Article 1 Definitions

Carib-Online NV hereinafter to be referred to as COL, the provider of the services in question.
Customer: purchaser of services offered by COL
Service: The possibility to, against payment of a fixed fee by COL, gain access to the Internet from any location using the equipment of COL, or make use of the technical facilities offered by COL for the offering of information and the use of e-mail or any other facility for the use of the customer, in a way as offered by COL and agreed to by the customer and COL.

Article 2 Start, amendment and termination of agreement

2.1 By oral, written or electronic giving order to get one or more services, the customer signifies his agreement to all terms, conditions an notices contained or referenced herein (the “Terms of Use”) with exclusion of possible general conditions on customers side.
2.2 Agreement will become effective by acceptance of the order by COL. In case COL does not accept the order, COL will have no obligation of any kind to customer.
2.3. The representative who wishes to sign an agreement on behalf of a corporate entity, needs to be able to prove his authority upon request by COL.
2.4 An agreement is only signed based on the tariffs that are in place at time of signing.
2.5 An account, a web site, e-mail facilities or other services with a periodical fee will be rendered for the minimum period of use or subscription (2 months) with the exception of direct connections (12 months).
2.6 A new dial-in account becomes active after COL is in receipt of the necessary funds for the following subscription period. The customer is offered the possibility to pay by means of standing order, credit card or payment of cash in advance. Any other service periodically charged by COL, or withdrawn from customers account automatically, will become active after payment of first user period, with possible delivery times taken into account. The customer receives an invoice in e-mail.
2.7 The cancellation of dial-up accounts, need to be received 1 month before the new subscription or user period starts. For cancellation of a direct connection there is a 2 months notice.

Article 3 Scope of terms and conditions

3.1 These terms apply to all relations between COL and the customer. In case and as far as one or more articles of these terms are deviated from in writing, all other articles will remain unabbreviated in place. The agreed changes of these regulations are only in place for cases determined in the agreement, unless those exceptions are confirmed in writing in the next agreement.
3.2 Rank: Agreement – appendix – standard conditions

Article 4 Responsibility of customer

4.1 Communication
4.1.1. Personal messages are send in e-mail. This method is the official means of communication of COL
4.1.2 From / to customers. From the customer it is expected that in his communications and/ or conduct towards others refrains from expressions that by frequence or content can be considered offensive, threatening or otherwise slandering. Col retains the right in such cases to cancel the account, web site or e-mail of the customer.
Customer is free to post any information on provided news groups or to offer via a personal home page or web site, in accordance with the rules set out in these terms of delivery and as long as the means provided are being used c.q. the soft ware offered for such goal is being used.

Article 5. Customer rights

5.1 User name and personal information dial- in accounts
5.1.1 Freedom of choice. Customers are free to choose their own user name. This choice is free as long as there are no conflicts with already existing user names and the technical limits of the system. The maximum length of a username is 12 characters. The user name will be used in news groups, e-mail messages, and other utilities used by system management.
5.1.2 Personal information. The customer is free to fill out the name space as he wishes. With the opening of the account the name field will be filled out with the actual name of the customer.
5.1.3 rights COL: COL has the right to reserve sudden names for internal system management or to refuse user names.
5.1.4 Update of personal data. Customer is obligated to inform Col of relevant changes in personal data. Relevant personal information is: full name, address, place or residence, phone number, bank/ Giro account number.
5.1.5 Processes for dial-in accounts. Running back ground processes is allowed. The customer can suspend processes and place them in the back ground and at the same time play different processes. The customer can interactively run these processes. When a customer is running a process after logging out, the system administrator can assume that this is a stray process accidentaly left behind, and can kill the process in order to diminish the load on the system. It is not allowed to run back ground processes that use sockets for TCP/IP and UDP/IP communications as well as other network protocols. When a customer runs these type of processes there is the risk of cancellation of his account. These processes would be amongst other IRC bots, processes for TCP/UDP file transfer, MUD`s etc. The customer is requested to use nice values higher than 5 with CPU interactive jobs like compilations. This to guarantee the customer a good interactive response from the COL systems and networks. 5.2. Freedom of expression. The right of freedom of expression also applies to the information the customers sends out/ offers through the services of COL. COL will not censure this unless the customer breaks the law, custom, good manners or rights of others.
5.3 Privacy. COL is not allowed to pass personal data of customers on to thirds, unless the public authorities demand this. If possible within reasonable limits, the customer will be informed that his personal data were passed on to thirds.
5.4. Customer has the right to usage of an amount of hours and or traffic that was agreed with COL. If he has not used the amount of hours or traffic for the month, it will still be considered as used up at the end of the month. It is not possible to transfer these unused hours of traffic to the following month. If during the month more hours were used than agreed in the price plan, an amount of Nafl. 3.50 per extra hour will be charged.

Article 6 Rights of COL

6.1 Col has the right to change these Terms and Conditions. These changes will be posted in e-mail. Objections against these changes can be send in e-mail to the management
info@carib-online.net.
6.2 COL retains the right to change the tariffs and conditions of the services provided. Customers receive notice of price increases at least one month before, by means of communication channel mentioned under 6.2.
6.3. Col has the right to cancel and/or remove the account or to cancel a website or other service, if the customer has infringed the conditions and restrictions as mentioned in this document or if customer has in any other way infringed the law. The customer will not be eligible for reimbursement of the service.

Article 7 Responsibility COL

7.1 COL puts forth great efforts except necessary preventive maintenance work and unforeseen circumstance to keep the system operational twenty four hours a day, seven days a week.

Article 8 Force majeure

8.1. In case of circumstances beyond one`s control, COL has the right to consider (entirely or partially) the agreement as dissolved without any reimbursement obligation to the customer.
8.2. In such case COL has the obligation to notify the customer immediately.
8.3. Force Majeure is considered every circumstance beyond control of COL, unforeseen or foreseen circumstance at the time of completion of the agreement, causing the compliance of the order to be temporarily or permanently obstructed or can no longer reasonably be expected of COL.

Article 9 Delivery

9.1. By delivery is mend the agreed service between COL and customer, made possible technically or by organization of COL.
9.2 Delivery times can only be given by approximation. Transgression thereof does not entitle the customer to reimbursement or cancellation of the order.
9.3 In case because of circumstances, also in case these are caused by COL, COL is temporarily or permanently unable to complete the agreement partially or totally, COL has the right to choose to cancel the agreement completely or partially or to have a third complete the agreement. COL will notify user of such decision.
9.4 If customer has complaints about the execution of the agreement or services by COL, he can lodge these complaints at the COL helpdesk. These complaints will be regularly inventorized upon which action will be taken to improve the situation. COL does the utmost to answer all complaints personally in e-mail.
9.5 The customer needs to give COL the opportunity to investigate the complaint and to correct it. In default of strict observance of stipulated under article 9.4 every right on that account of user will be forfeited.
9.6 Complaints will leave customers duty to pay intact.

Article 10 Terms of payment

10.1 Terms of payment for dial-in accounts/ direct lines
10.1.1 COL will monthly invoice the customer the amount owed by means of an electronic invoice the first week of the month preceding the subscription period. Only at request and by payment of an administration fee will the invoice be send by regular mail. The amount concerned will preferably be paid by automatic withdrawal of the account the first week of the month preceding the subscription period.
10.1.2 In case the customer disagrees with the amount withdrawn he can claim within one month or cancel the payment.
10.1.3 Variable cost (mainly extra hours) will be charged afterwards, together with the charges for the following subscription period.
10.1.4 Customer can once per following subscription period change his current dial-in account into another account, free of charge, the next change will be at a charge of the current administration fees. The request for such change needs to be done at least the first of the month preceding the new monthly subscription period.
10.2 Payment conditions other services
10.2.1 COL will invoice the customer immediately after the service has been rendered., with exception of charges as mentioned under 10.2.2. The customer will receive an invoice for the latter.
10.2.2 COL will monthly invoice the customer for a services to be provided periodically. The customer eeceives an invoice. The set periodical charges for a service will be invoiced in advanced, the variable cost of a service will generally be charged afterwards on the invoice of the following period.
10.3 In case the customer fails (in a timely manner) to comply with his financial duties, COL will cancel the account / direct line web site or any other service within 14 days after receipt of the invoice for the subscription or user period. Late payment is considered when a customer fails to pay an installment partially or totally, cq the invoiced amount cannot be withdrawn from customers account by means of a draft or in case the amount is reclaimed.
10.4 In case of late payment by customer as well as in case of a moratorium or bankruptcy all amounts due to COL by customer will be immediately and completely demandable, without giving notice of default.
10.5 Failure to pay amount due to COL results in customer being charged 1 % interest per month, starting on the day that the amount should have been paid. The interest will be calculated over the amount demandable on the due date, part of a month will be calculated as a whole month.
10.6 All costs, judicial and extra judicial, amongst which the cost of judicial assistance, related with the collection of amounts due will be for the account of the customer.

Article 11 Liability COL

11.1 COL shall not be liable for damage resulting from the system being temporarily (planned and unforeseen) not operational.
11.2 COL shall not be liable for the wrong use of offered services by the customer.
11.3 COL shall not be liable for the wrong use of software by customer.
11.4 Customer holds harmless COL for the information placed via all services offered by COL.

Article 12 Jurisdiction of judge

Col has the right to demand that the exclusive jurisdiction for any claim arising out of this agreement, where the judge has absolute competence, shall be filed only in the court located in Curacao, Netherlands Antilles, all this subject to the free choice of COL.

Article 13
Claims arising out of this agreement shall be governed by the laws of The Netherlands / Netherlands Antilles.