Copyright 1996-1999 TCCL. This agreement and attached appendices is a Copyright of Tabone Computer Centre Limited. All rights reserved. No part of this document may be reproduced, photocopied or transmitted without the express prior written consent of Tabone Computer Centre Limited. Service Agreement to cover various services associated with the Internet offered by the operators of this service, Tabone Computer Centre Limited, hereby referred to as ‘TCCL’. This service includes but is not limited to: global.net.mt, satellite.net.mt, alpha.net.mt and shopping.net.mt. The attached Appendices form an integral part of this agreement. TCCL agrees to provide and User agrees to receive access to TCCL's services according to the following Terms and Conditions: 1. TCCL 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 therein. TCCL will not be responsible for any damages USER suffers. 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 TCCL or any of its providers. 2. Neither TCCL nor its information providers are responsible for any damages arising from the USER's inability to use TCCL's services, or for any errors or omissions on the part of the USER. 3. Use of any information or software obtained from any source via TCCL 's services is at the USER's own risk. TCCL specifically denies any responsibility for the accuracy, content, or quality of information or software obtained through its services. 4. TCCL is not responsible for USER's personal files residing on TCCL 's systems. USER is responsible for independent backup of his/her data stored on GLOBAL NET 's systems. 5. Electronic mail ("Mail") is a private electronic message sent or received by a client or by TCCL to or from another client or USER of TCCL . TCCL will not intentionally inspect the contents of Mail sent by one client to an identified addressee, or disclose such contents to other than the sender, or an intended recipient, without the consent of the sender or an intended recipient, unless required to do so by law. 6. The service may only be used for lawful purposes. USER agrees to use TCCL '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. Therefore, USER hereby agrees that any material submitted for publication on this service through 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 libelous, 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 TCCL from any claims resulting from USER's use of the service which damages the USER or another party. 7. COPYRIGHTS: TCCL owns and retains the copyright on the material published on their internet site. Except for public domain material, electronic messages and material in message boards, all copyrightable material displayed on, or downloaded from TCCL is copyrighted, and may not be redistributed, transmitted, re-transmitted or copied (other than a single copy for personal use), or published without permission of the copyright owner. All copyright or other proprietary rights notices contained in or associated with this system, and any information or software contained therein must be preserved in, or on, any copies made of such material. The placement of copyrighted material in any public posting area, or software library of this system without the consent of the copyright owner is in violation of the law and the Service Agreement. 8. Information regarding a USER's credit card number(s), bank account number(s) which the USER supplies to TCCL shall only be used or disclosed for the purposes for which such information was collected, or if it is required by the Credit Card Clearing house/bank or by a court order. USER's addresses, phone numbers and other relevant information may be provided to information providers, service providers and merchants. 9. Any action by a USER that, in TCCL's sole opinion, restricts or inhibits other clients from using and enjoying the services offered by TCCL (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 upload, post or reproduce in any way any materials protected by copyright without the permission of the copyright owner. 10. The USER specifically agrees to indemnify TCCL for any losses, costs, or damages, including reasonable attorneys' fees incurred by TCCL and relating to, or arising out of any breach of section 9 above (Online Conduct) by the USER. 11. Individual user accounts are not permitted to establish multiple simultaneous sessions. 12. Netiquette: There is a certain etiquette ("netiquette") USER should observe when using Internet services. Please avoid retrieving many large files during the working hours of the day. If USER is getting things unrelated to work (such as game software etc.) please do it during the evening or weekend. Graphics files, whether downloaded or just viewed, tend to be extremely large. Unless USER is an experienced Internet USER, be aware that "newbies" (inexperienced USERs) are often received less than kindly if they exhibit inappropriate behavior. It is STRONGLY recommended that, when exploring new areas, USER spends some time "lurking" (reading, without providing any input) before USER risks getting "flamed" for asking stupid questions. As the USER can see, there is a whole language that may be unfamiliar to the USER, and the best way to learn is to read the "FAQs" (Frequently Asked Question), which the USER will find in nearly all of the areas the USER is likely to explore. 13. Advertising: Advertising is not considered to be an "acceptable use" of the Internet. This does not mean that the USER can not promote products and/or services on the network; but it definitely DOES mean that the USER should NOT distribute or broadcast this information on the network 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. TCCL reserves the right to suspend or cancel the service of anyone who, in the opinion of TCCL violates this policy. 14. 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. 15. 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 TCCL or of any computer system or network that is accessed via TCCL 's communications services, will result in the immediate suspension 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 TCCL 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 is not welcome. 16. 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. 17. USER is responsible for all of USER's account(s) and confidentiality of passwords. TCCL will suspend access or change access to USER's account(s) immediately upon notification by USER that his/her password has been lost, stolen, or otherwise compromised. 18. USER is responsible for all telephone charges incurred while connecting to TCCL 's services. 19. USER shall pre-pay for access to and/or use of this service at the current rates that are published online by TCCL at the time that pre-payment is made. Online rates are incorporated into this agreement by reference as though the published rates were set out in this agreement. 20. All monthly payments are due on the first day of the month. Accounts with bills remaining unpaid seven (7) days after due date are subject to a Lm5.00 late charge, and may have their service interrupted. If payment is returned unpaid or rejected by the USER's bank, service will be interrupted and the USER will be assessed a penalty equivalent to a month's 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. 21. TCCL reserves the right to accept or deny requests by USER to change from one service to another offered by TCCL. If the request is accepted there will be a charge of Lm3.00 for reconnection and for changes between different subscription options. 22. Service is invoiced monthly and may be cancelled in writing. Cancellations have to reach TCCL at least 15 days before the expiry. Month-to-month USERs shall be initially charged at the current published rate at the time of the prepayment. Thereafter, monthly USERs shall be charged at the rate published for at least 20 days prior to the payment becoming due. 23. TCCL reserves the right to change its services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered. 24. TCCL reserves the right in its sole discretion to edit or delete any publicly viewable information entered into TCCL 's systems from any source. TCCL and its authorized representatives shall have the right, but shall not be obliged, to edit or delete publicly viewable information. 25. TCCL 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. 26. TCCL at its sole business judgement, may 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 services provided. 27. TCCL may modify these terms and conditions upon notice published online via the TCCL web site. USER's use of the service after such notice shall constitute USER's acceptance of the modification to this agreement. 28. Non-enforcement of any section of this agreement does not constitute consent and TCCL reserves the right to enforce this agreement. If any one or more paragraphs in this agreement is found to be unenforceable or invalid, USER's and TCCL's agreement on all other paragraphs shall remain valid. 29. This agreement shall be governed by the laws of the Republic of Malta. 30. These terms and conditions supercede any and all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. 31. Use of this service constitutes acceptance of these terms and conditions and USER agrees to abide by the terms and conditions contained therein. 32. 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. 33. 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. --------------------------------------------------- Appendix A Additional clauses for Users using the FTP service: This agreement is an extension to the TCCL Service Agreement. TCCL will provide File Transfer Protocol facility to enable USER to update the web pages remotely, in the intervals USER requires and not more than once every 3 days. The free Web Page Space provided is of 1MB and will be of a personal nature. 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 TCCL. Should USER feel that the security of the passwords has been compromised in any way, USER should inform TCCL immediately and TCCL will replace the passwords at a charge. USER is not allowed to redirect internet traffic to other Internet Service Providers and USER is bound to use the email address showing that the service is being offered on a TCCL server (example: abc@mail.global.net.mt). This free space is being offered free of charge and this offer may be terminated at any time by TCCL without giving any advance notice. This agreement is an extension to the TCCL Service Agreement. This agreement is valid for all the Internet Services offered by TCCL. --------------------------------------------------- Appendix B Additional Clauses Users using the TCCL Mail Storage Service: This agreement is an extension to the TCCL service Agreement. 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 TCCL Mail Server, the following rules apply: Total email size accepted is of 5MB. The Mail Storage is also of 5MB. Any single Mail exceeding 4.5MB or if the total size of the Mail exceeds 5MB, no more messages will be accepted will be accepted by the TCCL Mail Server and the sender will be notified that the mail was not delivered. The User is responsible to remove the mail received immediately from the TCCL Mail Server. TCCL will make every effort to ensure that all Mail is kept in a secure way and to use a reliable Mail Server. However TCCL 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 TCCL 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, TCCL may delete all data without further notice, including mail and web pages, stored under that subscription. When the Subscription expires, the Login Name will become available for any new user who may choose to use the same Login Name. The USER is to keep under strict control the passwords given by TCCL. Should USER feels that the security of the passwords has been compromised in any way, the USER should inform TCCL immediately and TCCL will replace the passwords at a charge. USER is responsible to ensure that all mail sent using the service, shows the full and correct email address of the USER as provided by TCCL. (example: user@mail.global.net.mt) This service is being offered free of charge and this offer may be terminated at any time by TCCL without giving any advance notice. This agreement is an extension to the TCCL Service Agreement. This agreement is valid for all the Internet Services offered by TCCL. ---------------------------------------------------- Appendix C Additional Clauses for Internet-Shop-Operators, hereby referred to as ISO, doing business on the Internet Site, including but not limited to  www.shopping.net.mt: This agreement is an extension to the TCCL service Agreement. These clauses are an addition to all the clauses in the above Agreement and Appendices: All www domains registered by TCCL and subdomains including www.shopping.net.mt are a trademark of TCCL and are fully owned by TCCL. By including the name of the shop under the domain www.shopping.net.mt as a subdomain, TCCL retains full rights to the name and does not transfer to the ISO in any way, any part of the title or ownership of www.shopping.net.mt and/or its subdomains. TCCL grants and the ISO accepts to place products on display and offer products and/or services for sale at the domain and subdomains of  www.shopping.net.mtduring the period when this agreement is in force. The ISO binds himself to pay all subscription fees and any other charges in form of transaction charges or percentage on sales amount made over this internet system to TCCL within 30 days of becoming due. The subscriptions and transaction charges would be those signed on a separate document and only the chargable amounts in the document form an integral part of this agreement and appendices. Any other changes in conditions of this agreement have to be in the form of an attached appendix and signed by TCCL and the ISO with the specific clause stating that the service agreement is being changed by the additional clauses. ISO is not allowed to directly or indirectly encourage customers not to use this system, but on the contrary, the ISO should do its best efforts to promote the use of this system. If ISO finds any problems related to the operation of the system, the ISO should inform TCCL immediately and TCCL will do their utmost to solve these issues in a reasonable time. ‘Shopkeeper Software’ Licence: By using the Shopkeeper Software, the ISO hereby accepts the following License Agreement. Software Ownership: The ISO acknowledges and agrees that the computer program(s) and associated documentation contained with the Shopkeeper Software are owned exclusively by TCCL. The Software contained in the package is protected under copyright laws and all copyright and other intellectual property rights relating to the Software are and remain the exclusive property of TCCL. TCCL grants to the ISO, and the ISO accepts, a limited, non-exclusive and revocable license to use the Software. The ISO agrees to use the Software in machine-readable object code form only as authorized in this License Agreement. This License Agreement does not convey any title or interest in the Software to the ISO. Scope of License The ISO may not make any changes or modifications to the Software, and the ISO may not decompile, disassemble, or otherwise reverse engineer the Software. The ISO may not load, rent, lease or sublicense the Software or any copy to others for any purpose. The ISO agrees to use reasonable efforts to protect the Software from unauthorized use, modifications, reproduction, distribution and publication. The ISO is not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement. The ISO’s adherence to this License Agreement will allow TCCL to continue developing innovative and useful products and providing a high level of customer service and support. If the ISO do not comply with the terms of this License Agreement, the ISO’s license will be revoked. The Licence is valid for the time when TCCL offers the services to ISO. When TCCL stops offering the service to ISO, ISO is bound to return the material to TCCL and to delete or destroy all copies of this software. Updates: To see availability of software updates, visit the www.support.shopping.net.mt web site. Trademarks: Shopkeeper Software and the associated logo(s) are trademarks. All images, photographs, animations, audio, video and text incorporated into the Software is owned by TCCL, unless otherwise noted by Trademark. Limitations of Liability and Remedies: In no event shall TCCL be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential or other damage, even if TCCL Software, are advised, in advance, or the possibility of such damages. TCCL entire liability and the ISO’s exclusive remedy shall be, at TCCL’s option, either (a) return of the price paid, or (b) repair or replacement of the Software. To the maximum extent permitted by applicable law, TCCL disclaim all other warranties, either express or implied, including but not limited to, implied warranties with regard to the Software, the accompanying material. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication Should the ISO have any questions concerning this license agreement, please contact Tabone Computer Centre Limited at 111 Old Railway Track St Venera Malta. Advertizing: TCCL reserves the right to make any advertizing and promotions on any media to encourage users to use this shopping system. TCCL also reserves the right to change, modify or enhance the format and/or functionality of the shopkeeper software and web site including the additional or removal of advertizing space from the web and shopping sites. TCCL can display advertizing material on the shopping.net.mt site in the form of banners or in any other form. This advertizing can be displayed in any page hosted on the web sites of TCCL including but not limited to www.YOUR WEB/SHOPPING SITE.shopping.net.mt. Advertizing costs and space availability to the ISO are not covered by this agreement and if the ISO requires to advertize his products or services, then a separate advertizing agreement and relative charges have to be discussed and covered by a separate contract. TCCL may decide to do advertizing without requesting the authorization from the ISO provided that the ISO is not charged any advertizing fees for these adverts. TCCL will decide on the availability and allocation of the advertizing space. Products: All Products & Services offered for Sales on this service must be of standards approved by CE or equivalent high standards. Products offered for sale have to portray a high quality image of the product or service offered. The ISO takes responsibility to update the products on a regular basis and that none of the items would be offensive to any person, corporation, companies or any other sectors of society. TCCL reserves the right to remove any products which in TCCL’s own opinion would not be fit for display or sale on this system. Continuous breach of this condition may lead TCCL to disable the access of the ISO to the system or to the complete removal and deletion of part or of all products or services offered. In this event, TCCL would not be held liable for any direct or indirect damages or loss of business which may result from this action. Litigation between ISO and customer: TCCL will not form part nor enter into any litigation or legal cases nor be liable for any refunds which may arise from a sale made by the ISO to a consumer. However TCCL will provide computer-printed proof of any transactions which would take place provided that a request for this is made within 4 weeks from the date the transaction took place. This request can be made either by the ISO or the consumer by submitting a request in writing to TCCL giving full and concise details of the transaction time, date and value of the payment. Prices of products displayed and/or offered for sale: The ISO hereby warrants that the prices of all products offered on this system are fair and not inflated. Licences, Taxes and duties: The ISO is responsible to obtain the necessary trading licences and to pay all relevant taxes and duties relevant to the sales of products to the relevant authorities. The Internet Service Provider Licence is covered by TCCL. Product Warranties: The ISO is responsible for warranties, after-sales service and timely response to render a quality service to the customers who have purchased products or services using this service. TCCL’s Privacy Statement: At no time will TCCL sell or broker any of the information TCCL receive from the ISO to any third parties. TCCL will use the information only its own internal purposes. Secure Shopping: TCCL makes every effort to keep credit card, personal and financial information as secure as possible. 1. The Secure site uses the latest encryption technology, digital certificates, secure commerce servers and authentication to ensure that your personal information is secure online. TCCL holds digital certificates from VeriSign, Inc., a trusted third-party Certification Authority. Digital IDs are useful in electronic commerce because they verify the identity of the parties involved. Making a credit card purchase at TCCL is actually more secure than using your credit card at the local store or restaurant. 2. TCCL uses RSA Laboratories commercial encryption suited for U.S. export (RC4-Export with 40bit secret). What does that mean to you? RSA protects your sensitive communications over the Internet (such as a credit card number) by transforming the data into an unreadable format. Furthermore, TCCL ensures the privacy of the information not only online, but through our back-end systems. If user discovers unauthorized charges on his credit card within 30 days of your purchase, he should Immediately contact his credit card company to report the unauthorized charges. Ask to speak to a representative in the Fraud department. The representative will give you instructions on how to proceed with a claim. For Maximum security and efficiency, the Credit-Card Processing is using the L2 Technology Technology patented by TCCL. ------------------------------------------------------- Appendix D Additional Clauses for Leased-line Internet Operators hereby referred to as LLO, utilizing Internet User Authentication Leased Line System, hereby referred to as LAS. This agreement is an extension to the TCCL service Agreement. These clauses are an addition to all the clauses in the above Agreement and Appendices: Both the USER and all other users who connect to the internet through the leased-line are bound by this service agreement. The LLO is required to inform TCCL immediately if the software installed on the computers connected through the LAS is modified in a way to bypass the LAS system. Bypassing the LAS system constitute a fraud may lead to criminal actions and other actions by TCCL against the LLO to recover financial and consequential damages sustained. The LLO binds himself to pay all charges related to this internet system to TCCL within 30 days of becoming due. The charges would be those signed on a separate document and only the chargable amounts in the document form an integral part of this agreement and appendices. Any other changes in conditions of this agreement have to be in the form of an attached appendix and signed by TCCL and the LLO with the specific clause stating that the service agreement is being changed by the additional clauses. The charges specified on the separate document may include the following items: Leased line charges, maximum bandwidth available to LLO, duration of the agreement, charges for hire of equipment, maintenance, support and other items which may be required to enable the installation of the service. Purchase or lease of any equipment is not covered by this agreement and if any sale is made by TCCL to LLO, this should form part of another sale agreement. The sale agreement is considered to be a completely different contract which is not associated in any way with the rendering of this service even if the equipment may be used to install this LAS. During the period of this agreement, LLO may not connect any network system nor any internet services to the LAS system besides those installed by TCCL. ‘LAS’ System Licence: Ownership of System: The LLO acknowledges and agrees that the complete system and associated documentation contained with the LAS are owned exclusively by TCCL. The Patents and Software contained in the package is protected under industrial property and copyright laws. The system, the software and other intellectual property rights relating to the system including the patents and software are and remain the exclusive property of TCCL. The LLO may not rent-out or lease-out the Software. TCCL grants to the LLO, and the LLO accepts, a limited, non-exclusive and revocable license to use the Software. The LLO agrees to use the Software in machine-readable object code form only as authorized in this License Agreement. This License Agreement does not convey any title or interest in the Software to the LLO. Scope of License The LLO may not make any changes or modifications to the Software, and the LLO may not decompile, disassemble, or otherwise reverse engineer the Software. The LLO may not load, rent, lease or sublicense the Software or any copy to others for any purpose. The LLO agree to use reasonable efforts to protect the Software from unauthorized use, modifications, reproduction, distribution and publication. The LLO is not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement. The LLO’s adherence to this License Agreement will allow TCCL to continue developing innovative and useful products and providing a high level of customer service and support. If the LLO do not comply with the terms of this License Agreement, the LLO’s license will be revoked. The Licence is valid for the time when TCCL offers the services to LLO. When TCCL stops offering the service to LLO, LLO is bound to return the material to TCCL and to delete all copies of this software. Updates: TCCL will inform LLO of any system upgrades which may become available. LLO agrees to let the technical people assigned by TCCL to upgrade the system whenever required. Trademarks: LAS and the associated logo(s) are registered trademarks. All images, photographs, animations, audio, video and text incorporated into the Software is owned by TCCL, unless otherwise noted by Trademark. Limitations of Liability and Remedies: In no event shall TCCL be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential or other damage, even if TCCL Software, are advised, in advance, or the possibility of such damages. TCCL entire liability and the LLO’s exclusive remedy shall be, at TCCL’s option, either (a) return of the price paid, or (b) repair or replacement of the Software. To the maximum extent permitted by applicable law, TCCL disclaim all other warranties, either express or implied, including but not limited to, implied warranties with regard to the Software, the accompanying material. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Should the LLO have any questions concerning this license agreement, please contact Tabone Computer Centre Limited at 111 Old Railway Track St Venera Malta. Appendix E Additional clauses for Users placing Advertizing: This agreement is an extension to the TCCL Service Agreement. TCCL as an ISP, are a conduit where the order to place an advert is being serviced. TCCL is not a partecipant in the advertizing of the products nor does in any way approve the items being displayed or advertized. TCCL is not liable to any damages or losses resulting from transactions following or in conjunction with products or services being advertized on the site. The items advertized must respect the laws of Malta and/or the countries in which the items are being advertized or sold. No item or service offered can be in any offensive. Any legal liability arising from advertizing is the direct responsibility of the person placing the advert. All items advertized must be made in bona fede. TCCL reserves the right to remove any advertizing and/or to stop this service without giving any notice in advance ---------------------------------------------------- Copyright 1996-1999 TCCL. This agreement and attached appendices is a Copyright of Tabone Computer Centre Limited. All rights reserved. No part of this document may be reproduced, photocopied or transmitted without the express prior written consent of Tabone Computer Centre Limited. HOME