Agreement Saudi Business Machines Ltd.
SAUDI BUSINESS MACHINES Ltd. ( SBM ) AGREEMENT FOR PERSONAL INTERNET CONNECT SERVICE This SBM Internet Connect Service ( “Service") is being provided to you, the end-user ("You"), by the SBM ("We" or “Us"). Please read the accompanying materials and all pages of this agreement (collectively referred to as “Agreement") before proceeding. You are authorized to access and use this Service when You have completely filled in all the required registration information and indicated Your agreement with terms of this Service as described in the registration instructions. This Agreement, its Fee Schedule and Your registration information are the complete agreement between You and SBM regarding this Service and replace any prior oral or other communications between us. In case of any conflict between the Agreement and its Fee Schedule, the Fee Schedule shall take precedence. YOUR ACTION IS REQUIRED TO CANCEL THE SERVICE. CANCELLATION MAY BE PROCESSED BY LOGON TO THE REGISTRATION SERVICE, BY WWW PAGE, OR BY PHONING THE SBM HELP DESK FOR YOUR COUNTRY. 1) Charges You will incur Dial Access charges as specified in the Fee Schedule for SBM Network Access to Internet Services when using this Service. We provide You the Fee Schedule upon Your initial use of the Service.
We may, at Our option, elect to accept Your credit card for payment. If You have provided Us with Your credit card for payment and We have accepted this mode of payment, all charges that You incur for use of the Service will be debited to the credit card number You provide to Us. Should You decide not to use the Service, You must cancel Your registration or You will be invoiced for the relevant charges for the Service. Should this credit card number expire or should We otherwise be unable to
2) Description Under this Agreement, We provide You dial access to and use of the Service for the specific purpose of enabling You to access the Internet and offerings available on the Internet. Dial access is via telephone number(s) which We provide to You. When You use dial access, You will incur a dial access charge. With regard to Internet offerings, You are responsible for: 1. determining what offerings are available via the Internet and whether an offering meets Your requirements; 2. obtaining user IDs in order to access other offerings and contacting Us directly if You have problems with our offering; 3. obtaining and adhering to all other terms associated with usage of Internet, a specific Internet offering, or an intermediate provider’s offering which We use for access to the Internet. 3) Access to Internet Service Description We provide only access to the Internet. We do not own or control all of the various facilities and communication lines through which access may be provided. Accordingly, We shall not be responsible for user/access security. Each Internet provider owns, maintains, and/or supports its offering. Availability and content of an Internet offering are the responsibility of the Internet offering provider. Certain Internet offerings may contain language or pictures which some individuals may find offensive, inflammatory, or of an adult nature. Such contents are the sole responsibility of the Internet offering provider. We do not endorse such materials and disclaim any and all liability for their content. In addition we discourage access to such information as it is violating the laws of the Kingdom of Saudi Arabia. 4) Electronic Communications Each of us may communicate with the other by electronic means as described in this Agreement and its registration information. Each of us agrees to the following for all electronic communications: 1. the User Identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender’s identity and the communication’s authenticity; 2. an electronic communication sent by You containing Your User Identification establishes You as its originator and has the same effect as a document with Your written signature on it; and 3. an electronic communication, or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication. 5) General Terms Each of us agrees that: 1. all information exchanged by both of us is non confidential; 2. either party will refrain from infringement on any copyrights/intellectual property rights of any information or sources, 3. either party will refrain from using the network to cause nuisance, threaten or circulate rumors on any person or entity whatsoever, 4. unless otherwise provided for in this Agreement, either party may terminate this Agreement, with or without cause, by giving notice to the other, in such case the Agreement will terminate at the end of the month in which notice is given;
5. any terms varying from this Agreement in any order, written or electronic
6. neither of us grants the other any license to use either party’s patents, copyrights, trade secrets, or other intellectual property rights; 7. neither party will bring a legal action more than two years after the cause of action arose; 8. if any provision of this Agreement is determined to be invalid, all other provisions shall remain in force; 9. this Agreement and all Your rights and obligations are governed by the laws of the Kingdom of Saudi Arabia (the country where You will be primarily accessing the Service). 6) Our Responsibilities We will: 1. provide You with a User Identification code to enable access to the Service. The Service allows You to enter and maintain Your registration information; 2. send any electronic notice to You at the User Identification code We provide You; 3. provide You with a telephone number to enable You to connect to the Service; 4. provide You electronic or written notice if We change or terminate this Agreement, increase Service charges, or change invoicing procedures. Such changes shall be effective immediately; and 5. provide access to the current Agreement and any succeeding Agreement, as applicable so that You may retrieve it or view it online. 6. refrain from sharing usage accounts with any party or to divulge user ID’s to third party. 7) Your Responsibilities You agree: 1. to review any Agreement updates We provide. Your continued use of the Service shall be construed as Your acceptance of the updated Agreement terms; 2. to provide to Us, Your accurate and truthful registration information (such as Your name, address, telephone number, credit card information and bank account information) and to keep current all registration information, while using the Service; 3. that We may use Your name, User Identification code and other identifying information in Our user directory; 4. not to assign, or otherwise transfer, this Agreement or Your rights under it, delegate Your obligations, or resell the Service. Any attempt to do so is void; 5. that You are responsible for the results obtained from the use of the Service; 6. not to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; 7. to obtain, install, and maintain suitable equipment and software as necessary to access the Service;
8. not to use the Service for any criminal or illegal activities - including without limitation vice and gambling-, or post any information that might be legally actionable,
9. not to use the Service for spamming or flaming to hack or otherwise obtain unauthorized access; 10. not to seek redress from Us if You are harmed or offended by information, products or services which You access through the Service or other Internet offering provider’s service; 11. be responsible for accurately addressing information sent using the Service; 12. to obtain all required permissions if You use the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws; 13. to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data; 14. not to delete or alter author attributes or copyright notice, unless expressly permitted in writing by the author or owner; 15. to give all required notices under this Agreement by calling Your support center, (see “Internet Access Support” for the telephone number of SBM; 16. to pay any taxes, including personal property taxes, resulting from Your use of the Services provided under this Agreement. This does not include taxes based on Our net income; 17. to pay charges for all Service usage You incur by any means; 18. to have the invoice sent directly to You and to pay SBM Internet offering charges if associated with Your usage of their offering; 19. to promptly notify Us if you suspect unauthorized use of the Service or your User Identification. Until notified, You remain responsible for unauthorized use. Liability for use of a credit, debit or charge card remains subject to Your agreement with Your card issuer; 20. to provide Us with the requested identification when requesting password reset or in connection with other security matters; and 21. to indemnify Us SBM and Our Licensors for any damages or costs associated with Your breach or failure to perform Your responsibilities hereunder. 8) Disclaimer of Warranty and Limitation of Liability
WE WARRANT THAT, IF AN END-USER IS DISSATISFIED WITH THE SERVICE OR ANY FEATURE PROVIDED IN OR THROUGH THE SERVICE, UPON NOTICE FROM THE END-USER, WE WILL TERMINATE THE AGREEMENT WITH IMMEDIATE EFFECT. THIS
WE DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY’S OFFERING(S) OR PRODUCT(S). ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED. WITHOUT LIMITATION, NO WARRANTY IS GIVEN THAT THE PROGRAM, SERVICE OR PRODUCTS ARE ERROR-FREE. WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTER EXCHANGE CARRIERS’, LOCAL EXCHANGE CARRIERS’, OR OTHER PROVIDERS’ FACILITIES.
WE, INCLUDING OUR LICENSORS, DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS OR USE OF THE PROGRAM, SERVICE, AND/OR RELATED PRODUCTS WE PROVIDE OR ANY OTHER SERVICE
A) DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO REALIZE EXPECTED SAVINGS; OR, B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. This Section applies to all claims by You irrespective of the cause of action underlying Your claim, including, but not limited to: a) breach of contract, even if in the nature of a breach of condition or a fundamental term or a fundamental breach, or b) tort, including but not limited to negligence or misrepresentation. In no event are We or Our Licensors liable for any damages arising from Your failure to perform Your responsibility in connection with this Agreement, or arising from any cause beyond Our control, including but not limited to delay in the performance of Our obligations or misuse of Your Userid.
All limitations and disclaimers stated in this Section also apply to Our Product
9) Your Additional Rights You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, Our exclusions or limitations may not apply to You. 10) Handling of Your Information We maintain security procedures for your data while it is stored on or transmitted over equipment and facilities we control. You are responsible for management of Your data stored on or transmitted over our network. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space You control, and your selection and use of the security facilities and options that We provide as Services. Apart from the Services We provide, You are responsible to develop and maintain any security procedures You deem appropriate, such as logon security and encryption of data, to protect Your information. Solely for the purposes of network maintenance, We may need to view and work with portions of the data You transmit over our network such as address header information. You agree that We may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute Your data domestically and internationally for such purposes. We agree not to reverse assemble, reverse compile, or to disclose to third parties the information You transmit over our network while using the Service (unless required by law, court order, an authorized government entity, or as otherwise authorized by You). 11) Service Availability and Access This Service is generally available daily, seven days a week, except for maintenance. Service maintenance generally takes place from 3 a.m. until 5 a.m. (KSA time) on Friday. In addition, the registration facilities are generally not available from 9 p.m. Thursday until 5 a.m. (KSA time) on Friday. However, We may at anytime without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities. 12) Miscellaneous You represent that You are not a specifically designated individual or entity under any U.S. embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the U.S. Government limiting, barring, revoking or denying, in whole or in part, Your U.S. export privileges. You agree to notify Us immediately in the event You become subject to any such order. We reserve the right to immediately withdraw the Service (in whole or in part) from You if, in Our opinion, Your use of the Service is disruptive, causes a malfunction of the Service, violates the terms of this Agreement, if We receive information that the Service or Your use of the Service (or any part thereof) may violate any copyrights or other intellectual property rights of Ours or a third party or any other applicable laws and regulations (including but not limited to US export regulations), or if We receive an order from a court of competent jurisdiction requiring Us to do so. If You connect to the Service automatically, without manually entering Your User Identification code, You must understand that anyone, including a child, who has access to Your computer can also gain access to the Service or other services that You disapprove of and could abuse Your personal registration information. Attachment A Acceptable Use Policy
Our goal at SBM Internet Connect Services is to provide a high quality Internet
The Acceptable Use Policy below describes activities which SBM Internet Connect Services considers to be violations of the terms of the Agreement for SBM Network Access to Internet Service (Terms of Service) and which are therefore prohibited. The examples listed are not exhaustive and may change from time to time. They are provided solely for guidance to SBM Internet Connect Services’ customers. If you are unsure whether any contemplated use or action is permitted, please e-mail postmaster@sbm.net.sa for assistance.
Please be advised that SBM intends to exercise its rights under the Terms of
SYSTEM AND NETWORK Attempts to obtain unauthorized access, such as attempts to circumvent user authentication or security of any host, network or account ("cracking"). This includes accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access or probing the security of other networks. Attempts to interfere with service to any user, host, or network. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service and attempts to “crash” a host. Use of any kind of program/script/command designed to interfere with a user’s terminal session. Harassment, whether through language, frequency, or size of messages. Sending e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, the customer must not send that person any further e-mail. Sending unsolicited bulk mail messages ("junk mail” or “spam") which, in IBM’s sole judgment, is disruptive or generates a significant number of user complaints. This includes bulk-mailing of commercial advertising, informational announcements and political tracts. Forwarding or otherwise propagating chain letters and pyramid schemes, whether or not the recipient wishes to receive such mailings. Malicious e-mail, such as “mailbombing” or flooding a user or site with very large or numerous pieces of e-mail. Forging of header information. Accounts may not be used to collect replies to messages sent from another Internet Service Provider where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider. USENET Posting the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam"). Posting a message whose subject or content is considered unrelated to the subject matter of the newsgroup in which it is posted. Posting chain letters of any type. Posting binary files to newsgroups not specifically named for that purpose. Canceling or superseding posts other than your own, with the exception of official newsgroup moderators performing their duties. Forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup or attempting to evade local or remote spam filters. PERSONAL WEB SPACE: Selling any products or services that are unlawful in the location at which the content is posted or received. Posting any content of the inappropriate nature (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable). Posting any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
Posting any content that holds SBM (including its affiliates ), employees or
Posting any content that violates any copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights of others. Failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.
Deleting or altering author attributes or copyright notices, unless expressly
Posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission or consent of the person(s) involved, or posting content that is likely to cause emotional distress. Introducing viruses, worms, harmful code and/or Trojan horses on the Internet. Using SBM provided personal web space as a bulletin board or chat room. Copyrights (c) 2002, Saudi Business Machines, Ltd.
For all other comments and suggestions about this site please send e-mail to webmaster@sbm.net.sa
|
 
|
You need to upgrade your Flash Player