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in WORD 97 format.
Clients using the services of NEThabitat are subject to
compliance with the terms and conditions set forth below. Under the terms of this
agreement, your acceptance of NEThabitat services is an acknowledgement
that you have read and understood this agreement, and that you agree to be bound by the
terms and conditions below. If you do not wish to be bound by these terms and conditions,
you should not proceed to engage NEThabitat services.
1. USER CONDUCT
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NEThabitat services may only be
used for lawful purposes. Any use of these services which violates national or
international laws which may apply to NEThabitat, your local
jurisdiction, or any jurisdiction that you or your site may be subject to is strictly
prohibited.
While using the service, you may not:
A. Restrict or inhibit any other user from using
and enjoying the Internet;
B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
offensive, indecent, pornographic, profane, or otherwise objectionable information of any
kind, including without limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offence, give rise to civil liability, or otherwise
violate any national or international law, including without limitation laws protecting
intellectual property including copyright, trademark, trade secret, misappropriation and
anti-dilution laws;
C. Post, publish, transmit, reproduce or distribute any information or software which
contains a virus or other harmful component;
D. Post, publish, transmit, reproduce, distribute or in any way exploit any information,
software, or other material obtained through the service for commercial purposes (other
than as expressly permitted by the provider of such information, software, or other
material)
2. CHARGES
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A. Usage charges will be calculated in accordance
with the Rate Schedule (Price Matrix)
B. The charge for the subscribers entitlement to use the service on a monthly basis
is a monthly fee, which is payable monthly in advance by the subscriber of NEThabitat.
A pro rata amount will be levied for days in month of registration. All monthly payments
must be submitted on or before the first working day of every month. Payments not received
on the 5th of every month, will result in a R20-00 penalty. The first invoice of all newly
registered accounts has to be settled within 7 days of invoice.
C. The charge for the subscribers entitlement to use the service on an annual basis
is payable in full in advance by the subscriber to NEThabitat within 14
days of placing the order. Should the client decide to cancel the subscription a refund
will be made to the client on a pro rata amount basis for time not used. This refund will
be on hosting services only. No refund will be made for Domain registration or other
registration/set-up costs.
D. NEThabitat reserves the right to adjust service charges at their sole
discretion
3. TERMINATION
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The agreement shall continue indefinitely and
shall be terminable on the expiry of one calendar months written notice given by either
party to the other.
4. INDEMNIFICATION
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You agree to
indemnify, defend, and hold harmless NEThabitat from any and all
liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action
or claims caused by or resulting indirectly from your use of the service which damages
either you, NEThabitat, or any other party or parties without limitation
or exception. This indemnification and hold harmless agreement extends to all issues
associated with your account, including but not limited to domain name selection and web
site content.
5. REFUSAL OR DISCONTINUANCE OF SERVICE
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NEThabitat reserves the right to
refuse or discontinue all or part of the service without notice to anyone if you engage in
any conduct or activities that NEThabitat in its sole discretion believes
violates any of the terms and conditions in this agreement. NEThabitat
shall have no responsibility to notify any third-party providers of services, merchandise,
or information, nor any responsibility for any consequences resulting from such
discontinuance or lack of notification. You agree that NEThabitat has the
right to monitor the service electronically from time to time and to disclose any
information as necessary to satisfy the law, or to protect itself or its subscribers. NEThabitat
reserves the right to refuse to post or to remove any information or materials, in whole
or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation
of this agreement.
6. WARRANTIES
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NEThabitat makes no warranties
or representations of any kind for the services being offered. The service is provided on
an "as is" and "as available" basis without warranties of any kind,
either express or implied, including but not limited to warranties of title,
non-infringement, or implied warranties of merchantability or fitness for a particular
purpose. No advice or information given by NEThabitat or its agents or
employees shall create a warranty. NEThabitat provides no warranty that
the service will be uninterrupted or error free or that any information, software or other
material accessible on the service is free from viruses or other harmful components. Under
no circumstances shall NEThabitat be liable for any direct, indirect,
special, punitive, or consequential damages that result in any way from your use of or
inability to use the service, or for third parties' use of the service to access your Web
space, or to access the Internet or any part thereof, or your or any third parties'
reliance on or use of information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation or transmission, or any failure of performance. If
you are dissatisfied with NEThabitat service or any of its terms,
conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is
to discontinue using the service.
You understand that by placing information on NEThabitat
servers that such information becomes available to all Internet users and that NEThabitat
has no way of limiting or restricting access to such information or protecting such
information from copyright infringement. You assume total responsibility and risk for your
use of NEThabitat servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of all opinions,
advice, services and other information, and the quality and merchantability of all
merchandise provided through NEThabitat or on the Internet generally.
7. IDENTIFICATION INFORMATION
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You agree, as the person legally responsible for
use of this account, to supply NEThabitat with a current and truthful
name, postal address and telephone number for our records, and you have a continued
obligation to keep this information current. You also agree that you are an authorised
user of any credit card that you supply to us and agree that we have an obligation to
fully investigate any possible fraudulent credit card use.
8. NO INTERFERENCE WITH OPERATION OF
SYSTEM
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You agree not to maliciously or intentionally
interfere with the proper operation of the system, including but not limited to defeating
identification procedures, obtaining access beyond that which you are authorised for, and
impairing the availability, reliability, or quality of service for other customers. You
further agree not to interfere with the proper operation of other systems reachable
through the Internet, including any attempt at unauthorised access. You agree to follow
the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as
published online by NEThabitat, including restrictions on services
available with each account type, restrictions on certain features, and all other policies
designed to protect and enhance the quality and reliability of service at NEThabitat.
You agree to abide by any and all future NEThabitat policy decisions.
9. SECURITY
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You agree that the
security of your account is solely your own responsibility. You further agree that if you
believe the security of your account has been compromised in any way, you will notify NEThabitat
immediately in writing by registered mail, return receipted, to NEThabitat, PO Box
2108, Florida Hills, 1716, South Africa. You shall be held fully responsible for
any misuse or compromise to your account for which NEThabitat is not
properly notified. You agree that if any security violations are believed to have occurred
in association with your account, NEThabitat has the right to suspend
access to the account pending an investigation and resolution. You also agree that NEThabitat
has the right to co-operate in any government or legal investigation regarding any aspect
of our services, including services sold to you. Any use of our system to engage in
software piracy or other violations of law will result in account suspension and be
immediately reported to the appropriate authorities.
10. BACKUP OF DATA
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Your use of the service is at your sole risk. NEThabitat
is not responsible for files and data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all appropriate backups of
files and data stored on NEThabitat servers.
11. TRANSMITTAL OF MATERIALS
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You agree not to transmit unsolicited or
prohibited advertising or other harassing or illegal materials through electronic mail or
other Internet media. The use of NEThabitat or any other service with
reference to services obtained through NEThabitat, for unsolicited mass
mailings, postings, or other activities considered an annoyance to others, commonly
referred to as "spamming" is strictly prohibited and may cause your services to
be terminated immediately and without warning and you will be held fully responsible for
any damages to you, NEThabitat, or any other party or parties resulting
from any such conduct.
12. PRIOR AGREEMENTS
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This agreement supersedes any written,
electronic, or oral communication you may have had with NEThabitat or any
agent or representative thereof, and constitutes the complete and total agreement between
the parties.
13. SEVERABILITY
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If any provision of this agreement is determined
to be invalid or unenforceable, all other provisions shall remain in full force and effect
and said provision shall be reformed only to the extent necessary to make it enforceable.
Other Information
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This is our account service contract. It is
fairly standard legalese. Although it may sound harsh, rest assured that we have nothing
but good intentions towards our customers. Like all of our policies, the contract is
designed to maximise the efficiency and quality of our service for all customers.
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