LINEONE TERMS & CONDITIONS This document describes the terms and conditions under which you may use the LineOne service. Please read these carefully before proceeding with your registration. 1.INTERPRETATION 1.1 In this agreement the following meanings shall apply: "We" and "us" means Springboard Internet Services Limited trading as LineOne; "You" means the customer we make the Contract with and includes any person who we reasonably believe is acting with the customer's authority or knowledge; "Content" means information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including the Users' Material; "Contract" means the agreement between us and you for the provision of the Service incorporating the Terms, the LineOne Rule Book, the Price List and the registration form displayed and completed on-line; "Help Centre" means the Service help desks, details of which will be provided; "Minimum Period" means the period you select from the Price List during on-line registration of Service" for the Service "Price List" means the schedule of subscription fees and transaction charges for the Service which we publish on-line from time to time and all explanations, notes and conditions included in it; "Service" means the on-line information, entertainment, communication and transaction service provided by us; "LineOne Rule Book" means the detailed user rules and guidance (as amended from time to time) available on the Service setting out how the Service or any part of it may be used; "Main Account" means the facility extended under this Contract allowing you an individual right of access to the Service; "Sub-Account" means the facility extended under this Contract to immediate members of your family resident in your household allowing them an individual right of access to the Service; "Terms" means these terms and conditions; and "Users' Material" means any material appearing on the Service which has originated from users of the Service. 1.2 These Terms, the Price List, the LineOne Rule Book and the registration form displayed and completed on-line set out the entire agreement between you and us for the provision of the Service. To the extent there is any conflict or inconsistency between them these Terms shall prevail. 2. PROVISION OF THE SERVICE 2.1 We agree to provide you with the Service in accordance with the terms and conditions of the Contract. 2.2 We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by telephone, e-mail or in writing to the Help Centre. 2.3 The Service is accessed via a telecommunications dial-up-connection. You are responsible for the provision of and payment for telecommunication services necessary for connection to the Service. This Contract does not include the provision of telecommunication services necessary for connection to the Service. 2.4 You are responsible for providing a suitable PC, modem and any other items of hardware or communications equipment necessary to enable you to access the Service. 2.5 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable. We will restore the Service as soon as reasonably practicable after temporary suspension. 2.6 We may vary the technical specification of the Service from time to time. 3. MINIMUM PERIOD OF SERVICE The Minimum Period of Service begins from the day you complete the on-line registration process and enter into this Contract with us. 4. CHARGES 4.1 You agree to pay all charges for the Service as specified in the Price List. 4.2 Subscription fees are payable in advance and transaction charges are payable in arrears as specified in the Price List. Unless we notify you to the contrary, liability for charges will start from the day on which you register on-line and the Service is made available. 4.3 Unless the Price List provides otherwise, all charges for the Service are inclusive ofValue Added Tax which you must also pay to us. 4.4 You agree to pay for the Service by the method of payment which you choose when you register on-line. You authorise us to charge to your chosen account all charges for the Service as specified in the Price List. 4.5 We reserve the right to vary any of the charges for the Service at any time but we will give you 14 days notice before the new charges become effective. 5. SECURITY 5.1 In order to register for the Service and set up a Main Account you must be, and you represent and warrant that you are, at least 18 years of age. Sub-Accounts may only be set-up by a Main Account holder. 5.2 You are responsible for ensuring that no unauthorised access is obtained to the Service through your Main Account or any of your Sub-Accounts. You will be entirely liable for all activities conducted and charges incurred through your Main Account or any of your Sub-Accounts, whether authorised by you or not. 5.3 In order to access the Service you will be required to create a unique security code, password and username ("Passwords"). You will select your own security code and passwords for you and each Sub-Account holder. We will suggest appropriate usernames for you and each Sub-Account holder and, although you may prefer to select alternative usernames, we reserve the right at our sole discretion whether or not to issue any username to you. You are responsible for the security and proper use of all these Passwords and must take all necessary steps to ensure that all these Passwords are kept confidential, used properly and not disclosed to unauthorised people. 5.4 You must inform us immediately if you have any reason to believe that any Password has become known to someone not authorised to use it or if any Password is being or is likely to be used in an unauthorised way. 5.5 If we have reason to believe that there is likely to be a breach of security or misuse of the Service we may change any or all of your Passwords and notify you accordingly. 5.6 If you forget any Password, by contacting the Help Centre by telephone and satisfying the security checks we operate, you, will be given a new Password to enable you to use the Service. You may change your Passwords and registration details (other than payment methods) on-line at any time. Each Sub-Account holder may also change their password but not their username or any other registration details set by you. 5.7 You confirm and warrant that all the information supplied by you when you register on-line for the Service is true, complete and accurate in all respects and you agree to notify us immediately of any changes to that information. The intelligent agent software used in the Service will be able to build up a profile of your interests and preferences and this may be used to target the Service more effectively. 6. USE OF THE SERVICE 6.1 The Service enables access to Content which may be protected by copyright, trade mark and any other relevant proprietary (including intellectual property) rights ("Rights"). You shall use, and ensure your Sub-Account holders use, the Service and the Content for private and personal use only and not for any commercial purposes ("Approved Use") and comply with all other instructions regarding use of the Service and the Content in the LineOne Rule Book. Unless otherwise allowed by specific provisions for particular parts of the Content in the LineOne Rule Book, you shall not, you shall ensure that your Sub-Account holders shall not, and you shall not permit anyone else to, copy, store, modify, transmit, distribute, broadcast, or publish any part of the Content other than when this is reasonably necessary for the normal delivery of the Service or for Approved Use of the Content in accordance with the terms of the Contract. 6.2 You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services. 6.3 We do not engage in the screening of Users' Material. We shall be entitled, but shall be under no obligation to, remove any Users' Material at any time at our sole discretion. 6.4 You agree to use, and to ensure that your Sub-Account holders use, the Service for lawful purposes only, and in a manner which does not infringe the Rights of, or restrict or inhibit use or enjoyment of the Service by any other persons and in accordance with the LineOne Rule Book. The Service must not be used: (a) fraudulently or in connection with a criminal offence; (b) to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of any Rights or otherwise unlawful; (c) to cause annoyance, inconvenience or needless anxiety; or (d) to send commercial advertising or promotional material. 6.5 When any Users' Material is submitted to the Service through your Main Account or any of your Sub-Accounts you automatically grant (and warrant that you are authorised and entitled to grant) to us and to all other users of the Service a royalty free, irrevocable, non-exclusive, worldwide licence to do all such acts as the proprietor of the Rights in the Users' Material may do. 6.6 If anyone uses your Main Account or any of your Sub-Accounts with or without your knowledge or approval in contravention of any of paragraphs 6.1 - 6.5 inclusive we can treat that contravention as a breach by you of the Contract for the purposes of paragraph 8. 6.7 You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you or any of your Sub-Account holders relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing. 6.8 If we suspend the Service for contravention of any of paragraphs 6.1 - 6.5 inclusive, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention. 6.9 You warrant that you will, and you will ensure that your Sub-Account holders will, comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which relate to the provision of the Service or the Content and which apply to you or of which we inform you. 7. INTERNET 7.1 The Service enables access to the Internet, which is independent of the Service and us. Your use of the Internet is solely at your own risk and subject to all applicable national and international laws and regulations. We have no responsibility for any information or service obtained by you on the Internet. However, all the provisions relating to your use of the Service in paragraph 6 above shall apply to your use of the Internet. 7.2 Any Web pages, or other material accessible by third parties through the Internet and which we agree to host for you will be treated as Users' Material, and the provisions in paragraph 6 shall, where appropriate, apply to such material. We reserve the right to make the hosting of material subject to additional conditions and, in particular, you agree to comply with any content rating scheme which we may apply to hosted material, further details of which will be provided to you. 8. IF YOU BREAK THIS CONTRACT 8.1 In addition to anything else we can do, we can suspend the provision of the Service to you or end this Contract (or both) with immediate effect on giving you notice if: (a) you break any provision of this Contract; or (b) we believe the Service is being used in a manner prohibited under paragraphs 5 or 6, even if you are unaware that the Service is being used in such a way; or (c) any charges for the Service are unpaid or not honoured by your bank or credit card company; or (d) bankruptcy or insolvency proceedings are brought against you or if you do not make any payment under a judgement of a Court on time, or you make an arrangement with your creditors, or (if a company) a receiver or administrator is appointed over any of your assets or you go into liquidation. 8.2 If we end this Contract under paragraph 8.1 you must pay to us all charges which are due for the Service under this Contract, including any unpaid charges for the remainder (if any) of the Minimum Period of Service. 8.3 You will continue to be liable to pay all charges due for the Service during any period in which you fail to comply with this Contract, including for any period when the Service is suspended. 8.4 If we delay in acting upon a breach of this Contract by you, then delay will not be regarded as a waiver of the breach. If we do waive a breach of this Contract by you, that waiver is limited to the particular breach. 9. ENDING THE CONTRACT 9.1 At any time after the provision of the Service has commenced under this Contract or the provision of any service or facility under it may be ended by: (a) 1 month's notice from us to you; or (b) 7 days notice from you to us. 9.2 If we give notice you agree to pay the subscription fees and all transaction charges for the Service up to the expiry of the notice. 9.3 If you give notice you agree to pay: (a) the monthly subscription fee for the Service for the month in which the notice expires; and (b) all transaction charges incurred since your last LineOne statement of account was issued. 9.4 Notice given by you does not avoid any other liability for the Service already provided. 9.5 If we give notice to end the Service under paragraph 9.1 we will repay or credit the appropriate proportion of any charges for the Service which you have paid in advance for a period ending after the notice expires. 10. LIABILITY 10.1 In performing any obligation under this Contract, our duty is only to exercise reasonable care and skill of a competent on-line service provider. 10.2 We accept liability for death or personal injury caused by our negligence. 10.3 Subject to 10.2 we exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. You acknowledge that we have no control over, and we exclude all liability for, the Users' Material or any material on the Internet which can be accessed by using the Service. 10.4 Subject to 10.2 we exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their apparatus. 10.5 We accept no liability for loss whether direct or indirect of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever. 11. INDEMNITY You must indemnify us against any claims or legal proceedings arising from any use of the Service under this Contract (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person. 12. VARIATION OF TERMS AND CONDITIONS We may modify the Contract at any time, such modifications becoming effective immediately upon either posting of the modified Contract on the Service or notification to you. By continuing to use the Service following any such modification you will be deemed to accept such modification. 13. ASSIGNMENT You are not allowed to transfer or attempt to transfer this Contract in whole or in part. The Service is provided solely for your own use and use by immediate members of your family resident in your household with Sub-Accounts. You shall not and you shall ensure that any of your Sub-Account holders shall not re-sell or attempt to re-sell the Service (or any part or facility of it) to any other person. 14. MATTERS BEYOND OUR REASONABLE CONTROL If we cannot do what we have promised in the Contract because of something beyond our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving our employees), we will not be liable for this. 15. GIVING NOTICE Notices given under the Contract may be given by us to you on-line through the Service or in writing and by you to us through the Help Centre or in writing. 16. SOFTWARE In using the Microsoft Explorer browser you agree with us to comply and to ensure that your Sub-Account holders comply with the Microsoft terms and conditions relating to its use. 17. LAW/JURISDICTION This Contract is governed by English Law and you and we submit to the non-exclusive jurisdiction of the English courts.