Definitions

· “The Provider” means Overflow Internet Services (ABN 76283144986 ) trading as Overflow Hosting, Overflow DSL, and any other associated, company, their heirs, successors & assigns.

· “Service” means the means to access the worldwide computer network known as the Internet provided by the provider including information services, computer resources,
disk storage and computer communication resources that may or may not be the property of the provider and the actual ability to use the resources so provided.

· “Customer” means the user of this Service who pays fees to The Provider.

· "ADSL" means ADSL Broadband, and not limited to ADSL2+ Broaband, Mobile 3G Broadband

Provision of Service
· The Provider shall provide the Customer with the Service. It is intended that the Service shall generally be available 24 hours a day, seven days a week except for service maintenance times which the Provider shall make reasonable attempts to advise to the Customer from time to time. However, there is no undertaking in respect to service availability and it is specifically understood that no express or implied contract exists in respect to service availability or duration.

· The Provider shall provide Customer with a Login ID code, a password, telephone number & such other login information that is required to enable connection to the Service. It is the customer’s sole responsibility to maintain a suitable level of security in respect to the foregoing information. The customer expressly agrees and understands that they are liable for all activities conducted using their logon ID and for any charges or fees that may result from such usage. A customer who does not understand this section or any other part of this agreement should obtain advice from an appropriate source.

Charges
· The charges for using the Service are detailed in this Agreement. The Provider retains the right to alter these charges from time to time and may give the Customer up to one month’s written notice, by letter, facsimile or electronic mail, of any such alterations.

· The Customer agrees to pay the charges via credit card (or alternatively made other arrangements for payment with The Provider), which shall be debited automatically with the annual subscription fee and first months connection fee with subsequent monthly connection fees at the beginning of each charge period and usage fees at the end of each period. Should this credit card number expire or should The Provider otherwise be unable to debit valid charges to this credit card number, The Provider may immediately and without notice withdraw the Customers access to the Service.

· Invoices unpaid after the due date will result in services being restricted or suspended without written notice. If an invoice remains unpaid from more than 42 days after the due date, your Account may be cancelled and ADSL may be cancelled from your nominated line. Where cancellation occurs, you will be responsible for all costs including any re-connection fees and/or any associated collection costs. Current Late Fee charges are available on our website at my.oih.com.au

· Initial minimum contract period is 6 months for ADSL or unless selected by the customer to a longer period. Early termination charges will apply.

· The contract period gets automatically renewed on speed changes, relocation or change of ownership.

· The contract period starts from the date of the advice from the wholesale confirming the connection.

· The setup charge quoted is for self installation of the equipment. If the equipment is purchased from us, it will be pre-configured.

· Any refunds for any monies paid in advance will be at the sole discretion of The Provider taking into account agreed term &/or periods and alterations thereof. A processing charge of $10 (Ten Dollars Applies to any refund), where the customer has churned to another provider, or cancelled.

· In relation to bundled adsl and adsl2+ accounts, the monthly charge does not include calls. 

Customer Responsibilities
· The Customer must provide the telephone line, modem, computer and software as necessary to access the Service.

· The Customer agrees that they are responsible for all costs associated when connecting to the service, including phone calls made for support

· The Customer agrees that they cannot assign or otherwise transfer this Agreement or Customers rights under it, delegate Customers obligations or resell the Service. Reseller and Agent Accounts are now available. For more information please contact sales.

· The Customer is responsible for the selection and use of security features, non-disclosure of personal login information and backup of any information. The Customer is responsible for all use of the Service accessed through the Customers password. Disclosure or loss of login information that incur charges or Service misuse is the Customers responsibility and should be reported to The Provider as soon as possible.

· The use of the Service is at the Customers sole risk and is entirely the Customers responsibility. The Provider does not and cannot monitor or control the content and information accessed via the Service and the Provider shall not be held responsible in any way for any content or information accessed via the Service.

· The Customer will not use the Service so as to interfere with or disrupt network users, services or equipment. Disruptions include but are not limited to, distribution of unsolicited advertising, propagation of computer worms and viruses, using the network to make un authorised entry to any other machine accessible via the Service, send
harassing or threatening electronic mail and forgery (or attempt forgery) of electronic mail messages and Usenet news postings.

· The Customer agrees to refrain from mass postings to inappropriate Usenet newsgroups. The Customer agrees to refrain from mass, unsolicited e-mailings. The Customer agrees to post advertisements only where appropriate, and in venues that specifically encourage or allow advertising. The Customer agrees to respect the conventions of the  newsgroups, lists and networks to which the Customer is posting, including rules more restrictive than, but not limited to, the above.
 
Likewise,

· The Service should not be used by any individual or group of persons for any activities of an illegal or fraudulent manner including any activities prohibited under the Australian Commonwealth Government Telecommunications Act 1989, or under other applicable Australian State and Commonwealth laws: and/or an unauthorised use of copyright material. It is expressly agreed that in the event of such misuse of the service, the customer will be solely responsible for the consequences and will at all times indemnify the provider.

· The Customer acknowledges that certain Caller information (eg: Caller-ID) maybe required to access the service &/or provide support or will be made available to The Provider by Telecommunications Carriers &/or other parties and the Customer hereby agrees that The Provider may collect such information and utilise such information for its internal purposes and accounting.

· Certain Internet content accessed via the Service may contain material which the Customer may find inappropriate, offensive, inflammatory, or adult in nature. The Provider does not endorse such material and disclaims any and all liability for their content. Filtering software is available from 3rd party vendors, should you wish a list, please contact support.

· The Customer hereby indemnifies The Provider in respect to any loss or damage action claim suit or proceeding against The Provider by any person arising out of the use of the Service by the Customer including but not limited to the transmission of any illegal and/or fraudulent material.

General Terms
· The Provider may monitor or keep any records that The Provider deems necessary of Customer use of the Service. These records can and will be made available to Police forces, Government agencies or other individuals subject to reasonable enquiry by the provider as to the statutory or other legal right claimed to be exercised by the organisation or individual in respect of those records. Reasonable enquiries by the provider will at all times be sufficient to discharge the provider from any liability for any harm or damage that results from the release of information to third parties. Specifically reasonable enquiry includes reliance on the apparent authority of any person.

· The Provider does not warrant that the Service will be uninterrupted or error free, nor does The Provider make any warranty as to the results obtained from the use of the Service. The Service is provided without warranties of any kind, either express or implied, other than those warranties implied into this agreement by legislation such as the Trade Practices Act and which cannot be excluded. To the extent permissible by law, The Provider excludes all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the Service or inability to use the Service and where such liability cannot be excluded The Provider limits its liability, at its option, to the resupply or cost of resupply of the Service.

· The Provider reserves the right to reject or filter content as may be required by law, good taste or as required as the provider determines to provide a suitable quality of service. This includes tcp/ip ports and/or services in addition to filtering email especially that of an unsolicited nature. The provider is under no obligation to advise what filtering or rejection strategies are in place or used from time to time.

· ADSL Services are only available in specific areas. Your nominated Phone line is subject to a Full Service Qualification as not all telephone lines are compatible with the service.

· The transfer of your ADSL Service to Overflow DSL may cause disruption to your standard telephone service. It is usual for a 15 minute break in service at the time of transfer

· An ADSL filter is required on each telephony device attached to the nominated ADSL phone line. When an ADSL modem or router is purchased from Overflow, one filter is included. You will be responsible for the costs of any additional filters you require.

· If you have a monitored security system that dials out on the nominated ADSL line, or more than 3 telephony devices attached to your nominated ADSL line, you will require a central splitter (which replaces any need for filters). You are responsible for employing a 3rd party to install/supply the splitter (if you are not purchasing an ADSL modem or router from Overflow Internet, hardware costs apply also). All costs and effects that arise from the installation/supply are between the 3rd party and yourself. You will need to contact your preferred installer/supplier and arrange a time and cost for the splitter to be installed. Account fees start from the time your phone line is upgraded to ADSL2+ services regardless of the date of the splitter installation.

· Broadband is provided without warranty that it is fault free or continuous, and your connection may at some time fault either line synchronisation or communications. In this event you should contact Overflow DSL Support. Fault resolution will normally occur within 72 working hours from notification but may take longer. Overflow DSL is not liable for any loss of revenue you may suffer as a result of this downtime. A dial up 56k modem connection is available as redundancy if required during an outage, however it is your responsibility to ensure that you have the adequate modem hardware.

· Overflow does not guarantee the compatibility of ADSL with some client end telephone equipment, older fax machines, certain cordless phone brands, PABX, Commander phone systems, Line-Hunt Group, and analogue devices. If you have any of these please make sure you mention it before putting in your application.

· On all residential accounts Overflow DSL blocks the following ports: 25, 445, 135,137,139 (as precautionary measure to prevent the spread of viruses and  spam). Business Customers on business plans may apply for these ports to be unblocked.

· The customer needs to call Overflow for support.  If you call another providers helpdesk inc TELSTRA / PLATFORM a fee of $190.00 will be charged to your account. There is NO exception to this charge.

ADSL Termination and Relocation
·The minimum contract period for all ADSL services is 12 months, however customers may elect to have contract terms from 1 month up to 24 months.
 
· Customers wishing to terminate their ADSL service (including any component of that bundle) with TOverflow Internet Services prior to the end of their contract are liable to pay the sums as shown on the application form.

· In the case of a Change of Address, termination fee may apply if the service is connected for a period of less then 12 months, however the minimum contract term (12 months + balance owing) is reset to the date of re-connection. A new connection fee will also apply at the new premises.
 
· This Agreement shall remain in place until it is terminated by either Customer or The Provider by giving one months written notice. The Provider reserves the right to terminate the Service without notice if Customer misuses or abuses the Service or The Provider. What constitutes misuse or abuse of the Service is determined by The Provider. The advice for termination must be either posted, faxed or delivered to the office by hand. Electronic Mail (Email) requests for termination will be ignored