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CONDITIONS

Payment by Credit Card is Preferred:
Payment by Credit Card is preferred as it eliminates the inconvenience of disconnection for non-payment of accounts. Credit card accounts are billed upon account setup then on the first day of each month.

Customers may pay by cheque or money order:
Customers unable to pay by credit card may pay by cheque or money order. All non-credit card accounts are due quarterly in advance. Accounts are billed upon account setup, then on the first day of each month. For convenience these accounts (non-credit card) may be paid as far in advance as the account holder requires.

Terms & Conditions of Service
This agreement represents the complete agreement and understanding between Bravo Internet Pty Ltd ("Bravo"), its affiliates and owners, and the account holder and supersedes any prior written or oral agreement. Upon notice published on-line (http://www.bravo.net.au/terms.html) Bravo may vary these terms and conditions and/or any prices, as well as change or discontinue services offered.

If you do not agree to these terms and conditions, please notify Bravo at (02) 4963-5377 during normal office hours and the account will be terminated. Failure to notify Bravo shall constitute the account holder's acceptance of the then current terms and conditions. Use of Bravo's service and/or payment for services provided by Bravo shall constitute the account holder's acceptance of the then current terms and conditions.

1. Any individual accessing services provided by Bravo ("the User") represents to Bravo that he or she is 18 years of age or older. Certain material available on the internet through Bravo may not be suitable for individuals under the age of 18.

2. The User understands that the internet contains unedited materials, some of which are sexually explicit or may be offensive. The User accesses all materials at his or her own risk. Bravo has no control over and accepts no responsibility whatsoever for such materials.

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

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

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

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

7. The right to use Bravo is not transferable. Accounts are for the account holder's use only. If the account holder authorises any individual to use or access services provided by Bravo, the account holder shall, prior to giving such authorisation, ensure the individual has read and agreed to be bound by these terms and conditions. The User is responsible for the confidentiality of the User's passwords. Allowing others to benefit by accessing services provided by Bravo, connecting a system used by multiple persons, group use of User logins, and consuming more than one modem line are explicitly prohibited. If the User has multiple accounts, then the User is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.

8. Services provided by Bravo should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail may be used in the conduct of legitimate businesses. The User shall not run Maillist, Listserv or any other form of auto-responder from a user shell. The User shall not run processes activated while the User is not logged in. The User shall not use services provided by Bravo to harass any individual. If Bravo becomes aware of possible violations, it will initiate an investigation. Bravo may suspend access to services in an attempt to prevent possible unauthorised activity. Confirmation of violations may result in cancellation of the account and/or criminal prosecution.

9. The User shall not use services provided by Bravo to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that may be threatening or obscene, or engage in any kind of illegal activity. The User shall abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.

10. PAYMENT TERMS: The account holder is responsible for any and all fixed and accumulative charges for this account. The account will be charged applicable monthly access fees and any other fees for the new month plus any accumulated charges for the past month. Unused monthly plan hours do not accrue from one month to the next. Failure to use services available does not relieve the account holder of payment obligations.

Credit Card customers agree to allow Bravo to bill such card on each successive billing date without obtaining the card holder's permission after the initial charge. Credit Card customers shall notify Bravo of any changes in Credit Card Number or expiration date. If the card is not honoured for any reason Bravo will attempt to notify the account holder by using the telephone information given at sign-up. Bravo will call the account holder once. If alternative billing has not been established within 7 days the account will be terminated. Re-establishment of the account will be subject to a reconnection fee and payment of any outstanding amount.

If payment is by cheque or cash, payment is due in advance by the first day of the month. Dishonoured cheques are subject to a collection fee and services may be suspended until the account is current. If cleared payment is not received within 7 days of the due date, service may be terminated at any time thereafter at the absolute discretion of Bravo and a re-connection fee will be charged.

Bravo has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the account holder from the obligation to satisfy outstanding amounts. In the event Bravo utilises any third party to collect such sums, the account holder shall be responsible for the payment of all legal fees and costs incurred in pursuing the collection of these sums.

Bravo reserves the right to cancel any service for any reason without prior notice. In case of cancellation, unused fees may be returned at Bravo's discretion on a pro-rata basis.

The account holder may only terminate the services provided by Bravo by first giving 14 days written notice of its intention to do so. Fees for any setup and the first month's service are not refundable unless the customer is unsuccessful in using the account and notifies Bravo within ten days of establishing said service.

In addition to any price for services, the account holder shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services supplied by Bravo.

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

12. By the use of Bravo services the User accepts the terms and conditions in this agreement as amended from time to time.

13. The above terms and Conditions were current as at October 1, 2002. Full current Terms and Conditions which bind all Bravo account holders and Users are displayed at the web site: http://www.bravo.net.au/terms.html.

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