| NetConnect reserves the right to deny access to any potential Client at its discretion. NetConnect shall provide the Client with access to the World Wide Web network known as the Internet including communications and data exchange with other organizations that have access to the Internet. This access will be available 24 hours per day, 7 days per week except during operational faults or scheduled maintenance and is hereafter referred to as "the Service". NetConnect provides no guarantees regarding the availability of the Service. The Client indemnifies NetConnect against any losses by the Client resulting from non availability of the Service Any advice provided by an Officer of NetConnect provided in good faith. Any Client who acts on advice of an Officer of NetConnect does so at the Client's own risk, and indemnifies NetConnect against any problems that may arise from acting upon that advice. The Service cannot be used by an individual or group of persons for any activities of an illegal or fraudulent nature and/or unauthorized use of copyright material. All Dial-up accounts are for single dial-up access only. This means that the Service cannot be accessed for more than one concurrent session. Payment The Client agrees to pay all such charges as are incurred through usage of the Service. Payments are collected by means of a debit order system implemented by NetConnect. If the NetConnect is unable to collect payment via the debit order system due to insufficient funds within their bank account, NetConnect reserves the right to immediately and without notice withdraw access to the Service. NetConnect reserves the right to vary the rate of charging at any time by giving the Client a minimum of 20 days notice before such charges comes into effect. This notice may be in the form of e-mail, post, or update on the Web. It is the Client's responsibility to notify the NetConnect in writing if the Service is no longer required. The Client agrees to pay all such charges as are incurred in the recovery of any monies owing to the company, not limited to bank fees, collection agency fees and stationary costs. Client Responsibilities The Client will not use the Service so as to interfere with of disrupt network users, services or equipment. Disruptions include, but are not limited to distribution of unsolicited advertising, propagation of computer worms and viruses, transmitting of excessive traffic (such as ping floods), using the network to make unauthorized entry to any other machine accessible via the Service, sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic mail messages and Usenet news postings. The Client agrees to refrain from posting of messages to inappropriate Usenet newsgroups, to refrain from mass, unsolicited mailing's, to post advertisements only where appropriate, and in venues that specifically encourage or allow advertising. The Client hereby indemnifies NetConnect in respect to any loss or damage action claim suit or proceeding against NetConnect by any person arising out of use of the Service by the Client including but not limited to the transmission of any illegal and/or fraudulent material. It is the Client's responsibility to ascertain the full cost of accessing NetConnect, including but not limited to carrier charges imposed by any telephone company used to access the Service. Although Officers of NetConnect may provide advice regarding telephone carrier charges, it is the Client's responsibility to confirm this advice by contacting their carrier directly. The use of the Service is at the sole risk of the Client. NetConnect does not and cannot monitor or control the content and information accessed via the Service and NetConnect, its agents or its employees shall not be held responsible in any way for any content or information accessed via the Service. The Client is responsible for the selection and use of security features and back up any information. NetConnect takes no responsibility for any information or data stored on its machines or passing trough the network. The Client takes full responsibility for all users of NetConnect, whether such usage is a result of deliberate and/or negligent action on their part. NetConnect has no control over the content of material available over the Internet. Parents are cautioned to supervise their children closely and all customers are cautioned to use due care when using any software acquired over the Internet Termination This Agreement may be terminated by either party with the giving of 30 days notice to the non-terminating party. NetConnect reserves the right to temporarily disconnect the Client in the event of serious operational security incidents arising through the Client's connection to NetConnect, or in the event of continued abuse of this agreement by the Client. Either party is entitled to immediately terminate this agreement by notice in writing to the other party in the event that: the other party has committed a material breach of this agreement and failed to rectify this breach within 20 days of receiving notice of the breach; or if an order is made or an effective resolution is passed for the winding up of the other party; or an administrator of the other party is appointed. |