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User agreement

Please read this agreement in its entirety. All users of our service will be bound by this agreement, which may be updated by us from time to time without notice to you.

This User Agreement (the "Agreement") governs the terms of the use by Client of services offered by NinerNet Communications Company ("Provider").

Client agrees to receive access to the Provider's services according to the following terms and conditions:
  1. Selection of Service Plan. Client will select one of the service plans offered by Provider, and agrees to receive services according to the service plan selected.
  2. Payment for Services. Client will pay for services provided under this Agreement by cash, cheque, money order, or credit card submitted to Provider. When initiating service, Client will be charged a minimum of:
    • the published set-up fee for the service plan selected, and
    • three full months' charges for the service plan selected.
    On or about the fifteenth day of the month at least one month before the expiry of Client's service, Client will be invoiced via e-mail for payment for services according to Provider's published schedule. If this Agreement is terminated on some day other than the expiry date of the service, Client will be obligated to pay for only the pro-rata portion of the service plan charges owing.
  3. Term. This Agreement may be terminated by Client or Provider at any time without prior notice and without cause. If either party is in default under this Agreement (including non-payment), then the non-defaulting party may also immediately terminate the Agreement without prior notice to the other party.
  4. Compliance with Law. Client will use the services offered by Provider in a manner consistent with all applicable local, provincial and federal laws and regulations.
  5. File Back-up. Provider is not responsible for Client's files residing on Provider's servers. Client is solely responsible for independent back-up of data stored on Provider's servers.
  6. Prohibition of Publication of Certain Material. Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):
    1. any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
    2. any material that is libellous or slanderous;
    3. any material which is or contains anything obscene;
    4. distribution lists to be used via unsolicited electronic mail or other mass electronic mailings including but not limited to: mass-newsgroup postings, SPAM and unsolicited e-mail sent from your server, or any other service on the Internet, which contains your domain name or any other domain name on our network; or
    5. any abuse of shell account privileges including but not limited to:
      1. Use of any program/script/command, or sending messages of any kind, designed to interfere with a users terminal session, via any means, locally or by the Internet.
      2. Attempts to circumvent the idle daemon or time charges accounting, or attempts to run programs while not logged in by any method.
      3. Repeated running of CPU-intensive user-compiled programs which negatively impact other system users.
      4. Running eggdrop or any other IRC bot which is connected to a remote IRC server.
    Any violation of the above conditions will result in termination of Client's account.

    Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. Provider does not screen in advance Client's material submitted to Provider for publication. Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
  7. DISCLAIMER OF WARRANTIES. PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

    PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
  8. Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Provider or its customers may utilise.

    NinerNet Communications Company does not guarantee the availability of the domain name that you want, even if the domain name appears to be available at the time of your registration request. As we rely on a second party to fulfil these registrations, NinerNet cannot be held responsible for this process. The domain name that you register is not finalised until you receive a bill telling you the domain name is registered.

    NinerNet assumes no responsibility or liability for the successful acceptance and/or registration of your proposed domain name registration.

    Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Provider be liable to Client for any damages resulting from or related to any failure or delay of Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Provider's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
  9. Indemnity. Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.
  10. Resale of Provider's Service. If Client acts as a "reseller" of the services provided by Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Section 9 ("Indemnity") shall apply to any and all claims made against Client and/or Provider which arise out of the resale of Provider's services.
  11. Governing Law/Venue. This Agreement shall be governed by the laws of the Province of British Columbia. Venue for any action hereunder shall be in Richmond, British Columbia, Canada.
  12. Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
  13. Taxes. If any federal, provincial or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
  14. Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
  15. Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.
  16. IP Addresses. Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
  17. Cancellation. In order to stop service, Client must follow the steps below:
    1. Make certain that you want to cancel your service before sending us a cancellation notice. Once your service is cancelled, there is a published fee to reinstate your service once it has been terminated.
    2. Send an e-mail message to support from your administrative e-mail address with the following information:
      • The domain name or user ID of the service you want to cancel,
      • The date you would like to stop service, and
      • The current password of your service.
    3. We will respond to your e-mail message via e-mail to confirm your wish to cancel your service. You are required to confirm your wishes via e-mail in response.
    4. Finally, we will telephone you at the phone number we have on file for your account to confirm your wishes.
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Since 1996!

All is well, Thanks IT Doctor :-) --Jewel of Africa, Zambia