NRG POLICIES

[Web Hosting Policy] [General Subscriber Agreement]
[Acceptable Use Policy]

[Internet Industry Codes of Practice]
[IIA Approved Filter Products & Services]

NRG
ACCEPTABLE USE POLICY  

The NRG Acceptable Use Policy is set out below. Please read it carefully.

If you use any NRG Internet service ('Service'), you must comply with the Acceptable Use Policy. If you fail to comply, NRG may suspend or terminate your use of the Service. 

The Acceptable Use Policy is designed to ensure that your use of the Service does not break any laws or interfere with the right of other NRG customers to also use the Service. 

NRG may change this Policy from time to time. You must check the Policy regularly to ensure that you are aware of your obligations.

When using the Service you must comply with these Terms and Conditions

You must not:

1. defame, harass or abuse anyone or violate their privacy;
2. infringe intellectual property rights by using, copying or distributing data or software without permission of the owner;
3. distribute or make available pornographic, obscene, illegal or confidential material;
4. disrupt, damage, modify, destroy or interfere with the service, data of the service or any other computer system, or anyone else' use of them, including the distribution of viruses or overloading a system via SPAM, denial of service attacks, bulk emails etc;
5. monitor, access or use any data, systems without authority or attempt to probe, hack, scan or test the vulnerability of any data, system or network;
6. email source addresses or user information, forge header information;
7. use Back Orifice, Netbus or similar operated software to gain unauthorised remote access to another person's machine;
8. disobey the rules of any newsgroup, forum or email mailing list;
9. engage in electronic "stalking" or other forms of harassment such as using abusive or aggressive language;
10. engage in misleading or deceptive on-line marketing practices;
11. use the System or Services to contribute to or aid the commission of a crime or to infringe the rights of a third party;
12. impersonate NRG or other users;

You are responsible for the use of your account by any other person (whether you have given them permission to use it or not) and you must ensure that they also comply. 

If we have cause, we may monitor the conduct of your account to determine whether this policy is being followed.  If we monitor the conduct of your account, we will safeguard your privacy unless to do so would involve us in the concealment of criminal offences or inhibit the enforcement of this policy.

If we become aware that your use of our service may break the law or that you have not complied with this policy, we may attempt to contact you before taking the following action:-

• warn you by email;

• suspend your access to the service;

• terminate your account without notice, and /or

• notify and provide relevant information to the authorities, as appears appropriate under the circumstances or as we are legally obliged to.

In the event of taking action under item we reserve the right to delete any or all of your email, information, software or other content stored on our system at our sole discretion

NRG reserves the right to suspend an account if the subscriber fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything that in NRGs opinion may have the affect of jeopardising the operation of the service.

NRG
WEB HOSTING TERMS OF SERVICE

The Subscriber acknowledges that use of the Data, Databases, System and Services may be subject to certain legal regulations, conditions and restrictions. The Subscriber must ascertain and comply with such regulations, conditions or restrictions.

Commonwealth legislation allows the Australian Broadcasting Authority ('ABA') to direct NRG to remove certain prohibited Internet content from its servers or prevent users from accessing certain Internet content. NRG may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing your account or restricting access to a particular website.  NRG may take these steps immediately and without notice to you.

PERSONAL WEB PAGES

NRG permits each user to have their own personal web page with a limit of 5 Megabytes of space.  Traffic limits apply and any site exceeding those limits will be liable for additional traffic charges.  For detail, email admin@nrg.com.au

NRG reserves the right to remove any personal web page from the Personal Web Page area where it is deemed to be commercial by nature of the volume of Internet traffic attracted to the site or by the content of the site and levy commercial traffic charges as per NRG’s commercial tariffs.

BUSINESS WEB PAGES

NRG hosts business web pages, virtual domains, etc. Traffic limits apply and any site exceeding those limits will be liable for additional traffic charges.  For details, email admin@nrg.com.au

COMMUNITY WEB PAGES

Hosting conditions are the same as per personal web pages.  Where the North Coast located community organisation requires their own domain name, these will be hosted by NRG at no cost however NRG reserves the right to charge for excess traffic fees as per our pricing schedule (email admin@nrg.com.au for details). 

NRG requires that any such sites hosted by NRG display a NRG logo on the index page of the site saying "Proudly hosted by NRG - the North Coast Community Internet Service Provider"

CONTENT

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of Australian Broadcasting Authority ('ABA') is prohibited. This includes, but is not limited to;

copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.  

In addition any site selling or promoting Bulk email services is not allowed 

Examples of non-acceptable content or links:

• Pirated software

• Hackers programs or archives

• Warez Sites

• Irc Bots

• Copy righted Mp3 files

• Distribution points

• Any site whose primary purpose is file distribution

• Shareware, sound, video, image and multimedia archives

NRG will be the sole arbiter as to what constitutes a violation of this provision.  The use of our web servers in any manner connected with pornography, or any illegal use such as copyright violation, or any use that we deem to be inappropriate in like manner, whether or not it is specifically illegal, is in direct violation of our Terms of Service and will result in immediate deletion of files, and/or immediate termination of services. Links to such materials are also prohibited.  This paragraph does NOT obligate us to act in a timely manner in this regard, nor does failure to act constitute our acceptance of any prohibited use.

TRAFFIC GUIDELINES

For detail email admin@nrg.com.au

High Resource Policy

Any site that is deemed as impairing the performance of our servers either by high disk utilisation, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource sites are sites that use an excessive amount of system resources such as bandwidth, Storage or CPU utilisation. It is at NRGs sole discretion to decide which sites are "High Resource" sites. Sites who have been deemed as a "High Resource" site will be subject to the following: 

- Verbal or email warning.
- Deactivation of account if action is not taken in   ample amount of time.
- Bandwidth charges of $0.25/mb over the set amount allowed per account.

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.  Any deliberate attempts to misuse this service will be taken as an "unauthorised access" attempt

Background Running Programs

Currently we do not allow programs to run continually in the background.  These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Commercial Advertising - Email:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your account.

As such, any violation will result in immediate deactivation of services without refund.

Notwithstanding any other provisions of this Agreement, NRG in addition to any rights it may have under law or statute, may forthwith terminate this Agreement by written notice or without notice to the Subscriber if in its opinion, the subscriber fails to abide by the NRG Acceptable Use Policy as published.

Server Abuse:

Anybody trying to access the shell account of any other person/s without permission from the system operator or owner of the site is strictly prohibited. Any attempts to undermine or cause harm to a server will result in immediate deactivation of services without refund.

Refusal of Service:

We reserve the right to refuse or cancel service at our sole discretion.

WARRANTY

Clients who are hosted under the NRG Network plan agree to adhere to any and all special requirements for this plan.  These requirements may change from time to time.

1. Though we make extreme effort to ensure continuous service, services are not available 80% of the time.

2. We are not liable in any way for outages beyond our control, such as utility companies or similar failures.

3. Our liability for service outages cannot and will not exceed fees paid to us for the specific services that were contracted but that we did not provide.

4. Typical service outages are for system upgrades (on an "as required" basis). These outages typically do not exceed thirty minutes and are scheduled for "off peak" times.

5. Services may be used for lawful purposes only. We reserve the right to terminate services supplied for any customer, with or without notice, who use our services for any unlawful purpose.  We will retain sole and exclusive judgment (excepting official legal authorities, local or otherwise) to determine whether a particular practice is lawful or not.

6. We are not liable, in any way whatsoever, for any content that is downloaded by others to our systems, or transmitted by others via our systems.  It is not possible for us to regularly check data, which has been downloaded, nor is it possible to monitor the content of transmissions.

7. Payment is to be made in advance for services.  If SUSPENDED, with or without notice.  If services are suspended, a Restoration Fee of $50.00 may be charged.  For ANY PAST DUE PAYMENT, a LATE PAYMENT FEE of $10.00 may be charged.

8. If any payment is past due 14 days, services may be TERMINATED, with or without notice.  If services are terminated, a Restoration Fee of $100.00 may be charged and ALL USER FILES may be DELETED.

9. ANY termination of service will result in all user computer files being DELETED UPON TERMINATION.

10. Though we have automated systems for backing up files, we are not liable for any loss of user data.

If RESTORATION is required, we may charge a fee of $50.00 for each occurrence.

11. The terms and conditions expressed herein, other than prices, are to be in effect for the duration that services are rendered. Violation of, or failure to enforce, any one provision, by either party, will not affect any other provisions.

12.  Cancellation of Web hosting services is required in writing (email/fax) to admin@nrg.com.au

13. Payment for services rendered, or to be rendered, by NRG  and/or assigns and/or agents constitutes explicit agreement by the purchaser of services to the terms and conditions set forth herein. This document should be printed by the customer, or prospective customer, and retained for his records. Failure to print and/or retain this document does not constitute any lack of agreement, nor does it imply that the terms are not enforceable. It is the sole responsibility of the purchaser, or prospective purchaser, of services to ensure that he and/or she understands and agrees to these terms and conditions as herein set forth prior to paying for any services.

14. This document shall be enforceable in accordance within the laws of the State of New South Wales.

15. Any dispute with regard to any and/or all-contractual issues shall be settled by formal arbitration in the State of New South Wales. The decision of the arbitrator will be binding on all parties involved. The contracting parties waive any and/or all rights to bring any dispute to trial.

16. NRG cannot, and does not, ensure the accuracy or timeliness of any information provided.

17. These Terms and Conditions may be changed from time to time, with or without notice.

Neither NRG, and/or its assigns, employees, representatives, agents, or contractors thereof, warrant any connection to, transmission over, or use of, any connection or facilities provided (or failed to be provided). Further, no warranties are made, whether express or implied, with regard to the suitability, merchantability, performance, or business and/or legal consequences of any services provided (or failed to be provided). NRG and/or contractors assume no responsibility for any and/or all damages suffered by any and/or all customers for, but not limited to, loss of data, delays, non-deliveries, mis-deliveries, or service outages.  However, NRG and/or assigns and/or agents will reimburse, upon written request, any monies paid in advance for any loss of services contracted to be provided, which exceed a cumulative duration of four hours per week, providing that the aforesaid loss of service was due to a problem within our reasonable control.

NOTE: that this reimbursement is the MAXIMUM liability accepted and/or to be incurred by NRG and/or agents and/or assigns.

NRG
GENERAL SUBSCRIBER AGREEMENT

3.1.1 "Agreement" includes any schedule or annexure to the Agreement; 

3.1.2 "Commencement Date" means the date from which the Subscriber first has access to the System; 

3.1.3 "NRG Network" means NRG's Points of Presence (POP's) and information services Email, News Groups, or NRG's activities; 

3.1.4 "Data" means publicly available data, programs, information and other works and material available to subscribers via the System; 

3.1.5 "Database" means the databases available to subscribers via the System and includes a NRG Database; 

3.1.6 "dealing" means any act or thing in relation to Data and includes the following acts, namely to publish, sell, copy, reproduce, redistribute, adapt, publicly perform, transmit to the subscribers of a diffusion service, corrupt, distort, mutilate, modify or derogate from any part of the Data, whether in human or machine readable form; 

3.1.7 "E-Mail Material" means data electronically transmitted in the form of a personal message using the electronic mail part of the System. 

3.1.8 "Equipment" means the Subscriber's equipment used to access the System and use the Services; 

3.1.9 "Hours" means a period of sixty minutes and the equivalent period of time, which is calculated as specified in Schedule B; 

3.1.10 "ID Code" means an identification code (also known as "username") to be used in accordance with the Manual to obtain access to the System and to use the Services supplied to the Subscriber pursuant to clause 5.1.2; 

3.1.11 "Manual" means the NRG users manual; 

3.1.12 "Services" means the services described in Section 2.1; 

3.1.13 "Software" means the Subscriber's software used to access the System and use the Services; 

3.1.14 "SPAM" means unsolicited emails

3.1.14 "System" means NRG's network equipment and programs utilised to provide the Services to Subscribers; 

3.1.15 "the Subscriber" means the party referred to in clause 1.2; 

3.1.16 "Subscription Period" means the period of this Agreement; 

3.1.17 "User" means a person who accesses the System or uses the Services using the Subscriber's ID Code; 

DURATION
4.1 This Agreement and access to the System and Services will commence on the first day NRG allows the Subscriber access to the System and will continue until (one)(three)(twelve) months after the Commencement Date occurs and for successive periods of (one)(three)(twelve) months thereafter, in any case unless terminated in accordance with clause 19. 


ACCEPTANCE OF SUBSCRIBER'S APPLICATION
5.1 Upon acceptance by NRG of the Subscriber's application; the Subscriber shall be recorded by NRG as a subscriber to the System and Services and: 

5.1.1 NRG shall supply the Subscriber with one copy of the NRG User's Manual; 

5.1.2 NRG shall supply the Subscriber with an identification code to be used in accordance with the Manual to obtain access to the System and to use the Service; and 

5.1.3 subject to this Agreement, for as long as the Subscriber promptly pays all amounts required by this Agreement to be paid, NRG shall allow the Subscriber access to the System and the Services, on the terms of this Agreement. 

APPLICATION OF SPECIAL CONDITIONS
6.1 Any Special Conditions which may apply to any particular type of Database access or Service offered by NRG to the Subscriber from time to time shall be contained in a schedule which is attached or may be later adopted as a schedule to this Agreement. Any Special Condition inconsistent with these Terms shall override these Terms to the extent of the inconsistency.


THE DATA
7.1 Additional or varied Data and Databases may from time to time be made available on the System by NRG. No consent of the Subscriber or notice of any additional or varied Data or Database becoming available shall be required but NRG may provide that information as a service. 

7.2 NRG may amend particular programs, information and facilities from time to time at its discretion even if that amendment results in a loss of functionality of the System, a reduction in the Services or a reduction in the Data or Databases available on the System.


AVAILABILITY OF SYSTEM
8.1 Subject to alteration of hours of operation from time to time and to any downtime of the System (whether for maintenance or otherwise), NRG must use all reasonable endeavors to ensure that the System and Services will, (subject to other terms of this Agreement) be available at all times that this Agreement is in force.

8.2 The Subscriber acknowledges the System and/or Services might not be available for access:

8.2.1 during any equipment or services malfunction or breakdown, electrical short circuit, power failure, telecommunications failure or fault, industrial dispute or other cause beyond the control of NRG; or 

8.2.2 during any period of shutdown, Database unavailability or inability of the System to provide access, whether or not as a result of a cause within the control of NRG. 

8.3 The Subscriber acknowledges that the Databases, the System and the Services may be discontinued at any time by NRG without notice to the Subscriber if: 

8.3.1 NRG's license or authority to use a Database or provide the Services is withdrawn, restricted or altered in such a way that NRG considers it undesirable to continue to provide the Database or the Services to subscribers; 

8.3.2 any claim is made that the inclusion of information, data, program, code or material in a Database infringes the rights of a third party, or exposes NRG to liability to any third party or to liability for prosecution for an offence or liability to a statutory penalty; or 

8.3.3 NRG is otherwise obliged to discontinue provision of the information.

8.4 No compensation or other amount of any kind will be payable by NRG in respect of any loss of access or functionality referred to in this clause 8.


ACCEPTABLE USER POLICY 
9.1 The Subscriber agrees to abide by NRG's Acceptable Usage Policy as outlined on our web site at http://www.nrg.com.au/policy.html#acceptable use

9.2 The Subscriber agrees to abide by NRG's Web Page Guidelines as outlined on our web site at http://www.nrg.com.au/policy.html#web hosting 


COMPLIANCE WITH LAWS 
10.1 The Subscriber acknowledges that use of the Data, Databases, System and Services may be subject to certain legal regulations, conditions and restrictions. The Subscriber must ascertain and comply with such regulations, conditions or restrictions. Unlawfully accessing or damaging data in a computer is not only a breach of the Acceptable Use Policy - it is also a criminal offence punishable by fine, imprisonment or both.

10.2 Commonwealth legislation allows the Australian Broadcasting Authority ('ABA') to direct NRG to remove certain prohibited Internet content from its servers or prevent users from accessing certain Internet content. NRG may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing your account or restricting access to a particular website. NRG may take these steps immediately and without notice to you. For detail see our NRG Web Hosting Terms of Service http://www.nrg.com.au/policy.html#web hosting

10.3 NRG will investigate any misuse of the service and may involve police or other law enforcement agencies in doing so. NRG may recover from you any costs of investigating your misuse of the Service. If your use of the service causes losses to NRG or other users, NRG may require you to pay compensation.

SUBSCRIBER LIABLE FOR ALL USAGE
11.1 The Subscriber is liable for the acts of any User and the breach of the terms of this Agreement by a User will be deemed to be a breach by the Subscriber entitling NRG to any of the rights and remedies that would apply if the Subscriber had committed the breach itself.


CONDITIONS OF USE OF SUBSCRIBER'S EQUIPMENT AND SOFTWARE FOR ACCESS OF THE SYSTEM
12.1 NRG may at any time require the Subscriber to disconnect its Equipment or any part or parts thereof from accessing and using the System or the Services if, in the opinion of NRG, such Equipment is or has been the cause or is likely to be the cause of failures, interruptions, errors or defects in the System or the Services. If the Subscriber is required to disconnect, NRG will as soon as possible, advise the Subscriber of the changes required to be made to the Equipment to enable the Subscriber to access the System and Services.

12.2 The Subscriber must ensure that if such Equipment or Software is used for any purpose other than accessing and using the Data in accordance with the provisions of this Agreement, it is used in such a manner so as not to corrupt the System or any Data or any other software which may be used by NRG.

12.3 The Subscriber must observe the NRG Acceptable Usage Policy. For detail see http://www.nrg.com.au/policy.html#acceptable use

12.4 The Subscriber must maintain all its Equipment and Software.

12.5 The Subscriber must not do any act or thing in relation to Data which would infringe any copyright or moral rights of NRG or any other person except:

12.5.1 where the dealing is permitted by the Copyright Act 1968 and any other applicable laws and by any terms stipulated by the provider of the Data; and 

12.5.2 a copying or reproduction of information from a Database or the NRG Database subject to the following notation and the year is written on each page of the copy or reproduction: "© NRG PTY LTD ALL RIGHTS RESERVED". 

12.6 You must not resell or attempt to re-sell the service, or transfer your account to another person without NRG's written consent.

12.7 NRG will maintain your password and email address for a period of 90 days from the expiry of the hours purchased or the validity period. Beyond that period NRG reserves the right to delete your email & close the account without notice to you. 

12.8 If a subscriber does not use their dialup account for a period of twelve (12) months, a total of ten (10) hours will be deducted from their credited hours or the account will be disabled until such time as ten (10) hours is paid to NRG or expiry of the 90 day period as described in section 12.7 of this agreement.

SUBSCRIPTION CHARGES
13.1 The Subscriber must pay;
(a) all User Charges incurred by use of the Subscriber's ID Code, Equipment or Software irrespective of whether that use is authorised or unauthorised.
(b) Any applicable taxes on the charges (for example the goods & services tax (GST) 

13.2 NRG may in its absolute discretion (even during a fixed term) change the charges and any amounts payable by the Subscriber to include an amount in respect of GST. Any changes will be notified to the Subscriber, however in any event, the Customer will be required to pay the changed charges and any other amounts from the date such GST is applicable.

Where charges are paid in advance and the period over which such charges are paid include post 30 June, 2000 then that portion of the charges relating to post 30 June, 2000 will be calculated and billed to include GST unless indicated otherwise.

13.3 The subscriber must pay the amount due to NRG as advised in the booking statement issued at the end of each month and within 14 days of the date of such statement. Any amounts outstanding as at the due date will bear interest at a rate equal to the Commonwealth Bank Corporate Overdraft Reference Rate as most recently published before that date.

13.4 No reduction or refund of any amount payable under clause 13.1 shall apply if this Agreement terminates under clause 19.

13.5 The Subscriber must pay to NRG the User Charges and Subscription Fees specified in its Schedule of Account Services and Fees as varied from time to time by NRG giving to the Subscriber 30 days prior written notice.

INTELLECTUAL PROPERTY RIGHTS
14.1 The Subscriber acknowledges that it does not acquire any title to or interest in any copyright, trade mark, trade name, patent or other intellectual property rightly (wherever existing) used or embodied in or in connection with the Manual, the System, the Services, any Data or a Database.

14.2 The Subscriber must not during or at any time after the expiry or termination of this Agreement question or dispute any right, title or interest asserted by NRG in relation to the System, the Manual, a NRG Database, any Data on a NRG Database or other electronic form of information or any intellectual property rightly associated with any of the foregoing or with the Services.

14.3 The Subscriber must make and rely upon their own enquiries concerning the existence and scope of any intellectual property rights referred to in this clause 14 and must be responsible for obtaining any consent, approval, license or agreement of the holders of any intellectual property rights required to enable the Subscriber to deal with any relevant Data or to do any act or thing in relation to those intellectual property rights.

SUBSCRIBER DUTIES
15.1 The Subscriber must notify NRG immediately upon the Subscriber becoming aware of any:

15.1.1 infringement of any third party's intellectual property rights as a result of information being made available on a Database or by use of the System or Services; 

15.1.2 the existence of any data, code, program or other material of the kind referred to in clause 10.2; or 

15.1.3 any use of the System or Software (by the Subscriber or any other person), which may infringe clause 10.3. 

15.2 The Subscriber must keep the Subscriber's password secret at all times. NRG may from time to time change the Subscriber's password by notice to the Subscriber.

DISCLAIMER - ACCURACY
16.1 The Subscriber acknowledges that all of the information, Data, programs and material accessed from a Database other than a NRG Database and much of the information, Data, programs and material accessed from a NRG Database is not generated or checked by NRG and that NRG therefore makes no representation concerning the completeness, truth or accuracy thereof or its suitability for any purpose contemplated by the Subscriber. The Subscriber must make and rely on their own independent investigation of the truth, completeness, accuracy and suitability thereof. 

16.2 The Subscriber acknowledges that information entered by the Subscriber through the System may be accessed by other subscribers to the System and Services and third parties. The Subscriber must not enter on the System or any Database any information which is confidential to a person other than the Subscriber except with the prior authorisation of the person to whom the information is confidential.

LIABILITY
17.1 Subject to clause 17.2 NRG shall not be liable in contract, tort or otherwise for any liability or consequential loss or damage sustained by the Subscriber directly or indirectly making use of any Data, a Database, the System or the Services.

17.2 Any liability of NRG of the kind referred to in clause 17.1 which, by law, is unable to be excluded is limited to the minimum sum permitted by law. Where NRG's liability is in respect of a breach of a condition or warranty to which Section 68A(l) of the Trade Practices Act 1975 (Cth) applies, NRG's liability shall be limited to the amounts described in that section.

17.3 The Subscriber hereby fully releases and discharges NRG from all liability which may arise in respect of any material on a Database or Data which is accessed through the System which is in any way defamatory. This release and discharge applies in respect of each jurisdiction in which the defamatory material is published.

17.4 The Subscriber hereby fully releases and discharges NRG from all liability which may arise in respect of any dealing by any person (including NRG) with Data in which the Subscriber holds any copyright or other intellectual property right.

17.5 The Subscriber represents to NRG that the Subscriber is not relying on the System or Services having any particular performance characteristics, response times or availability.

INDEMNITY
18.1 The Subscriber indemnifies NRG against all claims whatsoever sustained, incurred or paid by NRG directly or indirectly (whether or not as a result of NRG's negligence in whole or part) in respect of: 

18.1.1 the access to or use by the Subscriber of any Data, a Database, the System or the Services; 

18.1.2 any information, data or material obtained, accessed or published by the Subscriber in whole or in part from, or by use of any Data, a Database, the System or any Service; 

18.1.3 any breach by the Subscriber of any provision of this Agreement or any schedule; or 

18.1.4 any omission or failure to perform by the Subscriber under the terms of this Agreement. 

TERMINATION 
19.1 Notwithstanding any other provisions of this Agreement, NRG in addition to any rights it may have under law or statute, may forthwith terminate this Agreement by written notice or without notice to the Subscriber if any of the following events shall occur;

19.1.1 if the Subscriber breaches any requirement of clauses 9 or 10; 
19.1.2 if the Subscriber commits any other breach of the terms of this Agreement including the terms of any schedule and the Subscriber fails to remedy such breach within thirty (30) days after receiving written notice from NRG requiring it so to do;
19.1.3 if NRG in its sole discretion determines the Subscriber or any User has used the Databases, System or Services in an unacceptable manner; or 
19.1.4 if the Subscriber becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration ceases or threatens to cease conducting business in the normal manner, being a partnership, is dissolved or being a natural person, dies.
19.1.5 fails to pay when due any sum payable under this agreement
19.1.6 fails to abide by the NRG Acceptable User Policy as published at http://www.nrg.net.au /policy.html#acceptable use

19.2 Either party may terminate this Agreement at any time by giving at least 30 days notice in writing to the other party. 

19.3 Termination of this Agreement shall be without prejudice to any accrued rights of either party and shall not affect obligations which are expressed and not be affected by expiry or termination hereof.

19.4 NRG reserves the right to suspend an account if the subscriber fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything that in NRGs opinion may have the affect of jeopardising the operation of the service.

19.5 NRG reserves the right to levy a $25 administrative fee on any accounts closed and requiring a refund of purchased hours

NOTICES
20.1 Any notice or other communication in connection with this Agreement is taken to have been duly given when made in writing signed by a party or a representative of either party and delivered or sent by post, electronic mail or facsimile to the party to which such notice or communication is intended to be given, at the addresses set out on the first page of this Agreement or to such other address or facsimile number as may from time to time be notified in writing by one party to the others for the purposes of this clause. A notice sent to a Subscriber by electronic mail or facsimile shall be deemed to be in writing.

ASSIGNMENT
21.1 The Subscriber must not, without the prior written consent of NRG, assign or transfer this Agreement or any of its rights under this Agreement to any other person, firm or company. NRG may freely assign all or any of its rights under this Agreement to any other person but must notify the Subscriber of the assignment.


WAIVER
22.1 Failure or neglect by NRG to enforce at any time any of the provisions of this Agreement shall not be construed nor shall be deemed to be a waiver of NRG's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice NRG's rights to take subsequent action.

ENTIRE AGREEMENT AND AMENDMENTS
23.1 This Agreement supersedes any arrangements, understandings, promises or agreements made or existing between the parties prior to the signing of this Agreement, which constitutes the entire understanding between the parties. Except as otherwise provided herein, no addition, amendment or modification of this Agreement shall be effective unless it is in writing and signed by and on behalf of each party. 

23.2 The Subscriber acknowledges the System may include an "on-screen" warning during the log-in stage which contains certain disclaimers and limitations on any liability NRG may have. That on-screen warning shall not derogate from this Agreement.

SEVERABILITY
24.1 If any or any part of the terms contained in this Agreement or any schedule attached or adopted as part of this Agreement be determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining terms, conditions and provisions which will continue to be valid and enforceable to the fullest extent permitted by law.

PROPER LAW
25.1 This Agreement shall be governed and construed in all respects in accordance with the laws of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales. 

25.2 If the Subscriber or any of the Subscriber's property is located in a jurisdiction other than New South Wales (whether in Australia or elsewhere), the parties agree that a binding order of a court in New South Wales may be enforced in that other jurisdiction and the parties must consent to any application to a court or tribunal in another jurisdiction for enforcement of the order or its execution against the Subscriber and the Subscriber's property (including any application for a restraining order or an order for specific performance) and hereby waive all objections and defences to such an order or execution being made.

25.3 The parties also agree that this Agreement, any order or judgement of a court of New South Wales and all things and documents discovered or put into evidence for the purposes of obtaining such a judgement or order and all admissions made by a party in respect of an action, suit or application for the judgement or order may be put into evidence in any proceedings (whether by way of a new dispute or re-litigation or otherwise) between the parties conducted in a jurisdiction other than New South Wales (whether in Australia or elsewhere) or in an application by a party for enforcement or execution of such a judgement or order.