Please read the following information.

It sets out the terms under which eircom net's Service is made available for existing eircom net Customers, these terms and conditions are part of and are to be read in conjunction with your existing Service Agreement with eircom net

DEFINITIONS

CLI: means Caller Line Identification, a method by which the telephone number of a customer making a telephone call (Calling Number) is identified by the recipient of the call.

Customer: the person or entity to whom eircom net is providing the Service.

Customer Contact Policy: eircom net reserves the right to contact the Customer via email regarding information specific to eircom net, including service enhancements, network upgrades, pricing changes and general information relating to the Services.

Dial-Up Internet Services: the collective name for eircom net's Internet access services available for the time being. The current Services are eircom net Pay As You Go, eircom net Subscription Service, eircom net flat rate 25,eircom net flat rate 60 and eircom net anytime, more particularly described on www.eircom.net.

Dial-Up Number: is the telephone number provided to the Customer by eircom net to allow the Customer to access the Services.

eircom net: the provider of the Services.

eircom net flat rate 25: eircom net Dial-Up Internet Service, which provides the Customer with 25 hours Allocated time per monthly billing period, for use Off Peak .

eircom net flat rate 60: eircom net Dial-Up Internet Service, which provides the Customer with 60 hours Allocated time per monthly billing, for use Off Peak.

eircom net anytime: eircom net Dial-Up Internet Service which provides the Customer with 150 hours Allocated time per monthly billing, for use Peak or Off Peak.

eircom net Pay As You Go: eircom net Dial-Up Internet Service which doesn't charge the Customer a subscription but which charges customers on a per second basis for time online.

eircom net Pay As You Go Call rates: are the per second call charges paid by eircom net Pay As You Go Customers.

eircom net Subscription: is the periodic fee payable by the Customer to avail of the eircom net Subscription Service.

eircom net Subscription Service: is a Dial-Up Internet Service for which the Customer pays a subscription to eircom net and separately Call Charges to its Telecommunications Service Provider for access to the Service.

eircom net's Technical Support Desk: is the help desk set-up to answer technical support queries on eircom net's Dial-Up Internet Services. It's hours of operation are on eircom net's website www.eircom.net.

eircom net website: web site accessible at www.eircom net

Service: means the eircom net website, search facilities, directory services, personal web space, email, newsgroups, Dial-Up Internet Services and other internet services provided by eircom net on an ongoing basis.

1. REGISTRATION

You agree the following:

1.1 Access to services and eircom net networks is allowed at the sole discretion of eircom net. eircom net reserves the right, at its sole discretion to refuse certain Customers access to certain services if eircom net considers it likely that allowing the Customers in question to access the services and eircom net networks would be likely to lead to a breach of the terms of this Acceptable Usage Policy.

1.2 to provide true, accurate, current and complete information when you register as a User of eircom net ("User Information"); and notify us immediately of any changes to the User Information.

1.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

1.4 We reserve the right to terminate your account (including user name and password) if any User Information is untrue, inaccurate, out-of-date or incomplete.

1.5 The Terms and Conditions of any Service Agreement between the Customer and eircom net, along with the provisions of this Acceptable Usage Policy, apply absolutely regardless of the type of connectivity used, whether physically wired or wireless, to gain access to eircom net's services.

2. PROVISION OF THE SERVICE

2.1 eircom net provides access to national and international resources to its Customers through its own network and connections to networks outside of eircom net. Access to these networks is contingent on observance of this Acceptable Usage Policy as the same may be amended from time to time and the current version of which is available on eircom net's web site www.eircom.net. This Acceptable Usage Policy applies to all users of the eircom net service.

2.2 eircom net's services are provided to the Customer and the Customer therefore agrees to neither share the service, nor use the service to share eircom net sensitive information with any other person or body.

2.3 Use of the eircom net service is deemed to be an acceptance of this policy.

2.5 eircom net reserves the right to deny access to all or any part of eircom net or the Services if the telephone Caller Line Identification is blocked from the telephone line used to access eircom net.

2.6 Some Customers administer their own mail servers to send and receive email across eircom net systems. These mail servers can potentially be used by third parties to send spam and other unsolicited email. To protect against this abuse all mail servers must be configured as "closed relays".

2.6.1 Customers are responsible for ensuring that their mail servers are not acting as open relays.

2.6.2 eircom net reserve the right to test the status of mail servers for open relays.

2.6.3 Customers whose mail servers are acting as open relays will be required to reconfigure them as closed relays.

2.6.4 eircom net reserves the right to suspend and/or terminate service where a Customer fails to close an open relay.

2.6.5 eircom net reserves the right to suspend service immediately and without prior notice where the Customer's mail server is actively being used to send unsolicited email (including spam).

3. Security & Personal Information

3.1 eircom net will use its reasonable endeavours to prevent unauthorised access to the Service by third parties, but shall have no liability to the Customer for any unauthorised access to the Customer's computer system. The Customer is responsible for selecting and properly using any security procedures made available by eircom net as well as other procedures and measures necessary to safeguard and back-up the Customer's files, data and programs or any other form of information.

3.2 Depending on which eircom net Dial-Up Internet Service or other eircom net services you choose you may be issued with a set of unique passwords. You are responsible for the security and proper use of all passwords relating to the service and must take all necessary steps to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people.

3.3 Other users of your username and password shall be bound by these terms and conditions as if they were you. You agree to immediately notify us of any unauthorised use of your username or password or any other breach of security of which you become aware.

3.4 If you forget any password, by contacting the eircom net's Technical Support Desk by telephone and satisfying such security checks as we may operate, you will be reissued with your existing password or given a new password to enable you to use the service.

3.5 eircom net reserves the right, at its absolute discretion, to require the Customer to change any username or password used by the Customer in connection with the Service.

3.6 eircom net reserves the right, at its absolute discretion, to suspend the Customer's user name and/or password and/or access to the Service if at any time eircom net considers that there is or is likely to be a breach of security or of this Agreement or any other agreement entered into by the Customer and require the Customer to change any user name or password used by the Customer in connection with the Service.

4. USE OF THE SERVICE

4.1 The Customer is responsible for obtaining, installing and maintaining suitable equipment, communication lines and services necessary to access and use the eircom net Service. Customers must ensure that equipment (whether supplied by eircom, eircom net or a third party) drops the connection and that only intended connections are being made.

4.2 eircom net shall have no liability to the Customer whether in contract, tort or otherwise (including any liability for negligence) arising from the selection and use of an inappropriate POP or Dial-Up Number by the Customer or the overwriting of any existing setting or the deletion of any file from the Customer's Web Space Allocation. Under no circumstances will eircom net make refunds for the selection and use of an inappropriate POP or Dial-Up Number.

4.3 The Customer shall be responsible for discharging the cost of technical support provided by or on behalf of eircom net, including the cost of any call to eircom net 's Technical Support Desk, at such rates as specified by eircom net.

4.4 eircom net services may not be used for any activity, which contravenes the laws of Ireland, or any other applicable jurisdiction.

4.5 Customers may not use eircom net services to seek to gain unauthorised access to eircom net facilities, services or resources or to the facilities, services or resources of connected networks.

4.6 Customers may not use eircom net services to engage in activities, which waste eircom net resources (people, networks, computers and financial).

4.7 Customers may not use eircom net services to engage in activities, which cause or are liable to cause disruption or denial of service to any eircom net customer and any user of the eircom net service.

4.8 Customers may not use eircom net services to create, host or transmit offensive or obscene material, or engage in activities, which would cause offence to others on the grounds of race, creed or sex.

4.9 Customers may not use eircom net services to create, host or transmit material, which is defamatory.

4.10 Customers may not use eircom net services to create, host or transmit material, which infringes the intellectual property rights of another person or organisation including, but not limited to, Copyright and Related Rights, Database Rights, Trade Marks, Industrial Designs and Patents.

4.11 Customers may not use eircom net services to engage in activities, which infringe proprietary rights in any software.

4.12 Customers may not use eircom net services to engage in activities, which compromise the privacy of others.

4.13 Customers may not use eircom net services to engage in activities, which would destroy the integrity of computer-based information.

4.14 Customers may not use eircom net services to transmit unsolicited commercial or advertising material either to other customers or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance to the recipient.

4.15 Customers may not use eircom net services to transmit unsolicited or bulk email either to other customers or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance to the recipient.

4.16 eircom net services are not intended for resale. Resale of services without making specific arrangements with eircom net shall not be permitted

4.17 eircom net reserves the right, to take any action it deems appropriate when dealing with third part content, which whilst not necessarily illegal, is none-the-less considered by eircom net inappropriate and deliberately calculated to cause unreasonable anxiety, inconvenience or stress to others.

4.18 eircom net informs its Customers that it may from time to time receive notices from www.hotline.ie requesting the removal of specified material from web sites or newsgroups hosted on its services and providing that it is reasonable to do so eircom net must comply with such notices within a reasonable time.

4.19 You must not gain or attempt to gain unauthorised access to any computer systems for any purpose, including accessing the Internet. You must not run Port Scanning software which accesses remote machines or networks, except with the explicit prior permission of the administrator or owner of such remote machines or networks. "Port Scanning" is an activity, which by using a particular type of software gives the user the ability to scan the computer system of another Internet user. The purpose of which can be (but is not limited to), obtaining passwords and usernames, remotely controlling that computer or destroying data on that computer. This includes using applications capable of scanning the ports of other Internet users. If you intend to run a port scanning application, you must provide eircom net with a copy of the written consent received from the target of the scan authorising the activity. This must be supplied to eircom net prior to the application being run.

4.20 During the initial registration process for the Service, eircom net may send a file to the Customer's computer to configure the Customer's computer with the correct settings for the Service. The Customer acknowledges and agrees that the said file will change the Customer's default Internet settings to those of eircom net.

4.21 eircom net may supplement or make changes to its rules of operation, access procedures, security procedures and standards for Customer equipment;

4.22 eircom net may change the type and location of the system equipment, facilities and software used by eircom net in providing the Service; and

4.23 eircom net may modify, withdraw or restrict the availability of the Service.

4.24 eircom net accepts no responsibility for minors using the Service.

4.25 If the Customer wishes to change the name of the address on their account, eircom net requires written confirmation, in the form of email, letter or fax, from the account holder.

5. Webmail Message Storage and other limitations

5.1 The following limits apply:

5.1.1 Your web-based e-mail storage space is limited to 5MB.

5.1.2 Your pop e-mail storage is limited to 50 MB.

5.1.3 If you opt for the eircom net Pay As You Go service, your web space storage is limited to 20MB.

5.1.4 If you opt for the eircom net Subscription service, your web space storage is limited to 100MB

5.1.5 If you opt for one of the eircom net Flat Rate services your web space storage is limited to 50 MB

5.2 eircom net reserves the right without prior notification to suspend, clear down or terminate e-mail addresses and relevant passwords, which are inactive (i.e. mail is not retrieved) for a period of more than 90 days. Terminated email addresses will then become available for use by another Customer. eircom net shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. You agree that eircom net may terminate your access to any part or all of the Service and any related service(s) at any time, on notice to you, effective immediately, for any good and sufficient reason and acknowledge and agree that eircom net shall not be liable to you or any third party for any termination of your access to the Service. eircom net reserves the right to take such action as it deems appropriate against any Customer who violates any conditions of this Acceptable Usage Policy.

5.3 eircom net does not guarantee the successful delivery of attachments.

5.4 The Customer is responsible for ensuring that it does not exceed the Web Space Allocation. Where the Web Space Allocation is exceeded, eircom net may, at its absolute discretion and with or without notice to the Customer, delete any file from the Customer's Web Space Allocation.

5.5 If a Customer moves from an eircom net Dial-Up Internet Service to another eircom net Dial-Up Internet Service with a smaller allocation of web space, then the Customer shall not be allowed to update or add to their web space account until they are within the limit of their new Dial-up Internet Service.

6. Intellectual Property and Right to Use

6.1 You acknowledge that all copyright, trademarks and all other intellectual property rights in any material supplied as part of the Services shall remain vested in our licensors or us. You acknowledge that you are permitted to use this material only as expressly authorised by our licensors or us and may not copy, reproduce, transmit, distribute or create derivative works of such material without express authorisation.

6.2 The material and content contained within eircom net and the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) distribute or commercially exploit such material and content. If you become aware of any such distribution or commercial exploitation, you will let us know immediately.

7. Limitation of Liability

7.1 You acknowledge that eircom net has no control over the information which can be accessed by using eircom net services and that we do not examine the use to which you or other users put the Services or the nature of the information you or they are sending or uploading. We therefore exclude all liability of any kind for the transmission or reception or such information of whatever nature.

7.2 We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other person on any web site you establish using the Services.

7.3 You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

8. Indemnity

8.1 You agree to indemnify us, or any company in the eircom Group and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Services.

9. User dealings with Advertisers

9.1 Your correspondence with, or participation in promotions of, advertisers or merchants found on eircom net, including payment for and delivery of related goods, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree that we have no liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the eircom net website.

10. Termination

10.1 eircom net reserves the right to take such action as it deems appropriate against any Customer who violates any conditions of this Acceptable Usage Policy. In such cases, services (including your username and password, your email addresses, emails, web space and other data stored on eircom net) may be limited, interrupted or terminated with or without notice to the Customer.

11. Law

These terms and conditions shall be governed by and construed in all respects in accordance with the laws of Ireland and each party hereby submits to the exclusive jurisdiction of the Irish Courts.

This Acceptable Usage Policy will be amended from time to time as is deemed necessary by eircom net. A copy of this policy will be made available to all new customers and the current policy will also be available on eircom net's web site. It is the Customer's responsibility to ensure familiarity with and observance of this Acceptable Usage Policy.

12. Data Protection

Any information obtained by eircom net through an application for the Service, or through the use of the Service may be accessed by eircom net in accordance with the provisions of the Data Protection Act, 1988 - 2002 as same may be amended from time to time, and may be used by eircom net to identify other products and services which may be offered to the Customer by eircom net or agreed third parties, only where the Customer has expressly agreed that the information may be used for such purposes.

13. Force Majeure

Except for failure to make payments when due, neither party will be liable to the other by reason of any failure in performance of this Agreement if the failure arises out of the unavailability of third party communication facilities or energy sources, acts of God, acts of the other party, acts of governmental authority, fires, strikes, delays in transportation, riots or war, or any cause beyond the reasonable control of that party. If any such event prevents the Customer from accessing the Service and continues for more than one (1) month, the Customer may terminate the Service upon delivery of notice to eircom net.

14. No Warranties

14.1 The Service is provided on an "as is" basis and all conditions and warranties expressed or implied whether by statute or common law or otherwise are hereby excluded to the fullest extent permitted by law.

14.2 eircom net does not warrant that the Service will meet the Customer's requirements or that the operation of the Service will be uninterrupted or error-free or that any defect in the Service can or will be remedied. In particular, eircom net makes no warranties or representation to the extent that the operation of the Service is dependent on third party service providers and eircom net shall have no liability in respect of defects, interruptions or malfunctions in the Service, which are attributable to such third party service providers.

14.3 The Customer assumes the responsibility to take adequate precautions against damage to its operation which could be caused by defects, interruptions or malfunctions in the Service.

14.4 In respect of information provided by information providers to whom access has been gained by the Customer via the Service, the Customer acknowledges that eircom net does not warrant or guarantee:

14.4.1 the accuracy, completeness, performance, quality, suitability or usefulness of such information; or

14.4.2 that such information will be free of infection by viruses, worms, Trojan horses or anything else manifesting, contaminating or destructive properties; or

14.4.3 that such information will not contain adult-oriented material, or material which some individuals may deem objectionable.

14.5 The Customer assumes the risk of using information accessible using the Service and shall isolate information, execute anti-contamination software and otherwise take steps to ensure that information, if contaminated or infected, will not damage the Customer's information or system.

14.6 eircom net has no responsibility for any information, software, services or other materials obtained by the Customer using the Service.

eircom net
Unit B East Point Business Park
Fairview
Dublin 3

Registered Office
eircom Limited t/a eircom net
114 St. Stephens Green West
Dublin 2