The
following expressions shall, unless the context otherwise
requires, have the following meaning:
"Y28"
Y28.COM
LIMITED, the operations agent of KANNET LIMITED, a licensed
Internet Service Provider for providing internet access
service. Both companies are members of the Champion Technology
Group.
"Services"
Internet
access service and/or e-mail service provided by Y28 and/or
Kannet Limited.
"Subscriber"
or "Subscriber(s)"
Successful
subscriber(s) of the Services (inclusive of subscription
under General Service Plan and Fixed Term Service Plan).
"Policy"
Policy of rendering Services to the Subscriber(s) by Y28
which content as refer to Part I hereof and form an integral
part of this Terms and Conditions.
PART
I
1.
SUBSCRIBER'S CONSENT TO THE TERMS AND CONDITIONS
By
using the Services, the Subscriber(s) shall agree to be
abided by the Terms and Conditions as set out herein.
POLICY
2.
USE OF SERVICES & INVESTIGATION
2.1
The Services are provided for use in conformance with
this Policy and the Terms and Conditions. Y28 reserves
the right to investigate suspected violations of the Terms
and Conditions. When Y28 becomes aware of possible violations,
Y28 may initiate investigation which may include gathering
information from the Subscriber(s) involved and the complaining
party, if any, and examination of materials on Y28's servers.
2.2
During an investigation, Y28 may suspend the subscription(s)
involved and remove the materials involved from its servers.
If Y28 believes, a violation of the Terms and Conditions
has occurred, it may take actions at its sole discretion.
This action may include, but not be limited to, temporary
or permanent removal of materials from Y28's servers,
warnings to the Subscriber(s) involved, and the suspension
or termination of the subscription involved. Y28, at its
discretion, will determine what action will be taken in
response to a violation on a case-by-case basis. Violations
of the Terms and Conditions could also subject the Subscriber(s)
to criminal and civil liability.
3.
USE OF MATERIALS
3.1
Materials
in the public domain (e.g., images, text, and programs)
may be downloaded or uploaded using the Services. The
Subscriber(s) assumes all risks regarding the determination
of whether material is in the public domain. Y28 shall
not be responsible for the Subscriber's actions.
3.2
The Subscriber(s) is prohibited from storing, distributing
or transmitting any unlawful material through the Services.
The Subscriber(s) may not post, upload or otherwise distribute
copyrighted, trademarked and other proprietary material
on Y28's servers without proper authorization. The storage,
distribution, or transmission of unlawful materials will
subject the Subscriber(s) to criminal as well as civil
liability.
3.3
The
Subscriber(s) may not store, distribute or transmit other
undesirable, unlawful or prohibited materials on Y28's
servers.
4.
PASSWORDS
The
Services are for individual use only. The Subscriber(s)
is prohibited from sharing password(s) or account(s) with
other individuals.
5.
SYSTEM
SECURITY
5.1
The Subscriber(s) is prohibited from compromising the
security or tampering with Y28's system resources or accounts
on any our computers, routers, terminal servers, modems,
or any other equipment at our or at any other site. Use
or distribution of tools designed for compromising security
is prohibited.
5.2
Y28 reserves the right to release the e-mail address of
Subscriber(s) involved in violation of system security
and personal details, in order to resolve security incidents.
Y28 will also cooperate fully with law enforcement authorizes
in investigating suspected lawbreakers.
6.
SYSTEM
RESOURCES
6.1
Y28 will allocate system resources to provide all Subscribers
with the best service possible. As part of resource allocation,
Y28 may limit, restrict or prioritize access to system
resources.
6.2
Y28 may log instances of abuse of system resources, including
those outlined below, and take action as outlined in Section
2.2 above.
6.3
System abuse is defined as any use of Y28 resources which
disrupts the normal use of Y28 system or Services for
others. Examples of system abuse include attempting to
disrupt the sessions of other Internet users, consuming
excessive amounts of time, memory or disk space bandwidth
or otherwise affecting the performance of Y28 servers
or network.
7.
ACCEPTABLE USAGE
Acceptable usage is defined as the normal activities associated
with the usage of the Internet, usage of Y28's systems
and network facilities for accessing the WWW, IRC, Usenet
News, e-Mail, and other Internet features.
8.
PROHIBITED
ACTIVITIES
Activities prohibited by Y28 administration include all
commonly unacceptable activities on the Internet.
9.
PENALTIES
FOR ABUSE
9.1
All abusers are subject to immediate termination of their
accounts. Y28 reserves the right to recover all damages
as the result of the abuse. Information of the abusers
will also be disclosed to appropriate authorities.
9.2
The
Subscriber(s) agree to indemnify and hold Y28, its officers,
directors, shareholders, employees, agents, subsidiaries,
and affiliates harmless from any and all claims and expenses
related to the Subscriber's violation of the Terms and
Conditions, including any abusive or unlawful behavior
on the part of the Subscriber(s) or the Subscriber's dependents,
or the infringement of any intellectual property or privacy
right of any person or entity.
PART
II
SERVICES
1.
Y28 will provide the Subscriber(s) with a login ID and
password to access our Services.
2.
The Subscriber(s) must comply with the Terms and Conditions
and will be responsible for Subscriber's use of our Services.
SUBSCRIBER'S
COVENANTS
3.
Subscriber(s)
will abide by all relevant laws and the Terms and Conditions
relating to the use of our Services.
4.
Services
must not be used in any way which may breach any confidence,
copyright, intellectual property or other rights of us
or any third party nor for any commercial, illegal, improper,
immoral, defamatory, unsolicited advertising, or promotion
purpose.
5.
Subscriber(s) will not copy, distribute, publish, transmit
or otherwise exploit any Content accessed through our
Services unless Subscriber(s) own or control such Content.
Content means any content, software, data, information,
diagram, symbol or other material in whatever languages
or forms (including all textual, audio, video, graphical,
musical, still and moving images)(the "Content").
Subscriber(s) will not reverse engineer any Content or
transmit any data that may cause damage to the computer
equipment of any persons including uploading a program
with a computer virus or any harmful software application.
6.
Subscriber(s)
will not use or allow others to use the Services to publish,
distribute, transmit or circulate any unsolicited advertising
or promotional materials or any content which is obscene,
indecent, seditious, offensive, defamatory, threatening,
liable to incite hatred, discriminating, menacing objectionable
or for mail-spamming junk mail and/or bulk transmission
of messages to Internet users, service providers or newsgroup.
7.
Subscriber(s) will not, and will not allow others to copy,
sub-license, distribute, sell, transfer, rent, exploit,
alter, decompile, disassemble, tamper with, misuse, reverse
engineer or repair any software, equipment, facilities
and programs Y28 supply to Subscriber(s).
8.
Without Y28's authorization, Subscriber(s) will not, and
will not allow others, to hack into, use or access (or
attempt to do any of the above) any part of the Services
and the Content on Y28's server(s).
9.
Subscriber(s)
will not part with, transfer nor sub-license any of Subscriber's
rights to use the Services. Subscriber(s) will keep Subscriber's
login ID and password secret at all times.
10.
Subscriber(s) acknowledge that Y28's affiliates, agents
or contractors may provide any part of our Services or
perform any of Y28's duties.
11.
Y28 may change or withdraw any of our Services or any
Content at any time. We may also suspend our Services
at any time without notice to carry out maintenance or
other works to our system.
PROVISION
OF SERVICES & EXCLUSION OF LIABILITY
12.
Y28 Services are supplied on an "as is" basis.
All conditions, warranties and responsibility in relation
to the provision of Y28 Services (including title, fitness
for any particular purpose, merchantability, content,
quality and accuracy) are excluded to the extend permitted
by law. Use of our Services or any information obtained via
Y28 Services is at Subscriber's own risk.
13.
Y28,
its officers, directors, shareholders, employees, agents,
subsidiaries, and affiliates will not be liable to Subscriber(s)
whether in contract, tort, statute or otherwise for any
direct or indirect loss or damage which is suffered or
incurred by Subscriber(s) arising out of the use of Services
or in any other vary out of the Terms and Conditions.
14.
Subscriber's privacy will be respected. Y28 will not monitor
the contents of Subscriber's private communications unless
required to do so by law or we believe that it is necessary
to protect ourselves or other persons from injury or damage.
INDEMNITY
15.
Subscriber(s)
will indemnify and hold Y28, its officers, directors,
shareholders, employees, agents, subsidiaries, and affiliates
harmless from all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including reasonable
attorneys fees) relation to any acts by Subscriber(s)
or materials or information transmitted by Subscriber(s)
in connection with Y28 system leading wholly or partially
to claims against Y28 or third parties.
PAYMENT
OF FEES
16.
Y28 or its designated, will send Subscriber(s) regularly
e-statement showing the payments due. A hard copy of this
statement will be available by mail upon request at a
handling charge. Any dispute over the statement must be
raised within 14 days from the date of the statement.
17.
The fees for Y28 Services other than PNETS charge must
be paid in advance. Y28 may charge interest at 2% per
month on any outstanding fees. Pre-paid charges are non-refundable
unless Y28 decides otherwise.
18.
Prepayment made by Subscriber(s) is not risk free and
in the unlikely event that Y28 go into liquidation, there
is no guarantee that Subscriber(s) will receive the prepayment
back. In the unlikely event of liquidation, Subscriber's
rights to get refund of the prepayment will be subject
to the relevant laws and regulations governing liquidation
of companies in Hong Kong.
19.
Any fees Y28 charged will be in accordance with our published
fee schedule. Y28 may vary the rates charged to Subscriber(s)
at any time. Y28 will inform Subscriber(s) of any change
at least one month in advance.
20.
PNETS
charge will be currently charged and modified accordingly
from time to time when the Office of the Telecommunications
Authority announces any changes.
21.
PNETS charge will be payable monthly in arrears and will be published and notified Subscriber(s) through regular e-statement.
CONFIDENTIALITY
22.
Subscriber(s)
allows Y28 to collect his/her personal data in order to
provide Subscriber(s) with our Services. Y28 also use
Subscriber's personal data for credit checking, debt collection,
marketing, research and promotion of Services.
23.
Y28 will keep Subscriber's personal data confidential.
Y28 may provide it to third parties employed by Y28 for
the purpose of providing the Services. This may include
any of the following services: on site services, maintenance,
billing, credit checking, debt collection, and market
research. Third parties to whom Subscriber's personal
data are provided can use the data only for the limited
purpose for which it is provided.
24.
Y28
may provide Subscriber(s) with information about Y28 Services
as well as products and services provided by other companies.
If Subscriber(s) do not want to receive this type of information
shall write to our Personal Data Officer.
25.
Subscriber(s)
is entitled to know what personal data Y28 may have about
Subscriber(s) and to correct any errors. To access or
correct any data please write to our Personal Data Officer,
we may impose a modest charge for complying with a data
access request.
26.
A copy of Y28 policy on personal data is available by
writing to our Personal Data Officer.
OTHERS
27.
Y28 may suspend or terminate the Services if Subscriber(s)
breach any of the Terms and Conditions including non-payment
of any fees due. Y28 may at our sole discretion reactivate
our Services to Subscriber(s) if Subscriber(s) has remedied
the breach and paid to Y28 any security deposit we may
require.
28.
Y28 will assume Subscriber(s) acceptance of the Terms
and Conditions by continuing Subscriber's subscription.
29.
Y28 reserves the right to vary, delete or amend any part
of the Terms and Conditions herein contained at any time,
for such purpose the posting of the amendments and/or
deletion on the web-site of Y28 shall suffice as written
notice.
30.
Subscriber(s) may cancel his/her subscription at any time
after one month of his/her subscription by giving at least
one month's notice. Y28 however will not make any refund
of any fees if Subscriber(s) cancel Subscriber's subscription.
31.
The Terms and Conditions are governed by the laws of Hong
Kong Special Administrative Region and the parties agree
to submit to the non-exclusive jurisdiction of the courts
of the Hong Kong Special Administrative Region.
32.
The
English version of the Terms and Conditions shall prevail
wherever there is a discrepancy between the English version
and the Chinese version.