1. Interpretation
1.1 In these Conditions:

"THE APPLICATION FORM" quote means the Application Form attached to these Conditions.
"CONDITIONS" means the terms and conditions set out in this document.
"CONTRACT" means the contract for the supply of the Services.
"CUSTOMER" means the person who wants the Supplier to provide the Services in accordance with the Conditions.
"SERVICES" means the Services which the Supplier is to supply in accordance with the Conditions.
"SUPPLIER" means Free-Internet.
"THE LICENSED PROGRAMS" means the software programs supplied to the Customer to enable him to access the Internet and use the Services.
"WRITING" includes telex, cable, facsimile transmission, E-mail and comparable means of communication.

1.2 Any reference in the Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in the Conditions are for convenience only and shall not affect their interpretation.

2. Supply of the Services
2.1 The Supplier shall take all reasonable steps to provide the Services in accordance with the Conditions.
2.2 The Supplier reserves the right to vary the Conditions and the terms of the Contract at anytime. Such variations to be notified to the Customer by E-mail. Unless he notifies the Supplier within 7 days of the date of the E-mail message, the Customer shall be deemed to have accepted the variations.
2.3 The Supplier's employees or agents are not authorised to make any representations concerning the Services unless such representations are confirmed by a Director of the Supplier in Writing. The Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

3. Price for the Services ("the Subscription Fee")
3.1 The Subscription Fee shall be the fee(s) payable each month and/or year in respect of the provision of the Services. Such fee(s) being set out in the Application Form or, where no fee(s) has/have been set out, the Supplier's quoted price,or where no price has been quoted (or a quoted price is no longer valid), the price listed in the Supplier's published price list current at the date when the Customer signs the Application Form.
3.2 The Supplier reserves the right to increase the Subscription Fee at any time.
3.3 The Subscription Fee is inclusive of any applicable value added tax.

4. Terms of Payment
4.1 The Customer shall pay the Subscription Fee in accordance with the method agreed with the Supplier even if connection has not taken place. Time of payment of the Subscription Fee shall be of the essence. Receipts for payment will be issued only upon request.
4.2 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:
4.2.1 cancel the Contract; and/or
4.2.2 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of three per cent above the National Westminster Bank base rate from time to time.

5. Warranties and Liability
5.1 Except as expressly provided in the Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
5.2 Where the Services are supplied under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by the terms of the Conditions.
5.3 Given the fact that the Supplier has no control whatsoever over and in respect of the information on the Network, the Supplier expressly excludes any warranties relating to the accuracy of such information.
5.4 Except in respect of death or personal injury caused by the Supplier's negligence, the Supplier shall not be liable to the Customer by reason of any representation, or any warranty (whether express or implied), condition or other term, or any duty at common law, or under the express terms of the Conditions or the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential loss or any compensation whatsoever (and whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the Services or their use by the Customer, except as expressly provided in these Conditions.
5.5 The Supplier shall not be liable for any loss (whether direct or indirect) to the Customer, whether of data or otherwise, caused by any delay or interruption in the provision of the Services.
5.6 The Customer warrants that:-
5.6.1 it shall not transmit or receive live audio or video across the Supplier's Network or use the Services for any application which in the Supplier's opinion results in an unreasonable demand on the bandwidth;
5.6.2 it will not use the Services to block mail E-mail accounts or newsgroups with information;
5.6.3 it shall not knowingly or recklessly transmit any electronic material (including viruses) through the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by the Supplier or other Internet users;
5.6.4 it shall not (or authorise or permit any other party to) use the Services or the Supplier's Network to receive or transmit material which is in violation of any law or regulation which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise unlawful;
5.6.5 it, as the registered user of the account, will keep the user-name and password secure and not let them become public knowledge;
5.6.6 unless agreed in Writing with the Supplier, the account is to be used by a single user only and that it will not allow simultaneous access using the same log-in;
5.6.7 if the password becomes known to any unauthorised person it will inform the Supplier immediately.

6. Data Protection
6.1 The Supplier shall be entitled to place any information provided by the Customer in a computerised directory.

7. The Licensed Programs
7.1 The Licensed Programs are owned by the Company/person/legal entity stated as being the owner on the Licensed Program. The Customer warrants that it shall only use the Licensed Programs in accordance with the terms and conditions referred to therein and that it shall fully indemnify and hold harmless the Supplier in respect of any breach of those terms and conditions.

8. Password
8.1 The Supplier reserves the right to change the Customer's password, user ID and/or E-mail address at any time and for any reason whatsoever.

9. Other Networks
9.1 In the event that the Customer uses the Services to link into other Networks then the Customer shall abide by the relevant Network's use policies. If the Customer does not abide by such use policies then it shall fully indemnify and hold harmless the supplier against all loss, damages, costs and expenses awarded against or incurred by, the Supplier as a result.

10. Maintenance and Repairs
10.1 The Supplier reserves the right to shut-down the Network or any part thereof at any time in order to carry out repair and maintenance work. The Supplier shall take reasonable steps to inform the Customer of such shut-downs but shall not be liable if it does not do so.

11. Force Majeure
11.1 The Supplier shall not be liable to the Customer or be deemed to be in breach of the Conditions and/or the Contract by reason of any delay in performing, or any failure to perform, any of it's obligations, if the delay or failure was due to any cause beyond the Supplier's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Supplier's reasonable control:
11.1.1 Act of God, explosion, flood, tempest, fire or accident;
11.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.1.3 acts, omissions, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority or public telephone operators;
11.1.4 import or export regulations or embargoes;
11.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Supplier or of a third party);
11.1.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
11.1.7 power failure or breakdown in machinery.

12. Indemnity
12.1 If any claim is made against the Supplier in respect of the use or mis-use of the Services by the Customer or any breach of the Conditions and/or Contract by the Customer then the Customer shall fully indemnify and hold harmless the Supplier against all loss, damages, costs and expenses awarded against, or incurred by, the Supplier in connection with the claim, or paid or agreed to be paid by the Supplier in settlement of the claim.
12.2 The Customer shall give the Supplier all reasonable assistance for the purposes of any such proceedings or negotiations above-mentioned.

13. Duration and Termination
13.1 The Contract shall come into force on the date set out in the Application Form and, subject to the following provisions of this clause, shall continue in force for a minimum period of 12 months and thereafter until such time as it is terminated by either party giving to the other not less than three months' written notice to expire on or at any time after the end of the minimum 12 month period. In the event that the Customer terminates the Contract, he shall not be entitled to a refund or rebate of all or any part of the Subscription Fee. In the event that the Supplier terminates the Contract, the Customer will only be entitled to a refund or rebate if it does so without cause.
13.2 The Supplier shall be entitled forthwith to terminate the Contract if:
13.2.1 the Customer commits a breach of any of the provisions of the Conditions or the Contract;
13.2.2 an encumbrancer takes possession or a receiver is appointed over any of the property or assets of the Customer;
13.2.3 the Customer makes a voluntary arrangement with its creditors or becomes subject to an administration order;
13.2.4 the Customer goes into liquidation (except for the purposes of an amalgamation, reconstruction or other reorganisation and in such manner that the company resulting from the re-organisation effectively agrees to be bound by or to assume the obligations imposed on the Customer under the Contract); or
13.2.5 the customer ceases, or threatens to cease, to carry on business.
13.3 Any waiver by the Supplier of a breach of any provision of the Conditions or Contract shall not be considered as a waiver of any subsequent breach of the same or any other provision.
13.4 The rights to terminate the Conditions or the Contract given by this clause shall not prejudice any other right or remedy of the Supplier in respect of the breach concerned (if any) or any other breach.
13.5 Upon the termination of the Contract for any reason, subject as otherwise provided in the Conditions and to any rights or obligations which have accrued prior to termination, the Supplier shall not have any further obligation to the Customer.

14. Nature of Agreement
14.1 The Supplier shall be entitled to perform any of the obligations undertaken by it and to exercise any of the rights granted to it through any other company which at the relevant time is its holding company or subsidiary (as defined by section 736 of the Companies Act 1985) or the subsidiary of any such holding company, and any act or omission of any such company shall be deemed to be the act or omission of the Supplier.
14.2 The Supplier shall be entitled to carry out its obligations through any agents or sub-contractors appointed by it in it's absolute discretion for that purpose.
14.3 The Customer may not, without the written consent of the Supplier,sell, assign, mortgage, charge (otherwise than by floating charge) or dispose of any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations.
14.4 The Customer acknowledges that, in entering into the Contract, it does not do so on the basis of or rely on any representation, warranty or other provision except as expressly provided in the Contract, and accordingly all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
14.5 If any provision of the Conditions or Contract is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the Conditions or Contract and the remainder of the affected provisions shall continue to be valid.
14.6 The Conditions and the Contract shall be governed by and construed in all respects in accordance with the laws of England and the parties hereto submit to the exclusive jurisdiction of the English Law Courts.

15. Notices
15.1 Any notice or other information required or authorised by this Agreement to be given by either party to the other may be given by hand or sent (by first or second class pre-paid post, telex, cable facsimile transmission, E-mail or comparable means of communication) to the other party.