      consumer protection laws (such as the Competition & Consumer Act 2010 and State and
      Territory Fair Trading Acts) which may apply to goods or services we supply, 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 sole discretion, archived data is held for a
      maximum of 35 days.




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       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 billing cycle,
      by giving you 30 days’ prior written notice.




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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 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



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        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 Your service is supplied on the terms that are expressly set out and subject to non-
      excludable rights under consumer protection laws. 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 act negligently under the
      principles applied by the courts or breach any non-excludable right under consumer
      protection laws, except as set out in clauses 12.53 and 12.54.

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



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        systems not owned or controlled by us) we cannot promise that the service will be
        continuous or fault free. Accordingly, if lawful to do so under consumer protection laws
        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
                 provided it is lawful to do so 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, but
      can be limited, 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 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 act negligently under the principles applied
      by the courts or breach any non-excludable right under consumer protection laws.
      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.




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       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 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




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       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
               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




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       Telstra wholesale customer.

13.4   We will use due care and skill when providing the service. There may also be other non-
       excludable statutory guarantees, implied conditions or warranties under consumer
       protection laws (such as the Competition & Consumer Act 2010 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 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 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




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        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

        (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




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               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:

       (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




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               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:

       (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



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        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 (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.




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        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
                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




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        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 Your service is supplied on the terms expressly set out and subject to non-excludable
      rights under consumer protection laws. 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 or breach any non-excludable right under consumer
      protection law, except as set out in clauses 13.36 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, but can
      be limited, 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.




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       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;

       (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



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       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 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;




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       (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
               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 due care and skill when providing the service. There may also be other non-
       excludable statutory guarantees, implied conditions or warranties under consumer
       protection laws (such as the Competition & Consumer Act 2010 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 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



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        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.

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:




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             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).

       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, 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




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        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 Your service is supplied on the terms expressly set out and subject to non-excludable
      rights under consumer protection laws. 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 or breach any non-excludable right under consumer
      protection laws, 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.

        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



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               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 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.




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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.

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




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        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.

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.




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        Liability

15.22 Your service is supplied on the terms that are expressly set out and subject to non-
      excludable rights under consumer protection laws. 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 act negligently under the
      principles applied by the courts or breach any non-excludable rights under consumer
      protection laws, 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 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, if lawful to do so under consumer protection laws
      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




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       (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
                 provided it is lawful to do so 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, but can be limited, 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 act negligently under the principles applied
      by the courts or breach any non-excludable right under consumer protection laws.
      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.

        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:




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       (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
               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



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       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 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




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       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 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



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       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 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.




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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.

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




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                  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

       (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




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                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

       (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 due care and skill in providing the service to you, there may also be other
      non-excludable statutory guarantees, implied conditions or warranties under consumer
      protection laws (such as the Competition & Consumer Act 2010 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 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,



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        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 (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



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              copy of the software, in which case you must only do so to the extent permitted by
              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 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,



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       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 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



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        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 Your service is supplied on the terms expressly set out and subject to non-excludable
      rights under consumer protection laws. 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 act negligently under the principles applied by the
      courts or breach any non-excludable right under consumer protection laws, 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 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, if lawful to do so



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        under consumer protection laws, 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,
                provided it is lawful to do so, 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, and subject to this clause, 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, but can be limited, 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.

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.




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        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
      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



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               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.

       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



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       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
               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.




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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 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



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        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 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 25 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




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               (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 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



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       liability section of these terms. However, notwithstanding anything in these terms,
       consumers may have the benefit of certain rights or remedies pursuant to Competition &
       Consumer Act 2010 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 if lawful to do so, 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 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



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       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 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




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       yearly in advance, your charges will remain at their current rate for the remainder of 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.

        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




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       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 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 due care and skill in providing the service to you, there may also be other
      non-excludable statutory guarantees, implied conditions or warranties under consumer
      protection laws (such as the Competition & Consumer Act 2010 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 fit for their purpose. However, due to the




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       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 Your service is supplied on the terms expressly set out and subject to non-excludable
      rights under consumer protection laws. No other terms or rights 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
                         or breach of any non-excludable right under consumer protection laws;

                   (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




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                      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 where lawful to do so, 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 or
                      breach of any non-excludable right under consumer protection law 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, provided it is lawful to do so, for all such claims in
                              aggregate to the total amount payable to us by you for the first
                              year of your service;

              (c)     other than to the extent we have accepted liability under the clauses above,
                      and for liability that cannot be lawfully excluded or limited under
                      consumer protection laws, 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, but liability can be lawfully limited, 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




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               (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 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:




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               (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;

               (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




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       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;

               (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.




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       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;

               (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,



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                        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.

        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



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         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

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.

    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/.




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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 26 May 2011.

				
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