PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOU MAY NOT USE OR ACCESS Hong Kong Telecommunications (HKT) Ltd UNLESS YOU AGREE TO BE BOUND BY THEM.

These terms and conditions are to be read in conjunction with the Hong Kong Telecommunications (HKT) Ltd Subscription ("Subscription") to which they relate (together the "Agreement").

1. Definitions

1.1 In these terms and conditions, the following terms shall have the following meanings:

"Content" includes without limitation any content, software, data, information, messages and all textual, audio, video, still image, graphical and other content or material that can be accessed by or through the Services;

"Content Provider" means any third party which provides Content and/or operates the Services;

"Login ID and Password" means any unique personal identifiers issued by PCCW to the Subscriber for gaining access to the Services;

"Fees" means any subscription fee which is payable by the Subscriber associated with the Subscriber's use and/or access to the Services together with such other connect time charges, access fees and other fees and charges as may be charged by PCCW from time to time, and whether or not as agent, for the Subscriber's use and/or access to the Services (and any other person's use and/or access to the Services where such person was able to access the Services by using the Login ID and Password) and/or the on-line delivery of Content;

"Hong Kong Telecommunications (HKT) Ltd" means the Services or any other services provided by PCCW from time to time.

"PCCW" means Hong Kong Telecommunications (HKT) Ltd, its successors and assigns;

"Services" means any premium services designated as such by PCCW from time to time which the Subscriber wishes to access via the Internet and/or the World Wide Web; and

"Subscriber" means the person described under "Subscriber Details" on the Subscription Form.

2. PCCW' Responsibilities

2.1 PCCW will (i) provide a Login ID and Password to the Subscriber which permits the Subscriber to access the Services; and (ii) invoice the Subscriber periodically by e-mail with all Fees incurred by the Subscriber during the period specified in the invoice. In the absence of manifest error, the details contained in such invoice shall be final and conclusive.

2.2 PCCW reserves the right at all times to (i) immediately suspend the Subscriber's access to the Services without notice, where PCCW is of the opinion that the Subscriber has breached any of the terms contained in this Agreement or that such action is appropriate, desirable or necessary in the reasonable opinion of PCCW; (ii) amend the Fees or introduce new fees or amend any of the terms and conditions of this Agreement which amendments shall be notified to the Subscriber by posting them on-line and which shall take effect 7 days after any such posting is made.

3. Subscriber's Responsibilities

3.1 The Subscriber agrees that (i) the Subscriber will pay all Fees due to PCCW in accordance with the terms of this Agreement and the Subscriber hereby authorises PCCW to debit its credit or charge card with the amount of any Fees which are due from time to time; (ii) the Subscriber will not reproduce, distribute, publish, copy, download, transmit or otherwise exploit any Content which is protected by copyright or other intellectual property or similar rights unless the Subscriber owns or controls the relevant rights thereto or has obtained all the requisite licences and approvals therefor; (iii) the Subscriber will not hack, break into, access, use or attempt to hack, break into, access or use any other parts of PCCW' servers, its Content and/or any data areas for which the Subscriber has not been authorised by PCCW; (iv) the Subscriber shall not assign, transfer or sub-license all or any part of it's rights or obligations under this Agreement; (v) it is not PCCW' policy to exercise any editorial control over or to edit or amend any Content which has been provided by Content Providers before it is made available through the Services; and (vi) in accordance with the provisions of the Personal Data (Privacy) Ordinance, to the extent that the Subscriber has not 'opted out' from direct marketing, the Subscriber hereby consents to PCCW using any personal data (as defined in the Ordinance) supplied in connection with this Agreement for PCCW' own internal and direct marketing purposes, to PCCW supplying such personal data to any other companies in its group or selected third parties to use for such purposes and to PCCW supplying such personal data to such third parties as may be necessary for the operation of the Hong Kong Telecommunications (HKT) Ltd. The Subscriber also consents to any such personal data being transferred to another legal jurisdiction outside Hong Kong that may not have laws protecting personal data similar to the Ordinance.

3.2 The Subscriber hereby agrees to indemnify and to keep PCCW fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by PCCW arising from or which is directly or indirectly related to (i) the Subscriber's use of the Services and any other person's use of the Hong Kong Telecommunications (HKT) Ltd where such person was able to access the Hong Kong Telecommunications (HKT) Ltd by using the Login ID and Password; and (ii) any breach or non-observance of any term of this Agreement by the Subscriber or any other person where such person was able to access the Services by using the Login ID and Password.

4. Warranties & Liability

4.1 PCCW disclaims any representation, warranty or responsibility in relation to the operation or quality of the Services, that the Services will be uninterrupted or error free, the results to be obtained from use of the Services, any Content, goods or services which may be offered by Content Providers and, to the extent permitted by law, PCCW expressly disclaims any warranties whether express or implied as to the title, fitness for a particular purpose, merchantability or standard of quality of the Services or any Content, goods or services available by or through the Services.

4.2 PCCW disclaims any liability for (i) any damage to or loss of data suffered by the Subscriber arising from the Subscriber's use of the Services; (ii) any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not which the Subscriber suffers as a result of the Subscriber's use of the Services; (iii) any claim relating to goods or services supplied, provided, sold or made available by or through the Services; and (iv) any disruption or suspension of the Services or any part thereof which is attributable to an event or circumstance beyond PCCW' control.

4.3 PCCW' liability under this Agreement shall in any event not exceed the total Fees paid by the Subscriber to PCCW for the immediately preceding twelve months prior to any incident giving rise to a claim.

5. Termination and Effect

5.1 Either party may terminate this Agreement at any time on the giving of one month's prior notice to the other.

5.2 PCCW may terminate this Agreement forthwith at any time by notice to the Subscriber if the Subscriber breaches any term of this Agreement or if the Subscriber's use of or actions in connection with the Services are inappropriate in the reasonable opinion of PCCW.

5.3 Upon the effective date of termination of this Agreement (i) all licences and other rights and privileges granted to the Subscriber under the terms of this Agreement shall forthwith cease; and (ii) the Subscriber will not be entitled to a refund of any Fees on the termination of this Agreement; and (iii) it is agreed that Clauses 1, 3.2, 4 and 6.3 shall survive the termination of this Agreement.

6. General

6.1 If any provision of this Agreement becomes or is declared illegal, unenforceable or invalid for any reason, such provision shall be deemed to be deleted from this Agreement.

6.2 No failure or delay on the part of PCCW to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.

6.3 This agreement shall be governed by Hong Kong Law and the parties hereby submit to the non-exclusive jurisdiction of the Hong Kong courts.