Mikka and Cosmos Internet Standard Terms and Conditions

MIKKA INTERNATIONAL PTY LTD ACN 075 155 225

MEMBER AGREEMENT

DEFINITIONS

"we or us" means Mikka International Pty Ltd ACN 075 155 225 or its successors or assignees;

"YOU" means the customer subscribing to the Service;

"Service" means the dial-up lnternet access service provided by us under this agreement.

OUR OBLIGATIONS

We must:

• provide you with the Service;
• provide you with a member identification code, unique password, and any other Information necessary for you to connect to the Service;
• use all reasonable efforts to ensure that the Service is generally available 24 hours a day, seven days a week, except for maintenance time;
• notify you as far in advance as is practicable of maintenance times or other times when the Service will be unavailable;
  

We will make all reasonable efforts to ensure the continuity of the Service, however all liability for any failure to provide the Service is excluded to the maximum extent permitted by law.  Where it is not possible to exclude this liability it will be limited at our option to re-supplying the Service or paying for the re-supply of the Service.

CHARGES

The charges for using the Service are set out in the on-line registration information provided to you, and may be accessed via our home page.  We may vary these charges at any time on one month's notice to you. Your continuing use of the Service after those new charges become effective will be taken by us as an acceptance of the new charges.

You agree that we may debit the charges direct to the credit card designated by you.  Your registration fee and the first month's connection fee will be charged in advance when we accept your registration.  Subsequent monthly usage fees will be charged in advance at the beginning of each month and excess usage fees at the end of each month.

If your designated credit card expires or we are unable to obtain payment from the credit card issuer for any reason:

• we may immediately withdraw your access to the Service; and
• you must pay all outstanding charges to us on demand.
  

You must also pay the cost of all telephone calls from your telephone to the telephone number of the point of presence which you select.

YOUR RESPONSIBILITIES

You must:

• provide your own equipment and software to access the Service;
• adopt appropriate measures to ensure the security of your membership number and your password, and any personal data;
• Immediately report to us any misuse of your member identification or password as soon as you become aware of it;
• Indemnify us for any liability we incur as a result of your use of the Service, including the transmission of any illegal material;
• accept responsibility for all use of the Service by any person using your identification and password.

You must not.

• assign this agreement or re-sell the Service;
• permit any other person other than adult members of your household to use the Service unless they have your express permission and use the Service under your personal supervision;
• use the Service In a way which interferes with or disrupts other network users, services or equipment.  This includes conduct such as distributing unsolicited advertising, transmitting computer worms and viruses, hacking, sending threatening electronic mail messages and usenet news postings;
• use the Service for any activity which breaches any law, content standard or code of practice or infringes any other person's rights.
  

Your use of the Service is at your sole risk and entirely your own responsibility.  We do not and cannot monitor or control any information accessed via the Service and we will not be liable in any way for any loss or damage which anyone suffers as a result of accessing or using that information.

You acknowledge that you are aware that there is certain content available on the lntemet which you or others may find inappropriate or offensive. We do not endorse any such material and will not be responsible for any liability arising from the transmission of that material by the Service.

You acknowledge that we may use and disclose demographic information about you for our marketing and business planning purposes, provided we comply with any legal obligation concerning the privacy of that information.

TERM OF THIS AGREEMENT

This agreement commences as soon as we accept your application and will remain in force until either you or we end it by one month's notice.  However, if in our reasonable opinion you breach any term of this agreement, or misuse or abuse the Service, we can suspend your access to the Service or end this agreement immediately by notice to you.

GENERAL CONDITIONS

We may assign our rights under this agreement by giving you notice.

We may change any term of this agreement by giving you one month's notice.  Your continuing use of the Service after that change takes effect will constitute acceptance of the change.

Notices under this agreement may be sent by ordinary mail, facsimile or electronic mail.

This Agreement is governed by the laws of Victoria.