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nsanet.net agrees to provide you ("User") with those services
("Service") set forth on the Application subject to User's compliance
with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY
ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SERVICE. THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS
EXPRESSED OR IMPLIED. nsanet.net exercises no control whatsoever over the content of the
information passing through nsanet.net's system. Use of any information obtained
via nsanet.net is at User's risk. Neither nsanet.net or any of its
affiliates, its licensers, its contractors or their respective employees warrant
that the Service will be uninterrupted or error free; nor does nsanet.net make
any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NO INFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY
nsanet.net, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER nsanet.net NOR ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR
OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCEL BOTS, WORMS,
TROJAN HORSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL nsanet.net, ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY
FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR
ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO
ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT nsanet.net IS FOUND
LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, nsanet.net LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT
PRO-RATED TO REFLECT THE CURRENT TERM. If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of nsanet.net in operating the Service,
User's sole and exclusive remedy is to discontinue using the Service. Notwithstanding anything to the contrary herein contained, User agrees to
indemnify and hold nsanet.net, its affiliates, its licensers, its contractors or
their respective employees harmless against any and all liability, loss, claim,
judgment, damage and expense including without limitation attorney's fees and
cost of litigation) incurred or suffered by nsanet.net, its licensers, its
affiliates, its contractors, or their respective employees as the result of any
and all use of User's account whether authorized or not authorized or as a
result of the negligence, willful misconduct, or breach of any of the terms of
this Agreement by User, including but not limited to claims, liabilities,
losses, damage, judgment and expense which arise out of alleged injury or death
of any person or damage to property of every kind and description. User shall
promptly notify nsanet.net in writing of any claim of which it is obligated
under this indemnity. User shall have the right to assume the defense of any
such claim. User and nsanet.net shall confer as to and agree on the legal
counsel(s) to be selected in any such defense. User represents to nsanet.net that he or she is 18 years of age or older.
User understands that certain materials available from Service provided under
the terms of this Agreement may not be suitable for individuals under the age of
18. User understands that the Internet contains unedited materials some of which
are sexually explicit or may be offensive. User accesses such materials at his
or her own risk. nsanet.net has no control over and accepts no responsibility
whatsoever for such materials. User may not: restrict or inhibit any other user from using and enjoying the Internet; post or transmit anything in nsanet.net judgment that is unlawful,
threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or
otherwise objectionable information of any kind, including without limitation
any transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local,
state, national or international law, including without limitation the U.S.
export control laws and regulations; post on web space provided any sexually explicit materials or materials that
may be offensive.
post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through the Service for
commercial purposes (other than as expressly permitted by the provider of such
information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service which is
protected by copyright, or other proprietary right, or derivative works with
respect thereto, without obtaining permission of the copyright owner or right holder; upload, post, publish, transmit, reproduce, transmit or distribute in any way
any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other network users
(See section titled "MESSAGING"); allow users to run Mail list, Listserv or any form of auto-responds from
User's account; run or activate processes while User is not logged in; violate the security of any computer network, crack passwords or security
encryption codes, transfer or store illegal material including that deemed
threatening or obscene, or engage in any kind or illegal activity; attempt to defeat any idle timer or system tool intended to enforce the
part-time and personal nature of User's connection, including the use of
ping-bots and other methods of avoiding timing disconnection (See section titled
"LIMITATIONS OF DIAL-UP SERVICES"); or violate any of the rules, regulations and policies of those networks and
computer systems accessed via User's account. nsanet.net has no obligation to monitor the Service. However, User agrees
that nsanet.net has the right to monitor the Service electronically from time to
time and to disclose any information as may be necessary to satisfy any law,
regulation or other governmental request, to operate the Service properly, or to
protect itself or its subscribers. nsanet.net will not intentionally monitor or
disclose any private E-mail message unless required by law. nsanet.net reserves
the right to refuse to post or to remove any information or materials, in whole
or in part, that, in its sole and absolute discretion, are unacceptable,
undesirable, or in violation of this Agreement. nsanet.net reserves the right to
suspend access to the Service for User's account. The account's suspension may
be rescinded within the sole and absolute discretion of nsanet.net following
payment of a reconnection charge, to be determined by nsanet.net in its sole and
absolute discretion. User agrees to limit their use of the nsanet.net service, specifically
regarding the use of nsanet.net electronic (email) services, to the following
restrictions: User agrees that any unauthorized use of any email server located throughout
the Internet for the purposes of relaying or distributing messages is
prohibited. User agrees that the purposeful distribution of any email message where the
return address, originator's address, or any other identifiable aspect of the
message has been purposefully altered, is prohibited. User may not purposefully
misrepresent the origination information of any email messages sent while using
the nsanet.net service. User agrees to be held responsible for the distribution of fraudulent
materials. VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS
DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL
RESULT IN THE IMMEDIATE PENALTY OF $200. nsanet.net RESERVES THE RIGHT TO CHARGE
USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF nsanet.net SERVICES, A
ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR nsanet.net SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
nsanet.net
RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF
$200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION
OF nsanet.net SERVICES FOR VIOLATION OF ANY OF THESE TERMS. Although nsanet.net advertises "Unlimited Bandwidth" in regards to
some of its services there are several limitations applied. The sole purpose of
these limitations are intended of unnecessary use of nsanet.net services by any
such User, which restricts system availability for other such Users. These
limitations apply only to Hosting offered by nsanet.net.
Although we advertise unlimited bandwidth, we reserve the right to inform you
that you must transfer your website if an excessive amount of bandwidth is being
used. If the request is not met within 5 days, we do reserve the right to remove
the website from our system.
Although nsanet.net advertises "Unlimited Access" in regards to
some of it's Dial-Up services, there are several limitations applied. The sole
purpose of these limitations are intended to limit the amount of unnecessary use
of nsanet.net services by any such User, which restricts overall nsanet.net system availability for other such Users. These limitations apply only to
Dial-Up access services offered by nsanet.net. User agrees to have their online session automatically terminated after ten
(10) minutes of consecutive inactivity. Inactivity is defined as less than 500
bytes of data transferred between User's modem and the nsanet.net service. User agrees to have an online session automatically terminated after five (5)
hours of consecutive time, regardless of data transferred during such specific
online session. User understands they cannot log back onto the nsanet.net system for a time
period of one (1) minute following the termination of their previous online
session, regardless of the reason for the previous session's termination. User agrees to maintain no more than one (1) concurrent online session for
each PPP/ISDN account purchased. User agrees to not use the service as a dedicated connection. The
determination of what a dedicated connection is shall be at the sole
determination of nsanet.net. Service is provided as an unlimited service
provided that you may not use the provided connection as a dedicated connection.
User agrees that for all UU.net locations, that they will be limited to 150
hours of access per month. If a customer exceeds the 150 hour limit, there
account will be temporarily disabled until the first of the next month.
A credit card User agrees to allow nsanet.net to bill his or her
card on each successive billing date without obtaining User's permission after
the initial charge. A credit card User shall notify nsanet.net of any changes in
credit card number or expiration date. If the card is not honored for any
reason, nsanet.net will attempt to notify the card holder by using the telephone
information given at sign-up or by E-mail. nsanet.net will call the card holder,
and if alternative billing has not been established, the account will be
terminated. Restoring the account will be subject to a setup fee of $14.95. If payment is by check, payment due dates are indicated on User's invoice.
Dishonored checks are subject to a collection fee to be determined by nsanet.net
in its sole and absolute discretion and User's account may be suspended until
the account is current. If payment is not received , service will be terminated
and a setup fee of $14.95 will be added tom charges for additional Service. nsanet.net maintains the right to terminate Service for any unpaid
subscriptions. Accounts in default are subject to an interest charge of 2.5% per
month on the outstanding balance. Termination of Service shall not relieve User
from the obligation to satisfy outstanding invoices. In the event nsanet.net utilizes an attorney to collect any unpaid amounts, User shall be responsible
for the payment of all of nsanet.net attorneys' fees and costs in the collection
of these sums. nsanet.net reserves the right to change prices at any time without prior
notice to it's customers or the public. Price changes will not be retroactive
for existing customers, regardless of the length of their existing service
subscription. nsanet.net reserves the right to cancel Service for any reason without prior
notice. Pre-paid service is non-refundable. nsanet.net will not refund any
shipping or handling fees. Cancellations after the first of the month will be
charged for that month. User must notify nsanet.net via telephone or in writing to cancel Service.
Cancellations shall be honored by electronic mail. Fees for any setup and
monthly service charges placed by user with nsanet.net are non-refundable. The no refund policy takes effect one week after initial sign up. A
customer's first week is risk free for the purposes of programming the
connection compatibility and may be canceled and refunded upon request if
service has been used less than 30 total minutes. Information transmitted through nsanet.net and through the Internet in
general is not confidential. nsanet.net can not and shall not guarantee privacy
or protection of any User. nsanet.net reserves the right to monitor any User's
transmissions when deemed necessary for providing proper service and/or to
protect the rights and property of nsanet.net. Unless required by court order, subpoena or other legal request, or upon the
advice of counsel, nsanet.net may publish User's name and other consumer
information in one or more directories which may be accessed by other Internet
users. In addition, unless User notifies nsanet.net to the contrary as provided
above, nsanet.net may make such information available to third parties from time
to time. User understands further that merchants on the Internet may have access
to such information and may make it available to third parties in accordance
with their normal practices unless User notifies those merchants directly that
User does not wish such information to be made available. The right to use the Service is not transferable. Accounts are for User's use
only. User shall be responsible for the confidentiality of User's password.
Loaning User's account to others, connecting a system used by multiple persons,
group use of user log-ins, and consuming more than one modem line are explicitly
prohibited. If User has multiple accounts, then User shall be limited to one
log-in session per system account at any time. Violation of those terms shall
constitute theft of Service and may be prosecuted under civil and criminal law. If User wishes to make purchases on the Service, User may be asked by the
merchant or information or service provider from whom User is making the
purchase to supply certain information, including credit card or other payment
mechanism information. User agrees that all information User may provide any
merchant or information or service provider on the Service for purposes of
making purchases shall be accurate, complete and current. The merchants and
information and service providers offering merchandise, information and services
on the Service set their own prices and may change prices or institute new
prices at any time. User agrees to pay all charges incurred by users of User's
account and credit card or other payment mechanism at the prices in effect when
such charges are incurred. User shall also be responsible for paying any
applicable taxes relating to purchases on the Service. nsanet.net does not and will not perform system backups on any User's E-mail
account(s). nsanet.net shall not be held responsible for any lost E-mail data,
email attachments, or any E-mail message contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein, nsanet.net
will not provide historical data, to any party for any reason, regarding any
system or Internet activity. nsanet.net does not and will not perform system backups on any web sites.
nsanet.net
shall not be held responsible for any lost web data, web files, or any website
contents, regardless of the reasoning for data loss or system causes. Except as
otherwise set forth herein, nsanet.net will not provide historical data, to any
party for any reason, regarding any system or Internet activity. nsanet.net may deny User access to all or part of the Service without notice
if User engages in any conduct or activities that nsanet.net in its sole
discretion believes violates any of the terms and conditions in this Agreement.
If nsanet.net denies User access to the Service because of such a violation,
User shall have not right (1) to access through nsanet.net any materials stored
on the Internet, (2) to obtain any credit(s) otherwise due to User, and such
credit(s) shall be forfeited, (3) to access third party services, merchandise or
information on the Internet through nsanet.net, and nsanet.net shall have no
responsibility to notify any third-party providers of services, merchandise or
information nor any responsibility for any consequences resulting from lack of
notification. User agrees to remain signed into the network only when actually making use
of same, and to disconnect when idle for significant periods of time (more than
10 minutes). User also agrees to not remain connected to nsanet.net system for
periods exceeding (8) eight hours, in any single continuous session. User
authorizes nsanet.net to enforce these restrictions by appropriate software and
network measures, automated and manual. User agrees to notify nsanet.net if User moves or otherwise changes his or
her mailing address or phone number, and to list a truthful name, postal address
and telephone number on the forms User supplies to nsanet.net. In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect. nsanet.net failure to insist upon or enforce strict performance of any
provisions of this Agreement shall not be construed as a waiver of any provision
or right. neither the course of conduct between parties nor trade practice shall
act to modify any provision of this Agreement. nsanet.net may modify this Agreement from time to time by placing a notice of
such modification on our website, and User's continued use of the Service
following notice of such modification shall be deemed to be User's acceptance of
any such modification. It is User's responsibility to check this online area
regularly to determine whether this Agreement has been modified. If User does
not agree to any modification of this Agreement, User must immediately stop
using the Service. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas without regard to its conflicts of law provisions.
Any cause of action User may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. nsanet.net shall not be liable or deemed to be in default for any delay or
failure in performance under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military authority, acts of
public enemy, war, riots, civil disturbances, insurrections, accidents, dire,
explosions, earthquakes, floods, the elements, strikes, labor disputes,
shortages of suitable parts, materials, labor or transportation or any cause
beyond the reasonable control of nsanet.net. Venue for litigation of any dispute, controversy, or claim arising out of, in
connection with, or in relation to this Agreement, or the breach thereof, naming
nsanet.net as the defendant, shall be proper only in a venue determined by
nsanet.net. In any action between nsanet.net and User to enforce any of the terms of this
Agreement, nsanet.net shall be entitled to recover expenses, including
reasonable attorney's fees. This Agreement constitutes the entire agreement between User and nsanet.net with respect to the Service. |
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