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MEMBER AGREEMENT
About this agreement
Your use of the dial-up Internet access service ("Service")
provided by Big Pond Cambodia (in this agreement referred to as
"we" and "us") is subject to the terms and conditions
of this agreement. Please read these terms and conditions carefully.
This agreement begins when we accept your application for membership
and continues until terminated by either party.
What we must do
We must provide you with the Service, provide you with a member
identification to access the Service and notify you by mail or electronic
mail of any variation to this agreement or the charges payable by
you.
We must make all reasonable efforts to ensure the continuity of
the Service. However, our liability for negligence, breach of contract
or contravention of any law as a result of our failure to provide
the Service or any part of it, or any problems with the Service
which cannot be lawfully excluded, is limited, at our option and
to the maximum extent permitted by law, to resupplying the Service,
or to paying for resupply of the Service.
We may use and disclose information about you for marketing, planning
and product development, subject to privacy obligations imposed
on us by law.
We will send your invoices through email to the main account every
month. Your billing date is the day you signed up.
We do not check the content of information accessed using the Service,
and we are not liable for loss or damage that you or anyone else
suffers as a result of using this information. Your use of the Service
is your responsibility and entirely at your own risk.
When your usage rises up to 80% of balance limit, our system will
send a warning message through email.
What you must do
You must pay all fees incurred for use of the Service through your
member identification and password. The current fees are as advised
in the application information provided to you, and may be accessed
from the Big Pond Cambodia home page. We may vary these fees from
time to time on one month's notice to you. Monthly fee is paid in
advance and is non-refundable.
You agree to pay all fees charged to you within 7 days upon receipt
of the invoice. If we do not receive any payment from you, the Service
will be temporary locked without further notice and you have to
be responsible for the next monthly fee invoice.
You acknowledge that you are aware that some of the content accessible
on the Internet is unsuitable for minors and warrant that no minor
will be using the service using your member identification and password
without your express permission and under your personal supervision.
You are responsible for the cost of telephone calls from your telephone
to the telephone number of the point of presence you select.
You are responsible for all equipment and software necessary to
access the Service.
You must adopt appropriate measures to ensure the security of your
member identification, member password and your data. Should any
other person obtain your password and use your account, it is totally
your responsibility to pay the account.
Your account will be automatically locked when your usage rises
up to the deposit or above.
What you must not do
You must not resell the Service, or permit any other person, other
than adult members of your household or others with your express
permission and under your personal supervision, to use your membership
identification and password to access the Service. You accept responsibility
for all aspects of use of the Service by all persons using your
member identification and password.
You must not use the Service for any activities which breach any
laws or infringe any third party rights, or breach any standards,
content requirements or codes promulgated by any relevant authority.
You must not use the Service in a way, which interferes with its
availability for other users. You must not use the Service to defame,
harass or menace any other person. You indemnify us from and against
all actions, claims, suits, demands, liabilities, costs or expenses
arising out of or in any way connected to your use of the Service.
You must not assign your rights under this agreement.
If, in our reasonable opinion, you breach these terms and conditions,
we may suspend your access to the Service.
Ending this agreement
You may end this agreement before your billing date by filling the
cancellation form at BigPond office; otherwise, you will be responsible
for the next monthly subscription fee.
Proof of identification is important to bring along with to get
back the deposit while you terminate your account.
Ending this agreement does not affect the provisions regarding
indemnity and limitation of liability.
General conditions
We may assign or novate this agreement by giving you notice in writing.
We may vary any terms or conditions of this agreement at any
time by one month's notice to you. Your continued use of the Service
after such notice will constitute acceptance of the variation.
Notices under this agreement must be hand delivered or sent
by facsimile or by electronic mail.
Agreed:
Customer's Signature BigPond Officer
(Stamp)
--------------------------------------- -----------------------------
Name:........
..
Date: .......
..
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