Greenbank Net's Terms and Conditions

1.0 Definitions

1.1 "Greenbank Net" is Greenbank Net and its employees, officers, agents and affiliates.

1.2 The "Customer" refers to all other persons, companies, or other entities identified on the attached service Application Form.

1.3 The "Agreement" means these Terms and Conditions and the details on the attached service Application Form.

1.4 The "Service" means access to the Greenbank Net network including the use of Greenbank Nets’s gateway to the Internet, computer resources, disk storage, computer communications facilities and other Services provided by Greenbank Net.

2.0 Customer’s Service Use

2.1 The Customer may not use the Service for the housing or distribution of pornography, unlicensed commercial or pirate software or other objectionable matter.

3.0 Customer’s Internet Use

3.1 The Customer shall not use, nor permit any other party to use, the Service in connection with any matter of an illegal or fraudulent nature.

3.2 The Customer shall not use, nor permit any other party to use, the Service for sending to any person or forum any message, electronic mail or other communication which is offensive or abusive or of an indecent, obscene or menacing nature, or for persistently sending messages without reasonable cause or for the purpose of causing annoyance, inconvenience or needless anxiety to any person.

3.3 The Customer shall not use, nor permit any other party to use, the Service for the purpose of obtaining unauthorized access to any information, data or systems on the Internet.

3.4 The Customer may not do any thing that may jeopardize the security or integrity of any part of the Greenbank Net network.

3.5 Customer shall comply with any instructions concerning access to the Service given by Greenbank Net from time to time.

3.6 Greenbank Net's dialup Internet connections are not intended to be full-time dedicated connections and may be disconnected after 15 minutes of inactivity.

4.0 Termination and Variation of Agreement

4.1 Greenbank Net reserves the right to terminate this Agreement, or to delete or modify any Service or data residing on its Network, immediately at its absolute and sole discretion, with no liability. If this clause is relied on the Customer shall be given notice after the event. If the Service is terminated for reasons not related to a breach of these Terms and Conditions, Greenbank Net may at its discretion refund the unused portion of any payments made. If the Service is terminated due to a breach of these Terms and Conditions then a refund will not be offered. The Customer will remain liable for any charges that are incurred or which accumulate to the date that the termination becomes effective.

4.2 The Customer may terminate their agreement at any time with written notice (signed and dated) to Greenbank Net. Their Service will then cease at the end of the current paid period. In no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.

4.3 If the Customer does not request that their Service be terminated, it is conclusively presumed that they consent to the new terms, conditions and rates as notified.

4.4 Greenbank Net does not allow multiple logins and reserves the right to retrieve any revenue lost by multiple logins of the same account. The user is liable for any charges that are incurred and will be billed accordingly. Multiple logins will constitute a breach of these terms and conditions.

5.0 Exclusion of Liability

5.1 Greenbank Net will not incur any liability to the Customer in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Services or the failure or omission on the part of Greenbank Net to comply with its obligations under this Agreement. Where any Act of Parliament implies in this Agreement any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this Agreement. However, the liability of Greenbank Net for any breach of such term, condition or warranty will be limited, at Greenbank Net’s option, to any one or more of the following. (I) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of having the goods replaced; or (ii) in the case of services, the supplying of the services again or the payment of the cost of having the Service supplied again.

6.0 Customer Indemnities

6.1 The Customer acknowledges that there has been no reliance by it on Greenbank Net’s skill or judgment or written or oral representations, including any catalogues or publicity material, in deciding whether the services are fit for a particular purpose or meet particular criteria.

6.2 The Customer acknowledges that Greenbank Net exercises no control whatsoever over the content of the information passing through it. The Customer will not hold Greenbank Net responsible for any information viewed by them on the Internet nor be responsible for any actions brought on by the Customer or Third Party for any data, images or other information stored on the Customers web site or home page.

6.3 The Customer acknowledges that the Internet is not an inherently secure system, and undertakes responsibility for the protection of their Account and data. The Customer agrees that Information of a private or confidential nature should not be placed on the system. Greenbank Net specifically denies any responsibility for the security of your Account and the data stored at Greenbank Net’s facilities.

6.4 The Customer acknowledges that the Internet may contain viruses (including other destructive programs) which may, if not eliminated, destroy parts or all of the data contained within their system, and that Greenbank Net has no control over these viruses. Greenbank Net does not provide any filtering or checking of data to eliminate these viruses, and the Customer agrees to provide their own mechanism for checking their system for viruses, and to hold Greenbank Net harmless from any damage caused by viruses obtained through the Service. Further, the Customer agrees to hold Greenbank Net harmless from, and to indemnify Greenbank Net for, any damages or claims for damages resulting from any viruses introduced by the Customer into the Internet system or the Greenbank Net network.

6.5 The Customer indemnifies Greenbank Net against all loss, damage, liability and expenses of any kind incurred as a result of or in relation to any claim made or legal proceedings, (including without limitation claims for breach of copyright, breach of confidence, defamation, theft, conversion, and/or obscenity) brought against Greenbank Net by the Customer or any Third Party in relation to any use of the Service by any person using the Customer's Account.

7.0 Payment of Accounts

7.1 The Price of the Services will be calculated in accordance with Greenbank Net’s current advertised pricing schedule. Greenbank Net retains the right to alter these changes from time to time and shall advise the Customer of any new changes on a timely basis via their web site or through written contact such as E-mail.

7.2 Payments are made in advance and are nonrefundable. Payments must be for a minimum of one month for all services. Payments in advance must be received at least 7 business days prior to the establishment of the service or in the case of a renewal payments must be received 7 days before the anniversary date. Discounts may be offered for payments made 3 months, 6 months or 12 months in advance.

7.3 Where the Customer has arranged to pay by credit card, payments will be deducted from the card in accordance with the initial payment period advance.

7.4 Without limiting the generality of any other clause in this Agreement, the Supplier may terminate this agreement with notice if any payment due from the Customer remains unpaid for a period of 5 Working Days from the due date of the invoice or account.

7.5 Future access will require reapplying for a new account. All fees associated with a new connection will be payable again to Greenbank Net.

7.6 Suspension or termination does not relieve the Customer from the obligation to pay the past due Account charge. (i)If the Customer defaults in the payment of any amounts owed, the Customer agrees to pay Greenbank Net its actual expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. (ii)Should any amounts remain outstanding for more than 30 days after the due date, Greenbank Net reserves the right to charge the interest at 2% above the current overdraft rate of as quoted on a daily basis by the ANZ Bank, to the Customer. The Customer will continually be billed unless we are noted otherwise to terminate this service.

8.0 Miscellaneous

8.1 Any reference to "notice" in this Agreement includes by post, facsimile or e-mail.

8.2 Any reference to "written notice" in this Agreement includes notice by post or facsimile.

8.3 This Agreement is governed by and construed in accordance with the laws of the State of Queensland.

8.4 These Terms and Conditions supersede all previous representations, statements, understandings, negotiations or agreements and shall supersede any other terms and conditions of any order submitted or prior price quoted.

8.5 This Agreement is deemed to have been executed on the Customer’s submission of the Application Form to Greenbank Net. NB: It is the customers responsibility to retain a copy of these terms and conditions and to refer to Greenbank Net’s Web Site for amendments as they become effective.