DISCLAIMER AND LIMITATION OF LIABILITY

The information ("Information") accessible by you ("USER") using ni.net has many sources that are not controlled by Norfolk Island Internet  (collectively "ni.net").

USER's Duty:

USER shall 1) Determine whether the Information complies with USER's needs; 2) Determine whether USER has adequate legal rights to store, reproduce or otherwise make use of Information in the manner contemplated by USER; 3) Comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, and export laws; and 4) Isolate Information, execute anti-contamination software and otherwise take steps to ensure that Information, if contaminated or infected, will not damage USER's information or system.

INFORMATION Not Warranted Or Guaranteed In Any Way

NI.NET IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NI.NET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO NI.NET OR ANY 'INFORMATION.'

ni.net does not warrant or guarantee 1) the accuracy, adequacy, quality, currentness, validity, completeness, or suitability of any Information for any purpose; 2) that any Information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 3) that the Information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 4) that the functions or services performed by ni.net will be uninterrupted or error-free or that defects in ni.net will be corrected.

No ni.net Liability

In no event shall ni.net be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the Information. ni.net will not be responsible if any Information infects or contaminates a USER's system or information. The entire risk as to the quality and performance of ni.net and the accuracy, adequacy, completeness, currentness, validity and quality of any Information is with the USER.

IN NO EVENT WILL NI.NET BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE NI.NET OR ANY 'INFORMATION', EVEN IF NI.NET SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY 'INFORMATION.'