Standard Form of Agreement (Dialup Services)

1 ACCOUNT TERMS OF SERVICE

As of Wednesday, 24th April 2002, all Freedom Plans have a 500MB per month soft download limit for all traffic that is transmitted from Fish Internet to the Customer. When a Customer has reached the 500MB per month download limit, the account may be suspended at which point the customer has the ability to close that billing period, and pre-pay for a new billing period to continue service.

Should a Customer reach the download limit, Fish Telecom reserves the right to close the account immediately. At this point, Fish Telecom releases the Customer from all obligations and the Customer will be asked to find another Internet Service Provider.

Fish Telecom FishDIAL accounts are limited to one PPP login per account at any given time. You may not use multiple login accounts, which allow for multiple concurrent logins to a single PPP account.

Fish Telecom's "Freedom" accounts is not an unlimited account nor is it a permanent connection. It may be used by you to access the Internet intermittently up to six hours per day. After the initial six hours Fish Internet can not and will not guarantee connectivity to the Internet. The "Freedom" account may not be used to run a server such as a WWW or an FTP server nor is it designed for usage to run a business owned by the user or their associates and it is understood that the account will be connected only when a subscriber is actively using the Internet. Automated programs to keep the account active while the subscriber is not utilizing it are in violation of this agreement and those subscribers will have their connection terminated and/or accounts suspended.

Automatic re-connects are not permitted. Any account found to be doing so will be terminated immediately.

Fish Telecom subscribers may use up to 10MB of server space for a personal website, as long as they contain no commercial content. Commercial content is defined as any material placed on the site for the purpose of making a profit by selling products or services or advertising a business. Any websites containing commercial content will be subject to an additional monthly service charge.

Without prejudice, we reserve the right to refuse Service to any individual or commercial entity at any time with or without reason.

2 TECHNICAL SUPPORT

Fish Telecom offers free technical support to assist subscribers with the setup and configuration of Fish Telecom accounts. Fish Telecom technical support staff is available by phone Monday through Friday from 10:00am to 5:00pm. There is no charge for the phone based technical support. It is to be used when a subscriber requires assistance with problems involving the process of dialing into the system and establishing an Internet connection. Subscribers may also contact Fish Telecom technical support by email at support@fishtelecom.com.au

The Fish Telecom configuration software remains the property of Fish Telecom and we only give you a license to use it on your computer to assist your connection to our Service. It may not be used with any other ISP. Fish Telecom supports Windows XP and Windows 2000. Fish Telecom officially DOES NOT support Windows NT, Windows ME, Windows 98, Windows 95, Mac OS 9 and earlier Mac platforms. This reflects Microsofts and Apples initiative which stopped support for the above mentioned platforms in mid 2003. This directive does not stop the customer from connecting with Fish Telecom but all post sales ongoing support for your Internet service will have to be done at your own expense with a qualified professional. Support for Microsoft enviroments like MSN Messenger, Internet Explorer and Outlook Express is not provided. Fish Telecom provides FishMail as the only email environment supported by Fish Telecom. The Customer indemnifies Fish Internet from any potential loss of time, data or revenue resulting from the use of the Fish Telecom Configuration software.

Fish Telecom is not responsible for the performance of services provided by organizations outside of Fish Telecom; including the quality of the subscriber's phone lines; the speed of the Internet connections not owned or operated by Fish Telecom; and the operation or reliability of any Internet server or computer not owned or operated by Fish Telecom.

Fish Telecom is not responsible for any long distance charges incurred when using our dial up numbers. It is the sole responsibility of the subscriber to check with their local telephone provider to ensure that calling any of our access numbers is a local call.

Our service assumes and we are not obligated to say at the point of sale:

-that you will not attach your modem to a split or shared telephone line. You covenant to only use our service with a reasonable modem and a dedicated telephone line for the duration of the time you connect to Fish Telecom.

-that PC hardware and third party software (like Microsoft applications) are not supported by our technical service team. You covenant to arrange your own on site support for your PC.

Fish Telecom will only provide technical assistance if they are your sole ISP. Customers running more than one ISP on their computer will not recieve technical assistance.

You are expected to have all the genuine software for your computer system, including the operating system such as the Microsoft Windows operating systems. Our Technical Support Staff will not assist you in the event this is to the contrary.

3. REFUNDS

As of Wednesday 1st June 2005, the following refund policies will apply.

Unused hours in Bulk hour accounts (including but not limited to Gold Bulk 100, Double Gold Bulk 250, Bulk 50, Bulk 180 and Bulk 500) will no longer roll over to a renewed account in the event that a previous account has expired.

Should the Customer wish to retain any unused hours on an account that is about to expire, the Customer must renew their account prior to the account expiring. If the account is renewed after the expiry of the previous account, any unused hours will be forfeited and not roll over.

All dial up accounts have a fourteen (14) day money back guarantee on the condition that less than two hours of utilization has been completed. The Customer must contact Fish Telecom prior to fourteen (14) days from the date the account was purchased of their request for a refund. Beyond the fourteen (14) days from date of purchase or greater than two hours consumed, the Customer voids and forfeits their right to a refund.

Fish Telecom reserves the right to cease supplying Internet services to any individual or business entity.

If we do not exercise or delay in exercising our rights under this Agreement, we will not be taken to have waived our rights.

This Agreement will be governed by and interpreted in accordance with the laws of the State or Territory in which the Customer signed this Agreement.

Fish Telecom may provide notices to the Customer through telephone, e-mail, post or facsimile at Fish Telecom's discretion. The Customer accepts that notifications or invoices will be sent out via any of these mediums at Fish Telecom discretion.

If you acquire the Internet service by signing on our agreement section provided to you by a Fish Telecom dealer, you acknowledge that the dealer is acting as Fish Telecom agent only for the purposes of receiving an agreement from you and providing it to Fish Telecom. The dealer is not Fish Telecom's agent for any other purposes or in any other capacity and the services are not provided by the dealer.

4. INACTIVE ACCOUNTS

Updated 10 November 2006

Due to the increasing transit fees and processing requirements for email services, Customers are required to use a minimum of two (2) hours of FishDIAL Internet access per month to keep any associated email accounts active. Customers who continually do not consume a minimum of two (2) hours of FishDIAL Internet access per month will have their email accounts deleted, regardless of the expiry of their current plan.