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World Wide Web Services Agreement

Level One, Suite 135, West Wing, Science Alive Building,
Moorhouse Ave, Christchurch, New Zealand ("the Provider")

Last amended 10/5/98

1.Scope of Agreement
1.1 This agreement applies to the provision of Internet publishing facilities by the Provider to the Publisher.
Internet publishing facilities are primarily WWW publishing services including:
hosting web pages, hosting Virtual WWW servers, telehousing WWW servers with network connection and web promotion
services. This agreement is legally binding on the parties.

2. Definitions

	2.1  'Dynamic Programming Code' ('DPC') - 
	includes CGI, Java, ActivX, ASP, Perl and any other form of code or other programmatical
	interaction that may be used over the Internet.
	2.2 "Impressions" - 
	means the number of times a promotional banner advertisement is served to a client browser.
	2.3 "Index Page" - means a page with at least three Links on that page.
	2.4 "Internet Publishing" - may include, but is not restricted to, the following modes:
            2.4.1  pages on a WWW server operated by the Provider,
            2.4.2  the publisher's own virtual WWW domain server; or
            2.4.3  telehousing and/or network connection for the publisher's own WWW domain server.
        2.5 'Link' - means an active button, hypertext or graphic on a
          WWW page linking to a command, script, item or address.
        2.6 'Netiquette' - means Internet etiquette and includes the 
          Acceptable Use Policy as described from time to time by 
          the Provider.
        2.7 'Publish' means placing material on a computer that is, or can
          be, connected to the Internet as a server of information in such
          a manner that the material is, or may be, accessible to anyone
          other than the author/s of that material.
        2.8 'The Provider' means Plain Communications Ltd (Plain Com.).

  3.  Publisher Obligation
       3.1 As a Publisher you agree:
            3.1.1 to observe Internet netiquette,
            3.1.2 to pay all access charges and fees associated with, or charged to,
	    your WWW publishing account,
            3.1.3 that the WWW publishing account is for the use of the 
               account holder only. It shall not be lent to any other party for
               their use without prior arrangements with the Provider. The
               publisher is at all times responsible for any use of the said 
            3.1.4 to be responsible for the security of your WWW publishing
               account and password/s. Keeping your password/s confidential
               is the only means of preventing others from gaining access
               to your WWW publishing account and publishing facilities.
        3.2 The Publisher shall notify the Provider immediately:
            3.2.1 of any change of address, or change of use of the Internet connection.
            3.2.2 should the WWW publishing account password/s be 
               disclosed to any third party, or if the Publisher becomes aware 
               of any security breach or irregular account activity.

  4. Lawful Use
	4.1 At all times the Publisher shall observe the laws of New Zealand
	    and SHALL NOT USE the webserver or associated computer systems for any
	    illegal or unlawful act including but not limited to the following:
            4.1.1 Publication of registration keys to commercial software / 
	          shareware, patches to crack protection on commercial software / 
	          shareware, or commercial software unless this is part of an 
                  authorised reselling operation.
	    4.1.2 Transfer of any illegal material, and by so doing violate any
	          applicable laws of the particular country.

	    4.1.3 Distribute copyrighted material without the permission of
                 the author(s).
	    4.1.4 Violate import/export restrictions of any country.
	    4.1.5 Publish any messages that are defamatory or that contravene
                      the Human Rights Act or other applicable legislation.

         4.2 The Publisher shall fully indemnify the Provider for any and all          
              costs, and/or liabilities that the Provider may incur as a result
              of a breach, or attempted breach, of clause 4.1 herein, by the 
              Publisher or its agents.     

 5.  Provider's Obligations
 	5.1 The Provider agrees to use its best efforts to provide WWW
          server availability to the Internet, 24 hours a day, 7 days a week.
          HOWEVER the server may be taken off-line occasionally for brief
          periods during low peak traffic for system maintenance.
        5.2 The Provider shall schedule regular backups of material held on
          the WWW server.
        5.3 On occurrence of a system failure, the Provider will take all
          reasonable measures to restore the services offered as soon as is
          practically possible.
        5.4 The Provider will monitor the system and take all reasonable
          precautions to prevent compromise of system security but accepts
          no liability for breaches of security.

 6.  Exclusion Of Liability

       6.1 The Provider does NOT WARRANT that server availability will 
          be without interruption or errors.
       6.2 The Provider SHALL NOT be responsible for any loss, financial 
          or otherwise, incurred by the Publisher, or any third party, arising
          from system malfunction or unavailability.
       6.3 The Provider SHALL HAVE NO obligation, responsibility or
          liability imputed or implied to check the Publisher's material
          for viruses or ensure that the Publisher's material is virus free.

  7.  Provider's Rights 
       7.1 The Provider may set publishing standards for hosted material
          that is linked to (directly or indirectly) or associated with, any of
          the Provider's domain names.
       7.2 The Provider may require that the Publisher remove and/or 
          modify to an acceptable standard any items that are substandard,
          unlawful, indecent, offensive or concerning which the Provider 
          has received complaints.
       7.3 If the Publisher fails to comply with the Provider's requests to
           remove and/or modify published material as required in by the 
          Provider pursuant to clause 7.2, then the Provider may take the 
           Publisher's material offline.
       7.4 Should the Publisher repeatedly breach the terms of this
          agreement, then the Provider may permanently or temporarily 
          withdraw the Publisher's access to publishing facilities and/or 
          terminate the Publisher's account.
       7.5 The Provider reserves the right to charge for revisionary work 
          in relation to the Publisher's WWW material where the 
          Publisher's material infringes the terms of this agreement.

 8.  CyberMall New Zealand Listing
       8.1  The Publisher agrees that the Provider may list the Publisher's 
         various materials in the indices relating to CyberMall New Zealand 
         or other search, directory or listing facilities provided or endorsed 
         by the Provider.  
     8.2  The Provider may from time to time determine the manner, 
         style and duration of such listings.

 9.  Reciprocal Linking
       9.1 The Publisher's index pages will display a link to CyberMall New 
          Zealand and/or CyberPlace as requested by the Provider.
       9.2 When the Provider requests a link as in 9.1 a reciprocal link from 
          CyberMall New Zealand and/or CyberPlace will be established by 
          the Provider.
       9.3 The Provider may list the Publisher's HomePages and other
          WWW material in appropriate categories in directories published 
          by the Provider. 
       9.4 Where the Publisher's material resides on the Provider's WWW
          server or on the Provider's server as a virtual server, then the
          Publisher's home page and other index pages shall carry an
          appropriate icon and link to either the CyberMall New Zealand 
          Home Page or the CyberPlace Home Page, as appropriate.
       9.5 Without prior approval from the Provider the Publisher may not
          carry links to the home or index pages of other New Zealand based
          Internet Service Providers, or online Internet Malls. Such 
          approval may, or may not be given, entirely at the Provider's

10.  Dynamic Programming Code - ('DPC')

      10.1 Guidelines. The Provider may specify from time to time
          guidelines and standards to which all published DPC elements must
          conform. For example, DPC elements must not be faulty or make 
          excessive demands on processor time and shall not be used in any 
          way to compromise system or network security.
      10.2 All DPC elements shall be submitted to the Provider for review
          prior to being published on any server owned or operated by the
          Provider. The Provider may require that amendments or
          modifications be made to DPC elements at the Publisher's cost
          prior to publication.
      10.3 The Provider may veto, amend or remove DPC elements which
          do not conform to the Provider's guidelines and standards.
      10.4 Where DPC elements contravene guidelines and standards the
          Provider may levy a charge in respect of time taken to review or
          amend DPC elements; or remove such code from the system.
      10.5 Where there may be network security implications the Provider 
          is entitled to review any DPC elements on a server that it is
          telehousing or to which it is providing network connection.

 11.  Computer Viruses

       11.1 The Publisher agrees that it shall not publish computer viruses.
          The Publisher agrees that any and all material that it publishes
          or makes available from it's WWW site shall have been virus
          checked and shall be free of computer viruses.
       11.2 Where there is reasonable cause to suspect that the Publisher's
          material contains a virus then the Provider may take any
          reasonable steps that are necessary to determine whether the
          Publisher's material is so infected.
       11.3 Should any of the Publisher's material be found to contain a
          virus, then the Publisher will take all practicable steps
          necessary to contain the spread of the virus and eliminate the
          virus infection. The Publisher shall immediately remove the said
          virus from its published material.
       11.4 Where the Publisher's material is found to contain a virus, then
          the Provider may, entirely at its discretion, take all necessary
          and expedient steps to apprehend the virus outbreak. Such steps
          may include, but are not confined to, advising the Publisher of
          the outbreak, taking the Publisher's material off-line, deleting
          infected files, publishing a public announcement concerning the
          outbreak, reviewing access logs to the Publisher's material and 
	  mailing an alert to the recipient's.
       11.5 The Publisher shall indemnify the Provider against all costs and
          damages incurred as a result of it publishing virus infected
          material. Any such sums may be invoiced to the Publisher
          and treated as an item on the Publisher's account.

 12.  Charges 
       12.1 Telehousing and other charges are set out on your account. The 
          Provider reserves the right to change charges by giving six weeks' 
          notice to the Publisher.

 13.  Payments & Collection
      13.1 The Publisher agrees to pay by the due date stipulated either by
          invoice or within the time stipulated by the Provider's Terms Of 
          Trade. The Terms Of Trade are made available on the World Wide 
          Web site at:
     13.2 Where the Publisher fails to pay by the due date the Provider 
          reserves the right to publish a default document in place of the agreed 
          service. The default document can be viewed on the Provider's World 
          Wide Web site at:
     13.3 Where monthly payments are by credit card, the Publisher
          expressly authorises the Provider to hold credit card details and
          lodge payment authorisation requests in respect of the ongoing
          monthly and traffic charges.
     13.4 Should payments be overdue then interest on the overdue sum 
          shall be payable at the rate of 2% per month and shall continue to be
          payable following judgment until the debt is paid in full. The
          Provider may recover all actual costs from the Publisher arising
          from or in relation to the collection of overdue moneys.
     13.5 Any payments that are outstanding and overdue for more than 30
          days may be referred to a collection agency for collection.
          Should any such overdue payments be referred to a collection
          agency then the Publisher agrees to meet all reasonable
          additional fees levied by the agency, (typically 15% of the
          outstanding sum).
     13.6 Should the Publisher allow any payments to become outstanding
          and overdue to the Provider, then the Publisher agrees not to publish
          elsewhere over the Internet.

 14.  Duration
       14.1 This agreement shall continue for an initial period of three months 
        and thereafter until either party gives notice pursuant to this 
         agreement that it intends to terminate.
       14.2 The Provider may terminate this agreement on one month's 
         notice to the Publisher.
       14.3 Provided that all fees are paid up to date as agreed herein, the
         Publisher may terminate the agreement by giving one month's
         notice of termination to the Provider.
       14.4 The Provider may terminate this agreement immediately, if the
        Publisher is in breach of the terms and conditions of supply.

 15.  Severability
       15.1 If any provision of this agreement or part thereof is held by a
          court to be unlawful, invalid, unenforceable or in conflict with
          any rule of law, statute, ordinance or regulation then that
          provision or part thereof may be deleted, the validity and
          enforcement of the provisions remaining shall not be thereby

 16.  Amendments

       16.1 The terms of this agreement may be amended by the Provider 
          giving one month's notice.  Amended terms and conditions are 
          made available on the Provider's World Wide Web site at:

 17.  New Zealand Law
       17.1 This agreement shall be governed by New Zealand law.

Plain Communications Ltd 1998 .

© Copyright 1996, CyberMall New Zealand
Web site design by Evanta.

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