ADD-ONS

1.1 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 in the Plan Terms and the Add On Terms.

1.2 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).

1.3 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). You acknowledge that 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
(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 We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient Data recovered from our backups where we have acted with reasonable care.

1.4 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.

1.5 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.

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

1.7 You must advise us in a timely manner if you have reason to suspect that the Service is being used contrary to this agreement.

1.7A 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. For more information please consult the Internet Industry Association guidelines at http://www.iia.net.au/index.php or the Australian Communications and Media Authority at http://cybersmartkids.com.au/.

1.8 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.

1.9 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 this agreement or any law.

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

1.11 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 this agreement.

1.12 You must not use, or permit any person to use, the Software in any way that is not permitted by this agreement.

1.13 Without limiting clause 1.12, you must not:

1. use the Software on behalf of, or for the benefit of, any other person; or
2. 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).

2.1 You may elect to receive one or more Add Ons if you are Premium Hosting Plan customer, subject to the conditions set out in the Add On Terms. 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.

2.2 If you elect to receive an Add On, you will need to complete an application in accordance with our directions which may be found at http://go.bigpond.com/services/domain-hosting/premiumhosting-add-ons/.

2.3 If you elect to receive an Add On, you agree to comply with the then current Add On Terms applicable to that Add On and this agreement will be taken to be amended to include those Add On Terms.

3.1 Domain name management services are only available to Premium Hosting Plan customers.

3.2 If you request us to register a .com, .net, .org, .biz, or .info domain name ("TLDs" or "Top Level Domains") on your behalf, you agree that you have 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.

3.3 If you request us to register a .com, .net or .org domain name on your behalf, you agree that you to 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.

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

1. submit to and be bound by Uniform Domain Name Dispute Resolution Policy located at , as amended from time to time; and
2. be subject to arbitration, suspension or cancellation by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy, relating to:
(i) the correction of mistakes by us or the registry administrator in registering the domain name; or
(ii) the resolution of disputes concerning the domain name.

3.5 If you request us to register a .com.au, .id.au, .net.au or .org.au domain name (.au Domains) on your behalf, you agree that you have read and accept:

1. the policies applicable to Terms and Conditions 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

2. 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/current-policies/, as amended from time to time.

3.6 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/policies/current-policies/, as amended from time to time.

3.7 By maintaining the registration of a domain name after changes to the applicable policies become effective, you accept those changes.

3.8 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.

3.9 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.

3.10 We make no representations and give no warranties regarding the availability of your chosen domain name.

3.11 You authorise and direct us to nominate Telstra Corporation Limited ABN 33 051 775 556 as the authorised billing contact for your domain name.

3.12 You acknowledge that 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.

3.13 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 this agreement, or our negligent act or omission.

4.1 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.

4.2 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.

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

4.4 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.

4.5 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 use reasonable endeavours to notify you if we intend to migrate your web site to a new operating system platform.

5.1 You must pay the set-up fees and monthly fees set out in the Plan Terms in advance. You must pay the additional fees set out in the Plan Terms in arrears.

5.2 You must pay fees for all Add Ons you select in accordance with the applicable Add On Terms.

5.3 If we issue you with an invoice for any fees payable under this agreement, you must pay the invoice within 14 days after the invoice date. If you elect to receive online invoices from us, you acknowledge that: (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.

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

5.5 You must also pay:

1. all telecommunications costs and charges arising from or in connection with the Service; and
2. 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).

5.6 Without limiting clause 5.5(b), if GST is imposed on any supply we make to you under this agreement, 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 agree to pay the amount of GST at the same time and in the same manner as the fees are payable.

5.7 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.

5.8 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.

5.9 Our commitment to privacy is set out in our "Protecting Your Privacy" statement located at http://telstra.com/res/docs/collectionstatement.asp. The statement summarises how we and our related companies may collect, use and disclose your personal information (including for marketing to you) and your rights in relation to accessing and correcting that information. To avoid doubt, we may appoint third parties (including our subcontractors and suppliers) to assist us provide the Service to you. These third parties may collect your personal information (either directly from you, or indirectly through us). You acknowledge that you have read and understood our privacy statement.

6.1 Subject to clause 6, we exclude all terms and all warranties of any kind, express or implied whether statutory or otherwise, relating to this agreement and/or its subject matter.

6.2 Without limiting clause 6.1, we do not warrant that:

1. the Service will be uninterrupted or error free;
2. the Service will meet your requirements; or
3. 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.

6.3 You warrant that:

1. you have the power to enter into and observe your obligations under this agreement;
2. 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;
3. 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;
4. you will keep secure any passwords used with the Service; and
5. you have, and will maintain, the necessary authority to grant the rights, consents, permissions and licences in clause 1.9.

6.4 You must indemnify us, our employees, contractors and agents against all damages, costs, charges, liabilities and expenses arising out of or in connection with:

1. the use or attempted use of the Service by a person (including you) using your logon name and password with, or without, your authority;
2. any fault in the Service due to your negligence or wilful misuse, or any unauthorised use of the Service; and
3. your breach of this agreement.

7.1 We accept liability for the supply of the Service but only to the extent provided in this clause 7.

7.2 We accept liability where:

1. the Service is not supplied with due care and skill;
2. any material supplied in connection with the Service is not reasonably fit for the purpose for which it was supplied; and
3. we are otherwise required to do so by the Trade Practices Act.

7.3 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 7.2 is limited to, at our option:

1. resupplying or paying for the costs of having the services resupplied, if the liability relates to services; or
2. repairing the goods or refunding the purchase price of the goods, if the liability relates to goods.

7.4 Other than liability accepted by us in clause 7.2, 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 this agreement and/or its subject matter.

7.5 Other than liability accepted by us in clause 7.2, our total liability for loss or damage of any kind not excluded by clause 7.4, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter is limited in aggregate for any and all claims to $10.

8.1 This agreement commences on the date specified on the Mission Control panel as the date that we accepted your order for the Services and continues until terminated in accordance with this agreement.

8.2 Either party may terminate this agreement at any time by providing the other party with at least 30 days written notice.

8.3 If this agreement is terminated for any reason.

1. you must immediately pay all fees and charges owing up to the date of termination (without any deduction or set-off of any kind);
2. we may delete all of your Data from our systems; and
3. you must immediately delete from your systems all copies of all Software.

8.4 We may from time to time without notice suspend or disconnect the Service or deny access to the Service:

1. 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; or.
2. we consider that you have failed to comply with any provision of this agreement (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.

8.5 You remain liable to pay all fees and charges set out in this agreement during any period of suspension or disconnection or denial of access.

8.6 We may (without notice) remove, amend or alter any Data:

1. 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
2. if we consider that you have failed to comply with any provision of this agreement.

8.7 We are not required to provide you with a copy of your Data if:

1. we suspend or disconnect your Service or deny access to the Service;
2. remove, amend or alter your Data; or
3. this agreement is terminated (for any reason).

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 Terms for the time taken for us to recover and provide you with that data.

9.1 You must comply with:

1. the Plan Terms that are applicable to your selected Plan;
2. the Add On Terms that are applicable to your selected Add Ons;
3. our Acceptable Use Policy;
4. our operational procedures for the Service which are set out in the Mission Control User Guide at https://mc-au.server-secure.com

9.2 If there is any inconsistency between a provision in a document listed in this clause 9.2 and a provision in another document listed in this clause 9.2, then the provision in the document listed first below prevails:

1. these terms;
2. the Plan Terms that are applicable to your selected Plan;
3. the Add On Terms that are applicable to your selected Add Ons;
4. our Acceptable Use Policy; and
5. our operational procedures for the Service.

10.1 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.

10.2 A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver.

10.3 Subject to clause 10.4, we can change these terms, the Plan Terms, the Add On Terms our Acceptable Use Policy or our operational procedures for the Service at any time without notice.

10.4 If we change any of the documents listed in clause 10.3 in a manner which we reasonably consider would cause detriment to you, we will notify 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 notify you of the change but you do not accept the change, you may terminate this agreement but you must notify us of such termination within 14 days of our notice. If you notify us that you wish to terminate this agreement, the termination will take effect from the date that the change of the document listed in clause 10.3 comes into effect, as specified in our notice. Notwithstanding that you may send us notice of termination under this clause, if you continue to use the Service beyond the date of the change, you must pay all such fees and charges for such use. You will be taken to have accepted the change if you use the Service beyond the date of the change.

10.5 It will be sufficient, for the purposes of clause 10.4, that we notify you only of the fact that a document listed in clause 10.4 has been changed and that we post a revised copy of the revised copy of the relevant document on the BigPond Hosting Website.

10.6 Notices can be provided under this agreement by email, post or facsimile. You acknowledge that we may notify you by email of any matters relating to this agreement, including any changes to this agreement. You acknowledge that you must regularly check the email address that you provide to us. If we elect to provide notice to you by email, you will be taken to have received the email notification, in the absence of any evidence to the contrary.

10.7 You may not resell Services or assign any of your rights or obligations under this agreement without our prior written consent. We may assign or subcontract any of our rights or obligations under this agreement to a third party.

10.8 This agreement constitute the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.

10.9 This agreement is governed by the law in force in New South Wales, Australia.

10.10 Clauses 1.10, 3.13, 5.4, 5.5, 5.6, 5.7, 5.8, 5, 6, 78.3, 9, 10 and 11 survive the termination (for any reason) of this agreement.

11.1 Unless the contrary intention appears, in this agreement, the following words have these meanings:

Acceptable Use Policy means the Telstra Acceptable Use Policy annexed to these terms.

Add Ons means the different add on product offerings specified in the Add On Terms.

Add On Terms means the terms that are applicable to the Add Ons and are annexed to these terms.

BigPond Hosting Website means our website at http://www.bigpond.com/hosting/.

Data includes all information, data, material, software code, applications, files, text, logos, images, audio, movie clips and/or content in any form placed on our systems as a result of providing the Service to you.

Data Download means data transferred from your website.

GST means the tax imposed by the GST Act and the related imposition Acts of the Commonwealth.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999, as amended from time to time.

Plans means different Service offerings made available by us from time to time as specified in the Plan Terms.

Plan Terms means the terms that are applicable to the Plans and are annexed to these terms.

Software means any software that you obtain from us under this agreement.

We, us or our means Telstra Corporation Limited ABN 33 051 775 556.

11.2 Unless the contrary intention appears, a reference to:

1. this agreement is a reference to the documents referred to in clause 9.2;
2. a document (including this agreement) includes any variation or replacement of it;
3. a clause is a reference to a clause in this agreement;
4. law includes common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them);
5. an amount of money is a reference to the lawful currency of Australia;
6. a day is a calendar day and is to be interpreted as the period of time commencing at midnight and ending 24 hours later; and
7. the words "include", "including", "for example", or "such as" are not to be interpreted as words of limitation, and when such words introduce an example, they do not limit the meaning of the words to which the example relates, or to examples of a similar kind.