1.1

1.2

1.3

1.4

The Customer hereby agrees to pay CYBERNET specified fee subject to change and intimated to customer in due course.

All amounts due and payable hereunder shall be delivered and paid by cash, cheque or bank draft or pay order drawn in the name of “Cyber Internet Services (Pvt.) Ltd, payees account only” at specified CYBERNET premises.

The Customer is hereby specifically prohibited from engaging in any of the following actions:

any course of action which compromises the performance, security or integrity of servers or other computers or any other devices or software connected directly or indirectly to the DOT Servers;

any material increase in traffic levels for any unlawful purpose;

any type of tampering or ‘invasion’ of a security system, password protection or encryption;

infringement of any right of other DOT users, service providers, content providers and / or any users of CYBERNET’s systems;

any prohibited or unreasonably excessive use of electronic mail or similar information delivery system;

transmission of voice on or through the Data Communication Network;

any use or attempted use of the Service to reproduce, re-distribute, re-transmit, publish, translate, transfer or exploit any information, software or other copyright material received through the Service without legal authorization from the owner / CYBERNET/ KSE, excluding any public domain software or information content which may be downloaded or uploaded for personal use or non commercial re-distribution; and

any other activity prohibited by any applicable law, rule, regulation or license of, but not limited to ,The Act, PTA and / or PTCL.

CYBERNET hereby reserves the right to forthwith terminate this agreement without notice to the Customer in the event the Customer engages in, performs the act as mentioned in clause 4.1.8 while a notice of 24 hours will be given on violation of clause 4.1.1 to 4.1.7

CYBERNET shall be entitled to terminate and discontinue Service to the Customer at its sole discretion in the event that;

such termination or discontinuance is necessitated in order to protect the integrity of CYBERNET’s network;

Customer or any other person or party accessing or using the Service through the Customer engages in any of the Prohibited Activities mentioned in para 4.1 herein above;

Customer defaults in making payment of any amount due and payable by the Customer to CYBERNET; and

Customer engages in any activity or fails to perform any obligation which tantamount to a breach of any terms and conditions of this Agreement.

CYBERNET and KSE makes no warranties or representations of any kind with respect to the merchantability or fitness of the Service for any particular purpose.

CYBERNET and KSE makes no warranties or representations regarding and shall not be liable for any loss or damage to the Customer resulting from the use or interrupted use of the Service including, but not limited to, losses resulting from delays, improper or incomplete delivery of information, computer viruses, and interruption of service or damage to Customer’s equipment.

CYBERNET and KSE does not guarantee any Service provided by any third party carrier, including but not limited to PTCL, and Customer agrees not to hold CYBERNET or KSE responsible or liable for any loss or damage resulting from the use or interrupted use of any third party services, including without limitation any satellite carrier, internet backbone service provider or content provider.

Customer agrees that CYBERNET and KSE shall not be liable to Customer for any breach of Customer’s (or any third party accessing through Customer) privacy occurring over the Internet.

Customer hereby agrees to indemnify and keep CYBERNET and KSE harmless from any loss, expenses, costs, damage or claim incurred by or occasioned to CYBERNET or KSE as a result of use of the Service by Customer or any other person or party acting or through Customer in any manner which may be deemed to be use of the Service in contravention of any provision of applicable law, rules, regulations or licensing conditions.

Customer hereby agrees to indemnify and keep CYBERNET and KSE indemnified against loss or damage incurred by or occasioned to CYBERNET or KSE as a result of use of the Service by Customer or any other person acting through the Customer in violation of any rights of any third person or party including, but not limited to, intellectual property rights and rights of privacy.

If for any reason any provision of this Agreement is determined to be unenforceable, such adjudication shall in no way effect any other provision of this Agreement or the validity or enforcement of the Remainder of the agreement. The affected provision shall be modified or curtailed only to the extent necessary to bring it into compliance with applicable law.

Customer acknowledge that technical information disclosed to it by CYBERNET may be proprietary in nature and Customer and customer agrees not to use any such proprietary information for any purpose other than to receive Service from CYBERNET and to keep all such proprietary information confidential and not to disclose such information to any other person or party without CYBERNET’s written consent.

This agreement shall be suspended during the period and to the extent of such period that either parties are prevented or hindered from complying with their obligations under any part of this Agreement by any cause beyond their reasonable control including but not limited to strikes, acts of governmental authority, unavailability of communications facilities or energy sources and natural disasters. If such period of suspension exceed 30 days, the agreement shall immediately terminate unless the parties otherwise agree in agreement.