| The following represents the current user agreement for users of Anbell Telecommunications Ltd., Inc. ISP service. |
This agreement may be updated periodically.
In this User Agreement ("Agreement"), " ANBELL.NET ", "We" and "Us" refer to Anbell Telecommunications Ltd. "You" or "Yours" refers to the person or entity registered to receive Internet Service through ANBELL.NET 's Internet Provider Service.
1. ACCEPTANCE. We may revise this Agreement from time to time. You should periodically check the Agreement on the ANBELL.NET web site www.anbell.net for the most current version of this Agreement or at the offices of Anbell Telecommunications Ltd or their dealers islandwide. Each time You use the ANBELL.NET Internet Service will constitute renewed confirmation that You agree to the prevailing terms and conditions contained in the Agreement and Your acceptance of all changes We make to the Agreement. Acceptance may also be indicated by your signature on this Agreement as presented to you in written form at Anbell Telecommunications Ltd offices or at our dealers islandwide. If You disagree at any time with this Agreement after signing up for service with Us, You may cancel Your service following the procedures under clause thirteen, dealing with termination of accounts.
2. REGISTRATION. By registering You agree to promptly defend, indemnify and hold ANBELL.NET and its officers, employees and agents harmless from all claims, damages, losses, liabilities and expenses arising out of or in any way connected with use of the ANBELL.NET Internet Service by You or others who use Your password and account.
3. CHARGES. You are responsible for keeping all billing data which You have provided to Us accurate and up to date. We may terminate Your account without notice to You if You provide Us with false, inaccurate or obsolete data. If You fail to pay charges when due, if a charge against Your credit card is rejected or reversed or if Your cheque is returned or otherwise not honoured by Your bank, we reserve the right to terminate your account without notice to you. To reactivate Your account there will be an additional charge of $179.40 .
4. PASSWORDS. You will receive a user ID and password when You register for ANBELL.NET Internet Service. Only one person using Your password may be logged on to the ANBELL.NET Internet Service at any time. ANBELL.NET may terminate the session and/or Your account in the event more than one person using Your password logs on to the ANBELL.NET Internet Service at one time. You are responsible for maintaining the confidentiality of the password for Your account. You acknowledge that (a) You are responsible for all activities that occur under Your password or account and (b) ANBELL.NET is not and will not be liable for all loss or damage arising from any failure to maintain the confidentiality of Your password.
5. CONDUCT. You agree that You will not, sell or resell ANBELL.NET Internet Service to any other person, business or other entity. You also agree You will not, and You will not permit others to, use Your ANBELL.NET Internet Service account to directly or indirectly (a) transmit or receive any Data that is unlawful, harmful, threatening, defamatory, pornographic (or which promotes pornography) or vulgar or that invades the privacy of others or that is otherwise objectionable, (b) transmit or receive any Data that contains a virus, Trojan horse, cancelbot, time bomb, worm or any other harmful or undesirable code or program, (c) attempt to gain unauthorized access to any computer system or network by any means, (d) interfere with any other person's use and enjoyment of the Internet, (e) attempt to intercept or view private communications not intended for You, (f) violate any applicable laws or regulations, or (g) transmit unsolicited commercial email ("UCE") or unsolicited bulk email ("UBE") messages, or (h) commercial use of ANBELL.NET web space. ANBELL.NET shall have the right to immediately terminate Your account if ANBELL.NET believes, in its' sole discretion, You, or others using Your account, are transmitting or otherwise participating, directly or indirectly, in any SPAM or other unsolicited bulk email activity. You will hold Us blameless in any claims against You for violation of any laws while using the ANBELL.NET internet service.
6. YOUR EQUIPMENT AND TELEPHONE LINES. In order to access and use the ANBELL.NET Internet Service, You must provide, at Your expense, all input/output devices, such as modems, computers and software, and communication services, which are necessary to obtain and maintain a connection to ANBELL.NET 's servers and equipment.
7. SUPPORT. If You experience problems with Your ANBELL.NET Internet Service You may contact ANBELL.NET by telephone at 1-888-CONTACT or email support@ Anbell.Net . In addition, ANBELL.NET maintains a staff of customer service representatives who will be available to receive your calls between the hours of 9am - 10pm Monday - Saturday, and 10am - 6pm on Sundays. Whether You contact ANBELL.NET by telephone, voice mail or email, we will use commercially reasonable efforts to respond to You within 24 hours.
8. PRICING. ANBELL.NET reserves the right to modify its' prices, services or packages at any time. ANBELL.NET will provide notice of any changes to its' customers by e-mail or by posting the notice on the ANBELL.NET website. It is the sole responsibility of the customer to remain abreast of such information by browsing the appropriate sections of the ANBELL.NET website from time to time. No price change will take place without a minimum of 15 days notice. Such changes would take effect at the end of a customer's current billing cycle if that end date is 15 days or more from the date on which the notice was issued or otherwise at the end of the customer's next billing cycle.
9. USER NAMES AND STORAGE ON E-MAIL ACCOUNTS. ANBELL.NET reserves the right to reissue Your username with immediate effect provided You have terminated Your account with Us or that ANBELL.NET has terminated Your account in accordance with clause thirteen of this agreement. E-mail messages received by You at Your ANBELL.NET address may be discarded by ANBELL.NET if the storage limit is exceeded. The email facility provided by ANBELL.NET is a POP3 only service, which requires the use of POP3 client software; as such we do not sore messages on our servers indefinitely.
10. DISCLAIMER OF WARRANTIES. EXCEPT WHERE PROHIBITED BY LAW, ANBELL.NET MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND DOES NOT WARRANT THAT THE INTERNET SERVICE PROVIDED BY ANBELL.NET WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS BASIS".
11. LIMITATION OF LIABILITY. YOU AGREE THAT ANBELL.NET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ANBELL.NET INTERNET SERVICE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (c) ANY OTHER MATTER RELATING TO THE ANBELL.NET INTERNET SERVICE.
12. RIGHTS TO DAMAGES. ANBELL.NET RESERVES THE RIGHT TO CLAIM ECONOMNIC DAMAGES FROM YOU IF YOU VIOLATE THIS AGREEMENT AND CAUSE US ECONOMIC HARM.
13. TEMPORARY SUSPENSION OF ADSL. TEMPORARY SUSPENSION OF ADSL SERVICE CANNOT BE FACILITATED. CUSTOMERS WISHING TO SUSPEND SERVICE MUST INSTEAD CLOSE THEIR ACCOUNT, HEREBY INCURRING AN ADDITIONAL SETUP CHARGE WHEN RESUMPTION IS REQUIRED.
14. BANDWIDTH DELIVERY. SUBSCRIBED BANDWIDTH IS NOT GUARANTEED AND IS DELIVERED VIA A BEST EFFORT METHOD.
15. GENERAL TERMINATION You may cancel Your account at any time if You notify us at least 5 days in advance. You agree that (a) ANBELL.NET , in its' sole discretion, may terminate Your password and account at any time, with or without notice to You, (b) when Your account is terminated or canceled, either by You or by Us, without regard to the reason for the termination, ANBELL.NET may remove and discard any Data that You have stored on ANBELL.NET servers, hard drives or other equipment or hardware and (c) ANBELL.NET shall not be liable to You or any third party for any termination or cancellation of Your account or for removing or discarding Data. If You have not breached any term of this Agreement and We cancel Your account, we will refund to You a prorated portion of any charges You have paid for service after the cancellation date.
16. TERMINATION OF TERM CONTRACTS. ACCOUNTS STARTED UNDER A TERM CONTRACT WILL ATTRACT A PENALTY FEE OF JA$4,000.00 IF SERVICE IS TERMINATED ON EITHER SIDE, BEFORE THE CONTRACT PERIOD EXPIRES.
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