INTERNET NIUE USER AGREEMENT June 7, 2002
1 General:

1.1 Contingent upon availability of sufficient funds, Internet Users Society – Niue (“Internet Niue”) will provide free non-commercial e-mail and Internet on-line connections, to permanent residents of Niue and approved Government of Niue departmental users.

1.2 To qualify for these services, the User agrees to be bound by the terms of this User Agreement and the policies and fees outlined below.

2. Rules:

2.1 Commercial services are defined as any but not limited to, Web hosting, Web design or development, FTP services, Web sites, e-commerce, cyber cafes, any services for resale, use of the email services for the transmission of Unsolicited Bulk Email (Spam) or for commercial transference of any bulk data or any other commercial use of the Net.

2.2 Internet Niue will not provide free commercial services.

2.3 Usage over the standard limits of this agreement will be considered commercial.

2.4 The User warrants by submitting this User Agreement that, to the best of the User's knowledge and belief, the information submitted herein is true and correct, and that any future changes to this information will be provided to Internet Niue in a timely manner according to any procedures in place at that time.

2.5 Internet Niue, in its sole discretion, reserves the right to refuse to approve the User Agreement for any User. The User agrees that the submission of this Agreement does not obligate Internet Niue to accept this User Agreement.

2.6 The User agrees that Internet Niue shall not be liable for loss or damages that may result from Internet Niue’s refusal to accept this Agreement, or for any other reason related to Internet Niue’s provision of, or its attempts to provide, connectivity services to the Internet under this agreement.

2.7 Internet Niue reserves the right to modify this User Agreement as needed, and to require additional signed Agreements from the User from time to time in order to maintain services.

2.8 Users are required to maintain current and state of the art virus scanning software. Failure to do so will be considered abuse and grounds for disconnection of services.

3. Usage:

3.1. The basic usage allowance free of charge will be 60 hours per month and/or 60 Megabytes of transmitted/received data (Bandwidth usage) per month whichever comes first.

3.2. Usage beyond that limit will be considered commercial, and will be charged commercial rates.

3.3. Calls of duration of less than 10 minutes will be dropped from the usage accumulation.

3.4. The User agrees and understands that Internet Niue is a non-profit foundation and can only provide basic usage free of charge, contingent upon sufficient funds continuing to be available to pay for the digital connection between Niue and the international Internet.

3.5. The User agrees and understands that increases in these combined fee requirements may result in loss or limitation of service and/or the imposition of fees on all users without notice.

3.6. The User also agrees and understands that the sole source of funds to pay for these costs is revenue derived by Internet Niue through a portion of fees charged for registration of .NU Domain names on the global Internet market, the management of which has been exclusively delegated to Internet Users Society Niue by the Internet Assigned Numbers Authority (IANA) of the United States Government.

3.7. The User agrees not to store any email or email attachments on Internet Niue’s servers for any unreasonable length of time. The user therefore agrees to download any such traffic or data stored directly to the User’s own computer(s) on a regular and reasonable basis.

3.8. User agrees that any such mail stored for an unreasonable amount of time as determined by Internet Niue technicians, on Internet Niue’s servers will be deleted as a routine matter, and agrees to hold Internet Niue harmless from any losses, damages, or any other claims, potential or real, resulting from such action.

3.9. Users are required to inform Internet Niue if they relocate or change residence from Niue. Accounts that are left in a non-active state for more than 30 days will be deleted.

3.10. Users requiring commercial Internet Services will be subject to the rates of $12 NZD per hour plus $8 NZD per megabyte of transmitted/received data (Bandwidth usage) and must be approved by Internet Niue under separate agreement.

3.11. A minimal fee of $12 NZD will be charged in one-hour increments and will be billed monthly.

3.12. Internet Niue reserves the right to increase these fees as needed, following 30 days notice.

3.13. Past due accounts will be disconnected.

4. Liability:

4.1. All Users hereby agree to indemnify the Internet Niue against any losses incurred by users, and against all legal liability, loss, action suits, claims, demands, proceedings, costs or expenses in respect to any negligence, omissions or default by the society or its employees, associates, customers or contractors.

4.2. The User agrees that Internet Niue may revoke this User Agreement if this Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information Internet Niue would likely consider material to its decision to approve this User Agreement.

4.3. Internet Niue also reserves the right to revoke this Agreement and to disconnect Users who are convicted of offenses against the criminal libel laws or any other laws of Niue resulting from use of e-mail or any other aspect of Internet services provided by Internet Niue through this Agreement.

4.4. Internet Niue also reserves the right to revoke this Agreement and to disconnect Users who use any of the services provided by Internet Niue to participate in any activity, which is prohibited by Niue law or United States Law.

4.5. Internet Niue also reserves the right to revoke this Agreement and to disconnect Users who abuse the limitations on usage and/or violate any of the terms of this Agreement, after being warned via email by Internet Niue systems administrators.

4.6. Internet Niue will not be responsible for local telephone calls or connections, the condition of the telephone circuits or equipment used to connect users to the Internet Niue equipment or services offered.

4.7. The user understands that all fees relating to local telephone calls, rental fees for telephone lines, and any other telephone equipment is the responsibility of the user.

4.8. Internet Niue will not be responsible for repairing or replacing any hardware, software or computer ancillary parts or printers caused by power surges, lightning, natural conditions, or for any other reason.

4.9. The User releases Internet Niue from any liability for any faults or failures of its equipment or for any external failures such as power outage, power surge, telephone line or circuit failure, weather-related damages or events, or any other problems.

4.10. Internet Niue undertakes to install and maintain adequate equipment so that in the event of a systems fault, downtime may be as minimal as resources permit but is not liable for damage resulting from any interruption of such systems.

4.11. In addition to these terms of use, employees of the Government of Niue are subject to the policies and procedures of the Government of Niue concerning connection of government owned computers to the e-mail and Internet services.

4.12. The User agrees and understands that Internet Users Society - Niue (“Internet Niue”) may not provide services to employees of the Government of Niue who have not been so authorized by the Government of Niue.

4.13. To protect intellectual property rights Internet Niue will not install software or any other material that is not specifically licensed to the owner. Software must be purchased from a legitimate source, and any liabilities resulting from improper licensing of software is the responsibility of the user.

4.14. Internet Niue is unable to provide any training manuals, installation disks, CDROMS or instruction manuals for any software or hardware.

4.15. Users must supply all the required hardware and software for connection to the services. This must include a working computer, standard modem, adequate phone lines for data transmission, and all software required for connectivity.

4.16. Maintenance of the hardware and software required for connectivity is the responsibility of the user.