1. KSC Commercial Internet Company Limited ("KSC") is a company providing access to its network on which facilitates a subscribers use of the world wide web ("WWW"), electronic mail ("E-mail"), and FTP, via different types of connection and access including a Narrowband Access and Broadband Access by the subscriber keying in a valid log-in ID. It also provide a web hosting service to companies and individuals wishing to have their own websites or e-commerce presence ("hosting service").
  2. KSC will issue a log-in ID to the subscriber. By using the log-in ID to access the Services, the subscriber will be signifying his/her acceptance of these terms and conditions.
  3. The subscriber is required to adhere to these subscriber terms and conditions of use as well as KSC's website terms and conditions of use and privacy policy.
  4. Definitions
    • "the/this agreement" - means these terms and conditions and KSC's website and subscription collection process terms and conditions of use as amended and updated from time to time;
    • "effective date" - means the date when the subscriber receives his/her log-in ID;
    • "log-in ID" - means a valid log-in ID and password specifically granted to a subscriber;
    • "password" - means the word or device or sign given by KSC to the subscriber that will entitle the subscriber to gain access to KSCs computer network;
    • "Service" or "Services" - means any service that may be provided by KSC from time to time;
    • "subscription" - means any amount payable to KSC as stated in this agreement and, where applicable, includes the monthly connection fee, usage fees, and other fees that have been levied for any of the Services, any interest outstanding, all current amounts due and amounts that must still become due.
  5. Subscription Agreement
    1. KSC, with effect from the effective date, hereby grants to the subscriber the use of its computer network to gain access on the terms and conditions on this agreement.
    2. The subscriber hereby acknowledges receipt of such access and agrees:
      • that the log-in ID will be used for his/her personal use only;
      • not to give or make available in any way his/her personal log-in ID and password to any other person for such persons use and undertakes to maintain the confidentiality of such log-in ID and password and at no time shall the subscriber permit and/or initiate a simultaneous network log-in at any time ("unauthorized use)"
      • not to circumvent KSC's user authentication processes or engage in attempts to access KSC's computer network where not expressly authorized to do so;
      • that in the event that the subscribers password is compromised, the subscriber shall immediately notify KSC and change his password; and
      • that in the event that any unauthorized use takes place, to pay immediately, on demand made by KSC, all costs, loss and/or damage (including both direct and consequential loss or damage) incurred or suffered by KSC arising out of the use of such subscriber log-in ID.
    3. KSC provides many types of dial-up internet packages to be consistent with your requirement. You are required to check the type of internet package to be in accordance with your requirement and to be consistent with the service area as details appeared on the package, and to read the instructions of how to use and connect the internet appeared on the package and attached to the package carefully. Any damages and losses occurred to you by the reasons that you do not check the type of internet package and/or do not read and study such instructions shall not be deemed as the fault of KSC, KSC has no responsibilities and liabilities of any kinds to any damages and losses occurred thereby. You assume full responsibilities for all risks and damages arising out of such violation by yourself. For example, dial-up connecting by using incorrect modem number that is not consistent with your area code/location is subjected to long-distance call rate charge. You are fully and solely responsible for such long-distance call rate charge. In case you have any problem concerning to the use of the internet service, KSC strongly recommends you to call to Call Center at 1238.
  6. Issue password
    • KSC will issue a password to a subscriber when registration and in no event KSC shall must keep password by any means. The subscriber must keep his/her password in confidential and must not give or make available in any way his/her password to any other person to engage in attempts to access KSC's computer network and/or to do and act which unlawful.
    • KSC shall not be liable in respect of any loss or damage caused by or arising from using the subscriber's password by any other person. The subscriber shall be entitled to change his/her password through online systems, which is provided by KSC. In case the password is changed and/or the subscriber could not recognize his/her password, the subscriber may request KSC to set up new password, and KSC reserves the right to adjust the fees of such service.
  7. KSC reserves the right to approve login name requested by the subscriber, which will be as a part of the subscriber's e-mail address, as it deems appropriate for protection of the issuance login-name in duplicate.
    If the subscriber requests to change his/her login-name after the first login-name registration, KSC is entitled to change the service fees of such change as it think fit.
  8. Cancellation Policy

    Your Internet account will be cancelled at the end of each month. The "Cancellation Form" and a copy of document attached must be received at least 7 working days prior to the end of the month. You will be fully charged for the Minimum Usage Fee and any Extra Charge of your last billing period. The company will not be responsible for any damage that may be occurred from this cancellation.

    ** In the event that the customer wishes to cancel subscription prior to the expiry date, the company reserves the right to retain any remaining balances in subscription and / or rental fees.

  9. System Availability
    1. KSC will use reasonable endeavors to make the service available to the subscribers. However, you agree that KSC shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or the use of the service for any reason whatsoever. This exclusion of liability of KSC for loss or damage will include (but not limited to):
      1. losses caused by negligent acts of KSC and any acts of KSC's employees;
      2. any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;
      3. any loss regardless of whether a claim for such loss is based on breach of contract, tort, breach of implied warranties or otherwise; and
      4. any loss whether it could have been foreseen or not.
    2. KSC will notify you of any maintenance and repairs which may result in the service being unavailable, but does not warrant or otherwise contractually undertake that such notice will be given.
    3. Payment of Charges
      1. The subscriber shall pay the subscription, charges and charge rates applicable as at the effective date subject to any increases or decreases as may be effected from time to tome.
      2. The subscriber shall be invoiced for the monthly [service] fee as set out in the price list in advance at the beginning of each month, and for usage fees as per the price list on a monthly basis on the last day of the month.
      3. In the event that the subscriber fails to pay any amount which may become due by the subscriber to KSC in terms hereof on the due date for such payment, then, without prejudice to any of the rights granted to KSC in terms hereof:
        1. any such amount not paid on due date shall bear interest at the rate of 2% above MOR rate of the Siam Commercial Bank Plc., calculated daily in advance as from the due date (both dates inclusive);
        2. KSC shall be entitled to take all such further steps, without notice, as may be necessary to recover such monies from the subscriber, and/or to suspend the service to the subscriber until such time that the subscriber has fulfilled his/her obligations in terms hereof, or to terminate this agreement. The subscriber agrees that he/she shall pay all costs associated with the recovery of monies including legal fees on an attorney and own client basis.
        3. KSC shall give the subscriber 30 days written notice of any increase or decrease in the rates set out in its standard price list should KSC in its sole discretion elect to increase or decrease such rates, and the subscriber shall be bound to such adjustments.
  10. Security
    1. In order to ensure the security and reliable operation of KSC's network to all subscribers, KSC hereby reserves the right to take whatever action KSC finds necessary to preserve the security and reliability of its it's network.
    2. The subscriber acknowledges that he/she is prohibited from utilizing KSC services to compromise the security or tamper with system resources or account(s) on computer(s) at KSC, or at any other site.
  11. User Etiquette and Abusive Behavior
    1. The subscribers shall not engage in any abuse of e-mail or spamming, and which shall include, but not be limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to e-mail and newsgroup recipients that did not request to receive such messages;
    2. The subscribers shall not add, remove or modify identifying network header information in an effort to deceive or mislead or attempt to impersonate any person by using forged headers or other identifying information of any other person;
    3. The subscribers shall not post or transmit any message, data, image or program which is defamatory, or violates any other personality rights;
    4. The subscribers shall not post or transmit any message, data, image or program which is illegal, offensive, threatening, abusive, harassing, harmful or hateful data, image or program;
    5. The subscribers shall not post or transmit any message, data, image or program which violates the intellectual property rights of others;
    6. The subscribers shall not interfere with use of the Internet by any other KSC subscribers or other users;
    7. The subscribers shall not post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by the subscriber;
    8. The subscriber shall not violate the privacy of any person, which shall include but not limited to, hacking. In the event that the subscriber engage in any one or more of the above prohibited practices, which shall be determined in KSC's sole discretion and which decision shall be final, then KSC shall be entitled to:
      1. terminate, without notice, the subscriber's account and/or access to KSC services, including but not limited to web hosting services and e-commerce services;
      2. bill the subscriber for any costs incurred by KSC, including, but not limited to, bandwidth, administration costs, downtime, usage of KSC's name or registered domain names, and CPU cycles; and
      3. notify all those persons who received the offending spam of the personal and public information of the subscriber.
  12. Indemnity
    The subscriber hereby indemnifies and holds KSC and any other person free from liability for loss or damage of whatever nature and howsoever arising from the subscriber's use of the service and/or failure to perform its obligations in terms of this agreement, including but not limited to its failure to comply with these Terms and Conditions of use, and with any other requirements of KSC as may be imposed from time to time.
  13. Breach
    If the subscriber be in default of any payment due in terms of this agreement or fail to observe and perform any of the other terms, conditions or obligations of this agreement, then KSC shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, to do the following:
    1. claim immediate payment of all amounts payable in terms of this agreement, whether or not such amounts are due; and/or
    2. immediately suspend the services provided for in this agreement until such time that all such outstanding amounts have been paid; and/or
    3. immediately terminate this agreement, retain all monies already paid by the subscriber and to recover all legal costs, including costs on the attorney and own client scale.
  14. Cession and Delegation
    KSC shall be entitled to cede and transfer or delegate to any third party at its absolute discretion all or any of its rights or obligations under this agreement.
  15. Jurisdiction
    The subscriber hereby irrevocably consents to the jurisdiction of the Court of justice in Thailand in respect of any proceedings that may be initiated by KSC arising out of this agreement.
  16. General
    1. The parties acknowledge and agree that this agreement sets out the whole of the agreement between them and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which any party is relying in concluding this agreement.
    2. No variation of this agreement unless (i) carried out unilaterally by KSC or (ii) recorded in writing and signed by the parties, shall be binding on KSC.
  17. Mailing Address for the Purpose of Giving or Serving any Notice
    1. KSC: 2/4 Chubb Tower (10th Floor), Vibhavadi-Rangsit Rd., Thungsonghong, Laksi, Bangkok 10210; and
    2. the Subscriber: the address provided in the application form when subscribing for the Service.
  18. The subscriber acknowledges that as at the effective date, all the details furnished by it to KSC are true and correct.
  19. KSC reserves the right to amend these Terms and Conditions as it deems appropriate.