Kemmunet Terms & Conditions includes the Acceptable Use Policy
1. Service Obligation
1.1 Kemmunet will use reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of Kemmunet, or by errors or omissions of the Customer.
1.2 Kemmunet will use reasonable endeavours to maintain the User-to-Line ratio, as published from time to time, applicable to the Access Service Plan contracted for. This ratio may be increased temporarily, due to maintenance work.
1.3 This agreement contains express warranties, undertakings and obligations of Kemmunet. All other conditions, warranties, terms, undertakings and obligations of Kemmunet whether implied by statute, law, common law, custom, trade usage or otherwise and all duties of care, contractual or otherwise, and all liabilities (if any) of Kemmunet arising therefrom are hereby wholly excluded.
1.4 The liability of Kemmunet (if any) in contract, tort, negligence or otherwise arising out of or in connection with supply of services hereunder shall be limited in respect of any one event or a series of two or more connected events to not more than the cost of one year's subscription fee or € 1,165 whichever is the less.
1.5 Kemmunet excludes any warranty as to the quality or accuracy of information received through the service. The Warranty for Latent Defects is hereby being excluded.
2. Suspension of Service
2.1 Kemmunet may elect to suspend the Service immediately on breach of any of the terms and conditions of this Agreement, including without limitation late or non-payment of sums due.
2.2 From time to time certain POPs (Points of Presence) or the whole or part of the Network may be closed down for routine repair or maintenance work. Kemmunet shall give as much notice as possible in the circumstances and shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
2.3 No rebate or refund of fees shall be made in regards to any such suspension of service.
3. Improper Use
3.1 Use by the Customer
The Customer acknowledges that it may only use the Service for lawful purposes. The Customer warrants that:
3.1.1 it shall not knowingly use the Service to receive or transmit material that is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right, or otherwise unlawful,
3.1.2 its account is to be used by a single user only (unless otherwise agreed to in writing) and that it will not allow simultaneous access using the same log-in,
3.1.3 it, as the registered user, of the account will keep the username and Password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text,
3.1.4 if the password becomes known to any other unauthorised user it will inform Kemmunet immediately,
3.1.5 any breach of these obligations shall entitle Kemmunet to immediately terminate the Service to the Customer.
3.2 Use by others shall be deemed to be improper use and shall entitle Kemmunet to terminate the Service. No rebate or refund of subscriptions or other fees shall be made in respect of such termination.
3.3 The Customer hereby indemnifies and agrees to keep Kemmunet fully and effectually indemnified from and against any and all losses, costs , actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Kemmunet in consequence of the Customer's breach or non-observance of these terms and conditions.
3.4 The Customer shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Kemmunet arising from the above claims and shall provide Kemmunet with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.
3.5 The Customer acknowledges that Kemmunet is unable to exercise control over the material sent over the Service and that Kemmunet hereby excludes all liability of any kind for the reception by the Customer of offensive, threatening, or obscene material.
4. Connection to other networks - The service may be used by the Customer to link into other networks worldwide, and the Customer agrees to conform to the acceptable use policies of such networks.
5. Restriction on sub-leasing/re-selling - The Customer in entering into this contract undertakes that it will not assign, re-sell sub-lease or in any other way transfer the Kemmunet connection. Contravention of this restriction in any way, whether successful or not, will result in the Service being terminated by Kemmunet. No rebate or refund of subscription or other fees shall be made in respect of any such termination.
6. Assignment - Kemmunet shall be entitled to assign this Agreement either in whole or in part. This Agreement shall be personal to the Customer who shall not be entitled to assign this Agreement in whole or part.
7. Data Protection
Kemmunet reserves the right to put the names and other information from the registration form relating to its Customers into a computerized directory for internal use only, unless specific written instructions are received from the Customer. This contract shall be governed and construed in accordance with the Laws of Malta.
8.
Changes to terms and conditions
ISP may modify these
terms and conditions upon notice published online via the ISP web site (http://www.kemmunet.net.mt),
and email notification to the Customer at the ISP provided email box. The new
terms and conditions will come into force within 30 days of publication. Should
the changes made to the Terms and Conditions be of material impact on the
service provided, the Customer has a right to request cancellation of service
during the 30 day period, and pro rata refund for any unused portion of the
service will be issued by the ISP.
INTERNET ACCEPTABLE USE POLICY
INTRODUCTION
Kemmunet Ltd. (ISP) generally offers multiple services to it's customers. In
our role as Internet Access Provider we do not exercise control over the
content of the information passing through our Network Operating Centre (NOC);
we only provide access for our customers. Users must take full responsibility
for their actions on our network and other networks beyond. Customers
downstream from ISPs offering internet services through their sub networks
must themselves abide by and enforce on their users this Acceptable Use
Policy.
PURPOSE
This document describes the rules which must be adhered to in order to
continue to enjoy and allow others to enjoy optimum use of the Internet
services in a responsible, ethical and legal manner.
POLICY
The user shall:
1.0 protect the secrecy of the password assigned to him at all times and shall
ensure that this is not revealed or disclosed to any person.
1.1 at all times use only his own email name and use only his password to
access the service. Multiple concurrent logins of the same account are not
allowed.
1.2 act responsibly when consuming resources. The Internet does not have
unlimited resources. Profligate use is unacceptable.
1.3 make himself aware of and respect the conventions, guidelines and culture
of the Internet and, where in doubt, to enquire with his Internet Services
Provider.
The User shall not use the service:
2.0 for any unlawful purpose such as, but not limited to bribery, fraud,
illegal drug dealing, gambling, obscenity, prostitution or other criminal
purpose whatsoever.
2.1 for sending to or knowingly receiving from any person or for displaying or
publishing any message or graphic which is abusive, defamatory or of an
indecent, obscene or menacing character.
2.2 to post or transmit any information or software which contains a virus,
Trojan, worm, time bomb or other harmful component.
2.3 for sending unsolicited e-mail messages to multiple recipients unless
these have specifically requested to be added to a mailing list on a
particular topic.
2.4 to copy, publish, post, transmit, reproduce or distribute in any way or
manner whatsoever, information, software or other material which is protected
by a copyright owner's permission.
2.5 to gain or attempt to gain access to any computer system connected to the
internet without authorization by the owner of such computer system.
2.6 to access or attempt to access, change or manipulate information or data
which are private to individuals and organizations unless explicit permission
to do so has been granted by the owner.
