General Internet User Agreement – Terms and Conditions
1. This agreement is between you, ("the SUBSCRIBER") and cpNet. The SUBSCRIBER, BY SIGNING THIS, ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. Subject to this agreement, cpNet grants you non-exclusive access to our Internet and computing services in exchange for fees and compliance with this and any other relevant agreement. The Rate and amount of access time will be set out in the Internet Access Application Form. These services are for THE SUBSCRIBER for single simultaneous use ONLY; the SUBSCRIBER may not assign or transfer it. Users under the age of 18 must submit a signed release form from their parent or legal guardian in which the parent or guardian will take full legal responsibility for the action of the minor. Anyone who uses cpNet shall be jointly and severally liable to the whole of this agreement. This Agreement is effective upon the SUBSCRIBER signing the Internet Access Application Form.
3. The SUBSCRIBER WILL PAY ANY MONTHLY FEES IN ADVANCE and/or additional charges for services rendered by cpNet to you, based on this agreement or any subsequent agreement(s) or services provided. Payment is to be rendered on or by the first day of your monthly billing period. cpNet shall charge twelve percent (12%) per annum on all overdue accounts and reserves the right to terminate any and all services immediately. Any SUBSCRIBER who is removed due to late or non-payment of fees will be liable to repay setup fees upon reactivation of the SUBSCRIBER’S account. The SUBSCRIBER will be liable for any charges owing to cpNet, including any payment owing on terminated accounts.
4. The provision of service access at any particular connection speed does not constitute a guarantee of the end to end throughput or bandwidth available to the SUBSCRIBER. Further, cpNet will not be held accountable for any loss of income, data or damage for any reason including: delayed or lost deliveries and system unavailability, etc.; whether caused by its or by any of its agents’ negligence or by errors and omissions by the SUBSCRIBER. cpNet will not be held accountable for any materials which may be found on the Internet or obtained from it. cpNet is not responsible for the content and quality of service offered by remote servers. Use of software obtained via the Internet is at your own risk. cpNet is not responsible for the quality of said software or any damage resulting from it. cpNet exercises no control over the content of the information passing through it; cpNet is a “common carrier”. cpNet will take reasonable effort to ensure the privacy of the SUBSCRIBER’S materials; this is not a guarantee. For complete privacy, we recommend you obtain privacy software which is freely available.
5. cpNet MAY ONLY BE USED FOR LAWFUL PURPOSES. Transmission of any material in violation of any level of government regulation or law is strictly prohibited. This includes, and is not limited to: copyrighted materials, trademarks, patents, materials which may be considered to be threatening, obscene and/or libelous, in breach of Netiquette and/or any conduct which cpNet deems to be unreasonable.
6. cpNet reserves the right to restrict, suspend, and revoke the access of the SUBSCRIBER at its own discretion, if any part of this Agreement is not complied with. Upon termination of this agreement, cpNet will preserve the information of the SUBSCRIBER for a minimum period of 30 days and forward it to a location of your choosing via the Internet or make other arrangements for delivery or pickup provided that all outstanding fees have been paid in full. cpNet reserves the right to terminate and or alter any or all of this agreement including the rate charged. If cpNet exercises this discretion, written notice will be provided to the SUBSCRIBER a minimum 30 days in advance.
7. These terms and conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variances, offers, and promotions by cpNet. If any part of this agreement is found to be unenforceable, the rest of the agreement will be held to be in effect.
8. The SUBSCRIBER WILL INDEMNIFY and HOLD HARMLESS cpNet from any claims resulting from this agreement.
2. cpNet's service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that cpNet reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, cpNet will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your responsibilities and registration obligations
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify cpNet of any unauthorized use of your user account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive. cpNet will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without cpNet's prior written consent;
(e) you will not provide any content that may give rise to cpNet being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents, or trade secrets.
7. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant cpNet a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant cpNet the license specified in this section 7;
(c) you acknowledge and agree that cpNet will have the right (but not obligation), at cpNet's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. cpNet will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND CPNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CPNET MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER CPNET NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT CPNET WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regard