1 Definitions and Interpretations 1.1 Throughout this Terms and Conditions ("T&C"), unless the context otherwise requires :- "Service" shall mean the access to Internet (which comprises of a group of inter-networked computers) using a variation of Asymmetric Digital Subscriber Line("ADSL") technology provided by Jabatan Telekom Brunei ("JTB") under the product name "e-speed" and includes any other features that may be added thereto by JTB from time to time. 1.2 "Customer" means a person, company or organization applying for the Service and accepted by JTB, including his successors and permitted assignees and is synonymous with the term "subscriber" or "applicant" wherever used in other correspondences or documents. 1.3 "e-speed Modem" means the e-speed terminating equipment provided by JTB to the Customer for use to access the Service. 1.4 "Service Acceptance Date" means the date when the Customer or his authorized representative signs the "e-speed Acceptance Form" to be presented by JTB to the Customer at the completion of the e-speed installation. 1.5 "e-speed Formal Subscription Form" means the form annexed to this T&C in Annex 1. 1.6 Words denoting the singular include the plural and vice-versa, words denoting gender include every gender and words denoting person include a natural person, corporation, firm, unincorporated association or any other legal entity whether acting as trustee or not. 2 Service Subscription Period 2.1 The Minimum Subscription Period to the Service shall be twelve (12) calendar months (excluding suspension period of the Service) commencing from the Service Acceptance Date. The Service shall be automatically extended beyond the Minimum Subscription Period unless suspended or terminated by JTB or the Customer. a. The e-speed Modem shall remain the property of JTB until the expiry of the Minimum Subscription Period, at which time it shall become the property of the Customer. In the event the Service subscription period is less then the Minimum Subscription Period (due to termination by JTB or the Customer), the e-speed Modem shall remain the property of JTB and the Customer shall return the e-speed Modem to JTB promptly and in good working condition. If the returned e-speed modem is found to be not in good working condition, then the Customer shall be liable to pay $400.00 to JTB. 3 e-speed Charges 3.1 The charges for the Service shall be according to the Service Package set out in Annex 2 of this T&C. JTB reserves the right to change these rates by giving advance notification or publication. 3.2 Upon signing of the e-speed Formal Subscription Form in Annex 1, the Customer shall pay the one-time charges and one (1) month monthly charges in advance according to the rate set out in Annex 2. 3.3 Upon the receipt of payment in Clause 3.2, JTB shall proceed with the e-speed installation at a date to be specified by JTB. 3.4 The Customer shall pay promptly for all charges and other amounts whatsoever as stated in the bill(s) issued by JTB. 3.5 Should any charges remain unpaid after becoming due for a period of sixty (60), JTB serves the right to suspend or terminate the Service without prior notice and to charge interest on the sum that remain unpaid at the rat of 2% from the due date until full payment. This does not preclude JTB from exercising its rights or remedies under this T&C arising at law. 4 Termination   The Customer may terminate the Service by giving JTB at least one (1) month prior notice in writing or paying a sum in the amount equivalent to one (1) month subscription charge for the Service Package subscribed in lieu thereof. 5 Customer's Liability on Suspension or Termination   In the event of suspension or termination of the Service (either by the Customer or JTB), the Customer shall be liable to pay JTB all charges that has become due and if applicable, shall return the e-speed Modem to JTB in good working condition. 4 Customer's Responsibilities 4.1 The Customer shall protect the secrecy of the assigned password at all times and shall not reveal or disclose in any manner whatsoever to any person. The Customer shall be fully responsible for and shall bear all charges, losses or damages arising from any abuse of the assigned e-mail identification and password howsoever they may arise. 4.2 The Customer shall not use the Service :- i) For any unlawful purposes such as, but not limited to, vice, gambling or any other criminal purposes nor for sending or receiving any messages which are abusive, offensive on moral, religious, communal or political grounds, or of an indecent, obscene or menacing character; or ii) For persistently sending messages that causes any threat harassment, annoyance, inconvenience or needless anxiety to any person whosoever; iiI) Through the use of the user identification or password, infringe any copyright or other intellectual property rights to the information or resources available nor shall the Customer retain such information or resources for re-use in any computer system or otherwise; iv) To attempt access into any computer system connected to Internet without authorization by the owner of the computer system. Any unintentional access shall be terminated immediately and be reported to the appropriate owner of the device or equipment or to JTB. v) To access information or resources which are private to individuals or organizations unless permission to do so has been granted by the owners or holders of the rights to such resources and information; and vi) To provide networking services using e-speed network to other parties without a written agreement with JTB. 4.3 The Customer shall, when accessing any other network through the Service, comply with the rules appropriate for such other network. 4.4 The Customer shall be solely responsible for the data retrieved, stored or transmitted through the Service. 4.5 The Customer shall take all necessary measures in order to protect his/her own system and network. 4.6 In connection with the e-speed Modem or any hardware ("Hardware") that may be provided by JTB for use of the Service :- i) take appropriate measure to safeguard the Hardware; ii) properly maintain and keep the Hardware at a safe place and iiI) adhere to all instructions and notice (written or otherwise) given by JTB from time to time regarding the use of such Hardware. 5 JTB's Right 5.1 JTB shall reserve the right to manage and control the access to the Service including access to data stored in or transmitted through the e-speed system, in any manner deemed appropriate by JTB. 5.2 JTB shall not :- i) be responsible in providing any support for any publicly accessible software distributed through e-speed network and does not guarantee that the software is free from any bug or virus. ii) guarantee the end-to-end transmission throughput of any connection on a e-speed network (i.e. JTB shall provide the Service through best-effort basis). iiI) be responsible for any consequences of using e-speed either directly or indirectly. 6 Changing the Service Package   In the event that the Customer is desirous to change his Service package, the Customer shall apply according to the procedures as specified by JTB from time to time. The effective date of the change shall be decided by JTB. 7 Use of Software 7.1 The Customer is free to use any software ("Software") supplied by any software vendor for accessing the Service. The use of the Software shall be subject to the terms and conditions stated herein :- 7.2 JTB makes no warranty and hereby disclaims all liabilities whatsoever in respect of or arising out of the usage of the Software by the Customer. The Customer shall have no remedy against JTB for defects in the Software. JTB shall not be liable to the Customer for any damages whatsoever, including any loss of profits, lost savings, or other incidental or consequential damages arising out of the Customer's use or inability to use the Software, even, if JTB or any of its authorized representative had advised the Customer of the possibility of such damages, or for any claim by any other party whomsoever. 7.3 The Customer shall satisfy himself/herself as to the suitability of the Software for his/her needs. In addition, the Customer shall also be responsible for ensuring the compatibility of the Software for use in any equipment which may be used or owned by him/her. 7.4 In the event that changes in the net work are introduced by JTB and after notice had been given, JTB shall not be responsible to ensure that the Software will continue to be compatible with JTB's network and the Customer shall have no claim whatsoever against JTB arising therefore. 8 Compliance With Laws   The Customer shall strictly comply with all applicable laws of Brunei Darussalam relating to the Service. 9 Minors   The Customer must be 12 years old or above. If the Customer is under the age of 18, his Guardian, whose name and signature appear in the e-speed Formal Subscription Form, shall be responsible for the due payment of all charges. Such liability shall not be terminated or affected by the death of the Guardian. The Guardian shall also ensure that the Customer complies with the terms and conditions stated herein. Copyright (c) 2000 by JTB. All rights reserved.