LEGAL NOTICE - If you accept them, the following terms will form an agreement between you and The Free Internet (hereinafter called "we" or "us" as the context requires) whose registered office is at 42-46 High Street, Esher, Surrey. KT10 9QY. It will be a legally binding agreement regulating the terms on which we will provide service to you. Please read all the terms carefully. The Internet access membership type you have chosen will be referred to hereafter in this agreement as "the service" and The Free Internet as the "service provider". i. You will be provided with access information and software in various formats which must be used at all times and changed to the current version when you receive instructions from the service provider. ii. You will be provided with a username, password and a telephone number (the "access information") in order to access the service. You will at all times keep the access information confidential and not divulge it to anyone. You will notify us at once if the secrecy of the Access Information is compromised or if you change your address or telephone number. iii. COMMERCIAL USE You can not use the service for any commercial purposes nor will you use the service to transmit bulk E-mail or for video conferencing. Members of The Free Internet may not use the service to transmit bulk E-mail or for video conferencing. iv. NO UNLAWFUL USE You may not use the Service to transmit or receive any material which is illegal, or in breach of copyright or other intellectual property rights belonging to a third party, material legally judged to be threatening, defamatory, obscene, blasphemous, pornographic, racist or otherwise likely to cause offence, material protected by trade secret or which would contravene the laws of the UK (which without prejudice to the generality of the foregoing shall specifically include conduct contrary to the Computer Misuse Act 1990 or the Telecommunications Act 1984) or the lawful requirements of any existing or future regulatory body. You agree to indemnify and hold us harmless on a full indemnity basis (including legal costs) from any claims resulting from your use of the service which damages another party. v. DISCLAIMER OF WARRANTY In performing its obligations under this Agreement, we shall at all times exercise the reasonable skill and care of a competent Internet access provider. However, we exercise no control whatsoever over the content of the information passing over our network. We make no warranties of any kind, whether expressed or implied for the service we provide. We also disclaim any warranty of merchantability or fitness for a particular purpose. We will not be responsible for any damage suffered by you as a result of our service. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions. Use of any information obtained via our service is at your own risk. We specifically deny any responsibility for the accuracy or quality of information obtained through our service. vi. EMERGENCY SUSPENSION OF SERVICE We may suspend provision of a service forthwith in the event that:- (a) we need to carry out emergency works to our system or (b) we are obliged to comply with an order instruction or request of Government an emergency service organisation or other competent regulatory or administrative authority. We shall if practicable give the customer reasonable notice of any suspension. Following the completion of the emergency works or the withdrawal of the order instruction or request, we shall use all reasonable endeavours to resume services as quickly as practicable and shall carry out emergency works as promptly and swiftly as is reasonably practicable in the circumstances. We shall not be liable for any loss damage or inconvenience suffered from by you as a result of any suspension pursuant to this clause except where the circumstances are caused by our negligence. vii. LIABILITY Our liability to you as a result of breach of this Agreement of negligence shall be limited to:- (a) £1,000 (one thousand pounds) per event or series of connected events and (b) £2,000 (two thousand pounds) in any twelve month period. Notwithstanding anything else in this Agreement neither party shall in any event regardless of the form of action arising in connection with this Agreement whether in contract tort or strict liability and including without limitation negligence of any kind whether active or passive be liable to the other for indirect or consequential losses or otherwise for harm done to business, lost revenues, loss of anticipated savings or lost profits. Nothing in this Agreement shall serve to limit either party's liability in respect of death or personal injury caused by or arising from that party's negligence.