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  1. The Customer/End Users use of the Service and/or acceptance of these terms and conditions constitute the Customer/End Users agreement to be bound by these conditions. These conditions must be read in conjunction with the Pro-Net acceptable Use Policy. It is the Customer/End Users responsibility to ensure that they comply with the latest edition of the Acceptable Use Policy at any given time.
     
  2. The Acceptable Use Policy and the Order Form are an integral part of these conditions and unless otherwise expressly stated all references to conditions include reference to the Acceptable Use Policy and the Order Form.
     
  3. The provisions of the Order Form are binding on Pro-Net once Pro-Net confirms to the Customer/End User acceptance of the order. The Customer/End User agrees to receive the Service and pay the fees for the service as specified in this Agreement.
     
  4. Pro-Net will provide the Service to the Customer/End User in accordance with the conditions of this agreement and reasonable skill and care. It is technically impracticable to provide the Service or the telecommunications services free of faults and Pro-Net does not undertake to do so.
     
  5. Pro-Net will use its reasonable endeavors 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 Pro-Net, or by errors or omissions of the Customer/End User.
     
  6. Pro-Net exclude all warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it or the accuracy of information received through it.
       
  7. Unless expressly specified within the service schedule, all ADSL services are provided on a one year initial term starting on the activation date of the service. Should a service not be canceled in writing within one month prior to the initial one year term being up, the service will be deemed to have been renewed for another one year term.
     
  8. The Customer/End User acknowledges that the Service will depend upon the characteristics of the Customer/End Users Access Line and that where the Carrier so determines it may not be possible to supply the Service. In this event Pro-Net shall have the right to terminate this Agreement without liability to the Customer/End User.
     
  9. From time to time certain POPs, servers or the whole or part of the Pro-Net Network may be closed down for routine repair or maintenance work. Pro-Net or its authorised representative shall give as much notice as in the circumstances is reasonable and Pro-Net shall endeavor to carry out such works during the scheduled maintenance periods as published from time to time.
     
  10. Pro-Net may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. Pro-Net will give the Customer/End User as much notice as possible of any planned interruption of the Service. In these circumstances the Customer/End User shall have no claim against Pro-Net for any such interruption.
     
  11. Pro-Net will correct reported faults as soon as possible. Should the customer/End User encounter a fault with the Service the Customer/End User should report the fault to Pro-Net. Contact information can be found in the Service Description.
     
  12. Pro-Net may include links from time to time from the Service to other Internet sites. Pro-Net have no control over the content of such sites and disclaims any liability in respect of the Customer/End Users use of such sites.
     
  13. The Customer/End User acknowledges that the Service shall be provided by Pro-Net at the Premises and that under these conditions the Customer/End User cannot require Pro-Net to transfer the Service or Equipment to another location. In the event the customer requests the Equipment to be moved to another location within the Premises, Pro-Net reserves the right to accept or reject such a request and Pro-Net's decision shall be final. Any expense incurred in such move of the Equipment within the premises shall be incurred by the Customer/End User.
  14. Except as otherwise expressly permitted in these conditions, and in addition to other restrictions herein, the Customer/End User may not:
     
  15. Redistribute, encumber, sell, rent, lease, sub-licence, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part
     
  16. Disclose Service features, errors or viruses to any third party without Pro-Net's prior written consent.
     
  17. Use the service except in conjunction with Pro-Nets recommended operating environment notified by Pro-Net
     
  18. Modify the Service without Pro-Net's written consent.
     
  19. Pro-Net reserves the right to remove e-mail from Pro-Net servers that is left for a period of more than four months.
     
  20. Pro-Net reserves the right to change the Customer/End User's password at any time at its sole discretion.
     
  21. The Customer/End User hereby irrevocably gives permission to Pro-Net and its employees, agents or contractors:
     
  22. To execute any works on the Premises for, or in conjunction with the installation, maintenance, adjustment, repair, alteration, moving, replacement, renewal or removal of the Equipment.
     
  23. Keep and operate the Equipment installed on, under or over the premises.
     
  24. Enter the Premises to inspect any telecommunications apparatus kept on, under or over the Premises or elsewhere for the purposes of the Pro-Net Network. The permission set out above shall continue in force after cancellation or termination of this Agreement until such time as Pro-Net have removed all Equipment from the premises.
     
  25. The Customer/End User must allow Pro-Net or any carrier to have access to the Premises at all reasonable hours for the purpose of testing or maintaining any of the Equipment and/or Service and provide a safe and suitable environment for such visits
     
  26. Pro-Net and its employees, agents or contractors will provide and install the Equipment at the Premises. Any installation date given is an estimate only and Pro-Net shall not be liable for any failure to meet such installation date.
     
  27. Pro-Net will supply the Customer/End User with the relevant information to enable the Customer/End User to suitably prepare the Premises for delivery and installation of the Equipment. The Customer/End User shall at the Customer/End User's expense provide suitable accommodation, facilities and environmental conditions for the Equipment and all necessary electrical and other installations and fittings.
     
  28. Pro-Net shall use its reasonable endeavors to comply with the Customer/End User's reasonable requests in respect of installation but Pro-Net or its contractor or agents' decision on the routing of cables and wires and the positioning of outlets and other apparatus constituting the Equipment or part thereof shall be final and binding.
     
  29. A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Equipment at such points and with such connections as specified by Pro-Net. Unless otherwise agreed, this power supply is to be provided by the Customer/End User. Pro-Net shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.
     
  30. The Customer acknowledge that during the installation of the Equipment for the provision of the Service the Customer/End User's Access Line may suffer a temporary loss of service which shall be reinstated following installation and/or interference to any other customer/End User apparatus or services used in connection with the Access Line (e.g. Access Line security systems) without any liability to Pro-Net.
     
  31. The Customer/End User agrees not to do or allow anything to be done to the Premises that may cause damage to, or interfere with, the Equipment or prevent easy access to it.
     
  32. The Customer/End User shall procure at the Customer/End User's own expense all permissions, licences, registrations and approvals necessary for Pro-Net to deliver, install and maintain the Equipment for the provision of the Services.
     
  33. Following the installation of the Equipment Standard Tests shall be carried out by Pro-Net to ensure that the Service is ready for use. If the Service is not ready for use, Pro-Net shall either repair or replace, at its sole option, the Equipment or any part thereof and repeat the Standard Tests. The Customer shall be entitled to use the Services following Pro-Net informing the Customer of successful completion of the Standard Tests.
     
  34. The Equipment shall remain the property of Pro-Net the Customer/End User shall at all times make clear to third parties that the same is the property of Pro-Net. Pro-Net may modify, substitute, renew or add to the Equipment from time to time at its absolute discretion.
     
  35. The Customer/End User shall be responsible for ensuring at all times the safekeeping and proper use of the Equipment after delivery and installation at the Premises. The Customer/End User shall be liable to Pro-Net for any loss or damage to the Equipment (except where it can be shown that such loss or damage was caused by our negligence or due to fair wear and tear). The Customer will notify Pro-Net immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) the Customer/End User undertakes:
     
  36. To keep the Equipment at the Premises and not to move it.
     
  37. To comply with all instructions as Pro-Net may notify to the Customer/End User and/or with the manufacturer's instructions and not to use the Equipment except in accordance with such written instructions and in accordance with the law and any applicable licence granted there under.
     
  38. Not to cause the Equipment to be repaired or otherwise maintained except by an authorised representative of Pro-Net.
     
  39. Not to cause any attachments other than those approved for connection under the Telecommunications Act 1984 to be fitted to the Equipment except in accordance with such written authorisation as may be notified by Pro-Net to the Customer/End User from time to time.
     
  40. Not to do anything nor to allow to subsist any circumstances likely to damage the Equipment or detract from or impair its performance or operation and not to add, modify, or in any way interfere with or impair the performance of the Equipment.
     
  41. Not to attempt to sell, transfer, dispose of, let, mortgage, charge, modify, extend, repair, service, tamper with, remove or interfere with the Equipment or suffer any distress, seizure or execution to be levied against or of the Equipment or otherwise do anything prejudicial to Pro-Net.
     
  42. Not to remove, tamper with or obliterate any identification mark(s) affixed to the Equipment or to any part thereof showing that it is the property of Pro-Net.
     
  43. To permit Pro-Net and its employees, agents or contractors to inspect or test the Equipment at all reasonable times.
     
  44. The Customer/End User shall be liable for any loss or damage howsoever caused (including but not limited to lightning or electrical damage) to any part of the Equipment or any of its own property within the Premises (except in so far as it can be shown that such loss or damage is attributable to the negligent act or omission of Pro-Net). The Customer/End User will notify Pro-Net immediately of any such loss or damage.
     
  45. The Customer/End User undertake to indemnify Pro-Net against any and all such loss or damage referred to in this clause 30
     
  46. Wilful destruction or abuse of the Equipment may result in additional charges being payable by the Customer/End User to Pro-Net.
     
  47. The Customer/End User must NOT use the Service:
     
  48. In a way that does not comply with the Conditions or any legislation or that is in any way unlawful or fraudulent.
     
  49. In connection with the carrying out of a fraud or criminal offence against any telecommunications operator.
     
  50. To send, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which cause overloads to the Pro-Net Network.
     
  51. To send or procure the sending of unsolicited advertising or promotional material.
     
  52. In a way that does not comply with any instructions given by Pro-Net for reasons of health, safety or the quality of the Carrier's telecommunications services or the Pro-Net Network.
     
  53. Attempt to use the Service in a way that modifies, decompiles, translates, reverse engineers, reconfigures, disassembles or otherwise alter or attempt to modify or reconfigure the Service or any Equipment or software or copy any manual or documentation relating to the Service except to the extent applicable law specifically prohibits such restrictions.
     
  54. Distribute copies of the licensed programs or their documentation to others.
     
  55. Rent, lease or grant its rights to the licensed programs.
     
  56. Ship or transmit (directly or indirectly) any copies of the licensed programs or any technical data in the licensed programs or its media or any direct product thereof to any entity or country destination.
     
  57. The Customer/End User will co-operate with Pro-Net's reasonable requests for information regarding the Customer/End User's use of the Service and supply such information without delay.
     
  58. Where the Customer/End User uses the Service to reach networks and services not operated by Pro-Net, the Customer/End User will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.
     
  59. The Customer/End User warrants that:
     
  60. 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
     
  61. If the password becomes known to any other unauthorised user it will inform Pro-Net or its authorised representative immediately;
     
  62. Any breach of these obligations shall entitle Pro-Net to immediately terminate the Service to the Customer/End User without notice.
     
  63. Use by others: The Customer/End User acknowledges that Pro-Net is unable to exercise control over the content of information passing over the Pro-Net Network or via the Service, and Pro-Net hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.

 

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