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| Terms & Conditions Pt1 - Pt3 | Terms & Conditions Pt 4 | Terms & Conditions Pt 5 - Pt 7 | Terms & Conditions Pt 8 - Pt 10 |
 
Terms & Conditions
Benet's Terms
& Conditions
Pt 1 - Pt 3
1. PARTIES TO THIS AGREEMENT

This agreement, by and between Benet Internet Services (Benet) and the Customer, for the provision by Benet of computer and network services for internet access, for the exclusive use by the Customer, herein referred to as the account.
2. NONTRANSFERABILITY

This agreement is nontransferable. Use of a Benet account is expressly limited to the individual or business whose name appears on the account.
3. CONFIDENTIALITY

a)This agreement applies to the Customer only and does not extend to any other person, corporation or entity. This account is considered personal and private, and under no circumstances is the account login name or password to be shared by the Customer with any other party. Customer is responsible for all use of the account and the confidentiality of all associated passwords. Benet shall suspend access or change access to Customer's account immediately upon notification by Customer that the password has been lost, stolen or otherwise compromised. Benet shall not be liable for any account usage and/or charges incurred prior to Benet making the necessary account alteration after notification by the Customer.

b)No more than one dial-up connection may be used at any time for each separate account held by the Customer. Accounts which have been shown to be transferred to other parties or show other activity in violation of this paragraph, are subject to immediate cancellation without refund.
 
Terms & Conditions
Benet's Terms
& Conditions
Pt 4

4. USE OF THIS ACCOUNT

a) Customer agrees to use the provided services in strict accordance with, but not limited to, all local, state and federal laws. Customer hereby agrees that any material submitted for publication via Benet facilities is free from violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others, and is free from obscenity or libel.

b) Use of this account to violate the security of any computer network, computer system or facility, to obtain other passwords or encryption codes, to transfer or store illegal material including that deemed threatening or obscene, or to engage in any kind of illegal activity is expressly prohibited.

c) Customer shall abide by all Acceptable Use Policies of all networks the User connects to, including any Benet Acceptable Use Policies. Customer shall abide by all rules, regulations and policies of those networks and computer systems accessed via Customer's account.

d) "Denial of service" attacks are expressly prohibited. A denial of service attack is an attack which uses system or network resources in any way that denies resources to other users. Such attacks include, but are not limited to, excessive time usage, excessive disk space usage, excessive memory usage, and programs that consume excessive CPU resources.

e) Third party traffic, including, but not limited to, UseNet News postings and electronic mail, sent using the Customer's account is expressly prohibited.

f) Customer agrees that Benet has the right to suspend activity of an account for any reason, including without limitation, the investigation of policy or agreement violations, inappropriate use, use of excessive system or network resources, or nonpayment of fees.

g) Customer hereby acknowledges that certain materials freely available via the Internet are of an adult nature, and hence may be inappropriate for minors. If Customer is less than 18 years of age, this Agreement must be signed by a parent or legal guardian. The parent or guardian signing this agreement hereby agrees to exercise appropriate supervision of Customer when using the account. Benet shall not be liable for any exposure of Customer to such materials. Customer shall, at the sole discretion of Benet, provide proper identification to determine whether Customer meets the age requirement set forth in this paragraph.

h) Customer agrees to indemnify and hold Benet harmless from any claims resulting from the Customer's use of, or inability to use, the service which damages either the Customer or another party or parties.

 
Terms & Conditions
Benet's Terms
& Conditions
Pt 5 - Pt 7
5. RESPONSABILITY FOR PAYMENT

a) The account holder is responsible for all recurring fixed and cumulative charges for the account. If the Customer is less than 18 years of age, the parent or guardian signing this agreement shall be responsible for all charges related to the minor Customer's account. The non-refundable account setup fee, and first-month service fee will be charged to the account immediately. On the first day of each month, the account will be charged the monthly access fee for the new month plus all cumulative hourly charges for the prior month(s).

b) Nonuse of an account does not relieve the Customer of obligation to pay, except as specifically provided in this contract.

c) Customers nominating to pay by credit card, agree to pay all billed amounts according to credit card issuer agreement until the Customer cancels the account or discontinues credit card billing. Benet reserves the right to suspend Customer account access upon delinquent payment or rejection of any credit card charges.

d) Payments by cheque not made within 14 days of the billing date are to be considered delinquent and may be subject to reasonable collection and legal fees as well as interest allowed by state law. Returned checks are subject to a charge of $25.00.
6. CHANGES IN TERMS & CONDITIONS

Benet may modify these terms and conditions upon notice published online. Any changes to terms, conditions, services, and pricing of services shall be made available online. Customer's use of Benet services after such notice shall constitute Customer's acceptance of the modifications to this Agreement.
7. CUSTOMER REQUESTED CHANGES

a) Any change the Customer requests to the account, including without limitation custom configuration, or passwords, is subject to a minimum fee of $20.00.

b) Benet reserves the right to refuse any Customer request based on its sole business discretion.
 
Terms & Conditions
Benet's Terms
& Conditions
Pt 8 - Pt 10

8. CANCELLATION OF ACCOUNT

a) Accounts may be canceled at any time by either Benet or the Customer. Customer may cancel this agreement by sending written notice to the address of Benet listed in this agreement. Benet, at its sole business discretion, may terminate this Agreement immediately or suspend Customer'’s access upon any breach of this agreement by Customer, including, but not limited to, refusal or failure to pay for services provided, or by sole judgment of Benet that the Customer may be performing activities harmful to Benet or its Customers, other Internet users, employees, vendors, or other entities. Benet shall send written notice of account cancellation to the last mailing address provided to Benet by the Customer. Customer is responsible for providing Benet with a valid postal address so such notice may be sent.

b) Customer agrees that Benet has the right to delete all data, programs, files, or other information that is stored in the Customer's account or Benet-provided public storage areas if the account is canceled, for any reason, by either the Customer or Benet.

c) Benet shall not be responsible for Customer's personal files residing on Benet computer systems. Customer shall be responsible for archival backup of all Customer materials stored on Benet computer systems.

9. CUSTOMER PROVIDED EQUIPTMENT AND SOFTWARE

a) Customer shall provide all computer and telecommunication hardware and software required to support the account provided for in this agreement.

b) Benet assumes a level of Customer technical competence sufficient to properly acquire, configure and operate the hardware and software.

c) Customer agrees to use electronic mail as the primary technical support channel whenever possible by contacting admin@benet.net.au. Benet reserves the right to determine the level of technical support provided to the Customer.
10. LIMITED WARRENTY

a) Benet warrants that, if the Customer is dissatisfied with the service, Benet will, upon notification by the Customer to Benet, refund the service fee for the current month, prorated from the date the request is received. Customer shall be required to pay any hourly charges accumulated to that date.

b) With only the exception noted in paragraph 10-a), no warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made by Benet. Benet hereby expressly disclaims all warranties including, but not limited to, service availability, services, information, or products provided via, in connection with, or located on Benet computer systems.
 
Terms & Conditions
Benet's Terms
& Conditions
Pt 1 - Pt 3
12. ENFORCABILITY

a) If any one or more terms or conditions in this agreement are found to be unenforceable or invalid, Customer's and Benet's agreement on all other terms and conditions shall remain valid and in force.

b) Non-enforcement of any section of this agreement does not constitute consent. Benet reserves the right to enforce this agreement at its sole discretion.
13. COLLECTION OF DAMAGES

a) Benet reserves the right to collect damages from Customer if User causes any harm to Benet which requires repair or reconfiguration of any kind.

b) Customer agrees to pay all of Benet's reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the Customer's contract.
14. OTHER

a) Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.

b) The headings in this Agreement are intended solely for convenience and shall be given no effect in the construction or interpretation of this Agreement.

c) The terms and conditions of this agreement supersede any previous agreement, or statement of terms and conditions between Benet and the Customer.

d) By the use of a Benet account the Customer accepts the terms and conditions set forth in this agreement.
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