Service Agreement to cover various services associated with the Internet offered by the operators of this service, NextWeb Ltd., hereby referred to as 'NextWeb'. This service includes but is not limited to: NextWeb.mt. The attached Appendices form an integral part of this agreement.
NextWeb agrees to provide User agrees to receive access to NextWeb's services according to the following Terms and Conditions:

1. NextWeb 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. NextWeb will not be responsible for any damages the 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 NextWeb or any of its providers.

2. Neither NextWeb nor its information providers are responsible for any damages arising from the User's inability to use NextWeb'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 NextWeb's services is at the User's own risk. NextWeb specifically denies any responsibility for the accuracy, content, or quality of information or software obtained through its services.

4. NextWeb is not responsible for the User's personal files residing on NextWeb's systems. The User is responsible for independent backup of his/her data stored on NextWeb's systems.

5. Electronic mail ("Mail") is a private electronic message sent or received by a client or by NextWeb to or from another client or the User of NextWeb. NextWeb 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. The User agrees to use NextWeb'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, the User hereby agrees that any material submitted for publication 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. The User agrees to indemnify and hold harmless NextWeb from any claims resulting from the User's use of the service which damages the User or another party.

7. Any action by the User that, in NextWeb's sole opinion, restricts or inhibits other clients from using and enjoying the services offered by NextWeb (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.

8. Individual user accounts are not permitted to establish multiple simultaneous sessions unless previously agreed to in writing by NextWeb Ltd.

9. 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. NextWeb reserves the right to suspend or cancel the service of anyone who, in the opinion of NextWeb violates this policy.

10. Any access to other networks through this service must comply with the rules appropriate for that other network. The 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 NextWeb or of any computer system or network that is accessed via NextWeb'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 the User's own password(s) and account(s) with others not authorized by NextWeb 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.

12. The benefits of and/or rights conferred by this agreement are non-transferable. Use of the 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. The User is responsible for all of the User's account(s) and confidentiality of passwords. NextWeb will suspend access or change access to the User's account(s) immediately upon notification by the User that his/her password has been lost, stolen, or otherwise compromised.

14. The User is responsible for all telephone charges incurred while connecting to NextWeb's services.

15. The User shall pre-pay for access to and/or use of this service at the current rates that are published online by NextWeb 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.

16. Accounts with bills remaining unpaid after due date may have their service interrupted. If payment is returned unpaid or rejected by the User's bank, service will be interrupted. 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.

17. NextWeb reserves the right to accept or deny requests by the User to change from one service to another offered by NextWeb.

18. NextWeb reserves the right to change its services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered.

19. NextWeb reserves the right to delete the User's personal files including but not limited to the home pages and mail, after one or both parties terminate this agreement.

20. NextWeb at its sole business judgement may terminate this Service Agreement immediately or suspend the User's access to the service upon any breach of this Service Agreement by the User, including, but not limited to, refusal or failure to pay for services provided.

21. NextWeb may modify these terms and conditions upon notice published online via the NextWeb web site. The User's use of the service after such notice shall constitute the User's acceptance of the modification to this agreement.

22. Non-enforcement of any section of this agreement does not constitute consent and NextWeb reserves the right to enforce this agreement. If any one or more paragraphs in this agreement is found to be unenforceable or invalid, the User's and NextWeb's agreement on all other paragraphs shall remain valid.

23. This agreement shall be governed by the laws of the Republic of Malta.

24. These terms and conditions supersede any and all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

25. Use of this service constitutes acceptance of these terms and conditions and the User agrees to abide by the terms and conditions contained therein.

26. 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.

27. 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 NextWeb Service Agreement. NextWeb will provide File Transfer Protocol facility to enable the User to update the web pages remotely. The free Web Page Space provided is of 3MB and will be of a personal nature. Business pages will be charged. The User will use this service and space until the subscription is paid. The User is to keep under strict control the Login and FTP passwords given by NextWeb. Should the User feel that the security of the passwords has been compromised in any way, the User should inform NextWeb immediately and NextWeb will replace the passwords. The User is bound to use the email address showing that the service is being offered on a NextWeb server (example: userid@NextWeb.mt). This free space is being offered free of charge and this offer may be terminated at any time by NextWeb without giving any advance notice. NextWeb is under no obligation to keep any backup of any information stored by the User on his/her FTP space, whether this information is of a personal or commercial nature.

Appendix B

Additional Clauses Users using the NextWeb Mail Storage Service:

This agreement is an extension to the NextWeb service Agreement. The User may receive any amount of email messages, provided that the email is stored at the User's workstation. For those users who do not have their own workstation and intend to keep their email messages stored on the NextWeb Mail Server, the following rules apply: Messages which are older than 90 days are automatically deleted from the Mail Server. The User is responsible to manage the mail received on the NextWeb Mail Server. NextWeb will make every effort to ensure that all Mail is kept in a secure way and to use a reliable Mail Server. However NextWeb 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 NextWeb Mail Server any mail he receives and which he considers important. The User will use this service and space until the subscription is paid. On expiration of the paid subscription, NextWeb 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.