NetWay 2001
Policies
NETWAY 2001 SERVICE AGREEMENT
INTERNET SERVICE GENERAL TERMS AND CONDITIONS
Revised 04/23/1997
1. CHANGES TO NAME OR ADDRESS
1.1 User (the customer) promises that all information provided (including, but not limited to name, address, date of birth, and telephone number) is accurate.
1.2 User shall inform NetWay 2001 of any change to provided information within 10 days of any change.
2. FEES, PAYMENT, CREDIT & TAXES
2.1 User will pay (a) subscription fees in advance, and (b) fees for other goods or services as invoiced. As a condition of establishing or continuing service, NetWay 2001 may (i) require Customer to make a security deposit, and (ii) modify the amount of such deposit from time to time.
2.2 Unless otherwise set forth in this Agreement, payment is monthly, charged automatically to User's credit card on the fifteenth day of each month of service. NetWay 2001 may elect to defer amounts less than $15 to the next credit card cycle.
2.3 All NetWay 2001 invoices are payable by User upon presentation. Amounts not paid within 15 days after the date of the invoice are subject to late payment charges of 2% per month, or the highest amount permitted under applicable law if less.
2.4 All payments are to be made, by charge to the above listed credit card.
2.5 Failure to pay within 30 days of invoice or charge date will result in suspension of User's account. Failure to pay within 60 days of invoice or charge date will result in termination of User's account, including deletion of any stored mail and files. At this time the Users account will be turned over to a collection agency.
2.6 User agrees to inform NetWay 2001 immediately of any change in credit card number or expiration date, or in event of loss or theft of the listed credit card.
2.7 Payments to NetWay 2001 are non-refundable, except as may be provided for in this Agreement. User-initiated cancellations shall be effective at the end of the service period in which the cancellation occurs and not as of the date of cancellation.
2.8 If a User account is terminated as a result of abuse or violation of this Agreement, User is responsible for any costs created as a result of User's abuse or violation of this Agreement.
2.9 The price schedule does not include, and User is responsible for the payment of, any applicable sales, use, transaction or other tax however and whenever levied with respect to this Agreement and the goods or services furnished hereunder.
3. TERMINATION AND REINSTATEMENT
3.1 This Agreement may be terminated by either party on not less than 30-days prior written notice, except as provided for in this Agreement. A late notice from NetWay 2001 shall constitute a written notice to User.
3.2 If User's account is suspended due to lack of payment, User will pay the then current reinstatement fee, in addition to all other charges then due and payable, prior to restoration of service.
3.3 NetWay 2001 will forward all electronic mail (unless otherwise provided herein) to a new electronic mail address for one month after account cancellation, upon request by User unless the account has been canceled due to non payment.
3.4 If User (a) becomes bankrupt or otherwise insolvent or (b) fails to pay for services rendered in accordance with the terms hereof or (c) commits any other breach of this Agreement, NetWay 2001 may, at its sole discretion and without notice or judicial intervention, discontinue performance and terminate this Agreement for default and pursue any other remedies available at law or in equity.
4. SERVICES PROVIDED
4.1 NetWay 2001 allows access to all Users who agree to abide by NetWay 2001's access terms, conditions, and price schedules.
4.2 User is responsible for providing any equipment and/or software necessary to access NetWay 2001's system, unless otherwise provided for in this Agreement.
4.3 User is entitled to use any Internet services and time-share computer software provided by NetWay 2001. User is responsible for any licensing or registration fees for any "shareware" products provided by NetWay 2001 to User.
4.4 The services and software offered are subject to change and limitation at netway 2001's discretion, as is any pricing schedule, the general terms and conditions and acceptable use policy. NetWay 2001 will notify User of any changes by electronic or postal mail, or by posting notice on a User-accessible area on NetWay 2001's system 30 days in advance of any change, unless the change is judged by NetWay 2001 to be necessary to preserve proper security or functioning of NetWay 2001's system. If User objects to any change in service, unless the change is one NetWay 2001 has determined is necessary for security purposes or to maintain proper operation of NetWay 2001's system, User will be entitled to cancel his/her account and receive a pro-rata refund of any charges paid by User in advance, unless User's next quarterly payment falls within the 15 day notice period, in which case no refund will be given.
4.5 User's continued use of the system after the effective date of such modified general terms and conditions, policies, or changes in services or software will constitute User's acceptance of such modified terms.
4.6 This Agreement covers only Internet services and any time-share software related to the provision of Internet services. NetWay 2001 is not responsible for, and is not to be considered as a provider of, any services or information obtained over the Internet, but merely as a conduit for accessing other entities information or services. Thus NetWay 2001 is a distributor of information accessed over its system, in much the same way a library or a bookstore is a distributor of materials (e.g., NetWay 2001 does not exert editorial control over any information accessible over its system or by using its services) and is not to be considered a publisher of any third-party materials accessed over NetWay 2001's system. Any information services provided by C-Quad Systems, NetWay 2001, or any of its associates, affiliates, or related entities is not covered under this Agreement, and is to be treated as if it were provided by a separate business entity.
4.7 User is on notice that the Internet contains materials that User may find objectionable, offensive, or even illegal. Due to the nature of the technology involved, NetWay 2001 does not presently intend (and does not have the ability) to insulate User from such material, although NetWay 2001 will provide User with advice and suggestions on how User may reduce his or her exposure to unwanted material, if such assistance is requested.
5. USER SUPPORT
5.1 NetWay 2001 will provide to User reasonable amounts of consultation via telephone and/or electronic mail in the use of the system, but cannot promise to assist with any services that are not maintained or controlled by NetWay 2001. This includes trouble with hardware (modem, hard disk. Etc.) and operating system (Windows, DOS, Mac O/S, etc.).
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 With the exception of any express written warranty of NetWay 2001, neither NetWay 2001, nor its affiliates (hereinafter "NetWay 2001"), nor its suppliers make any warranty, and each of them disclaims any liability, with respect to:
(a) the accuracy, completeness, currentness, error-free nature, or fitness for any particular purpose of any data or services accessed on or through the NetWay 2001 system, or
(b) system performance levels, including but not limited to resource utilization, response time or overhead, or
(c) any loss or inconvenience associated with NetWay 2001's suspension, termination, or deletion of User's account, or
(d) any other warranty, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose.
6.2 No oral advice or written advice given by netway 2001 or its staff or agents shall create a warranty.
6.3 NetWay 2001 will not be liable for delay in delivery or performance, and is excused from any failure to deliver or perform, due to causes beyond its reasonable control. These causes include line drops from the phone service provider, machine crashes, power outages or any other acts of God.
6.4 NetWay 2001 will not be liable for any damage or inconvenience caused by any necessary or scheduled maintenance to NetWay 2001's system, or for any service lapses or loss of User data caused by forces beyond NetWay 2001's reasonable control. NetWay 2001 recommends that User make archival copies or otherwise download any important information stored on NetWay 2001's system. NETWAY 2001 IS NOT RESPONSIBLE FOR ANY DATA STORED ON NETWAY 2001’S SYSTEM!
6.5 The sole and entire maximum liability of netway 2001 to any user for any and all proven loss, claim, damage or liability of any kind (including but not limited to contract or tort) will consist of a duty to refund not more than the amounts paid by the user to NetWay 2001 during the billing cycle preceding such loss, claim, damage or liability. In no event will NetWay 2001 be liable for any indirect, incidental or consequential damages.
6.6 User, by accessing the NetWay 2001 system, (a) accepts the terms of this agreement; and (b) accepts the use of the system (including any programs, data, or services) "AS IS"; and (c) waives any and all claims relating thereto, whether such claims are against NetWay 2001 or any of its suppliers or affiliates.
6.7 User will indemnify and hold NetWay 2001, its staff, and NetWay 2001's other customers, harmless from any costs, expenses or liability resulting from any claim based on User's use of the system and data obtained therefrom. This provision applies if any legal action or threat of legal action occurs as a result of User's use of any of NetWay 2001's system or services, even if User is no longer a customer of NetWay 2001 when such loss or expense aNetWay 2001es, and includes all costs and attorneys' fees incurred in connection with any such threat or action, any equipment replacement costs, and any charges incurred to third parties for financial transactions incurred over the Internet. This provisions also applies to third party claims as well as any legal action taken by NetWay 2001 against User for breach of this Agreement, damage caused by User to NetWay 2001's system, or for failure to pay fees or expenses User is obligated to pay NetWay 2001. Such indemnification will not be applicable with respect to claims of gross negligence, willful misconduct or infringement by NetWay 2001. Such indemnification will survive the termination or expiration of this Agreement.
6.8 NetWay 2001 reserves the right to cooperate fully in any investigations, including releasing User's files, e-mail and information to the extent that such disclosures may be permitted by applicable law.
7. GENERAL
7.1 No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of this Agreement or any provision thereof. If any provision of this Agreement is or becomes illegal or otherwise unenforceable, such provision will not invalidate the other provisions hereof; provided if NetWay 2001 determines that any such unenforceable provision is essential, it may terminate this Agreement upon notice.
7.2 User grants any permissions or licenses (including but not limited to copyright licenses), as may be required, and within User's power to grant, to NetWay 2001 in order to provide Internet and related services to User, or as may be required for NetWay 2001 to operate its system for User's benefit.
7.3 This Agreement is governed by the laws of the State of Colorado. The parties agree that the courts (state and federal) located in Littleton, Colorado in or for the county of Arapahoe, will have non-exclusive jurisdiction to NetWay 2001 to determine the validity, construction and performance of this Agreement and the legal relations between the parties.
7.4 This Agreement constitutes the entire agreement between NetWay 2001 and User, and supersedes all prior agreements, proposals, representations, or other communications, relative to the subject matter hereof. Paragraph headings are included for convenience and are not to be used to interpret this Agreement.
8. CHANGES IN LEGISLATION
8.1 Should any changes in legislation require any changes to this Agreement or any services provided by Netway 2001, NetWay 2001 reserves the right to make any such changes, as are determined necessary or prudent, at NetWay 2001's sole discretion, without giving User advanced notice. If such changes are made, NetWay 2001 promises to send by electronic or postal mail notice of any changes in a reasonable time period. In event of such changes, User may terminate service without the required 15 day notice, but is not entitled to a refund of any payments already made for services.
ACCEPTABLE USE POLICY
9. LEGAL USES
9.1 NetWay 2001's system and services may not be used in any way which violates US Federal, State, Local, or International law or the rights of others. This prohibits, but is not limited to, any actions of User: which are threatening, obscene or defamatory, which violate trade secret, copyright or patent rights, which violates rights of privacy or publicity, which result in the spread of computer viruses or other damaging programs or data files, or which violate any export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law). In the event User is suspected of any such action, NetWay 2001 reserves the right to immediately suspend or terminate User's account.
10. SINGLE USER LIMITATION
10.1 User's right to use NetWay 2001's system is not transferable unless authorized by NetWay 2001.
10.2 User agrees not to allow others to use his/her account for any purpose unless authorized by NetWay 2001 staff.
10.3 User understands that NetWay 2001 has software in place that will disallow multiple system logins and that any attempt to override or otherwise bypass the operation of this software is grounds for immediate account termination.
11. FLAT FEE/UNTIMED ACCOUNTS
11.1 User agrees to not, in any way, bypass, or attempt to bypass or avoid the effect of, any "inactivity disconnect" provisions. An untimed account is not to be used as a dedicated line to the NetWay 2001 system. Users who wish to have a dedicated line must arrange for one according to the appropriate price schedule.
11.2 User agrees to disconnect from the NetWay 2001 system when not actively using the system for more than 20 minutes, or such other "time-out" period as NetWay 2001 may specify.
11.3 NetWay 2001 reserves the right to monitor User activity and disconnect any User who appears, in NetWay 2001's judgment, to be abusing an untimed or flat fee account by using the account as a replacement for a dedicated account.
12. NETWORK TRANSMISSIONS
12.1 User is responsible for any materials passed via NetWay 2001's system to other networks, and agrees to comply with any restrictions posed by the other network's terms of service or acceptable use policies.
13. CONFIDENTIALITY
13.1 NetWay 2001 will use its best efforts to protect the confidentiality of any files stored on or exchanged over the system and to avoid disclosing the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery, except as may be necessary to provide the requested Internet services, or to preserve the security and proper operation of NetWay 2001's system, or to protect NetWay 2001's rights or property, or as otherwise provided for in this Agreement, or as required by law.
13.2 User acknowledges that no system connected to the Internet can be guaranteed safe from unauthorized intrusion, and therefore any confidential information stored on NetWay 2001's system by or for User is stored at User's own risk.
14. SECURITY CONCERNS
14.1 User is responsible for choosing a secure password and for keeping it secret. In the event a security breech or unauthorized access to User's account, User agrees to contact NetWay 2001 immediately upon discovering such a breach. User is responsible for the results of and any costs incurred as a result access to User's account until notice of such a security breach is given to NetWay 2001. Assistance on choosing and managing secure passwords will be given by NetWay 2001 at User's request.
14.2 User agrees to not attempt to bypass any security mechanisms in place on NetWay 2001's system, or to use any of NetWay 2001's systems or services to attempt to bypass any security mechanisms in place on any remote system. This includes, but is not limited to, running any password cracking software, or attempting to access a system via the Internet which User knows or reasonably should know he or she is not authorized to access in the manner or to the extent attempted.
15. COPYRIGHT ISSUES
15.1 User agrees not to upload, download, make available for public access, or transmit any copyrighted material in violation of the copyright owner's rights in that material. By uploading, downloading, making available for public access, or transmitting any copyright-protected material, User warrants that User has the proper authorization to make or authorize the making of any copies involved with such uploading, downloading, making available for public access, or transmission. Unauthorized copying, or authorizing the copying of protected works is a violation of federal law and international treaties, and may result in not only termination of User's account, but also may result in civil penalties or damages, or criminal fines or any combination thereof.
15.2 User agrees not to remove any copyright ownership information, or falsify such information, on any files uploaded, downloaded, made publicly available through, or transmitted via NetWay 2001's system.
15.3 User agrees not to make commercial use of any copyrighted material obtained from or through NetWay 2001's system, unless such commercial uses are allowed by law or by permission of the copyright owner.
15.4 User also explicitly licenses NetWay 2001 to make any copies of copyright protected materials necessary to provide Internet and related services to User, as well as make any necessary copies necessary to preserve and maintain NetWay 2001's system and User's files and electronic mail.
15.5 User explicitly licenses NetWay 2001 to make any copies, without limitation, of any copyrighted materials User submits to a public forum maintained on NetWay 2001's system, or submitted to any forum to which NetWay 2001 provides access. This clause cannot be modified by either party unless any modification is in writing and signed by both parties.
16. UNACCEPTABLE TRAFFIC/TRANSMISSIONS
16.1 User will not take any action or attempt to "flood" a network or system, directly or indirectly by creation of large amounts of network traffic or delivered data (e.g. "mailbombing" a user or site, or using a "pingbot" to generate additional traffic).
16.2 User will not send messages to newsgroups, mailing lists, or other BBSs (single notes to single forums or "spamming") in violation of the forum's charter or acceptable use policy and any such action by User may result in suspension or termination of User's account WITHOUT any electronic mail or files being saved or forwarded.
17. UNATTENDED PROGRAMS
17.1 User is not permitted to run any programs or software on NetWay 2001's system while the User is not currently connected to and actively using the system unless such use has been approved in advance by NetWay 2001 staff. This would include an IRC Bot or any other software run under a CRON tab or other means of unattended operation.
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