AAPT Business Dial-Up Service Schedule

An AAPT Internet Solution

This Service Schedule forms part of the Agreement between Us and You and cannot be used as a stand-alone agreement. Any terms defined in the Service Agreement and the Service Order Form have the same meaning in this Service Schedule unless defined in this Service Schedule or the context requires otherwise. We will be Your exclusive provider of the Service described in this Service Schedule. To place an order for this Service, please sign and return to Us the Service Order Form provided to You. Service Agreement means Our current "Standard Service Agreement", a copy of which is available at http://www.aapt.com.au/businesslegal, or such other agreement as may be agreed in writing between Us and the You (in which case the latter will take precedence).

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Part 1 – Service Description 1.

Description

1.1

Introduction AAPT’s Business Dialup provides dialup national dial up access to AAPT’s internet network via an 0198307150 number. AAPT performs authentication of business dialup accounts. The Service includes a mailbox per account, usage-based billing, administration via a web interface and a dynamic IP address. You can activate additional accounts online via an activation key. As part of Business Dialup, you may access international global roaming via iPass global roaming services. You must download the global roaming client from the AAPT website to your laptop to access these services.

1.2

Application Business Dialup is available with or without a domain name. If you choose to buy it with a domain name, you can also add a website to your Business Dialup bundle. AAPT's Business Dialup is a business grade Internet dialup Service. To register for the Service you must have an ACN or an ABN number.

BUSINESS DIAL-UP PACKAGES

GROUP BILLING

DOMAIN NAME

WEB SITE

Business Dialup (group of users @connect.net.au)

YES

NO

NO

Business Dialup with Domain (group of users @domainname, net.au/com.au)

YES

YES

NO

Business Dialup with Domain & Web site (group of users @domainname, net.au/com.au)

YES

YES

YES

(includes 5Mb web site)

The Service delivers dialup internet access of speeds up to 56kbps for dialup modems. You as the customer are responsible for all charges associated with dialing into the AAPT network.

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To help you manage your costs, Business Dialup gives you a single bill for all of your internet usage, even across multiple users. The suite of administration tools allows you to manage your users by reviewing their usage and changing their passwords and other details as appropriate. The administration tools also allow you to add and cancel users at any time, day or night - whenever it suits you. Administration tools can be accessed online. Email Aliases An alias is like a signpost to a real email address. Sending mail to an alias will result in that mail going to the email address the alias points to. Aliases are useful for creating departmental email addresses that can be pointed to different real addresses as necessary, for example, if the accounts person goes on holiday, mail to the alias [email protected] can be redirected to someone else. Business Dialup includes 5 preset aliases as follows:  Sales 

Enquiries



Accounts



Info



Help.

We also include an alias administration interface so that you can add new aliases and edit, redirect or delete existing ones. 1.3

1.4

Features 

Dialup speeds of up to 56Kbps



ISDN dialup available at up to 64Kbps (charged in addition to standard dialup)



Dynamic IP address



Access to global roaming capability



Online administration tools



Email aliases.

Service Access and Availability Business Dialup is available from any standard telephone access point within Australia for the cost of a local call, which may vary dependant upon your provider. ISDN local data call charges may also apply. You will receive a welcome letter advising how to configure your dial up setting to dial 0198307150. AAPT Is not responsible for charges incurred by you from your access service provider.

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Part 2 - Charges Please refer to the Service Order Form

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Part 3 – Additional Terms and Conditions 1.

Use of the Services

(a)

We will provide you with a user identification code, unique password and other security information specific to your account (‘Account’) with AAPT Limited. You must keep this information confidential and not disclose it to third parties without our permission. For clarity, you may disclose this information to your agents and integrators who have a legitimate need to know.

(b)

Our Acceptable Use Policy can be viewed at our website www.aaptbusiness.com.au. You agree that our Acceptable Use Policy is incorporated into this agreement and you will ensure that it is complied with when the Service is used. Our Privacy Policy can also be viewed at our website and it sets out the way in which we deal with personal information.

(c)

You are responsible for all use of the Service accessed by any person (whether you have given them permission or not) through use of your Account. Disclosure or loss of Account information which results in unauthorised use of the Service (including misconfiguration of Equipment not within AAPT’s standard Customer Premises Equipment [CPE] configuration templates) is your responsibility and should be reported to us as soon as possible.

(d)

You acknowledge that we, or our authorised delegate, may intercept the Services or the data being transmitted over the Services or suspend the Services if you fail to comply with the Agreement or applicable laws or to enable us to comply with our obligations at law. We may investigate any misuse of the Services by you, in conjunction with relevant law enforcement agencies.

(e)

You are responsible for and must pay the cost of all telecommunications and access charges incurred when accessing or using the Service, and any charges by any content provider.

(f)

You acknowledge that the internet is not necessarily a secure or confidential means of transmitting information.

(g)

You agree to indemnify, defend, and hold us harmless from all damages, losses, liabilities, costs or expenses (including reasonable legal fees) (‘Loss’) reasonably incurred or suffered by us arising from any claims (including third party claims), or demands against us where such Loss was caused by:

(h)

any infringement or alleged infringement of any person’s intellectual property rights involving a use of the Service; or

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(i)

any alleged breach of a person's rights or defamation of a person involving the use of the Service and the indemnity is reduced to the extent that the Loss is caused by a negligent or wilful act or omission by us.

(j)

If you ask us to change the place at which the Services are provided, we cannot guarantee that we will be able to provide the Services at the new address. You may have to pay charges for installing the Services at the new address. We will obtain your agreement to any such charges prior to invoicing you for them.

(k)

You agree that the Global Roaming Schedule of Minimum User Terms (set out below) applies to your use of the AAPT iPass Global Roaming Services and you agree that you and all users (“End Users”) of the Service that we supply to you will be bound by and comply with these terms.

(l)

Neither AAPT nor its suppliers warrant, nor do they assume responsibility for, any consequences suffered by any person as a result of Internet access including, without limitation, those suffered as a result of accessing Internet information and content, such as the possibility of contracting computer viruses, accessing information with offensive, inaccurate or inappropriate content. Neither AAPT nor its suppliers shall be responsible for any damages suffered by any person as a result of obtaining Internet access. You acknowledge and agree that iPass may disclose your usage data to AAPT and other third parties. You acknowledge and agree that all End Users must exercise their own due diligence before relying on any information available on the Internet, and must determine that they have all necessary rights to copy, publish or otherwise distribute any such information available on the Internet under copyright and other applicable laws. By its very nature, the Internet contains offensive or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. We expect that you will use caution—and common sense—in using the Internet.

(m)

To the extent permitted by law, AAPT and its suppliers disclaim all warranties and conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. AAPT and its suppliers shall not be liable for any third-party network failure. Use of any information obtained via the service is at your own risk. AAPT and its suppliers specifically deny any responsibility for the accuracy or quality of information obtained through their services. AAPT and its suppliers also do not guarantee continuous, uninterrupted or secure access to the Internet or to your home account. AAPT and its suppliers do not warrant that the Services will be available on a specified date or time or that the network will have the capacity to meet your demand during specific hours. Access to the network cannot be guaranteed, and you may be unable to access the network at any time, and disconnections from the network may occur from time to time. Neither AAPT nor its suppliers will be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither AAPT nor its suppliers will be liable for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures, or information through accident, fraudulent means or devices, or any

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other method, regardless of whether such damage occurs as a result of AAPT’s or its suppliers’ negligence. If you remain connected to the Service without activity for five (5) minutes, you may be disconnected. (n)

To the extent permitted by law, neither AAPT or its suppliers shall be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with the service.

(o)

You may not use the Services to take any actions or make any statements that: (a) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any applicable law, statute, ordinance or regulation (including without limitation those regarding export control); (c) are defamatory, trade libelous or unlawfully threatening; (d) are pornographic or obscene; (e) violate any laws regarding unfair competition, antidiscrimination or false advertising, or (f) result in the distribution of viruses, Trojan horses, worms, time bombs, cancelbots, chain letters or other similar harmful or deleterious programming routines, or (g) result in the unauthorized entry to any other machine accessible via the network. You may not use the services to distribute any bulk unsolicited emails or otherwise cause an excessive or disproportionate load on AAPT’s or its suppliers’ infrastructure, or to otherwise interfere with or disrupt network end users, services or equipment. Any access to other networks connected to AAPT’s and its suppliers’ networks must comply with the rules appropriate for such networks. Violation of the foregoing may result in termination of access. Given the current regulatory and technical environment you should not have an expectation of privacy in your online activities

(p)

iPass and its supplier shall be deemed to be third-party beneficiaries of this agreement, with the right to enforce the terms of this agreement that concern or relate to the use of iPass’ intellectual property including its software.

(q)

In this Agreement, AAPT’s suppliers include iPass Inc. and its Suppliers. You agree that this Agreement is expressly for the benefit of AAPT and its suppliers and may be enforced by them.

(r)

Subject to the terms and conditions of this agreement, AAPT grants to you a nonexclusive, non-transferable, limited license right exercisable solely during the term of this agreement to install and use the Client software. You acknowledge that the software contains the valuable information of iPass and its suppliers, and agree not to cause or permit the modification, reverse engineering, translation, disassembly, or decompilation of, or otherwise to attempt to derive the source code of such software, whether in whole or in part (except to the extent permitted by applicable law). You will not obfuscate, alter or remove any copyright, trademark or other proprietary notice or legend on or in the software and associated documentation and will include all such markings in all copies of such materials.

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(s)

You may not resell or redistribute any of the Services. The Services may be suspended or terminated if you breach these terms. Any breach of these terms by your End Users shall be deemed a breach by use.

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