This Agreement is between SoftNet("we") and ("you") the subscriber or user. SoftNet's Internet access service will be provided subject to the terms and conditions of this Agreement. SoftNet reserves the right to modify the terms, pricing structure or any other service within the Agreement at any time.

PROVISION OF SERVICE

• The service includes our Internet gateway, E-mail facilities, Web hosting and any other service or facility that we may supply from time to time. It also includes technical and other advice provided by us and we reserve the right to change or withdraw any part of the service at our sole discretion at any time. You must pay for all goods and services as agreed in accordance with the billing charges. The service cannot be determined as fault or error free, as SoftNet relies on factors outside the control of SoftNet, however, we endeavour to provide the service to the best of our ability.

USE OF THE SERVICE

• All information, text and images within the site are only for personal use and may not be copied, resold, redistributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written authority of SoftNet.
• You will be responsible for all access to and use of the service through your account. You may permit other persons, including a minor, to use your account but you assume all responsibility and liability for the activities that person conducts on-line and for any material to which that person is exposed.
• Only one person is permitted to use your account (Logon) at any one time, unless your account includes facilities to allow multiple concurrent logins.
• We reserve the right to log you off the service temporarily if you are connected but do not actively use the service for any period exceeding 60 minutes.
• Some material on the Internet may be offensive, inappropriate or unsuitable. You acknowledge that we accept no responsibility whatsoever for any content or services offered by other individuals or companies on the Internet or for any other information whatsoever passing through the service.
• You agree to supervise the use of your account by any minor or any other person who accesses the service through your account.
• You must not use the service to store or distribute any pornography, or any other material which may be offensive or illegal in any way.
• You will not use the service to store, distribute or reproduce commercial software. In the case of accessing third party software or material you must not commercially reproduce it without the permission of the legal owner.
• You must not use the service to send any information to another person, which may be offensive, abusive, indecent, obscene, or menacing, including any message or other information, which causes annoyance, inconvenience or needless anxiety.
• You must not use the service to obtain unauthorised access to any information, network or systems or to compromise the security or integrity of any network or computer system.
• You understand that the Internet contains viruses and other computer programs, which may destroy or corrupt data on your own system. We have no control over such programs whatsoever and we do not filter the information passing through the service in any way. You agree to check your own system for viruses on a regular basis. You must not knowingly place any viruses or other similar programs onto the service or the Internet at any time.
• It is your responsibility to ascertain and bear the full cost of accessing the service, including but not limited to, carrier charges imposed by any telephone company used to access the service. Although SoftNet may provide advice regarding these charges, it is your responsibility to confirm such charges.

ACCOUNTS

• You acknowledge that you have the right and ability to enter into this agreement.
• An account will be assigned to you and you must select a password which you use to gain access to the service. You agree to keep your password strictly confidential and notify us immediately if you lose your password or if it is disclosed to anyone. It is the customer's sole responsibility to protect their password and to immediately notify us of any suspect usage of their account. To change your password on the service you are required to notify us at any time in writing or e-mail.
• You are liable for all charges associated with the service, even in the event your password has been lost or stolen.
• You agree to provide us with correct and complete information on yourself as requested by us from time to time. Your failure to do so will constitute a breach of this agreement and may result in the immediate termination of your access to the service.
• You may not assign or transfer any of your rights or obligations under this agreement.

Please note: Prices on SoftNet's web site include VAT unless otherwise indicated.

THE EQUIPMENT

• You agree that SoftNet is in no way responsible for providing, configuring or maintaining any equipment or computer software that you will need to access the service. You agree to obtain, install and maintain suitable equipment as is necessary to access the service.
• You indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of or in any way connected with your use of the service.

TERMINATION AND MODIFICATION OF THIS AGREEMENT

• We reserve the right to terminate or suspend access to the service at our sole discretion at any time without liability and without prior notice to you.
• We reserve the right to modify any part of the agreement, including the rates, the billing terms and the procedures for payment, at our sole discretion, at any time, on 14 days notice to you. This agreement incorporates by reference all terms, conditions and notices which are either posted on the service or notified to you directly from time to time.
• You may terminate this agreement at any time with 3 months notice to us in writing, provided your user name, password, and address are set out in this notice. The termination will take effect at the end of the billing period during which the notice period expires. Your failure to follow this procedure may result in additional charges being incurred. It is your responsibility to notify us if the service is no longer required.
• You remain liable for any charges you incur up to the effective date of termination. No refund of any fees, including any monthly access fees, will be granted and no on-line time credited to your account will be redeemable or convertible to cash or any other form of credit.

CHARGES AND BILLING PROCEDURES

• We may monitor or keep any records that we deem necessary of your use of the service.
• We do not and can not monitor the content and information accessed on the service and we shall not be held responsible in any way for any content of information accessed on the service.
• Access to, and use of, the service is charged in accordance with the rates set by us which include provisions relating to personal use and commercial use of the service and which may be varied.
• You will be billed monthly. Your monthly bill will include a charge for the monthly access fee (payable in advance) as well as any other charges you have incurred. You will be billed by us, or any of our related bodies corporate, and you agree to pay your bill in accordance with the procedures notified by us to you from time to time.
• Your account will be suspended if any charges are not paid on the due date. If your account is suspended for nonpayment, you will be charged a R25.00 fee to have it reinstated, provided the accont has been brought up to date as well.
• Any account which is suspended twice for nonpayment will be terminated automatically.
• If at any time your usage of the service reaches a high-level of usage, as determined by SoftNet from time to time, SoftNet may: (a) Request immediate payment of usage charges incurred by you; and/or (b) Suspend provision of the service until payment in full is received by SoftNet.

DISCLOSURE OF CREDIT INFORMATION

• You agree and authorise SoftNet and its related bodies corporate to use your credit information before, during and after the provision of credit to you with any of their agents and any credit reporting agency, credit providers, carriers, carriage service providers, business references or employers in accordance with the Privacy Act 1988 for the following purposes:
  a) considering or applying SoftNet's credit policy to your application;
  b) ongoing credit management of your account (s) with SoftNet or any of its related bodies corporate, including your overdue payments;
  c) ongoing maintenance of credit records about you; and
  d) development, research and promotion of SoftNet's products and services.
• Where you are in default of payment to SoftNet or any of its related bodies corporate you agree that SoftNet or its agent may utilize any information collected and recorded by SoftNet in relation to your account to assist SoftNet and its related bodies corporate in the process of debt recovery.

EXCLUSION OF LIABILITY

• SoftNet is not liable to you or any other person for any cost, loss or liability arising from SoftNet and associated sites arising from supply or failure or delay in supplying goods or services.
• You expressly agree that use of the service including any content you may obtain through or on the service is at your sole risk.
• You agree that the service is provided without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.
• You acknowledge that there has been no reliance on our skill, judgment or any representation by us whatsoever by you in deciding whether the service is fit for any particular purpose.
• You agree that we are not responsible for any unsolicited or unwelcome information disseminated via the Internet to you or the consequences of you receiving such information.
• To the extent permissible by law, we exclude all liability for any direct, indirect, special or consequential damages arising out of the supply or use of the service; any inability to access the service, or the lack of availability of the service. Where such liability cannot be excluded, our liability to you is strictly limited, at our discretion, to the following: a) in the case of services, the supplying of the relevant service again or the payment of the cost of having the relevant service supplied again; and b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of having the goods replaced.

INDEMNITIES

• You agree to indemnify and hold us harmless from all liabilities, damages, claims, actions, proceedings and expenses, including all legal fees and expenses, arising out of the use of your service or your breach of any term of this agreement in any way.

MISCELLANEOUS

• Any notice required or permitted under this agreement will be made by post (mail),
  facsimile or e-mail.
• This agreement is governed by and construed in accordance with the laws of South Africa.
• This agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the service and supersedes all previous representations, statements, understandings and agreements between the parties.