Explore Internet with TurtleSpot

The following Terms and Conditions apply to all customers who bought and/or used any TurtleSpot product after 1 March 2006.
Terms and conditions for TurtleSpot�s Product Range
These Terms & Conditions apply to TurtleSpot Wireless and TurtleSpot DSL customers
These terms and conditions (the "Conditions") govern your use of the TurtleSpot service; the content, features and functionality of the service are described on the Order Form (the "Service").
The Service is supplied by TurtleSpot Co. Ltd, Reg.no. 0845549001961, address 9/26 Moo 1, Tambol Koh Tao, Amphur Koh Phangan, Province of Suratthani, Thailand.

1. DEFINITIONS

1.1 Please note some terms used in these Conditions will have a certain meaning:
Access Line means the telecommunications circuit that you use to obtain telecommunications services over the public switched telephone network at the Premises as notified by you to TurtleSpot;
Agreement means these Conditions including the Schedules together with the applicable Order Form;
Business Customer means you are (i) a person who uses the Service in connection with your trade, business or profession; or (ii) a company, partnership or other organisation other than a Consumer;
Business Days means Monday to Friday, excluding public Thai holidays and Business Day shall be construed accordingly;
Carrier means any supplier of telecommunications services to TurtleSpot for the service;
Consumer means that your use of the Service is for personal use only and you do not use the Service as a Business Customer; if you change your use during the term of this Agreement from consumer to business use, the Business Customer provisions of this agreement will apply to you;
Customer Apparatus means apparatus owned by you not forming part of the Equipment but which may be connected to the Equipment directly or indirectly including and limited to any computer and/or switch and/or hub you may purchase for a self-installation version of the Service, but always excluding the pre-configured DSL modem;
TurtleSpot System means the telecommunication system which Thus plc runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, TurtleSpot from a third party;
Equipment means any apparatus or equipment provided by TurtleSpot or any third party to you at the Premises as part of the Service including but not limited to any microfilter and/or dsl modem so provided;
Minimum Period of Service means the period of 6-12 months, depending on the contract, beginning on the date when the Carrier enables you to receive the live Service;
Order Form means the form which you sign and return to TurtleSpot, or fill in and agree to online, to order the Service;
Physical Characteristics means, for customers who self-install the Service, sufficient power and appropriate power sockets to enable the customer to receive the Service, and an existing TOT telecommunications analogue telephone line; for customers whose Service is installed on behalf of TurtleSpot, a wall mounted power socket within two (2) metres of the master phone socket and an existing TOT analogue telephone line;
Premises means your premises where the Service is to be received;
DSL modem means DSL modem provided by TurtleSpot;
Service means the installation (where applicable), connection and supply of a telecommunications circuit capable of supporting DSL services at the Premises and the provision of telecommunication services over such circuit;
Standard Tests means the tests carried out by TurtleSpot or any third party to determine whether the Service is ready;
Support Service means the support and maintenance service provided to you in respect of the DSL modem;
you means the person (whether a Consumer or Business Customer) who orders the Service; and
we us and our means TurtleSpot and belonging to TurtleSpot as the case may be.
The Order Form details the price and other individual features of your application to receive the Service.
These Conditions, together with TurtleSpot's Acceptable Use Policy (AUP), explain our responsibilities to you and your responsibilities to TurtleSpot and to other users of the Service (Users). The AUP in particular outlines what we consider to be unacceptable use of the Internet by our customers so that we can take appropriate steps against abusers of the Internet. All references to Conditions include reference to the Order Form and the following AUP (found at www.TurtleSpot.net/en/aup.asp): Internet Access.
The AUP and the Order Form form an integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP and to the Order Form. Please indicate your acceptance of the provisions of these Conditions, including the AUP and the Order Form, by signing the Order Form. If there is anything you do not understand, please email us at info@TurtleSpot.net.
If you are a Consumer, you must be 18 years or older to register for the Service. By signing the Order Form, or submitting the Order Form to TurtleSpot via the online registration process, you confirm to us that you are 18 years of age or older.

2. PROVISION OF THE SERVICE

2.1 The Service and the Support Service is described on the Order Form and at�the services page
2.2 You agree to receive the Service and the Support Service and pay the fees for the Service and the Support Service for the Minimum Period of Service.
2.3 TurtleSpot will provide the Service and the Support Service to you with reasonable skill and care. If you are a Business Customer, TurtleSpot excludes all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it.
2.4 To use the Service and Support Service, you need to supply us with certain details on your Order Form. You must ensure that the information provided is complete and accurate. We will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
2.5 TurtleSpot shall provide the Service and the Support Service to you according to the Conditions of this Agreement. TurtleSpot may obtain telecommunications services from a Carrier in order to supply the Service to you. You accept that it is technically impracticable to provide telecommunications services which are entirely free of faults and TurtleSpot does not undertake to do so. You also accept that you may not be able to receive the Service due to certain technical restrictions.
2.6 You must have an Access Line which:
2.6.1 is a suitable TOT analogue exchange line which has no incompatible services operating on it; and
2.6.2 is connected to a suitably equipped TOT exchange at which there is appropriate capacity.
2.6.3 is (to be) provided by TurtleSpot in case 2.6.1 and 2.6.2 are not applicable.

Provisioning of the Service by TurtleSpot is subject to distance limitations and survey by TurtleSpot. Your TOT exchange for which your Access Line is served must have sufficient Virtual Path ("VP") capacity. If you change from or do not maintain adequate Physical Characteristics we cannot be held responsible if you cannot or cease to be able to receive the Service.
2.7 TurtleSpot may occasionally have to interrupt the Service or change the technical specification of the Service for operational or planned maintenance reasons, for upgrades or because of an emergency. TurtleSpot will give you as much notice as practically possible of any planned interruption of your Service.
2.8 TurtleSpot will and can not be held responsible for any power outages, resulting in connectivity loss. Reliability of the power depends on the reliability of the government and/or private power. TurtleSpot is capable of handling power outages for short times at the main datacenter. Power supply at the remote areas and the Customer Premises are the responsibility of the Customer.
2.9 TurtleSpot may include links from time to time from the Service to other Internet sites. This page is accessible at all times on http://portal.turtlespot.net/ and will be shown every time a computer is disconnected for over 20 minutes. If you would like suggestions as to packages available then contact us by email info@TurtleSpot.net.

3. MINIMUM PERIOD OF SERVICE

The Minimum Period of Service and the Support Services begins on the date when the Carrier enables you to receive the live Service. TurtleSpot reserves the right to suspend or terminate the Service under paragraphs 11 and 12.

4. FEES

4.1 TurtleSpot shall provide you with the Service for the fees as set out on the Order Form. These fees are payable monthly in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. Payment must be made in cash at a TurtleSpot representative office as specified on the Order Form.
4.2 All fees are subject to change from time to time in the event that the Carrier increases its fees to TurtleSpot. Details of any such increase shall be posted in accordance with the notice process in paragraph 22 of these Conditions. In addition to the fee set out on the Order Form, TurtleSpot shall be entitled to charge the fees for the reasons given.
If you are a Consumer - you will be entitled to terminate the Agreement if you are unhappy with any proposed increase in price provided you notify TurtleSpot in accordance with the notice process set out in paragraph 22 of the Conditions within 14 Business Days of such notification of price variation.
4.3 If you are a Business Customer and you fail to pay TurtleSpot any sum due pursuant to the Agreement you will be liable to pay interest to TurtleSpot on such sum from the due date for payment at the annual rate of 15%, accruing on a daily basis until payment is made, whether before or after any judgement.

5. ACCESS

5.1 Unless you self-install the Service, you hereby irrevocably give permission to TurtleSpot and its employees, agents or contractors to:
5.1.1 execute any works on the Premises for, or in connection with, the installation, maintenance, adjustment, repair, alteration, moving, replacement, renewal or removal of the Equipment.
5.1.2 keep and operate the Equipment installed on, under or over the Premises; 5.1.3 enter the Premises to inspect any telecommunication apparatus kept on, under or over the Premises or elsewhere for the purposes of the TurtleSpot System.
The permissions set out in paragraphs 5.1 above shall continue in force after termination of this Agreement until such time as TurtleSpot has removed all Equipment from the Premises.
5.2 You must allow TurtleSpot or any Carrier to have access to the Premises at all reasonable hours for the purpose of testing or maintaining any of the Equipment (if Equipment has been installed by TurtleSpot) and/or the Service and provide a safe and suitable environment for such access visits.

6. INSTALLATION

INSTALLATION VIA TURTLESPOT - Paragraphs 6.1 - 6.5 apply to customers whose Service is installed by TurtleSpot

6.1 TurtleSpot shall attempt to provide and install or procure the provision and installation of the Equipment at the Premises so that the Service and the Support Service can be provided on or before any installation date specified or agreed to by TurtleSpot. Any installation date given is an estimate only and TurtleSpot shall not be liable for any failure to meet such installation date.
6.2 TurtleSpot shall supply you with the relevant information to enable you suitably to prepare the Premises for delivery and installation of the Equipment. You shall at your expense provide suitable accommodation, facilities and environmental conditions for the Equipment.
6.3 TurtleSpot shall attempt to comply with your reasonable requests in respect of installation but TurtleSpot's decision on the routing of cables and wires and the positioning of outlets and the Equipment shall be final.
6.4 A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Equipment at such points and with such connections as specified by TurtleSpot. Unless otherwise agreed, this power supply is to be provided by you. TurtleSpot shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.
6.5 You acknowledge that during the installation of the Equipment for the provision of the Service your Access Line may suffer a temporary loss of service which shall be reinstated following installation and/or interference to any other Customer Apparatus or services used in connection with the Access Line (e.g. Access Line security systems) without any liability to TurtleSpot.

INSTALLATION BY THE CUSTOMER- Paragraphs 6.6 - 6.7 apply solely to customers who SELF-INSTALL the Service

6.6 You are fully responsible for:
6.6.1 connecting a suitable microfilter to the Carrier's master socket (and any extension sockets) at your Premises in case other phones are tapped before the DSL router; and
6.6.2 connecting a suitable switch to the relevant port on the DSL modem in case of connecting more than 1 computer.
6.7 TurtleSpot accepts no liability whatsoever for any loss you or any third party may suffer as a result of:
6.7.1 your installation of the Service, including but not limited to loss caused by your installation of any microfilter, modem or Customer Apparatus; or
6.7.2 any faulty microfilter, modem or other Customer Apparatus, notwithstanding any list of suitable Customer Apparatus which TurtleSpot may publish.
6.8 TurtleSpot does not warrant that any particular Customer Apparatus shall be compatible with the Service and TurtleSpot shall not support any Customer Apparatus.
6.9 If TurtleSpot supplies you with a modem with the Service, you must agree to the terms of the relevant end-user licence software agreement to govern your use of the modem.

7. OUR EQUIPMENT - Paragraphs 7.1 - 7.5 apply to customers whose Service is installed by TurtleSpot

7.1 You agree not to do or allow anything to be done to the Premises that may cause damage to, or interfere with, the Equipment or prevent easy access to it.
7.2 You shall procure at your own expense all permissions, licences, registrations and approvals necessary for TurtleSpot to deliver, install and maintain the Equipment for the provision of the Services.
7.3 Following installation of the Equipment, Standard Tests shall be carried out by TurtleSpot to ensure that the Service is ready for use. If the Service is not ready for use, TurtleSpot shall either repair or replace, at its sole option, the Equipment or any part thereof and repeat the Standard Tests. You shall be entitled to use the Services following TurtleSpot informing you of successful completion of the Standard Tests.
7.4 The Equipment shall remain the property of TurtleSpot or the supplier of such Equipment and you shall at all times make clear to third parties that such Equipment is the property of TurtleSpot or a third party supplier of such Equipment.
7.5 You shall be responsible for ensuring at all times the safekeeping and proper use of the Equipment after delivery and installation at the Premises. You shall be liable to TurtleSpot for any loss, theft or damage to the Equipment (except where it can be shown that such loss or damage was caused by the negligence of TurtleSpot or due to fair wear and tear). You will notify TurtleSpot immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) you undertake:
7.5.1 to keep the Equipment at the Premises and not to move it;
7.5.2 to comply with all instructions as TurtleSpot may notify to you and/or with the manufacturer's instructions relating to the Equipment;
7.5.3 not to cause the Equipment to be repaired or otherwise maintained except by an authorised representative of TurtleSpot;
7.5.4 not to cause any attachments other than those approved for connection under the Act in writing by TurtleSpot or as otherwise instructed to be fitted to the Equipment;
7.5.5 not to do anything nor to allow to subsist any circumstances likely to damage the Equipment or detract from or impair its performance or operation and not to add, modify, or in any way interfere with or impair the performance of the Equipment;
7.5.6 not to attempt to sell, transfer, dispose of, let, mortgage or charge the Equipment or suffer any distress, seizure or execution to be levied against the Equipment or otherwise do anything prejudicial to TurtleSpot or the owner's rights in the Equipment.

8. CUSTOMER APPARATUS

8.1 You shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service and the Support Service.
8.2 You shall ensure that all Customer Apparatus complies with any applicable law. You shall immediately disconnect any Customer Apparatus if such apparatus does not, or ceases to, conform to applicable standards (if any) for the time being in force. TurtleSpot reserves the right to disconnect any Customer Apparatus used by you if you do not fulfill your obligations under this paragraph or if, in the opinion of TurtleSpot, such Customer Apparatus may cause the death or any personal injury to any person or damage to property or materially impairs the quality of any telecommunication service provided by means of the TurtleSpot System and you agree to disconnect such Customer Apparatus at the request of TurtleSpot.
8.3 Your Customer Apparatus must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards.
8.4 TurtleSpot accepts no liability whatsoever for any loss you may suffer as a result of your use or misuse of the Customer Apparatus or as a result of any faults in your Customer Apparatus. In particular, TurtleSpot is not liable whatsoever if you damage or incorrectly reconfigure any Customer Apparatus, which you have purchased for use with the Service.
8.5 Sharing or re-routing the connection is prohibited; it not allowed to connect a router or routing device (e.g. Internet Connection Sharing on a Windows machine) to the supplied connection. TurtleSpot will monitor connectivity from a single IP address: indications of connection sharing will immediately lead to a terminated connection for this device without prior notice.

9. YOUR USE OF THE SERVICE

9.1 You must NOT use the Service and/or the Support Service:
9.1.1 in a way that does not comply with the Conditions or any legislation or applicable license or that is in any way unlawful or fraudulent or, to your knowledge, has any unlawful or fraudulent purpose or effect; or
9.1.2 in connection with the carrying out of a fraud or criminal offence against any public telecommunications operator; or
9.1.3 to send, knowingly receive, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which causes overloads to the TurtleSpot System; or
9.1.4 to send or procure the sending of unsolicited advertising or promotional material; or
9.1.5 in a way that does not comply with any instructions given by TurtleSpot for reasons of health, safety or the quality of the Carrier's telecommunications services or the TurtleSpot System; or
9.1.6 attempt to use the Service in any way that modifies, decompiles or reconfigures the Service or any Equipment (if relevant) or software or copy any manual or documentation relating to the Service, without TurtleSpot's prior written consent, except as set out in this Agreement.
9.1.7 in a way that in the reasonable opinion of TOT could materially affect the quality of any telecommunications service, including the Service, provided by TOT, as notified to you by TurtleSpot.
9.2 You shall indemnify TurtleSpot against any claims or legal proceedings which are brought or threatened against TurtleSpot by a third party because the Service is used by you in breach of paragraphs 9.1.1 - 9.1.7 above.
9.3 You shall not share use of the Service, or any part of it, with any other person, or if you are a company with any person not a member of your company (or contracted to your company), whether directly or indirectly, including by means of radio or other wireless technology of any kind.
9.4 You will co-operate with TurtleSpot's reasonable requests for information regarding your use of the Service and supply such information without delay.
9.5 You shall not share use of the Service, or any part of it, with any other person.
9.6 If you are a Business Customer - You may not make any unauthorized commercial use of the Service. You agree to keep full and accurate records of any and all operating units on or in connection with which the Service is enabled and shall permit TurtleSpot to review and evaluate such records from time to time to ensure your compliance with your obligations in this paragraph 9.6.
9.7 If you are a Consumer - The Service is supplied to you for your personal use. You may not commercialize it or use it in connection with any occupation, trade or profession without TurtleSpot's prior written consent.
9.8 Where you use the Service to reach networks and services not operated by TurtleSpot, you will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.

10. BREACH OF CONDITIONS

For the avoidance of doubt, for this paragraph 10, the term "Service" shall be deemed to include the "Support Service".

If you are a Business Customer:

10.1 We shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to our network systems or security and in doing so we will act reasonably and fairly at all times.
10.2 We reserve the right to take any action we deem appropriate and proportionate to the breach of the Conditions.
10.3 If we decide that you have breached the Conditions, we will use reasonable endeavors to ensure that you are made aware of the breach without suspension or termination of the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further. We reserve the right to suspend or end your account at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.

If you are a Consumer:

10.4 We shall investigate any suspected or alleged breach of these Conditions and in doing so we will act reasonably and fairly at all times. We reserve the right to take any action we deem reasonably appropriate and proportionate to the breach of the Conditions.
10.5 If we decide that you have breached the Conditions, we will use reasonable endeavors to give you 7 days notice of our intention to suspend or end the Service and, if the breach is capable of remedy by you, you will have the opportunity to remedy the breach before the end of the 7 day notice period. If the breach is incapable of remedy, or you fail to remedy it, we reserve the right to suspend or end the Service at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. Particular examples of breaches which are incapable of remedy include jeopardizing or compromising the security or integrity of our network and serious breach of the AUP, including, for example, the posting or transmission of defamatory content through or in connection with the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further.

11. TERMINATION

11.1 You may end this Agreement to take effect after the Minimum Period of Service by giving TurtleSpot not less than thirty (30) days' written notice. If you wish to end this Agreement before the end of the Minimum Period of Service, TurtleSpot shall be entitled to charge you fees which would have been payable by you for the balance of the Minimum Period of Service. If you move from your Premises, TurtleSpot shall be entitled to charge you fees which would have been payable by you for the balance of the Minimum Period of Service at the Premises. If you wish to receive the Service and the Support Service at a new location, you are required to start a new contract for Service and the Support Service at your new premises.
11.2 TurtleSpot may end this Agreement immediately upon written notice to you if:
11.2.1 it becomes unlawful for TurtleSpot or the Carrier supporting the Service to continue to provide the Service or TurtleSpot or the Carrier supporting the Service is required to cease the Service by a competent regulatory authority; or
11.2.2 the Carrier supporting the Service ceases to do so for whatever reason or materially changes the terms of its provision of telecommunications services to TurtleSpot for the Service beyond the reasonable control of TurtleSpot;
11.2.3 you (or a third party acting on your behalf or instruction) fail to comply with any of the material terms or conditions of this Agreement including your obligation to pay and you do not remedy such failure within 15 days of a request to do so.
11.3 Your right to use the Service and the Support Service shall immediately terminate when this Agreement comes to an end.

12. RIGHT TO CANCEL

12.1 You shall not have the right to cancel the Service once you have submitted the Order Form to TurtleSpot, as this will initiate provisioning of the Service by TurtleSpot and the Carrier. If you attempt cancellation after you have submitted the Order Form to TurtleSpot, you may be liable to pay:
12.1.1 the cancellation fees set out in Schedule 1 at the end of these Conditions if you cancel prior to the start of the Minimum Period of Service; or
12.1.2 the Service fee set out on the Order Form for the Minimum Period of Service if you cancel after the start of the Minimum Period of Service.

13. LIMITATION ON LIABILITY

13.1 Nothing in this Agreement shall exclude or limit liability for (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or (b) fraud.
13.2 TurtleSpot shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:
13.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
13.2.2 any loss of goodwill or reputation; or
13.2.3 any special, indirect or consequential losses or any destruction or loss of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement.
13.3 Excepting paragraphs 14.1 and 14.2, our liability in contract, tort, negligence or otherwise arising in connection with this Agreement shall be limited to �10,000 for any event or related series of events and �25,000 for all events in any period of 12 months.
13.4 You are solely responsible for any liability arising out of any content provided by you and/or any material to which other users can link to through such content.
13.5 Any data included in the Equipment upon installation by TurtleSpot is for testing use only and TurtleSpot hereby disclaims any and all liability arising therefrom. This paragraph 13.5 is not applicable to customers who self-install the Service.

14. INDEMNITY

14.1 If you are a Business Customer you agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by you; and (b) any transmission or receipt of any content or message which you have requested or made using the Service and/or the Support Service. 14.2 If you are a Consumer, you must indemnify us against any claims or legal proceedings arising from your use of the Service and/or the Support Service under these Conditions (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person where you are at fault.

15. DATA PROTECTION/PERSONAL DETAILS

15.1 We may retain your personal data, and you authorize us to use your personal data, for the following purposes:
15.1.1 provision of the Service to you;
15.1.2 keeping of a record for a reasonable period after termination of your Service;
15.1.3 operation and enforcement of these Conditions;
15.1.4 technical maintenance;
15.1.5 providing you with information about other services we offer, subject to your right to opt out of receiving such information on the Order Form;
15.1.6 transferring it to another company in the event of a sale of Thus plc;
15.1.7 legal compliance including disclosing it to any third party who we reasonably consider has a legitimate interest in any such investigation or its outcome;
15.1.8 transferring it to APNIC NCC as part of a general requirement for provision of these services within Asia; and
15.1.9 instructing a third party to perform the Support Service.
15.2 It is your responsibility to keep the personal data that you provide to us up to date. We may send notices or other information to you at the address you give us. You should notify us immediately of any change to your personal data by sending us an email to info@TurtleSpot.net.

16. NOTICES

16.1 Any notice required or permitted under this Agreement must be in English and in writing and sent either: by post to TurtleSpot Co. Ltd. 9/26 Moo 1 Sairee, Koh Tao, Phangan, Suratthani 84280 Thailand; or by email to info@TurtleSpot.net.
16.2 Any notice to be sent to you will be sent to the address which you provide on the Order Form or such other address as you shall have given written notice of as the billing address.

17. ASSIGNMENT

17.1 TurtleSpot reserves the right to assign or sub-contract any or all of our rights and obligations under this Agreement without your further consent to such assignment or sub-contract. You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior written consent of TurtleSpot.

18. MATTERS BEYOND THE PARTIES' REASONABLE CONTROL

18.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other party for such failure to perform its obligations.

19. PROPRIETARY RIGHTS

19.1 All title, interests, and rights (including intellectual property rights) in the Service and Support Service remain in TurtleSpot and/or its suppliers. You acknowledge such title, interest and rights and you shall not take any action to jeopardize, limit or interfere in any manner with TurtleSpot's (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using TurtleSpot's trademarks or trade name.

20. DOMAIN NAMES REGISTRATION SERVICE

Where the Service includes registration of one or more domain names, you agree to be subject to the Domain Names Registration Service Conditions of Use. TurtleSpot reserves the right to amend and/or update the Domain Names Registration Service Conditions of Use from time to time.

21. AMENDMENT OF THESE CONDITIONS

21.1 If you are a Business Customer, we reserve the right to add to and/or amend the Conditions at any time. If we amend these Conditions, we will notify you by sending you a letter or email advising of the amendment 30 days before the amendment is to take effect. If you continue to use the Service after any amendments to these Conditions have been notified to you, you will be deemed to have accepted such amendments.
21.2 If you are a Consumer, we reserve the right to add to and/or amend the Conditions at any time. If we amend these Conditions, we will send you a letter or email advising of the amendment 30 days before the amendment is to take effect. You may end your use of the Service by sending us an email to info@TurtleSpot.net within 30 days of receiving our notification. We will then reimburse you any fees paid to us for Service after such end date. If you continue to use the Service after any amendments to these Conditions have been notified to you and after the 30 day period has expired, you will be deemed to have accepted such amendments.

22. MISCELLANEOUS

22.1 Any amendment to this Agreement must be in writing and signed by an authorized representative of each party.
22.2 The Agreement and the Service shall be governed by the laws of Thailand and the parties submit to the non-exclusive jurisdiction of the courts of Thailand.
22.3 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to this Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
22.4 Any failure by either of us to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision.
22.5 Each of the parties acknowledges and agrees that in entering into this Agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement as a representation. The only remedy available to it for breach of the representations shall be for breach of contract under the terms of this Agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud.