Terms and Conditions of service. Alien Camel Pty Ltd (ABN 38088728616) ("Aliencamel") provides a fee-based value-added email service (the "Service") available on the Internet subject to these Terms and Conditions of service ("T&C").

Unless stated otherwise, the provision of the Service is subject to this T&C. You understand and agree that the Service is provided "as is" and that Aliencamel assumes no responsibility for the availability and uptime of the Service, nor the timeliness, deletion, non-delivery or failure to store any emails or user communications.

In order to use the Service, you must obtain access to the Internet, either directly or through devices and email software that access email, and pay any service fees, and software licences associated with such access. In addition, you must provide all equipment and software necessary to make such connection to the Internet and email services, including a computer and modem or other access device.

You must be at least 18 years of age to use the Service and if you agree to the T&C and continue with the registration process you acknowledge that you are at least 18 years of age.

You acknowledge that Aliencamel may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Aliencamel's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Aliencamel has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Aliencamel reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Aliencamel reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

The Service is for personal email. The Service is not intended nor should be used by you for business or commercial purposes. Aliencamel may terminate any account which it believes, in its absolute discretion, is being used for non-personal email purposes. You agree to pay all charges for using Aliencamel at the prices set out on the Aliencamel web site and in this Agreement ("Subscription Fee"). The Subscription Fee is inclusive of any Australian GST tax for Australian residents. Aliencamel reserves the right to change prices at any time. Price changes implemented during your membership period will apply to subsequent membership periods after the effective date of the change. All pricing changes will be posted on the Aliencamel web site, and such posting constitute sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of Aliencamel or your failure to terminate or cancel your subscription, after any such changes are posted will constitute your acceptance of the prices for subsequent subscription periods.

Aliencamel's Subscription Fee is paid in advance and is non-refundable, and unless cancelled, will be automatically renewed until terminated by you. Aliencamel will charge (directly or indirectly via its payment processor) the Subscription Fee to the credit card account provided by you, and you warrant that you have permission to use the credit card account to pay for the Service. You also agree that Aliencamel may automatically charge your credit card for renewal of your subscription without further authorization from you. You may cancel your subscription at any time by following the Cancel subscription links on the Aliencamel web site. If you cancel your subscription or we do not receive payment from you when we seek payment, all Content in your account will be deleted within 7 days of the date of your subscription cancellation or failure to pay your Subscription Fee.

If payment is not received by Aliencamel from your credit card issuer or its agents, you agree to pay all amounts due from you for your Aliencamel subscription upon demand from Aliencamel.

Aliencamel may use third parties to securely manage the transmission and processing of credit card payments across the Internet and you agree for Aliencamel's agents to collect payment from you on Aliencamel's behalf. You acknowledge and agree that there are inherent risks associated with providing credit card details via the Internet and that Aliencamel cannot guarantee and accept no liability for the privacy of your personal details and credit card information.

Aliencamel may also authorize third parties to provide Aliencamel with processing facilities to receive your Subscription Fee. You agree to use such third parties and to authorize them to debit your credit card or other payment methods you provide to such third parties in order for you to pay the Subscription Fee when due.

When you register to use the Service you shall provide true, accurate, current and complete information about yourself and payment details as prompted by the Service's registration form and the forms provided by our authorized credit card processor ("Registration Details"). If you provide Registration Details that are untrue, inaccurate, not current or incomplete, or Aliencamel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aliencamel has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

You understand and agree that you are responsible for all information, data, text, messages or other materials ("Content") you transmit or receive via the Service. Aliencamel does not control the Content transmitted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable or contain software viruses. Under no circumstances will Aliencamel be liable in any way for any Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any Content downloaded, emailed or otherwise transmitted via the Service.

In using the Service, you agree not to:
1. upload, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
2. upload, email or otherwise transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or similar content ("Advertising Content"). This includes associating any such material with Aliencamel in any manner whatsoever. For the avoidance of doubt, any reference to, or inclusion of, the aliencamel.com domain or the IP addresses used by the Aliencamel service in any Advertising Content is strictly prohibited;
3. impersonate any person or entity, including, but not limited to, an Aliencamel officer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge email header details or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, email or otherwise transmit any Content that you do not have a right to transmit;
6. upload, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, email or otherwise transmit any material that contains software viruses or any other computer code designed to interrupt any computer software or hardware or telecommunications equipment;
8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9. breach any local, state, national or international law whether intentional or not;
10. use the Service for business purposes.

Aliencamel will immediately terminate any account which it believes, in its absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email in any manner, including any email that causes the IP address(es) of the Service to be listed in any database (generally known as Real-time Blackhole Lists "RBL") that enables other email servers, routers or similar devices to reject or not deliver emails from our users to users on their service. You agree to pay for all direct and indirect damage associated with such email and if actual damage cannot be reasonably calculated then you agree to pay Aliencamel liquidated damages of the higher amount of US$5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account or US$10 per hour multiplied by the number of registered users of the Service, for every hour that the Aliencamel service remains listed in a RBL. Aliencamel does not screen Content, but Aliencamel may in their sole discretion refuse or remove any Content that violates the T&C or is otherwise objectionable. You agree that you must bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that Aliencamel may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Aliencamel, its users and the public.

You also acknowledge and agree that Aliencamel may use Content provided by you to enhance its filtering technology for the benefit of Aliencamel and its users. This may include collaborative and group wide filtering technologies.

Your use of the Service is governed by our privacy policy. The privacy policy forms part of this T&C and is incorporated by reference. You will select your own password and email address during the registration process. You are responsible for maintaining the secrecy of the password and account, and are responsible for all activities that occur on your account. You shall:
1. Notify Aliencamel immediately of any unauthorized use of your password or account or any other breach of security; and
2. Ensure that you log out from your account at the end of each email session and to ensure that the computer used to access the Service is kept secure and protected. Aliencamel cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation. You agree to indemnify and hold Aliencamel, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including lawyers' fees, made by any third party due to or arising out of Content you transmit or receive through the Service, your use of, or connection to, the Service, or your violation of the T&C. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Aliencamel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Aliencamel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Aliencamel, in its sole discretion, may terminate your account and remove and discard any Content within the Service, for any reason, including, without limitation, for non payment of the Subscription Fee, or if Aliencamel believes that you have violated or acted inconsistently with the letter or spirit of the T&C. Aliencamel may also discontinue providing the Service with or without notice. You agree that any termination of your access to the Service under this T&C may be effected without prior notice, and acknowledge and agree that Aliencamel may immediately deactivate or delete your account and all related Content in your account or bar any further access to such Content. Further, you agree that Aliencamel shall not be liable to you or any third-party for any termination of your access to the Service under the T&C. The Content you receive may contain hyperlinks to other World Wide Web sites or resources. Because Aliencamel has no control over such sites and resources, you acknowledge and agree that Aliencamel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Aliencamel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information, including copyright, patent, and trade secrets that is protected by applicable intellectual property and other laws. Except as expressly authorized by Aliencamel, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Aliencamel grants you a personal, non-transferable and non-exclusive right and licence to use its Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to reverse engineer, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the approved email protocols and the web pages provided by Aliencamel.

No written or oral advice or information obtained by you from Aliencamel shall create any warranty not expressly stated in the T&C.

You understand and agree that:
1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Aliencamel expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
2. Aliencamel makes no warranty that:
- the service will meet your requirements;
- the service will be uninterrupted, timely, secure, or error-free;
- any errors in the software will be corrected;

You understand and agree that Aliencamel shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Aliencamel has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- unauthorized access to your transmissions or Content;
- statements or conduct of any third party on the Service; or
- any other matter relating to the Service.
If you are a resident of Australia, you agree that Aliencamel's liability for any breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the service shall be limited as follows:
1. in the case of goods, to any one or more of the following (as Aliencamel may determine): (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired.
2. in the case of services, to one of the following (as Aliencamel may determine): (1) the payment of the supplying of the services again; or (2) the cost of having the services supplied again, except as expressly provided elsewhere.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore some of the above limitations stated above may not apply to you. Notices to you may be made via either email or the Aliencamel web site. The Service may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Service. Aliencamel, the Aliencamel logo, the Pending Email Advisory, and other Aliencamel logos and product and service names are trademarks of Aliencamel (the "Aliencamel Marks"). Without Aliencamel's prior permission, you agree not to display or use in any manner, the Aliencamel Marks. The T&C constitute the entire agreement between you and Aliencamel and govern your use of the Service, superseding any prior agreements between you and Aliencamel. The T&C and the relationship between you and Aliencamel shall be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria. The failure of Aliencamel to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this document are for convenience only.

May 2006