AGREEMENT FOR @SOURCE COMMUNICATIONS LIMITED INTERNET SERVICES READ THIS LICENCE CAREFULLY BEFORE LOADING OR USING THIS SOFTWARE . BY LOADING OR USING THE SOFTWARE YOU ARE DEEMED TO ACCEPT THE PROVISIONS OF THIS LICENCE. IF YOU DO NOT ACCEPT ANY OF THE FOLLOWING PROVISIONS, DO NOT USE THE SOFTWARE. The enclosed computer program(s) "Software" is licensed, not sold, to you by @Source Communications Limited (AS) for use only under the following terms, and AS reserves any and all rights not expressly granted to you. You own the disk or CD-ROM on which any Software is recorded, but AS or its suppliers retain ownership of all copies of the Software itself. This Internet Service is being provided to you by @Source Communications Limited. The terms and conditions written below may be supplemented or amended by the materials accompanying your software package; this is the entire agreement ("Agreement".) Please consult these materials before proceeding, and read all pages of this Agreement. You are authorised to access and use this Service when you have completely filled in all the required registration information and indicated your concurrence with terms of this Service as described in the registration instructions. This Agreement and your registration information are the complete agreement between you and @Source Communications Limited regarding this Service and replace any prior oral or other communications between us. 1. Description Overview Under this Agreement we provide you dial access to and use of the AS ("Service") for the specific purpose of enabling you to access the Internet and services available on the Internet. Access to Internet Service Description We provide only access to Internet. Each Internet provider owns, maintains, and supports its service. Availability of an Internet service is the responsibility of the Internet provider. We do not own or control all of the various facilities and communication lines through which access may be provided. Accordingly, we shall not be responsible for user/access security. However, we will assist in network security breach detection and identification and in establishing limited access when requested. Certain Internet services may contain language or pictures which some individuals may find offensive, inflammatory, or of an Adult nature. Such contents are the sole responsibility of the Internet service provider. We do not endorse such materials and disclaim any and all liability for their contents. With regard to Internet services, you are responsible for: A. determining what services are available via the Internet; B. determining if an Internet service meets your requirements; C. obtaining from the Internet provider your login ID, password and email account identifier in order to access their service; D. contacting the Internet provider directly if you have problems with their service; E. having invoiced directly to you and paying Internet provider charges if any, associated with your usage of their service; F. abiding by the National Science Foundation network (NSFnet) Acceptable Use Policy and the Internet Acceptable Use Policy when accessing the NFSnet portion of the Internet; and G. obtaining and adhering to all other terms associated with usage of Internet or a specific Internet service or an intermediate provider's service which we use for access to the Internet. 2. Electronic Communications Each of us may communicate with the other by electronic means as described in this Agreement and its registration information. Each of us agrees to the following for all electronic communications: 1. login ID, and/or email account identifier, contained in an electronic document, is legally sufficient to verify the sender's identity and the document's authenticity; 2. an electronic document that contains a login ID, and/or email account identifier, , is a signed writing; and 3. an electronic document, or any computer printout of it, is an original when maintained in the normal course of business. 3. Charges You will incur the charges when using this Service as specified in the Fee Schedule for @Source Communications Limited. We provide you the Fee Schedule in the last page of this registration program. During the Trial Access Period there will be no charges (except for your local phone charges) for the AS Internet Services. The Trial Period provides for unlimited access for the balance of your first calendar month of service, i.e. if you sign up on the 1st or the 10th, you will have access until the last day of the current month. We may, at our option, elect to accept your credit card for payment and acknowledgement that you wish to continue the Service after the trial period, in which case all charges that you incur for the use of the Service will be debited to the credit card number you provide to us. Should this credit card number expire or should we otherwise be unable to debit valid charges to this credit card number, we may immediately and without notice withdraw your access to the Service. 4. General Terms Each of us agrees that: 1. all information exchanged by both of us is nonconfidential. Section 8 of this Agreement describes our responsibilities for handling data and information you transmit over our network using the Service; 2. Except in the case of long term prepaid accounts, either party may terminate this Agreement, with or without cause, by giving notice to the other, in such case the Agreement will terminate at the end of the month; 3. any terms varying from this Agreement in any order, written or electronic communication from you are void; 4. neither of us grants the other any licenses under this Agreement; 5. neither party will bring a legal action more than two years after the cause of action arose; 6. if any provision of this Agreement is determined to be invalid, all other provisions shall remain in force; 5. Our Responsibilities We will: 1. provide you facilities for you to enter and maintain your registration information; 2. provide you a User Identification code to enable access to the Service; 3. send any electronic notice to you at the email account that we provide you; 4. provide you with a telephone number to enable you to connect to the Service; 5. provide you electronic or written notice if we change or terminate this Agreement, substantially alter the Service from its current description, increase Service charges, or change invoicing procedures. Such changes shall be effective immediately; and 6. provide access to the current Agreement and any succeeding Agreement. 6. Your Responsibilities You agree: 1. To keep secure the Service login ID and password details. you acknowledge that if you connect to the Service automatically, without manually entering your User Identification code anyone who has access to your computer can also gain access to the Service and could abuse your personal registration information. 2. to keep current all registration information, using the facilities we provide, including your address and credit information; 3. that we may use your name, user identification and other identifying information in our service directory; 4. not to assign, or otherwise transfer, this Agreement or your rights under it, delegate your obligations, or resell the Service. Any attempt to do so is void; 5. that you are responsible for the results obtained from the use of the Service; 6. to obtain, install, and maintain suitable equipment and software as necessary to access the Service; 7. to obtain all required permissions if you use the Service to receive, download, display, distribute, or execute programs or perform other works; 8. to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data; 9. to pay charges for all Service usage you incur by any means. Failure to promptly pay may result in withdrawal of your access to the Service; and 10. to provide us with the requested identification when requesting password reset or in connection with other security related matters. 7. Warranty, Limitation of Liability, and Disclaimer We warrant that the Service that we provide under this Agreement conforms to its current description in this Agreement. If, at any time, you have any questions about or problems with the Service, please contact Technical Support. If the Service is inoperable, we will attempt to fix the Service. For any claims whatsoever that you may have in connection with this Agreement, your sole and exclusive remedy against us is to cancel the Service and we will refund any prepaid amounts for the Service. In no event are we liable for: 1. special, indirect, or consequential damages even if we have been advised of the possibility thereof including, but not limited to, lost profits, lost business revenue, or failure to realise expected savings, or 2. any claims against you by any other party. This Section 7 applies to all claims by you irrespective of the cause of action underlying your claim including, but not limited to: 1. breach of contract, even if in the nature of a breach of condition or a fundamental term or a fundamental breach, or 2. tort including, but not limited to negligence or misrepresentation. This paragraph does not apply to claims for personal injury or damage to real or tangible personal property caused by our negligence. Notwithstanding the foregoing, in no event are we liable for any damages arising from your failure to perform your responsibilities in connection with this Agreement, or arising from any cause beyond our control, including, but not limited to delay in the performance of our obligations or misuse of your User Ids. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO OUR SERVICE OR THE SERVICE OF ANY OTHER SERVICE PROVIDER. FURTHER WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS OR USE OF THE SERVICE OR ANY OTHER PROVIDER'S SERVICE OR PRODUCTS INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. 8. Customer Transmitted Data We agree to respect the nature of your confidential information, including programs and data, transmitted electronically over our network while using the Service. However, we have no obligation of confidentiality relating to your information, including programs and data, which is not confidential. Information that is not confidential includes information which is: We also have no liability for any disclosure of information that occurs as a result of our delivery of your information, at your direction and to a recipient you designate, when the delivery is made in the normal course of Service provision (for example, to an incorrect delivery address provided by you to us). We may disclose information to the extent required by law. HANDLING OF YOUR INFORMATION You are responsible for selection and use of the security facilities and options that we provide. You are responsible to develop and maintain procedures (apart from the Service) to protect your information. You are responsible for backup and restoration of your information. For the purposes of operation and maintenance we may use, copy, display, store, and distribute internally your information. We agree not to reverse assemble or reverse compile your information. We do not guarantee that these procedures will prevent the loss of, alteration of, or improper access to, your information. You agree that access to your information will not prohibit or prevent us from developing or marketing any service or product. For transmission carried over interexchange carriers' and local exchange carriers' facilities, we are not responsible for transmission errors, or corruption or security of data. 9. Service Availability and Access This Service is generally available daily, seven days a week, except for maintenance. However, we may at anytime without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities. We also reserve the right to withdraw the Service from you if your use of the Service, in our opinion, is disruptive, causes a malfunction of the Service or violates the terms of this Agreement.