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PINET Informatics Limited ("PINET") agrees to provide you (“Customer” and/or
“User”) with Internet services ("Service") on the terms and conditions below.
THE WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
PINET exercises no control whatsoever over the content of the information passing through PINET’s system. Use of any information obtained via PINET is at User's risk. Neither PINET nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does PINET make any warranty as to the results from use of the Service.
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, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY PINET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER PINET NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PINET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER AND/OR USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR CUSTOMER AND/OR USER'S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF CUSTOMER AND/OR USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT PINET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, PINET’S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF CUSTOMER AND/OR USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If Customer and/or User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of PINET in operating the Service, Customer and/or User's sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, Customer/User agrees to indemnify and hold PINET, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense (including without limitation attorney's fees and cost of litigation) incurred or suffered by PINET, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of Customer/User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by Customer/User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. Customer/User shall promptly notify PINET in writing of any claim of which it is obligated under this indemnity. Customer/User shall have the right to assume the defense of any such claim. Customer/User and PINET shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Customer/User represents to PINET that he or she is 18 years of age or older. Customer/User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
Customer/User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. Customer/User accesses such materials at his or her own risk. PINET has no control over and accepts no responsibility whatsoever for such materials.
Port 25 Restrictions
Customer/User understands that port 25 is restricted for all outgoing mail servers. Customer/User must send mail through our mail server when connected to the network.
Customer/User may not:
restrict or inhibit any other customer/user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the export control laws and regulations;
post on webspace provided any sexually explicit materials or materials that may be offensive.
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
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);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
upload, post, publish, transmit, reproduce, or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users
allow users to run Maillist, Listserv or any form of auto-responds from Customer/User's account;
run or activate processes while Customer/User is not logged in;
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of Customer/User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
PINET has no obligation to monitor the Service. However, Customer/User agrees that PINET has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. PINET will not intentionally monitor or disclose any private E-mail message unless required by law. PINET reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. PINET reserves the right to suspend access to the Service for Customer/User's account. The account's suspension may be rescinded within the sole and absolute discretion of PINET following payment of a reconnection charge, to be determined by PINET in its sole and absolute discretion.
Customer/User agrees to limit their use of PINET service, specifically regarding the use of PINET electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
Customer/User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
Customer/User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. Customer/User may not purposefully misrepresent the origination information of any email messages sent while using the PINET service.
Transmission of unsolicited email or promotional material.
Customers and/or Users of PINET’s services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of this restriction will result in a ten U.S.dollar penalty for each email address for which the unsolicited or promotional material was sent. All costs associated with the collection of this fee will be the responsibility of the violator. In addition, PINET reserves the right to prosecute the user for breach of this contract and the violating user acknowledges they have purposefully and intentionally damaged PINET’s brand and image in the marketplace. The violator agrees to pay any and all legal costs incurred by PINET associated with each violation.
No System Backup
PINET does not and will not perform system backups on any Customer/User's E-mail account(s). PINET shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data
loss or system causes. Except as otherwise set forth herein, PINET will not provide historical data, to any party for any reason, regarding any system or Internet activity.
PINET does not and will not perform system backups on any web sites. PINET shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, PINET will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
PINET may deny Customer/User access to all or part of the Service without notice if Customer/User engages in any conduct or activities that PINET in its sole discretion believes violates any of the terms and conditions in this Agreement. If PINET denies Customer/User access to the Service because of such a violation, Customer/User shall not have the right (1) to access through PINET any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to Customer/User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through PINET, and PINET shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Customer/User agrees to notify PINET if Customer/User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms Customer/User supplies to PINET.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
PINET’s failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
PINET may modify this Agreement from time to time by placing a notice of such modification on our website, and Customer/User's continued use of the Service following notice of such modification shall be deemed to be Customer/User's acceptance of any such modification. It is Customer/User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If Customer/User does not agree to any modification of this Agreement, Customer/User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of Nigeria without regard to its conflicts of law provisions. Any cause of action Customer/User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
PINET shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of PINET.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming PINET as the defendant, shall be proper only in a venue determined by PINET.
In any action between PINET and Customer/User to enforce any of the terms of
this Agreement, PINET shall be entitled to recover expenses, including
reasonable attorney's fees.