1. Hong Kong Broadband Network Limited (‘HKBN’) provides the Service in accordance with these Special Terms and Conditions. The Service includes connection to the web drive of HKBN for the storage, sharing and copy of files and / or other services designated by HKBN from time to time. HKBN reserves the rights to alter, delay, terminate or suspend the operation and / or provision of the Service (in whole or in part) from time to time. However, HKBN shall endeavour to provide notification to the Subscriber within 30 days before the aforementioned alteration, delay termination or suspension takes effect or as soon as reasonably practicable.
   
   
2. If the service activation day of the Service does not fall on the first day of the month, the Subscriber shall be required to pre-pay charges for the Service for the month in which the Service is activated on pro-rata basis plus the charges for the next whole month.
   
   
3. The Subscriber agrees to timely settle the service charges for the Service and the charges prescribed by HKBN from time to time. HKBN shall deliver the monthly invoice to the Subscriber’s designated email address or postal address. The Subscriber understands and agrees that HKBN has the absolute right to revise the charges of the Service from time to time, and HKBN shall endeavour to provide notification to the Subscriber within 30 days before the aforementioned revision takes effect or as soon as reasonably practicable.
   
   
4. The Subscriber understands and agrees that HKBN is providing the Service through a third party service provider. The utilization of the Service depends on the network coverage and conditions of connection, and hence HKBN shall not warrant or guarantee on the quality of the Service or the network of the Service. In case the Service is being affected by circumstances, which are beyond the reasonable control of HKBN or cannot be reasonably foreseen by HKBN, or by any services provided by the third party service provider and cause HKBN to decide that the Service can no longer be provided to the Subscriber, HKBN shall be entitled to terminate the Service immediately without any liability. HKBN provides the Service through third party service provider. The Subscriber understands and agrees that the contents, the form and the provision of the Service are all subject to the agreement between HKBN and the third party service provider.
   
   
5. The Service is provided for the Subscriber’s use at home and his private use only. The Subscriber is not allowed to use it on any public occasion or at any public place, or to lease or lend it to any third party for their utilization.
   
   
6. The Subscriber understands and agrees to the following terms: 6.1 The operation / provision of the Service shall be dependent on the equipment or configuration and the ways of use designated by HKBN from time to time, and is applicable only to computers in which the relevant appropriate software has already been installed. 6.2 The Subscriber shall be responsible for keeping the login ID and password (including the login ID and password of the shared resources of its acquaintance) confidential so as to make sure that the same shall not be revealed or disclosed to any third party. HKBN shall not be responsible for any such disclosure and disclaims all liabilities to pay any compensation to the Subscriber therefor.
   
   
7. All the copyright, trademark and other intellectual property rights in relation to the Service or the software and programmes used in the Service belong to HKBN and/or are licensed to HKBN for use by third party service providers. The Subscriber is prohibited from altering, amending, copying and/or dismantling the Service and/or the software and programme through which the Service is provided.
   
   
8. HKBN shall not provide maintenance and technical support service to the Subscriber in connection with the Service.
   
   
9. HKBN does not guarantee that the Service shall meet the Subscriber’s requirements, that the operation of the Service will be uninterrupted, that the Service will be timely provided, secured, or error-free or that the Subscriber can have certain attainment through the use of the Service.
   
   
10. While using the Service, the Subscriber shall abide by the followings:

    1. He shall not restrict or prohibit other subscribers from using any services;

    2. He shall not post, transmit, distribute or connect to any material or content that is unlawful, harassing, abusive, threatening, harmful, obscene, distorted, defamatory, libelous, intrusive to other's privacy, or otherwise objectionable or that threatens physical harm or incites any other person or group to hatred;

    3. He shall not post, transmit, distribute, store or connect to any file that violate intellectual property laws, or infringe any intellectual property right or any right of possession, violate or infringe any right to contract or right of trusteeship, which includes but not limited to publishing methods of how to crack anti-copying devices and publishing pirated music or information or creating any link to these files;

    4. He shall not post, transmit, distribute or connect any content that shall cause harm to anyone under the age of 18;

    and

    5. He shall not engage in any activity or link to a site that may be used to obtain an unauthorized access, interfere with, disrupt or terminate the Service or the computer networks, systems or any accounts of others, or connecting to those websites undertaking such activities, which include (but not limited to) posting and/or spreading of viruses (such as trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs) or software designed to create a virus or to do harm to the Service or to the software of its users.
    
    

11. The Subscriber shall bear the sole responsibility for his publication, transmission, uploading, distribution or storage of all the materials (for examples: text, software, music, sounds, photos, images, video messages) (including but not limited to all the materials published, transmitted, uploaded, distributed or stored in files of any shared resources of his acquaintance) through his use of the Service, no matter the material is published publicly or transmitted personally. The Subscriber shall bear all the responsibility for his activities and the activities of his acquaintance in the files in any shared resources, and all materials and contents contained in their accounts. HKBN disclaims all liabilities, whether direct or indirect, for all materials or contents transmitted, uploaded, saved or received through the use of the Service. In case the Subscriber is found to have distributed illegal materials (including but not limited to defamatory contents or materials under the protection of intellectual property laws), he shall be claimed for legal liabilities and the Subscriber agrees to indemnify HKBN against all the losses arising out of his undertaking of such activities.
    
    
12. HKBN shall not be responsible for the examination, filter or edition of any content published through the use of the Service. However HKBN reserves the absolute right and discretion to monitor or delete any material or content published, transmitted, stored or received through the use of the Service. When HKBN has suspicion about certain materials and files, HKBN can, without giving prior notification to the Subscriber, revoke the Subscriber’s right of access to the Service or delete the materials or contents being transmitted, stored or received through the use of the Service. In case HKBN suspects or finds that the subscriber publishes, transmits, distributes or stores any material or content infringing any intellectual property law, HKBN shall have the absolute right to allow copyright property owner, his authorized representative or government authorities to examine the materials or contents stored by the Subscriber through the use of the Service.
    
    
13. With regard to the use of the Service, HKBN reserves the right to limit the amount of contents uploaded by the Subscriber each day and the number of times he may login to the Service within a particular time span and the login time. The Subscriber acknowledges and agrees that in case any message or other communications contents being transmitted via the Service is deleted or unsuccessfully saved, HKBN shall not be liable and shall not be required to pay any damages to the Subscriber.
    
    
14. The Subscriber understands and accepts that the Service may fail, be interrupted, delayed or suspended due to power failure or any other circumstances beyond HKBN’s control. However, HKBN shall endeavour to resume the Service as soon as practicable. HKBN does not warrant or guarantee the quality, reliability and availability of the Service and accepts no legal liability whatsoever in relation thereto. In all circumstances, HKBN shall accept no direct or indirect legal liability for the loss and damage arising out of the failure, interruption, delay or suspension of the Service.
    
    
15. If the Subscriber wants to cancel the Service, he must give no less than one month’s prior written notice to HKBN by using the service cancellation form designated by HKBN to cancel the Service. The Service will be formally terminated on the first day following one calendar month after HKBN receives the written notification.
    
    
16. The Subscriber understands and agrees that HKBN shall not be liable for any loss or damage howsoever arising out of the use of the Service, and he has no right to claim against HKBN for any such loss or damage.
    
    
17. These Special Terms and Conditions are supplemental to the HKBN’s broadband service registration form. The Subscriber understands and agrees that the other terms and conditions of the aforementioned registration form are applicable to the Service. In addition, the Subscriber agrees to comply with the General Terms and Conditions of HKBN (including the terms and conditions to be effective from time to time). In case of any inconsistency arising therefrom, these Special Terms and Conditions shall prevail. The Subscriber may obtain a copy of the relevant terms and conditions from HKBN free of charge.
    
    
18. HKBN reserves the rights to amend the above and all relating terms and conditions. In case of any dispute, HKBN shall have the right to make final and conclusive decisions.