User Agreement Last Revised: 14th March 2006 Version: 1.2 This Service Agreement covers the various services associated with the Internet offered by Waldonet Limited, hereby referred to as 'Waldonet'. By subscribing to Waldonet’s service, the User hereby binds himself to adhere to and observe these terms and conditions. “User” shall mean any individual or entity utilising Waldonet’s Internet Access Services and other related services (hereinafter conjunctively referred to as “the Service”). WALDONET shall provide, and USER agrees to receive, access to the Service subject to the following Terms and Conditions: 1. All services, unless otherwise specifically contracted for between WALDONET and the USER in writing, are provided on a best effort and shared level quality of service. USER acknowledges that USER shall be utilising bandwidth in conjunction with other USERS, and that all USERS are entitled to a fair and equitable share of bandwidth use. Waldonet provides no direct or implied guarantee on the level of Service to the USER that may vary from time to time. WALDONET reserves the right to manage, control and distribute bandwidth as the company deems necessary to ensure a fair distribution of bandwidth and overall quality of service amongst all the USERS. It is WALDONET’s duty to utilise its best endeavours to ensure that all Users are afforded an equitable shared level quality of service. Consequently, bandwidth demanding applications such as but not limited to peer-to-peer and video conferencing will be given lowest priority and overall bandwidth allocation shall be at WALDONET’s sole discretion. WALDONET shall in no manner be bound to provide any form of pre-advice to its USERS when implementing changes in the level of service to safeguard the above. 2. WALDONET makes no warranties, expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose, for the services it is providing or for any information or software provided. WALDONET will not be responsible for any damages the USER suffers through the use or misuse of Waldonet’s service. This includes loss of data due to disruption of service, malfunction, or programmatic error. This expressly includes reimbursement for losses of income due to disruption of service, malfunction, or programmatic error by WALDONET or any of its providers. Without prejudice to the foregoing, the liability of Waldonet (if any) in contract, tort or otherwise arising out of or in connection with the Service shall be limited in respect of any one event or series of two or more connected events to four hundred sixty-five euros and eighty-seven cents (€465.87). 3. WALDONET shall in no manner be held responsible for any damages arising from the USER’s inability to use WALDONET's services, or for any errors or omissions on the part of the USER. 4. Use of any information or software obtained from any source via WALDONET's services is at the USER's own risk. WALDONET specifically denies any responsibility for the accuracy, content, or quality of information or software obtained through its services. 5. WALDONET is absolutely not responsible for USER's personal files residing on WALDONET's systems, including but not limited to Electronic Mail, FTP area or web sites. The USER is solely responsible to ensure independent backup of any data stored on Waldonet’s systems. Waldonet shall in no manner be bound to provide any form of backup. 6. The service may only be used for lawful purposes. USER agrees to use WALDONET's services in a manner consistent with any and all applicable laws. Transmission or reception of any material in violation of any laws or regulation is prohibited. USER agrees that any material submitted, transmitted or received, in whatsoever manner, on this service through the USER's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, nor shall it contain anything legally judged to be threatening, obscene, or libellous, nor shall it contain any material that is classified as confidential or of a secret nature by the Maltese or other Governments. USER agrees to indemnify and hold harmless WALDONET from any claims resulting from USER's use or misuse of the service that damages the USER or another party. 7. Any action by a USER that, in WALDONET's sole opinion, restricts or inhibits other clients from using and enjoying the services offered by WALDONET (such as but not limited to the use of vulgar language; committing, or discussing with the intention to commit, illegal activities), is strictly prohibited. Publication, transmission, reception, data exchange, mail posting, news posting, news reading or any other form of transfer of data, material, information or software in violation of any law is prohibited and is a breach of the Service Agreement. The USER specifically agrees not to download, upload, post or reproduce in any way any materials protected by copyright without the permission of the copyright owner. 8. Individual user accounts are not permitted to establish multiple simultaneous connections unless previously agreed to in writing by Waldonet. 9. Advertising is not considered to be an "acceptable use" of the Service. This does not mean that the USER cannot promote products and/or services through the Service; but it definitely DOES mean that the USER should NOT distribute or broadcast this information through the Service to people who do not want to receive it. Violation of this acceptable use policy will very likely have just the opposite effect of the USER's intent. Spam mail in particular is strictly prohibited. WALDONET reserves the right to suspend or cancel without prior notice the service of anyone who, in the opinion of WALDONET, violates this policy. 10. Any access to other networks through this service must comply with the rules appropriate for that other network. USER agrees to comply with the Service Agreement and/or Acceptable Use Policy of any network that the USER connects to. 11. Any attempt on the part of the USER to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of WALDONET or of any computer system or network that is accessed via WALDONET's Service, will result in the immediate suspension without prior notice of the USER's services. These unauthorized activities include, but are not limited to: guessing at or using passwords other than the USER's own, sharing USER's own password(s) and account(s) with others not authorized by WALDONET to use said password(s) and account(s), accessing or attempting to access information that does not have public access permissions, and accessing any computer system on which the USER or the public are prohibited from accessing. 12. The benefits of and/or rights conferred by this agreement are non-transferable. Use of USER's account/s is expressly limited to the individual whose name appears on the account and dependants of the account holder living at the same address. 13. USER is exclusively responsible for all of USER's account(s) and confidentiality of passwords. WALDONET will suspend access or change access to USER's account(s) immediately upon notification to Waldonet advising Waldonet that the USER’s password has been lost, stolen, or otherwise compromised. WALDONET shall in no manner be responsible for the utilisation of USER’s passwords by third parties. Waldonet shall only change User’s password or access rights upon receipt by Waldonet of instructions to that effect by User received in writing or by Electronic Mail (provided that the E Mail originates from the specific User’s account). Waldonet shall be entitled to charge a service fee for implementing User’s instructions to this effect. User shall at all times provide Waldonet with any identification information Waldonet may so request. 14. USER is solely and exclusively responsible for all telephone charges howsoever incurred while connecting to WALDONET's services. 15. USER shall pre-pay for access to and/or use of this service at the current rates that are published online by WALDONET at the time that pre-payment is made. 16. Users whose bills for the utilisation of the Service remain unpaid after due date may have their service interrupted without prior notice. If cheques emitted by USER are not honoured, Waldonet shall charge USER an administrative processing charge. Service interruption does not relieve the USER from the obligation to pay any outstanding charges and penalties. Interrupted services may be resumed upon receipt of full payment within the invoice period, and with full payment plus the appropriate re-connect charge thereafter. Interest at the highest rate permitted by law shall be charged on any amount remaining unpaid when due. Waldonet shall be entitled, and User accepts, to publish User’s details in any form or manner in the event that User is in default of effecting any payment owed to Waldonet punctually when due. 17. In the event that USER intends to discontinue the utilisation of the Service or any other service provided by Waldonet, including but not limited to Websave or ADSL, shall advise Waldonet at least fifteen (15) days prior to termination. USER shall so advise Waldonet by Electronic Mail, and the notification shall only be deemed to be effective upon receipt by USER of Waldonet’s formal acknowledgement. 18. During a particular contract period, WALDONET reserves the right to deny requests by USER to change from one service to another offered by WALDONET. 19. WALDONET reserves the right to change at any moment in time to alter its services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered. 20. WALDONET reserves the right to delete USER's personal files including but not limited to the home pages and mail, after one or both parties terminate this agreement. 21. WALDONET may at its sole discretion and without prior notice terminate this Service Agreement immediately or suspend USER's access to the service upon any breach of this Service Agreement by USER, including, but not limited to, refusal or failure to pay for any services provided by Waldonet to USER. 22. WALDONET may modify these terms and conditions upon notice published online via the WALDONET web site and E Mail notification to the USER at the WALDONET provided E Mail box. The new terms and conditions will come into force within 30 days of publication. Should the changes made to the Terms and Conditions be of material impact on the service provided, the USER has a right to request cancellation of service during the 30 day period and a pro-rata refund for any unused portion of the service will be issued by WALDONET. 23. If any one or more paragraphs in this agreement is found to be unenforceable or invalid, USER's and WALDONET's agreement on all other paragraphs shall remain valid. 24. USER and Waldonet shall also be bound by all the applicable laws and regulations of Malta including any directives issued from time to time by the Malta Communications Authority. It shall be the duty of both USER and WALDONET to ensure that they are always thoroughly updated with all relevant laws and regulations. 25. Waldonet shall in all instances also be bound by the Internet Service Providers Code of Practice. 26. This agreement shall be governed by the laws of the Republic of Malta. 27. These terms and conditions supersede any and all previous representations, understandings, or agreements, both verbal or in writing, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. No verbal agreements shall apply by and between the parties. 28. Use of this service constitutes acceptance of these terms and conditions and USER agrees to abide by the terms and conditions contained therein. 29. In the event that any provision of the Service Agreement conflicts with the laws under which the Service Agreement are to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to the Service Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect. 30. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Service Agreement or to exercise any right under the Service Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. 31. In the event that USER subscribes to a web hosting or FTP service, WALDONET will provide File Transfer Protocol facility to enable USER to update the web pages remotely. The free Web Page Space provided will be of a personal nature unless otherwise contracted. Business pages will be charged. USER will use this service and space until the subscription is paid. USER is to keep under strict control the Login and FTP passwords given by WALDONET. Should USER feel that the security of the passwords has been compromised in any way, USER should inform WALDONET immediately and WALDONET will replace the password. USER is bound to use the email address showing that the service is being offered on a WALDONET server (example: abc@waldonet.net.mt). This free space is being offered free of charge and this offer may be terminated at any time by WALDONET without giving any advance notice. WALDONET is under no obligation to keep any backup of any information stored by a USER on his/her FTP area, whether this information is of a personal or commercial nature. 32. The User may receive any amount of email messages, provided that the email is stored at the User's Mail Server. For those users who do not have their own mail server and intend to keep their email messages stored on the WALDONET Mail Server, the following rules apply: Maximum message size is 10Mb. Total mail stored at any one time is not to exceed 20 Mb. Messages that cause either one of these parameters to be exceeded will not be accepted by our mail server. The User is responsible to remove the mail received immediately from the WALDONET Mail Server. WALDONET will make every effort to ensure that all Mail is kept in a secure way and to use a reliable Mail Server. However WALDONET does not give any guarantees or warranties regarding the integrity or security of the stored Mail or any other kind of electronic information stored on the Internet Servers. The User must ensure to retrieve and delete from the WALDONET Mail Server any mail he receives and which he considers important. USER will use this service and space until the subscription is paid. On expiration of the paid subscription, WALDONET may delete all mail for that login without further notice. When the Subscription expires, the Login Name will become available for any new user who may choose to use the same Login Name. 32. The User may receive any amount of email messages, provided that the email is stored at the User's Mail Server. For those users who do not have their own mail server and intend to keep their email messages stored on the WALDONET Mail Server, the following rules apply: Maximum message size is 10Mb. Total mail stored at any one time is not to exceed 20 Mb. Messages that cause either one of these parameters to be exceeded will not be accepted by our mail server. The User is responsible to remove the mail received immediately from the WALDONET Mail Server. WALDONET will make every effort to ensure that all Mail is kept in a secure way and to use a reliable Mail Server. However WALDONET does not give any guarantees or warranties regarding the integrity or security of the stored Mail or any other kind of electronic information stored on the Internet Servers. The User must ensure to retrieve and delete from the WALDONET Mail Server any mail he receives and which he considers important. USER will use this service and space until the subscription is paid. On expiration of the paid subscription, WALDONET may delete all mail for that login without further notice. When the Subscription expires, the Login Name will become available for any new user who may choose to use the same Login Name. 33. Payments for services and products purchased are non-refundable. Any requests for refunds are to be immediately lodged in writing to Waldonet Ltd, highlighting the full details of any request for refund. Without prejudice, Waldonet will review the request and may on a case by case basis provide a refund at the sole discretion of Waldonet Ltd. 34. Insofar as the information that you provide us with when you apply for Waldonet services constitutes personal data for the purposes of the Data Protection Act 2001, we shall only process such data in the manner and for the purposes stated in the following clause. By clicking the “I accept” button at the end of the online Waldonet application forms you consent to such processing. When registering for Waldonet services, we retain your name, contact and address details, and if applicable VAT registration number, for logging and invoicing purposes. At no time will these details be passed on to or shared with third parties for whatever reason, including unwarranted advertising, survey and data collection purposes. We also keep data relevant to consumption of the service for billing purposes. This is kept in line with guidelines issued by the relevant authorities.

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