Everyday.com.kh - Registration

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Terms of Service

		Please review the following terms and indicate your agreement below.

		This agreement is by and between Everyday, duly authorized and existing under the laws of Cambodia, with it's main office at # 33 Preah Sihanouk Boulevard, Phnom Penh, Cambodia, and the Member for the provision by EVERYDAY, or it's subcontractors, of certain electronic communications services and related items. EVERYDAY exercises no control over the content of information accessible on the Internet. The member understands that The Internet hosts some material deemed unfit for viewing and reading by minors under the age of 18. Some sites contain information both in text and graphical formats that may be considered obscene or harmful. Customers and subscribers of EVERYDAY's services will not hold EVERYDAY responsible for sites and postings which could be considered obscene, lewd, offensive and/or harmful. It is EVERYDAY's policy that individuals are responsible for their own monitoring and viewing habits and those minors in their care. We currently do not filter or screen postings or sites on the Internet as a whole nor do we plan to in the foreseeable future. Customers and subscribers possibly offended by such material are encouraged to explore software options that block or filter sites that may be deemed unsuitable. 1. Service Warranties: With respect to the services provided, EVERYDAY, makes no warranties of any kind, expressed or implied, including any implied warrantee or merchantability or fitness of this service for a particular purpose. EVERYDAY takes no responsibility for any damages suffered by the Member, including but not limited to, loss of data from delays, nondeliveries, misdeliveries, free technical support service, or service interruptions caused by EVERYDAY's own negligence or Member's errors and / or omissions. 2. Members Shall Be Precluded From Doing Any of the Following: Posting or transmitting any transmissions constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violating any local, national or international law. Posting or transmitting any information or software which contains a virus, worm, cancelbot or other harmful component; Uploading, posting, publishing, transmitting, reproducing, distributing or participating in the transfer or sale, or in any exploiting any information, software or other material obtained through the Internet which is protected by copyright or other proprietary right or derivative which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; Publishing web sites of a pornographic nature on any of our servers, or on any server that uses EVERYDAY's bandwidth. Abusing or fraudulently using the Service in any way not specifically set forth above; The reselling of web storage space, dial up accounts or any of our services without express written consent of EVERYDAY is forbidden. Even with the express consent of EVERYDAY, reselling is a separate cost option and will be billed at a contracted rate; 3. Use of Information: Member understands that Internet connectivity software, a computer capable of running the Internet connectivity software, and a modem is required to utilize EVERYDAY's Internet access services. 4. Acceptable Usage of Standard Dial-up Accounts: Standard dial-up accounts are the most basic service EVERYDAY offers to customers. It is also the most heavily used account in terms of number of customers accessing this service and therefore is subject to the most abuse. Standard dial-up accounts are used on a "dial-up" basis, meaning they are used only as needed and in no way are intended to be operating 24 hours a day on an ongoing connection. Nor does this type of account support a static IP address. The account may be accessed as little or as much as a customer needs, however EVERYDAY has strict definitions of how that service is determined. The service will be utilized by no more than one concurrent user at any one time. The service may be used for WWW viewing. The account may be used for reading or posting to Usenet newsgroups, sending or receiving and reading of electronic E-mail, transferring of files via the FTP protocol or telnetting to remote sites. Standard PPP dial-up accounts cannot be used as a commercial avenue or connection for a dedicated server site to the Internet, nor can the connection be used as a means to operate an FTP server. Standard PPP dial-up accounts cannot be accessed simultaneously by multiple users using the same username and has only one mailbox for incoming E-mail. Standard PPP dial-up account holders cannot use automated processes such as checking E-mail or pinging our host to maintain a constant connection. Inactivity and Disconnect Policy: The account may be disconnected automatically by EVERYDAY if the account is not used for a period exceeding 3 months. Inactivity is defined as periods when no activity is detected by EVERYDAY through electronic means and the account is not being actively used by a dialup user. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include: pinging the mail server; electronic or software autodialer features to maintain an active connection; repetitive checks for E-mail by autologin to the mail server. Abuse of these conditions and others not identified can result in a customer having their account disabled until these processes are halted in agreement with EVERYDAY. Appropriate Use Policy: Electronic means of auditing a suspected abused connection will be done by EVERYDAY with the above guidelines in mind and with respect for the customer's privacy. Continued abuse or violations of the above conditions my result in a customers account being permanently disabled and all previous agreements rendered null and void. 5. Spamming: It is contrary to EVERYDAY policy for any user of any of these services to effect or participate in any of the following activities through an EVERYDAY-provided service: To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, E-mail mailing lists or other similar groups or lists; To send unsolicited mass E-mailings to more than one (1) E-mail user; To engage in any of the foregoing activities using the service of another provider, but channeling such activities through an EVERYDAY account or remailer, or using an EVERYDAY account as a maildrop for responses; To falsify user information provided to EVERYDAY or to other users of the service in connection with use of a EVERYDAY service. EVERYDAY considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by EVERYDAY's terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to EVERYDAY services. In addition, EVERYDAY reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, EVERYDAY's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and EVERYDAY will respond as appropriate to these other activities as well. 6. Change of Status: EVERYDAY will occasionally require new registration and account information by the Member to continue the service. In addition, the Member shall notify EVERYDAY, in writing, of any changes in the account information. 7. Insurance: The parties shall each be responsible for assessing their own need for, and ability to maintain property, casualty and liability insurance and shall obtain each insurance covering their risks as they see fit. The parties agree not to make any claims against each other for any property loss (whether or not insured) and shall require their insurers, if any, to waive any rights of subrogation against the others for any such loss. 8. Limitation of Liability: EVERYDAY is not responsible for service interruptions beyond it's control, including acts of God or service interrupts by it's suppliers. From time to time, the system may be down for maintenance. Advance notice will be given when possible. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or the provision of service or equipment, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. The parties agree to work in good faith to implement the purposes of this Agreement, but recognize the network connection and services to be provided by EVERYDAY could not be made available under these terms or other similar terms without a substantial increase in cost if the parties were to assume a greater liability to each other. 9. Privacy Policy: EVERYDAY exercises no control over the content of the information passing through or temporarily stored in it's system. We respect the privacy of our customers, however, EVERYDAY's personnel may occasionally be required to examine files or E-mail as part of their duties and to facilitate operation of the system. All customer data shall be treated in a confidential manner and data access of this nature shall be minimized. Customer data, including account records, on-line files and E-mail will be released only to those individuals authorized by the customer or upon service of a valid court order. 10. Billing and Minimum Terms: The Member agrees to and will be billed monthly for the coming month's fixed service costs as set forth in the Services Registration, as well as the past month's usage-based fees (such as hourly service charges for applicable services), if any. The monthly service fees are independent of the amount of traffic or systems access by users at the Customer's location. Fixed service charges are billed every month with the billing month ending on the 28th of each month. 11. Termination: This Agreement shall remain in force unless the Member terminates its account by providing notice, in writing or by E-Mail transmission of such termination, which is received by EVERYDAY at least five (5) business days prior to the due date of the calendar month for which termination is to be effective. If a Member's account becomes delinquent past the 12th day after the due date of any calendar month, EVERYDAY may suspend the Member's service. If a Member's account remains delinquent for an additional 30 days, EVERYDAY may assume the account has been abandoned and terminate the account. Termination of this service by EVERYDAY or the Member shall not relieve the Member's obligations hereunder including without limitation, payment of any fees and charges due and payable. Suspended or terminated accounts will be subject to a reconnection fee of $15.00 including any collection fee needed to satisfy your debt. EVERYDAY does not issue refunds on any account for any reason. Failure to use the service provided does not constitute a refund under any circumstances. 12. Relevant fees refer to the price of the service at the date of renewal, including the published service fees and local access/circuit which may change due to tariffs or other reasons. Services rendered refers to either packet access to EVERYDAY's Network or continuing availability of the local access point or circuit. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. EVERYDAY reserves the right to modify these Terms and Conditions upon not less than thirty (30) days' notice to Member by posting on our home page. Usage by the Member after such thirty (30) day notice period shall constitute Member's acceptance of the modified Terms and Conditions. Member's account with EVERYDAY is not transferable without EVERYDAY's prior consent. These Terms and Conditions reflect the entire agreement of the parties and supersede all prior oral or written agreements of the parties. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Cambodia.
		By clicking "I Agree" you agree and consent to (a) the Everyday.com.kh! Terms of Service, and (b) receive required notices from Everyday.com.kh! electronically.