Current as of the 1st October 2004
1--- Definitions
1.1 )" Web Prophets" means Web Prophets Pty Ltd
(ACN 089751593)
1.2 ) " Service" means Dial-Up access to the computer network known as the Internet, including information services, computer resources, disk storage and computer communications.
1.3 ) " Customer" means the person or entity with a Web Prophets account enabling them to use the Service.
1.4 ) "Session" means the time period from the time a client connects to the service, to the time a client disconnects from the service, regardless of the amount of activity occurring whilst being connected to the service

2--- Agreement
2.1 ) These terms and conditions constitute the entire understanding and agreement between the parties with respect to the provision of the Service. All other written or verbal representations, understandings or agreements are hereby excluded.

3 --- Provision of Service
3.1 ) Web Prophets shall provide the Customer with the Service.
3.2 ) The Service shall generally be available 24 hours a day, seven days a week except for upgrade and maintenance times, which will be notified to the customer at least three (3) business days in advance
3.3 ) Web Prophets does not warrant that the Service will be uninterrupted or error free.
3.4 ) The Customer acknowledges that the Service is not fault free and that they may experience interruptions and/or access difficulties from time to time.
3.5 ) Upon application by the Customer to use the Service, Web Prophets will provide the Customer with a "username", "password", dial-in telephone number and other information required to gain access to the Service.
3.6 ) The Customer must not use the username and password for multiple concurrent logins, nor disclose details of this information to any other person, without written authorisation from Web Prophets.
3.7 ) Although the Service is generally available 24 hours a day, 7days a week, the Customer shall not engage in "line blocking" by permanently connecting to the Service. Connection by the Customer is only permitted whilst using the Service.
3.8 ) All warranties of any kind are excluded - except non-excludable warranties implied by State or Commonwealth Statute.
3.9 ) Web Prophets does not restrict the size of the Customer's email box, on the condition that the Customer shall not store/leave previously read/downloaded emails in their email box situated on Web Prophets equipment. If the Customer is found to breach this Condition, Web Prophets may, at its sole discretion, limit the size of the Customers email box to 5MBytes. Should this occur, there is a possibility that emails may be rejected if insufficient space is available.
3.10 ) Web Prophets will provide an additional 5 MBytes storage space for the Customer to create and store a personal web site. This storage space shall not be used for any business transaction where the Customer supplies any form of goods or services, and shall not have a domain name attached to this web space. Should the Customer conduct business on their personal web site in breach of this clause, Web Prophets may, at its sole discretion, either terminate the Service, charge the Customer with Web Hosting fees as per Clause 4, or both.
3.11 ) Web Prophets does not provide unrestricted Internet access for all protocols, and some protocols are only available through proxies. Web Prophets reserves the right to make changes and modifications to its system as it feels necessary without prior notice.
3.12 ) Sessions are not subject to time limits except for the followin: a) Sessions for the Unlimited Plan will be terminated if no activity occurs for a period of 60 consecutive minutes. There are no limits on the number of sessions. b) Sessions between the hours of 5:00pm and 11:00pm on weekdays shall be limited to four (4) hours in duration. c) Sessions will be terminated if The Customer is engaging in Line Blocking as described in Section 3.7. Web Prophets will determine whether line blocking has occurred this based on the session time and the traffic generated during that session.

4 --- Charges
4.1 ) The charges for using the Service are published by Web Prophets from time to time. Web Prophets may vary these charges at any time and the Customer shall be given one month's notice of any such variation by publishing new charges on the Web Prophets web site.
4.2 )The Customer shall pay monies to Web Prophets via one of the following payment methods:
(1) Direct Debit of a credit card nominated by the Customer
(2) Personal or company cheque drawn on an Australian bank
(3) A Money Order from Australia Post
(4) Direct Debit of a bank account nominated by the Customer
(5) Cash delivered to Web Prophets business premises
(6) Direct Credit of the monies into Web Prophets bank account
4.3) Customers on monthly plans will have their nominated account debited, or invoiced if no account has been nominated, for each month in advance, according to the previous plan unless written notification is provided to Web Prophets at least five (5) business days before the Customers account expires. It is The Customers responsibility to view details of plans available on the Web Prophets web site. Usage fees, where appropriate, will be debited at the beginning of each month for excess hours used in the previous month, or invoiced if no account has been nominated by the Customer.
4.4 )If payment is not received by Web Prophets because the Customer's credit card dwtails are invalid or Web Prophets is unable to debit charges to this credit card,or Web Prophets is unable to debit the nominated bank account, or the cheque used for payment of an invoice does not clear due to insufficient funds, or for some other reason not within Web Prophets control, Web Prophets may immediately and without notice terminate the service and outstanding amounts, including any fees charged by the Bank, will become immediately payable by the Customer.
4.5 ) Customers monthly and yearly plans paying by credit card will have their previous month usage excess debited at the beginning of each calendar month.
4.6 ) If Web Prophets is obliged to pay any taxes in the nature of a goods and services tax or a value added tax in respect of any payment made or to be made under this Agreement, Web Prophets may charge the Customer such additional sum as may be necessary to ensure that Web Prophets receives a net amount (after payment of such taxes) equal to the full amount which it would have been entitled to receive and retain had the payment been free and clear of such taxes or it not been obliged to pay such taxes in respect of the payment.
4.7 ) Web Prophets does not automatically renew customer subscriptions on monthly or yearly plans.  Renewal notices are sent via email 2 weeks and 1 week prior to expiry of customers account where they are on yearly plans, and seven (7) days prior to the expiry of the account on all other plans.
4.8 ) Prepayment of monthly subscription or connection fees is NOT refundable. The unused portion of prepaid yearly subscriptions is refundable to the Customer, less a deduction for the costs assiciated with terminating the agreement, where Web Prophets has been made aware of continuing customer problems which are directly attributable to Web Prophets, and Web Prophets is unable to satisfactorily remedy the problems.
4.9 ) Any cost incurred by Web Prophets as a result of any unauthorised use, misuse or abuse of the Service will be charged to the Customer and added to the charges otherwise payable.

5 --- Customer Obligations
5.1 ) The Customer agrees to provide a telephone line, modem, computer and software to facilitate access to the Service at their own expense.
5.2 ) The Customer agrees not to transfer its rights nor delegate its obligations under these terms and conditions or resell the Service without the written consent of Web Prophets.
5.3 ) The Customer is responsible for the selection and use of security features, non disclosure of personal log-in information and back up of any information. The Customer is responsible for all use of the Service accessed through the Customer's username and password. Disclosure or loss of log-in information that incurs charges or Service misuse is the Customer's responsibility and should be reported to Web Prophets as soon as the Customer becomes aware of a potential loss of log-in information, or the potential abuse/misuse of the Service.
5.4 ) The use of the Service is at the Customer's sole risk and is entirely the Customer's responsibility. Web Prophets does not and cannot monitor or control the content and information accessed from the Service and Web Prophets shall not be held responsible in any way for any content or information accessed from the Service.
5.5 ) The Customer will not use the Service to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer viruses, using the network to make unauthorized entry to any other machine accessible from the Service, sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic mail messages and USENET news postings.
5.6 ) The Customer agrees to refrain from mass postings of messages 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.
5.7 ) The Customer agrees to refrain from publishing receiving or transmitting any material that is offensive, abusive, indecent, obscene or menacing. The Customer agrees to not publish material on their website that provides instructional information about illegal activities, promoting physical harm or injury against any group or individual, displaying material containing nudity or pornographic material of any kind, or material that exploits images of children under 18 years of age. The Customer agrees that any homepage that receives in excess of the number of "hits" as determined by Web Prophets is liable for additional charges and/or restriction of the Service.
5.8 ) The Customer shall not permit any other party to use the Service for any illegal purpose.
5.9 ) Certain Internet content may contain material which the Customer may find inappropriate, offensive, inflammatory or adult in nature. Web Prophets does not endorse such materials and disclaims any and all liability for their contents.
5.10 ) The Customer must comply with instructions given by Web Prophets concerning the Service from time to time.
5.11 ) The Customer shall pay all costs, fees, charges or other expenses which are or may be incurred in respect to the Customer using any Services of the Communications Provider to allow access to the Service and shall indemnify and keep indemnified Web Prophets in respect to any such costs, fees, charges or other expenses.
5.12 ) Without in any way limiting paragraph 5.11 of this Agreement, The Customer shall pay all costs, fees, charges or other expense which may be incurred in respect to timed telephone calls charged by The Communications Provider to enable the Customer to access the Service and shall indemnify and keep indemnified Web Prophets in respect to any such costs, fees, charges or other expenses.

6 --- Variation of Terms & Conditions
6.1 ) Web Prophets may vary any of these terms and/or conditions from time to time by giving the Customer one month's notice of such variation by posting such variation on the Web PRophets website.
6.2 ) The Customer will review the Web Prophets Home Page at least once a month to check whether any variations have been made.
6.3 ) The Customers continued use of the Service will constitute the Customers acceptance of the variation of Terms and Conditions.

7 --- Web Prophets "Free Trial" Offer
7.1 ) Web Prophets offers a "free trial" to new users that operates for either thirty (30) days or 500 MBytes of downloads, whichever occurs first.
7.2 ) Web Prophets requires the Customer's name, address, home phone number and email address prior to setting up the free trial.
7.3 ) The free trial is only available ONCE per household.
7.4 ) Seven (7) days prior to the expiration of the free trial, Web Prophets will send an invoice for usage following the free trial period, to the Customer's email address.
7.5 ) If the Customer wishes to continue to use Web Prophets Service, payment of the Invoice shall be made in full. If payment in full is made prior to the conclusion of the free trial period, the "payment Period" will begin at the conclusion of the free trial. If payment in full is received after the conclusion of the free trail period, then the "payment period" shall commence when Web Prophets received the said payment.
7.6 ) The exception to clause 7.5) shall be when the Customer contacts Web Prophets prior to the end of the free trial period, and informs Web Prophets of its intention to continue using the Service, but cannot send payment to Web Prophets prior to the expiry of the free trial. In which case, Web Prophets may, at its sole discretion, continue to provide the Service to the Customer at the conclusion of the free trial. If payment is received within five (5) business days after the end of the free trail period, Web Prophets will apply the received paymentfrom the expiry of the free trial period. If full payment is not received by Web Prophets within this timeframe, the Customers account will revert to Web Prophets "casual usage" account. "Casual usage" will be charged at the rate of $5.50 per hour including GST.
7.7 ) If the Customer is attempting to obtain free trial usage of the Service for a second or subsequent occassion, whether fraudulently or not, Web Prophets, at its sole discretion, may charge the Customer 's usage at the "casual usage" rate of $5.50 per hour including GST.
7.8 ) Web Prophets reserves the right to pursue monies owed from clauses 7.6) and 7.7) via a third party debt collection, or other agency. Web Prophets, at its sole discretion, will undertake any further action neccesary to recover any outstanding monies, including debt collection costs, from the Customer.

8 --- Exclusion of Liability
8.1 ) Except to the extent that liability may be governed by any statute, statement, condition or warranty express or implied, statutory or otherwise as to the quality, merchantability, or suitability or fitness for any particular purpose of the Service is hereby excluded and Web Prophets shall not be liable to the Customer or any other persons for loss or damage (whether direct or consequential) arising directly or indirectly from the use of the Service or any modification, variation or enhancement thereof, and any documentation, manual or training, relating thereto.
8.2 ) If any condition or warranty is implied in this Agreement pursuant to any provision of the Trade Practices Act 1974 (as amended) or relevant State of Territory legislation and has not been excluded from this Agreement, then to the extent that such condition or warranty is binding upon Web Prophets the liability of Web Prophets for breach of the condition or warranty shall be limited to any one or more of the following as determined by Web Prophets in its absolute discretion : 
(A) in the case of any goods any one or more of the following :
i) the replacement of goods or the supply of equivalent goods;
ii) the repair of goods or the payment of the cost of replacing the goods or of acquiring equivalent goods;
iii) the payment of the cost of having the goods repaired;
(B) in the case of any Services :
i) the supplying of the Service again;
ii) the payment of the cost of having the Services supplied again.
8.3 ) The Customer agrees that Web Prophets can not be held liable for persons under the legal age accessing, receiving, or transmitting any material that is grossly offensive, abusive, indecent, obscene or menacing. The Customer also agrees that Web Prophets cannot be held liable for instructional information about illegal activities, promoting physical harm or injury against any group or individual, material containing nudity or pornographic material of any kind, or material that exploits images of children under 18 years of age.

9 --- Indemnity
9.1 ) The Customer hereby indemnifies Web Prophets in respect of any loss or damage, action, claim, suit or proceeding against Web Prophets by any person arising out of the use of the Service by the Customer including but not limited to the transmission of any obscene, pornographic, illegal and/or fraudulent material.

10 --- Force Majeure
10.1 ) Web Prophets shall not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, Acts of God, War, terrorism, governmental action, or any other cause which is beyond the reasonable control of Web Prophets.

11 --- Termination
11.1 ) Web Prophets may terminate the Service for any reason by giving the Customer (7) days notice.
11.2 ) In the event that The Customer terminates use of the Service, refunds will be dealt with as described in Section 4.8.
11.3 ) Notwithstanding anything herein contained, Web Prophets may terminate the provision of the Service without notice if the Customer breaches any of these terms and conditions.
11.4 ) Web Prophets, in its sole discretion, reserves the right to temporarily suspend the Service the Customer.

12 --- Notices
12.1 ) All notices to be served upon either party by the other shall be in writing and shall be sent by facsimile or electronic mail to the parties hereto at their respective addresses as specified, or posted on the Web Prophets website under Notices or related sections.

13 --- Governing Law
13.1 ) These terms and conditions shall be governed by the laws in force in the State of Victoria and each party hereto irrevocably submits to the exclusive jurisdiction of the Courts of that State.