This agreement is GoConnect's standard Terms and Conditions of Use for its Option Plan. This agreement is made as the first step in the Member's completing the Member's online Application Form. The Member in accepting the "accept button" on the 'join now' registration page, acknowledge that he/she has carefully read and has agreed to be bound by the Option Plan Terms and Conditions of Use.

GoConnect's Option Plan is offered strictly for private non-commercial purposes. Under the current terms and conditions, GoConnect reserves the right to terminate the subscription of a Member and remove the Member's access to the Internet under the Option Plan if the Member's usage, including time logged on and downloads are beyond reasonable private non-commercial usage.

A new Member's access to the Internet under the Option Plan will be suspended if total Internet usage during any calendar month exceeds 200 hours in total. Please read this agreement carefully. It is a condition of the Member's use of the Service that the Member complies with the terms and conditions of this Agreement, as amended from time to time.

1. Definitions

"Agreement" means the GoConnect Option Plan Terms and Conditions of Use contained herein.

"Application Form" means the online application form completed by the Member for the purposes of registering for the Service.

"Excess Fee" means the charge of $6.00 for use of the Service exceeding 30 hours each month for up to an additional 170 hours in that month.

"Existing Member" means a Member of GoConnect's internet service.

"Fee" means the charge of $13.95 per month for the use of the Service each month.

"GoConnect" means GoConnect Australia Pty Ltd (ACN 090 146 213).

"GoConnect Website" means the website of GoConnect found at www.goconnect.com.au and members.goconnect.net and includes all web pages found within those websites.

"GoTrek" means the permanent window on the Member's computer monitor for the serving of banner and motion picture advertisements and other content to Members, and includes all updates and versions.

"Member" means a registrant whose Application Form for the provision of the Service has been accepted and the applicant registered as a Member by GoConnect.

"Minor" means any person below the age of 18 years.

"Option Plan" means the subscription dial-up Internet access service offered by GoConnect on the terms outlined in this Agreement.

"Payment Authority"means the direct debit details provided by Members authorising GoConnect to directly debit the Member's credit card for the provision of the Service, which has been validated by the bank that issued the credit card during the Member's online application process.

"Personal Information" has the same meaning as defined in the Privacy Act 1988 (Cth) and includes all the information provided to GoConnect by the Member on the Application Form.

"Service" means the dial-up Internet access service provided by GoConnect pursuant to the Option Plan and, at the discretion of GoConnect, may include provision of information, computer resources, disk storage and communications through the Internet.

2. About this Agreement

The use of the Service by the Member is subject to the terms and conditions of this Agreement and constitutes the entire understanding and agreement between the Member and GoConnect. The Member accepts and confirms the terms of this Agreement by the Member's first and continued use of the Service.

3. The Provision of the Service

Account Creation

3.1 Upon acceptance of this agreement, Members desiring to receive the Service are required to complete the online application as outlined below, before being allowed to connect to the Service:

1. Members must submit Personal Information under the Application Form;

2. Members must submit the Payment Authority form, that includes the Member's credit card details;

3. GoConnect will advise Members of payment confirmation for the Member's initial monthly subscription and whether the Member has been accepted or denied access to the Service. This approval is subject to the Member's bank either confirming or denying the accuracy of the Member's Payment Authority and the debit against the Member's credit card of the first month's subscription;

4. Members to accept the terms and conditions of the sub-license of GoTrek and all updates or versions of GoTrek and Members having installed or downloaded GoTrek, including all updates and versions of GoTrek; and

5. Members confirming that the application process has been validly completed.

3.2 Members acknowledge that the payment for the subscription of the Option Plan can be made only via a direct debit of their credit card under the Payment Authority, including Bankcard, Visa and Mastercard. By submitting the Application Form with all details completed, each applicant expressly authorises GoConnect to debit the charges as set out in this Agreement under the Payment Authority. The Payment Authority shall not be cancelled or terminated by any Member so long as there are any charges, Fees or Excess Fees that remain to be debited under the Payment Authority, including outstanding charges, Fees and Excess Fees after cancellation of membership of the Option Plan.

3.3 The subscription charged to persons joining the Option Plan shall be as follows:

1. Upon joining the Option Plan, New Members will be debited the Fee. The Fee shall be for the provision of the Service in the month immediately following the month in which the New Member becomes a Member. Each New Member shall be entitled to 30 hours access under the Service in the month of joining without any cost being charged for that month.

2. If a New Member's usage of the Service in the month in which the New Member joined the Option Plan exceeds 30 hours, then the New Member will be charged the Excess Fee for up to an additional 170 hours of usage of the Service in that month so that the New Member may use the Service for up to 200 hours in that month.

3. The Fee charged at the time of joining provides the New Member with 30 hours access to the Service in the month immediately following the month in which the New Member joined the Option Plan. Each New Member will be debited the Fee monthly in advance from the beginning of the second month after the month in which the New Member joined the Option Plan, and thereafter at the beginning of each month.

4. From the beginning of the second month from the month in which each New Member joined the Option Plan, each New Member will also be debited the Excess Fee (if any) for the month in which the New Member joined the Option Plan and for the second month after joining the Option Plan in addition to the Fee for that month in advance. New Members will thereafter be charged the Fee at the beginning of each calendar month plus the Excess Fee and call charges to the technical help desk for the previous month.

5. Each Member will receive a payment confirmation notice from GoConnect via email to the Member's GoConnect.net address within 7 days after the direct debit payment has been made under the Payment Authority.

6. The payment confirmation notice will itemise the Fee, the Excess Fee (if applicable).

7. Any unused hours at the end of a calender month will not roll over the to the following month.

8. Members are able to monitor their usage time by access to an online account management system which provides information on accumulated usage within a calendar month. That clock is reset the first day of each calendar month.

9. It will be the Members responsibility to monitor their own total use of the Service each calendar month.

10. An idle time limit of 20 minutes with a session limit of 5 hours applies to Option Plan Members. (Please refer to User Policy.) There are no restrictions on the number of consecutive dial in and Internet sessions a Member may have through the Service, subject to the maximum limit of 200 hours not being exceeded.

3.4 Service Cancellations

1. Members who wish to cancel their account may forward an to GoConnect at requesting a cancellation of their account. This notification must be received at least 7 days prior to the Members next direct debit payment date under the Payment Authority.

2. Should a Member give the required notice of cancellation more than 7 days before the due date for the deduction of the fees and charges under this Agreement then the Members account shall be terminated on the date on which the next direct debit against the Member is to be made.

3. Should a Member give notice of cancellation less than 7 days before the date on which the next direct debit under the Payment Authority is to be made against the Member then the Service to the Member shall be terminated at the end of the month in which the next direct debit against the Member under the Payment Authority is to be made. The Member shall be entitled to continued access to the Service during that period. Members are not entitled to any refunds.

4. GoConnect shall be entitled to debit under the Members Payment Authority all charges incurred by the Member up to the date of the termination of the Service after the giving of the notice in accordance with this clause 3.4 including in respect of any fees and charges under the Option Plan as applicable whether for the Fee or Excess usage fees.

Information on Application Form

3.5 The Member must ensure that their Personal Information, as provided to GoConnect on the Application Form, is true and correct and is the same as the particulars provided on the Payment Authority. The Member must notify GoConnect of any changes in their Personal Information.

Minors

3.6 Any minor who registers as a Member must include the following information in their Application Form:

1. the name of a parent or guardian ("Authorising Adult"); and

2. the telephone number, street address and e-mail address or other relevant contact details of the Authorising Adult.

3. the Payment Authority, which is required to be in the name of the Authorising Adult and the Authorising Adults consent to the Payment Authority.

3.7 GoConnect may seek consent from the Authorising Adult before providing the Minor with access to the Service.

3.8 GoConnect may report to the Authorising Adult of the provision to and use of the Service by the Minor and seek confirmation from the Authorising Adult of his or her consent to the provision, use and continued use of the Service by the Minor.

3.9 GoConnect may, at its sole discretion refuse to register the Minor as a Member where the Minor fails to provide relevant contact details of an Authorising Adult in accordance with clause 3.8, or if such Authorising Adult fails to provide consent for the provision, use or continuing use of the Service by the Minor.

3.10 GoConnect shall notify the applicant of their acceptance to the Service during the online application process, as outlined in clause 3.1(c) Following notification of a successful application and the Member having completed the remaining steps of the application process, the Member will be connected to the Service.

Service Description

3.11 The features of the Service are fully set out in the 'join now' section of the GoConnect Website. Members acknowledge the following in relation to the Service:

1. The Service is available 24 hours, 7 days a week and available only to Members in metropolitan Brisbane, Sydney, Perth, Adelaide and Melbourne;

2. GoConnect may in its sole discretion disconnect and cancel a Member's subscription to the Service if a monthly subscription payment for the Service has been denied by the Members banking facility;

3. GoConnect may in its sole discretion disconnect a Member who has been connected to the Service continuously for more than 5 hours and/or idle for more than 20 minutes. Members will receive an online message prior to reaching the end of their session limit so they can take any action prior to disconnection to the Service;

4. Any Member so disconnected under clause 3.11(c) may immediately dial back into the Service and GoConnect will not impose any restriction as to the number of times a Member may redial back into the Service for a connection to the Service;

5. GoConnect reserves the right to terminate the subscription of a Member and remove the Members access to the Service, if the Member's use of the Service is for purposes other than for non-commercial purposes (refer to clause 3.19 of this agreement for examples of unacceptable use); and

6. GoConnect reserves the right to change the subscription fee and the Service, subject to giving 14 days notice to all its Members of the changes. Any change in Service and/or subscription fee will not be effective until the end of the monthly subscription period of the Member. If Members do not wish to be subject to the change in Service and/or, they have the right to close their account with GoConnect at the end of the subscription month and before any change is effective on the Members account.

7. GoConnect will suspend the account of any member who exceeds 200 hours of total Internet usage during a calendar month. The account will be reactivated on the 1st day of the subsequent calendar month.

Access to and use of the Service

3.12 GoConnect shall provide each Member with a user name, e-mail address, password, telephone number and other information (together their "Log-In Particulars") to provide the Member with access to the Service. The Log-In Particulars are confidential to the Member and must not be disclosed by the Member to any other person. Each Member shall only be entitled to one set of Log-In Particulars unless otherwise as permitted by GoConnect.

3.13 Members must not connect the Service to another network, such as a local area network. Members may connect only one computer to the Service at any one time and must not in any circumstances connect servers that transmit data to the Internet or cable network, such as FTP or chat servers.

3.14 GoConnect may at its discretion require a Member to use a different user name or e-mail address from the user name or e-mail address requested by the Member, or may ascribe to a Member a different user name or e-mail address from that previously registered and used by a Member as part of the Service. A Member may not use a user name or e-mail address which is defamatory, false, misleading, deceptive or intended to cause confusion or deception.

3.15 The Member is responsible for the use of the Service using the Member's Log-In Particulars, whether that use is by the Member or by any other person.

3.16 GoConnect shall use all reasonable efforts to ensure that the Service is fully operational at all times. However GoConnect does not warrant to the Member that the Service will be fault free. The Service may be subject to interruptions due to operational difficulties, the breakdown or malfunction of equipment or software, unavailability of telephone lines, interruptions in network and satellite links and any other operating difficulties that may occur from time to time. GoConnect is not liable for any loss or damage suffered by the Member as a result of any interruptions and other service difficulties associated with the Service. To the extent that such liability cannot be lawfully excluded, GoConnect's liability, at its option, shall be limited to the re-supply of the Service.

3.17 Members' use of the Service must be in accordance with the GoConnect's User Policy for the Option Plan. The User Policy for the Option Plan forms part of this Agreement and Members must ensure they comply with the terms and conditions as contained therein (as amended from time to time).

3.18 Members' use of the Service must be in accordance with GoConnect's Privacy Policy. The Privacy Policy forms part of this Agreement and Members must ensure they comply with the terms and conditions as contained therein (as amended from time to time).

3.19 Members must not abuse, overuse or use the Service other than for non-commercial purposes. If a Member's use, including total number of hours online or downloads, does, in GoConnect's reasonable opinion, create an undue burden on the network, degrades use of the Service by other members, and is used for commercial purposes, GoConnect reserves the right to:

1. restrict the level of the Members Service;

2. suspend a Member's access to the Service;

3. terminate the subscription of a Member and remove the Members access to the Service;

without prior notice to the Member. The following are examples of use of the Service that may be deemed by GoConnect in exercising its discretion, as use other than for private non-commercial purposes:

1. Access to the Service for more than 12 hours a day;

2. Access to the Service for more than 200 hours per month; and

3. Downloading information on the Service more than 500 mb per month.

GoConnect will suspend the account of any member who exceeds 200 hours of total usage during a calendar month. The account will be reactivated on the 1st day of the subsequent calendar month

Support for the Service

3.20 GoConnect provides priority and subsidised technical help desk support for Option Plan members through its 9.00am to 5.30pm 5 days a week help desk located at the phone number provided on the GoConnect Website. The Member acknowledges that these support services are subject to a fee payable at the rates published on the GoConnect Website. The fees charged for the provision of such support services may be varied at any time by GoConnect subject to 14 days notice being provided to Members.

3.21 Due to the nature of computers and Internet connection technology there is no guarantee of your problem being resolved by the technical help desk. Members who use the technical help desk do so at their own risk and acknowledge that there is a no refund policy that applies to call charges to the technical help desk, irrespective of whether the problem is resolved.

3.22 GoConnect provides Members with access to a constantly updated online support section located on the GoConnect Website. This support page requires Members to enter their Log-In Particulars to gain access.

3.23 Members also receive free email support. In order to receive free email support, Members are required to complete a form located in the support section of the GoConnect Website. This form must be completed in detail and submitted to GoConnect. Whilst GoConnect will use every endeavour to reply within 48 hours to a request for email support, no guarantee can be provided that a 48 hour response time will occur. In some circumstances and depending on the nature of the problem, GoConnect may refer the member back to the Technical Help Desk.

Billing Enquiries

3.24 GoConnect will provide a special telephone number for billing enquiries. Any questions or problems related to billing will be handled by operators on this number. The number is located both on the support section of the GoConnect Website and can be located on all payment confirmation notices which the Member receives in accordance with clause 3.1 of this Agreement. The hours of operation of this call centre are contained on the GoConnect Website. Members will not be charged for any billing enquiries save for ordinary telephone call costs.

GoTrek and Transmission of Advertisements

3.25 The Member acknowledges and agrees that:

1. The Member must accept and agrees to be bound by the sub-licensee terms and conditions of use of GoTrek;

2. In consideration of the provision of the Service, the Member shall be served banner and motion picture advertisements and other content on GoTrek whilst the Member is online using the Service.

3. In consideration of the provision of the Service, the Member may be served banner advertisements and other content on inbound and outbound emails.

4. The GoTrek software through which such advertisements will be served is included in the set-up software downloaded from the Internet onto the Member's computer during the completion of the registration process.

5. The Member must follow the instructions and install the GoTrek software onto the Member's computer as downloaded from the Internet.

6. The Member must access the Service through the GoConnect icon displayed on the Member's computer screen / desktop, which will activate GoTrek. The Member must not attempt to access the Service through any other means, including but not limited to directly dialling through the modem link via the access number.

7. The Member must not distribute, transfer, copy or otherwise provide the GoTrek software to any other person other than in a form or medium that is produced, provided or expressly authorised by GoConnect in writing.

8. The Member is sub-licensed to use the GoTrek software under this Agreement and may not authorise another party to use the GoTrek software.

9. GoConnect may, at its sole discretion, transmit advertisements and other content in any form, including through GoTrek, to the Member whilst the Member is online and for up to 60 seconds subsequent to the Member disconnecting from the Service.

10. The Member must not attempt to block or close GoTrek or do anything, or attempt to do anything, which has the effect of blocking, modifying or otherwise interfering with the serving of the advertising material on GoTrek or otherwise.

11. The Member must not tamper or attempt to tamper with any set-up software programmes or the GoTrek software.

12. GoConnect retains the right to terminate the provision of the Service, disconnect the Member from the Service and/or cancel the Member's registration without notice should the Member tamper with the set-up software programme or the GoTrek software.

13. GoConnect may update or upgrade the GoTrek software from time to time. The Member must accept such upgrades and updates of the GoTrek software, as required by GoConnect from time to time. The Member must follow the instructions provided by GoConnect to install such upgrades or updates onto their computer in order to ensure the continued provision of the Service.

14. The member acknowledges that GoTrek may interfere with certain but not all full screen applications.

Third Party Dealings

3.26 The Member's dealings with, and interest in, promotions, services or retailers found on or via the Service ("Third Parties") are, unless explicitly stated, solely between the Member and those Third Parties. GoConnect is not responsible for any loss or damage suffered by the Member as a result of such dealings.

Software License Agreement

3.27 The Member must comply with all the terms and conditions contained in the GoConnect Software License Agreement. The Member further agrees to be bound by all other third party software license agreements provided to the Member by GoConnect in relation to the Service. GoConnect excludes all liability in relation to such software save for the obligation of GoConnect to replace such software should the need to do so arise.

Other Web Sites

3.28 GoConnect may provide hypertext links to other websites and/or resources on GoTrek or on the GoConnect Website. GoConnect does not accept responsibility for these websites and/or resources, nor does GoConnect endorse or regulate the content of other web sites and/or resources to which it provides hypertext links.

4. Member's Obligations

Provision of Equipment

4.1 The Member must provide a telephone line, modem, computer, software (that includes either Windows 95, Windows 98, Windows 2000, Windows ME, Windows NT, Windows XP (but excluding Macintosh software) and any other equipment necessary to facilitate access to the Service. The Member shall be responsible to pay the cost of all telephone calls, fees, costs and charges in relation to such equipment. The Service is only available on the software listed above and may not be compatible with full screen games.

Secrecy of Login Particulars

4.2 The Member is solely responsible for the use of the Service. The Member must not disclose the Member's Log-In Particulars to any other party.

No Assignment or Resale by Member

4.3 The Member must not assign or transfer its rights nor delegate its obligations under this Agreement and must not resell the Service to any other party.

Improper Use of Service

4.4 The Member must NOT use the Service:

1. to publish, receive or transmit any material that is offensive, abusive, indecent or menacing. This includes but is not limited to material that is illegal, promotes physical harm or injury against any group or individual, contains nudity or pornographic material of any kind, or exploits Minors;

2. to engage in any activity which breaches any laws, infringes a third party's rights or breaches any standards, content requirements or codes promulgated by any relevant authority, including the IIA Code of Practice;

3. in a manner which defames, slanders, harasses or menaces or otherwise interferes with the rights of any other person;

4. to send unsolicited or unwelcome e-mail messages to any other person;

5. to infringe the intellectual property rights of any other party;

6. to interfere with or disrupt the Service, equipment or other network users in a way that would cause any interruption, damage, impairment or loss of efficiency to the Service, equipment or other network users. Such interferences or disruptions include, but are not limited to, the mass distribution of unsolicited advertising and e-mail, the sending of threatening or harassing e-mail messages, the forgery or attempted forgery of e-mail messages, the propagation of computer viruses or using the network to hack or make unauthorised entry into any other computer or machine accessible from the Service;

7. in any other manner which will require GoConnect to take any remedial action

The Member is responsible for obtaining advice as to whether the Member's use (or proposed use) of the Service is in breach of any of the above provisions.

No Commercial Use

4.5 The material and content, or any part of that material and content, contained within or provided by GoConnect to the Member in relation to the Service is for the personal use of the Member only and may not be used for commercial purposes or distributed commercially by the Member without the prior written consent of GoConnect. The Member's use of the Service carries with it no proprietary rights in relation to copyright, trademarks or any other intellectual property rights whatsoever of or in GoConnect.

Exclusion of Liability

4.6 The use of the Service is the responsibility of the Member and is entirely at the Member's own risk. To the extent permitted by law, GoConnect excludes all liability for any loss or damage suffered by the Member or any other person as a result of the use of the Service.

Content Unsuitable for Minors

4.7 The Member acknowledges that some content accessible through the use of the Service is unsuitable for Minors. The Member warrants that no Minor will use the Service without the express permission and personal supervision of the Member using either the Member's or any other person's Log-In Particulars. GoConnect does not accept any responsibility for the use of the Service by a Member who is a Minor where the Minor has advised that an Authorising Adult has consented to the Minor using the Service, or where GoConnect has sought the consent of the Authorising Adult to provide or continue to provide the Service to the Minor.

Internet Industry Code

4.8 GoConnect is a member of the Internet Industry Association of Australia ("the IIA") and is governed by the IIA Code of Practice ("the Code"). Members of GoConnect agree to be bound by the Code and acknowledge to have obtained and read a copy of the Code by linking to the IIA Website from the GoConnect Website.

5. Breach of this Agreement

5.1 If a Member is found or is suspected to be in breach of this Agreement, GoConnect may, at its discretion, having regard to the circumstances, either:

1. warn the Member;

2. suspend the Member's access to the Service;

3. cancel the registration of the Member;

4. if the circumstances so require, notify and provide all relevant information to any relevant authorities for determination.

Effect of Cancellation of Registration

5.2 Upon the cancellation of the registration of a Member under clause 5.1(c), GoConnect may erase any contents, Log-In Particulars, set-up parameters and e-mail storage of that Member.

6. Personal Information

Privacy Policy

6.1 GoConnect's collection, use and disclosure of all Personal Information shall be in accordance with this clause 6 and GoConnects Privacy Policy.

Non-Disclosure or Transfer of Personal Information

6.2 GoConnect will hold all Personal Information in the strictest confidence in accordance with and subject to the Privacy Act. This information shall be used by GoConnect to administer connections of Members to the Service.

6.3 GoConnect shall not disclose nor transfer without the prior consent of the Member, the personal particulars of the Personal Information or any other information that would identify the Member individually to any other person, except:

1. as required by law; and

2. to ensure the performance of contractual obligations with agents to administer connections of Members to the Service.

Profiling of Members

6.4 GoConnect may profile the Member's usage patterns and use of the Internet. This information may be used by GoConnect to enable GoConnect to target publication of advertising to the Member.

6.5 GoConnect may collect information via GoTrek to enable it to monitor network performance of the Service. Such information may include busy signals encountered or other network performance indicators such as connection speeds.

6.6 GoConnect will not otherwise disclose nor transfer any Member usage patterns information without the prior consent of the Member.

Access to Personal Information

6.7 GoConnect shall take all reasonable steps to ensure that all Personal Information is secure at all times. Members may access and correct their own Personal Information from the GoConnect members website. Members may direct GoConnect to delete any Personal Information upon terminating from access to the Service.

Consent of the Member

6.8 The Member hereby consents to the collection and use of the Personal Information for the purposes as outlined in the GoConnect's Privacy Policy and this clause 6.

7. Variation of Agreement

GoConnect may vary any of the terms and/or conditions of this Agreement from time to time by publishing such variations on the GoConnect Website. The obligation is on the Member to check the GoConnect Website to monitor whether any such variations have been made. The Member's continued use of the Service will constitute the Member's acceptance of such variations.

8. Liability and Indemnity

No Liability

8.1 GoConnect is not liable to the Member or any other party for any loss or damage suffered (whether directly or indirectly) in relation to the subscription fee, use of the Service, including but not limited to the quality, merchantability, suitability, connectivity or fitness of the Service, except to the extent that liability may not by statute be lawfully excluded.

Use by Minors

8.2 The Member agrees that GoConnect cannot be held liable for Minors accessing, receiving or transmitting any material that is grossly offensive, abusive, indecent or menacing, including but not limited to material that is illegal, promotes physical harm or injury against any group or individual, contains nudity or pornographic material of any kind, or exploits Minors.

No Liability for Goods or Services purchased

8.3 GoConnect is not liable for any goods and/or services purchased by Members whilst online, whether from advertisers on GoTrek or from Third Parties providing goods and/or services on the GoConnect Website or through the Service, and any other Third Parties with whom the Member has any dealing. GoConnect shall not be liable in respect of any loss suffered by a Member arising directly or indirectly as a result of effecting payment for those goods and/or services on hire.

Indemnity

8.4 The Member hereby indemnifies GoConnect in respect of any loss or damage, claim, suit or proceeding against GoConnect by any person or relevant authority arising out of the use of the Service by the Member or any person using the Member's Log-In Particulars.

9. General Condition

GoConnect may assign its rights under this Agreement to any other party at its discretion. Any such assignment shall be published on the GoConnect Website and shall take effect 14 days after notification of such assignment is first given. Any use of the Service by the Member 14 days after notification is an acceptance by the Member of the assignment.

10. Notices

Any notices under this Agreement shall be served on the parties in writing and shall be sent by prepaid ordinary post, by facsimile or by e-mail to the parties at their respective addresses as specified on the Application Form.

11. Governing Law

This Agreement shall be governed by the laws of the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria in determining any dispute concerning this Agreement.

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