Condition of Use Part 1
Part 1
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| 1 |
Definitions
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Where
used in these conditions, the following words shall have the following respective meanings unless the context otherwise requires:
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- "Application Fee" means the registration fee (if any) payable by the Customer to the Company or such amount as may be specified in the Company's Schedule of Charges from time to time.
- "Application Form" means the Company's standard form of application for provision of the Service.
- "Company" means DATEC (PNG) LIMITED.
- "Contract" means the contract between the Company and the Customer comprised of the Application Form and these conditions.
- "Customer" means the applicant specified in the Application Form.
- "Service" means access via the Customer's computer(s) to the Company's network including computer communications facilities, computer resources and disk storage.
- "Service Fees" means the service fees payable by the Customer for the Service as published by the Company in its Schedule of Charges from time to time.
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| 2 |
Scope
of Contract |
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Subject
to the due compliance by the Customer
of its obligations under the Contract,
the Company shall supply the Service
to the Customer at such time and by
such means as the Company from time
to time deems appropriate. |
| 3 |
Term
of Contract |
| 3.1 |
The
Contract shall commence on the earlier
of acceptance by the Company of the
Customer's Application Form and the
date upon which the Customer first
uses the Services. |
| 3.2 |
The
Customer may terminate the Contract
at any time by giving fourteen (14)
days written notice to the Company. |
| 3.3 |
If
the Contract is terminated by the
Customer pursuant to Clause 3.2, the
Company shall be entitled to retain
any monies paid. |
| 3.4 |
To
cancel an account (thereby terminating
this contract) the Customer must contact
via e-mail, phone, fax or postal mail
with your username, your full name,
address, and contact phone numbers.
Failure to respond to invoices will
not terminate the Customer's account
automatically. The account is automatically
renewed when the Customer prepaid
period expires- its cancellation must
be specifically requested. |
| 4. |
Use
of Service |
| 4.1 |
The
Customer shall not use the Service
or permit the same to be used by any
other person or entity for any illegal
purpose. |
| 4.2 |
| The
Customer shall not use the Service
or permit the same to be used by any
other person or entity for sending
to any person, or receipt by any person
including the Customer of, any communication
which is: |
| (a) |
offensive; or |
| (b) |
abusive; or |
| (c) |
obscene; or |
| (d) |
indecent; or |
| (e) |
menacing, or |
| which causes or is intended to cause
annoyance, inconvenience or anxiety
to any person. |
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| 4.3 |
It
is the Customer's responsibility to
ensure that any computer(s) used for
access to the Service are appropriately
licensed for any software used in
such access. |
| 4.4 |
The
Customer shall comply with all laws
relating to the use of the Service. |
| 4.5 |
The
Customer shall indemnify and keep
indemnified the Company against all
costs and liability incurred as a
result of any breach by the Customer
of the obligations of the Customer
under the Contract. |
| 4.6 |
The
Customer must be at least eighteen
(18) years of age. A minor's parent
or legal guardian may authorise the
minor's use of the account, but must
assume all liabilities resulting from
the minor's use of the Company's services. |
| 5 |
Third
Party Providers |
| 5.1 |
The
Customer acknowledges and agrees with
the Company that third party providers
of information may impose additional
terms and conditions regarding the
provision and/or use of their information
and/or services and that such terms
and conditions may limit or purport
to limit such third parties from liability
regarding the information and/or services
provided by them. |
| 6 |
Access |
| 6.1 |
The
Customer must at all times comply
with verbal, written or electronic
(including electronic mail and web
page) instructions given by the Company
from time to time in respect of access
to the Service. |
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Conditions of Use
Part 1
| 2
| 3 |
