All contracts for the provision of services made by or on behalf of Zetnet Limited and its subsidiary companies are subject to the following Conditions:

1. DEFINITIONS

In these Conditions "Agreement" means this agreement for the provision of the Services by Zetnet; "Customer" means the person named in the Schedule; "Customer Apparatus" means any apparatus situated at the Customer's Premises, including any hardware and software used by the Customer in order to obtain the Services; "Customer Premises" means the premises of the Customer identified in the Schedule; "Services Commencement Date" means the date Zetnet advises the Customer that the Services are available; "The Schedule" means the customer order form annexed to these terms and conditions.

2. DURATION

This agreement shall come into effect on the Service Commencement Date and shall continue thereafter indefinitely unless earlier terminated pursuant to these Conditions.

3. CHARGES

• Subscription charges shall be paid in advance without set off or deduction by direct debit or credit card or Bank Standing Order. Such payments shall be non refundable.
• Where we allow payment on invoice, payment is due strictly 30 days after the invoice is issued.
• All charges payable by the Customer are exclusive of Value Added Tax, duties or any other relevant sales tax for which the Customer shall be additionally liable to Zetnet Limited.
• The Customer shall not be entitled to any reduction in charges in the event it does not use all or any part of the Services made available under this Agreement.
• Zetnet reserves the right to amend these terms and conditions from time to time without notice. Notwithstanding the foregoing, Zetnet shall endeavour to give the Customer at least one month's notice by e-mail of such variation. Where Zetnet sends such an e-mail to the last known e-mail address of the customer, the customer shall be deemed to have received notice of such variation. The continued use of the service by the customer after Zetnet has issued the e-Mail shall be taken to mean that the customer explicitly consents to the change in these terms and conditions.
• Zetnet reserves the right to charge interest on late payments from the date due at the rate of 6% above the base rate of Barclays Bank plc in force from time to time.

4. SERVICES

• Zetnet shall provide the Services to the Customer throughout the period of this Agreement. The customer shall adhere to these conditions of use. Zetnet Limited reserves the right to suspend or cancel any account at its sole discretion in the event that a Customer does not fulfill its obligations under this Agreement.
  
• The customer accepts that Zetnet may suspend the service to the customer based on the receipt of information from any third party entirely at the sole discretion of Zetnet Limited.

5. INFORMATION & CUSTOMER APPARATUS

• The Customer shall, at its own cost, be responsible for the installation and maintenance of any Customer Apparatus.
  
• The customer will keep all passwords secret and will not disclose them to third parties for any purpose. The customer will notify Zetnet and change any passwords which they believe may have been compromised.
  
• The customer will not procure or attempt to procure the password of any other user of the service.
  
• Zetnet reserves the right to suspend or change any password that it believes may have been compromised.

6. USE

• The Customer shall not knowingly use the Services to receive or transmit material that is obscene, threatening, menacing, offensive, defamatory, in breach of confidence or in breach of copyright or any other third party intellectual property rights or is otherwise contrary to any applicable law or regulation.
• It shall be a breach of the terms and conditions of service for the customer to allow whether knowingly or otherwise the service to be used for the purposes of sending chain letters, bulk unsolicited e-mails, cross postings of news items to unrelated groups, excessive multiple postings of articles to news groups, posting of binary material to non-binary groups or forging e-mail addresses headers or IP addresses.
• If the Customer makes use of the Services in any way which is to the detriment of Zetnet or Zetnet's Customers, Zetnet will reserve the right to suspend the use of the Services. Without prejudice to the foregoing Zetnet Limited considers that any applications which make excessive use of the Services to the detriment of Zetnet are expressly prohibited.
• The use of space on Zetnet's Web servers is expressly covered by a separate Acceptable Use Policy (AUP) which is deemed to be part of this Agreement. Up to date copies of the Conditions of Use and the Acceptable User Policy are available on Zetnet's homepage.

7. LIMITATION OF LIABILITY AND INDEMNITY

• The Customer acknowledges that Zetnet is unable to exercise control over the content of information passed using the Services and Zetnet hereby excludes liability of any kind arising as a result of the transmission or reception of any information of whatever nature. Zetnet accepts no liability for any use the customer makes of the services, for any charges that the customer may incur with any third party.
• Zetnet has no obligation, duty or liability in contract, tort, or breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
• In any event in no circumstance shall Zetnet be liable in contract, tort (including negligence or breach of statutory duty), or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatever.
• The Service is not fault free and the Customer shall be entitled only to the quality of service provided by Zetnet. Zetnet will use all reasonable endeavours to maintain services, but Zetnet reserves the right to suspend the service for operational reasons in the interests of improving or protecting the service or Zetnet. The Customer will not be eligible for any compensation because they cannot use the service or because of a failure, suspension or withdrawal of all or part of the service. Zetnet reserve the right to change the service at any time.
• Zetnet accept no liability for failure of Internet Services run by Domain Name Registrars, or Key Word and Search Engine providers, to provide adequate or any service.
• If the Service is to be provided by a date specified by the Customer or Zetnet such date shall be treated as an estimate and Zetnet does not accept any liability for failure to meet the date.
• Zetnet Limited shall not be liable for any loss or damage whatsoever caused by any failure to perform any obligations under this contract if such failure is caused by or attributable to events, acts or omissions beyond its control, including the acts or omissions of other telecommunications providers.
• The Customer shall (without prejudice to the other rights and remedies of Zetnet) indemnify, defend and hold harmless Zetnet in full against all losses, costs, damages, charges, expenses and other liabilities awarded against or incurred by Zetnet as a result of or in connection with any claim made against Zetnet by any third party in respect of use of all or part of the Services by the Customer in contravention of the above conditions.
• The Customer shall promptly inform Zetnet fully of any actual, threatened or suspected claims or proceedings which come to the Customer's notice that use of the Services infringes any of the matters specified in Condition 6.1 above. Where the Customer has notified Zetnet under this Condition, Zetnet shall take such action as it deems reasonable. The Customer undertakes with Zetnet that it will, at the request of Zetnet, do all such things as may be reasonably required to assist Zetnet in defending or resisting any proceedings.
• The provisions of this Condition 7 shall survive termination of the Agreement.
• The customer shall indemnify Zetnet without limitation of liability in respect of loss or damage (howsoever caused) suffered by the Zetnet Group through the breach of these conditions of use. The customer will also meet Zetnet legal costs in respect of pursuing or defending any action resulting from a breach of the conditions of use.