1. About these Terms of Use
1.1 The Second Life game (Second Life) is the multi-user online game offered by Linden Research, Inc (Linden Labs).
1.2 Except as provided in clause 1.10, for the purposes of these Terms of Use, "Service" means:

1. if you complete the registration form provided on our website (Our Registration Form) - to register you, and establish your account, with Linden Labs on your behalf for your access to, and use of, Second Life; and
2. if you are subscribed to a BigPond ADSL, Cable or Wireless (excluding hourly) internet access plan (Access Plan) - to use reasonable efforts to provide you under your Access Plan with Unmetered Data Usage for data used by you in:
1. downloading content from, or interacting on, The Pond, Ponderosa, Billabong, Pondex, Pondessa, Ponderama, Ponden, Pondfield, Pondice, Pondillion and Pondshen and any other islands of BigPond in Second Life (the BigPond Islands); and
2. downloading the Second Life installer or other Second Life files manually from our BigPond File Library ,

for the purposes of your access to and use of Second Life.
1.3 For the purposes of these terms, "Unmetered Data Usage" means that data usage will be unmetered unless, in circumstances where the BigPond Islands are attacked, sustained high usage or any other fault of a BigPond Island or Linden Labs (each an "Event") and BigPond is unable to verify the source of data being transferred to and from a BigPond Island and for the duration of it being unable to so verify. BigPond will use reasonable endeavours to rectify and mitigate any Event and continue to provide unmetered data usage.
1.4 In accordance with these Terms of Use, Telstra Corporation Limited (in these Terms of Use referred to as 'we' or 'us') agrees to provide the Service to you.
1.5 Your use of the Service is subject to the terms and conditions set out in these Terms of Use.
1.6 Subject to clause 1.2(b), nothing in these Terms of Use affects the terms and conditions set out in any other agreement you may have with us.
1.7 You must read these Terms of Use carefully. By using the Service you agree to be bound by the terms and conditions set out in these Terms of Use.
1.8 You should be aware that if you do not comply with these Terms of Use, we may refer certain breaches to Linden Labs and/or appropriate law enforcement agencies.
1.9 Subject to clause 1.10, these Terms of Use take effect on and from the date when you accept the Second Life service terms of Linden Labs (the Service Terms) in accordance with clause 1.11. These Terms of Use will remain in affect until the earlier of:

1. Second Life ceasing to be permanently available;
2. Linden Labs banning you from accessing or using Second Life; or
3. Linden Labs cancelling your account for Second Life.

1.10 If:

1. you breach any term of these Terms of Use and do not remedy the breach within 10 days of our written notice to you to remedy the breach; or
2. having been on an Access Plan, your Access Plan ends or is terminated,

the Service we will provide to you under these terms and conditions will not, from that date, include the Service described in clause 1.2(b).
1.11 You acknowledge that your account for, access to, use of, and activity in connection with, Second Life will be subject to the Service Terms. You will be required to agree and accept the Service Terms prior to your access to and use of Second Life. Once you have completed Our Registration Form and have downloaded the required software for using Second Life, you will be prompted to accept the Service Terms with Linden Labs.
1.12 You acknowledge that when you accept and agree to be bound by the Service Terms you will also have a contract with Linden Labs. Nothing in these Terms of Use affects your obligations under the Service Terms.
1.13 Only persons 18 years of age are eligible to use the Service. You promise us that you are over the age of 18 years.

2. What you must do
2.1 You must complete Our Registration Form.
2.2 You must provide true, accurate, current and complete information about yourself in Our Registration Form.
2.3 You authorise and provide us with your consent to:

1. register you, and establish your account, with Linden Labs on your behalf for your access to, and use of, Second Life;
2. transfer your personal information included in Our Registration Form to Linden Labs;
3. make inquiries we consider necessary to validate your registration.

You acknowledge that your consent is necessary for us to provide the Service. You also acknowledge that the use and disclosure of your personal information by Linden Labs is provided in the Service Terms and we have no responsibility in relation to such use and disclosure.
2.4 You also authorise and provide us with your consent to collect and use personal information which you or your avatar character publishes or makes available whilst participating on a BigPond Island for security reasons.
2.5 Please read the Telstra Privacy Statement carefully. By agreeing to these Terms of Use, you consent to our use and disclosure of your personal information in accordance with our Privacy Statement. This is in addition to how you expressly agree in these Terms of Use we can use and disclose your personal information.

3. Second Life and third party dealings and websites
3.1 Your use of the Service and your access to and use of Second Life is your responsibility and is entirely at your own risk. By using the Service you accept full responsibility for all and any information and content that you transmit and for all access to and use by you of Second Life.
3.2 You are responsible for acquiring and maintaining all equipment, services and software necessary to use the Service and to access and use Second Life.
3.3 We will not be responsible for providing you with access and use of Second Life or any customer support in relation to your access and use of Second Life.
3.4 We may provide information or include a link from our websites, from time to time, to relevant third party websites in relation to Second Life (third party websites). We do not have a practice of monitoring or making inquiries about the content of third party websites. Content contained on third party websites does not represent the views held by us. You access third party websites completely at your own risk.
3.5 You acknowledge and agree that your correspondence or business dealings with Linden Labs, users of Second Life or any other third parties for the purposes of using or accessing Second Life and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. You are responsible for ensuring compliance with all applicable laws in connection with any such transactions. You agree we shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
3.6 You are solely responsible for all acts or omissions by you in accessing or using Second Life (including any content which you upload, download, copy, publish or modify on a BigPond Island).
3.7 You acknowledge that we do not provide Second Life, nor do we control, authorise or regulate the content of communications between users or users' interaction, including on BigPond Islands. As a result, we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of content provided by third parties on BigPond Islands and have no responsibility or liability to you for such.
3.8 You promise not use the Service or access or use Second Life:

1. in a way that breaches any laws, regulations, standards or codes, as enacted, modified or updated from time to time;
2. in a way which or infringes any of our rights or the rights of any third party including intellectual property rights, confidentiality or privacy rights;
3. to defame, harass or menace or threaten any other person; or
4. send, publish, post, upload, email, link, distribute or disseminate viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other users' software or hardware.

4. Liability under these Terms of Use
4.1 Our liability for negligence, breach of contract or contravention of any law as a result of any problem with the Service or your use of the Service which cannot be lawfully excluded will be limited to resupplying the Service to you.
4.2 To the full extent permitted by law we exclude all conditions or warranties which may be implied into these Terms of Use. However, under certain laws you may still possess rights that we may not exclude.
4.3 We make no warranties or representations in relation to, and exclude liability under these Terms of Use, in relation to the availability of Second Life or your ability to access and use Second Life.
4.4 You agree that we are not responsible for, do not endorse and make no representations either expressly or impliedly concerning:

1. Second Life;
2. third party websites;
3. Linden Labs; or
4. users in Second Life,

including their content or any products or services which they offer.
4.5 We are also not liable to you for any loss to the extent that it is:

1. caused by you, for example, through your negligence;
2. loss of data or loss or profits or revenue; or
3. caused by circumstances outside our control.

4.6 You agree to indemnify us against all actions, claims, suits, liabilities, costs or expenses, demands arising out of or connected with:

1. your access to and use of Second Life (including any content which you upload, download, copy, publish or modify on a BigPond Island);
2. any misleading, false, or incorrect information about yourself in Our Registration Form;
3. any breach by you of these terms and conditions; and
4. any breach by you of the Service Terms.

5. After the end of these Terms of Use
5.1 The end of these Terms of Use does not affect the terms set out in these Terms of Use regarding your grant of indemnity, the rights granted to us under clauses 2.3 and 2.5 and our limitation of liability. These terms survive the ending of these Terms of Use.

6. General Conditions
6.1 These Terms of Use are governed by the law in force in the State of New South Wales, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning these Terms of Use.

© 2007 Telstra Corporation Limited. All rights reserved.
Last updated: 9 March 2007