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  Service Terms of Use

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Plain Communications Limited - Internet Connection Agreement

August 1999

PARTIES:

1. Plain Communications Limited (the Supplier)

2. Account Holder (the Subscriber)

The Supplier agrees to provide the Subscriber with access to the Internet and/or other electronic networking services as subscribed to by the Subscriber on the terms and conditions set out below.

1. Interpretation

Announcements Page refers to the Web page where announcements about current charges and service disruptions are made http://www.plain.co.nz/announce/.

Acceptable Use Policy - means Plain Communications’ acceptable use policy as described from time to time at http://www.plain.co.nz/policy/.

2.1 As a Subscriber you agree to:

 

(a) Observe Acceptable Use Policy in relation to the service/s.

(b) Pay the specified subscription and other charges (as notified on the Announcements Page) for the services to which you subscribe.

(c) Pay all charges incurred by the accounts you have subscribed to, within 7 days of receipt of invoice. Services will normally be suspended if you have more than 1 invoice outstanding. A suspended service will attract a $15.00+GST reconnection fee.

(d) Inform the Supplier in writing giving 30 days notice, that your account is no longer required. You agree that until this is done, you are responsible for anything done with the services to which you have subscribed, and any charges incurred through the use of those services are payable by you.

(e) Be responsible for the security of your account(s). YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL. You agree to change your password(s) when requested to do so by the Supplier. The Subscriber is at all times responsible for any use of the account(s).

(f) Notify the Supplier immediately if the account password is disclosed to any third party, or if he becomes aware of, or suspects, any irregular account activity.

(g) Properly notify the Supplier of any change of address or contact details.

(h) Remove your email from the mail server as soon as is reasonably possible to keep the space used by your files on the system below one megabyte. More space may be used if a special arrangement is made with the Supplier in advance. We reserve the right to remove email data in excess of one megabyte left on the mail server if such prior arrangements have not been made.

(i) Use the Web browser settings nominated by the supplier for all Web and FTP traffic, unless otherwise expressly agreed with the Supplier.

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2.2 As a Subscriber you agree to: observe the laws of New Zealand and not use the services for any illegal or unlawful act including but not limited to the following:

 

(a) Use of the account to transfer any illegal material, and by so doing violate any applicable laws of the particular country.

(b) Use of the account to access, or attempt to access, computers illegally or without permission, or in any way cause or help to cause the security or integrity of the Supplier’s, or any other system, to be compromised;

(c) Distribution of copyrighted material without the permission of the copyright holder.

(d) Violation of import/export restrictions of any country when transferring material.

(e) Posting of commercial advertisements anywhere on the Internet, except in places on Internet specifically intended for that purpose.

(f) Posting of, or otherwise publishing, of any messages that are defamatory or that contravene the Human Rights Act or other applicable legislation.

2.3 As a Subscriber you agree to fully indemnify the Supplier for any and all costs, and/or liabilities that the Supplier may incur as a result of a breach, or attempted breach, by you or your agents of clauses 2.1(a)-(f), and 2.2 herein.

3. Supplier’s Obligations

 

3.1 The Supplier agrees to use its best efforts to provide access to subscribers. All care and effort will be made to see that access is available 24 hours a day PROVIDED HOWEVER that the system will be taken off-line occasionally during low peak traffic for system maintenance.

3.2 On occurrence of a system failure, the Supplier will take all reasonable measures to restore the services offered.

3.3 The Supplier will monitor the system and take all reasonable precautions to ensure system security.

3.4 To the best of its ability the Supplier shall ensure that all electronic mail is delivered.

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4. Exclusion Of Liability

 

4.1 The Supplier does NOT WARRANT that access will be without interruption or errors.

4.2 The Supplier (including its suppliers and resellers) SHALL NOT BE LIABLE to the Subscriber or any third party for any indirect, special, incidental or consequential damages of any character, including, but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages, even if the Supplier shall have been informed of the possibility of such damages or for any claim by any other party.

4.3 The Supplier is NOT required to provide technical support of third party software or hardware.

4.4 The Supplier is NOT responsible for compatibility issues between third party software and hardware and Internet software supplied by the Supplier.

5. Supplier’s Rights

 

5.1 The Supplier reserves the right to:

(a) Refuse any subscription without question.

(b) Terminate a user account for violation of the conditions of the Supply Agreement or for serious or persistent violation of the "Acceptable Use Policy" as described above.

(c) Charge for reconfiguring a subscriber’s account.

(d) Delete the Subscriber’s email if it is not removed from the Supplier’s server after six months duration.

6. Access Charges

 

6.1 The Supplier reserves the right to change access charges from time to time.

6.2 Access charges do not include connection software. Software that is provided by the Supplier to enable access, remains the property of the software owners. The Subscriber is responsible for any fees or donations payable to the software owner(s).

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7. Payment & Collections

 

7.1 Where ongoing payments are by credit card, the Subscriber expressly authorises the Supplier to hold credit card details and lodge payment authorisation requests in respect of the ongoing monthly charges.

7.2 Should payments be overdue then interest on the overdue sum shall be payable at the rate of 2% per month and shall continue to be payable following judgment until the debt is paid in full. The Supplier may recover all actual costs from the Subscriber arising from or in relation to the collection of overdue monies.

7.3 Should any overdue debt be rightfully referred to a collection agency, then the agency fee will be recoverable in full from the Subscriber.

8. Term

 

8.1 The Subscriber may terminate this agreement at any time by giving one months’ notice of termination.

8.2 The Supplier may terminate this agreement immediately, if the Subscriber is in breach of the terms and conditions of supply.

9. Amendments

 

9.1 The Supplier may amend this agreement by giving one month’s notice of new terms and conditions. The updated version will be a World Wide Web document present at: http://www.plain.co.nz/terms/

10. Notices

 

10.1 Written notice shall include email, fax, Web Site Notice and/or surface mail to the last known address of the other party. Notices shall be deemed to have been received two (2) days after posting.

11. Law

 

11.1 This agreement shall be governed by New Zealand law.

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