Terms And Conditions

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This Agreement is made between the Customer, and NetConX, LLC. The Customer's signature and initials and/or use of NetConX's services verify that the Customer is of legal age and has read and agrees to abide by this contract. Customer assumes full responsibility for this account and all use of it. This agreement shall be considered legal and binding on the Customer according to Federal, State and local laws and regulations.

NetConX wishes to a have long, happy relationship with each Customer, therefore this contract has been set forth with which all Customers agree to abide. Customer's signature and/or use of NetConX's services constitute full acceptance of this agreement.

Terms of Service

The Customer is contracting to purchase access to the NetConX LAN, which has a gateway connection to the Internet.

Internet is a global network of smaller, independently operated and administered networks, operating on a standardized communication protocol. The Customer understands that NetConX is NOT the Internet, but is merely one access point to the Internet.

NetConX agrees to provide connectivity at a fee for service basis. The Customer understands that access speeds at less than the understood maximum may occur, because actual dial-in speeds are affected by the condition of lines operated by the telephone company and by the Customer's equipment (including, but not limited to, modem, phone line and computer).

The Customer understands that NetConX services may be temporarily interrupted for a variety of reasons, including but not limited to, malfunctions, maintenance, improvements, acts of God, or as required to protect network resources and security. Customer understands that despite reasonable efforts, s/he may not receive advance notification of every such interruption.

Customer further understands that there will be no refunds for such service interruptions of less than 24 hours duration. For service interruptions of greater than 24 hours, extensions of service may be provided as refund.

Computer Health and Security

NetConX employs industry standard security and virus protection hardware and software. Despite this formidable line of defense, no virus protection or safety firewall can be 100% guaranteed. Therefore, all data that the Customer receives through NetConX, including, but not limited to, any information, pictures, sounds, movie clips, shareware, or text or any other electronically transferred content including computer "viruses" and Trojan horse programs is to be used or viewed or listened to at the Customer's own risk and with no legal recourse from NetConX. The Customer is, therefore, strongly encouraged to protect his or her own computer(s) with a virus protection program.

Termination of Service

The Customer may initiate termination of service only through written request for dissatisfaction with services associated with contracted terms herein. The Customer will receive the pro-rated balance of the month(s) of prepaid service that have not been used at the time that said written termination request is received by NetConX. Set-up fees and the first month's service charges are not refundable, and accounts paid in advance will be canceled on the account expiration date.

This membership agreement may be immediately terminated or the Customer's access to services may be suspended upon breach of this membership Agreement. The suspended account status will remain for 4 weeks at which time the account is considered terminated. ALL of the Customer's data that is stored on NetConX LAN at the time of account termination will be disposed.

Payment Terms and Conditions

NetConX has many types of accounts, with varying features, prices, and payment plans. Payment for services is to be made by check, cash, or Credit Card and is due on the monthly anniversary of sign on. Credit card payments will be processed automatically each month. Payment by cash or check must be received at the NetConX office by the due date.

Any and all bounced checks will incur a $20.00 service charge. Accounts remaining on payment hold for thirty (30) or more days may be canceled. Any Customer attempting to use the system beyond the agreed service plan will be charged according to actual use, e.g. if the Customer uses 30 hours on a 15 hour account, the 15 additional hours will be charged at a rate of $1.00 an hour. Reinstatement of suspended account must include any past due amounts. All pricing and services are subject to change.

Limited Liability

These terms and conditions contained herein supersede all previous representations, understandings, or agreements and shall prevail in any dispute between NetConX and Customer. Customer agrees that, should NetConX be found liable in a court of law for any action related to the use of NetConX service, NetConX's liability shall be limited to the unused balance of Customer's monthly payment, pro-rated to reflect Customer's current month.

Customer Acknowledgment

I, the Customer, agree to this Contract, Terms of Service and Acceptable Use Policy. I understand that failure to abide by this contract may result in the immediate termination of my account. This agreement shall be considered legal and binding.

 

Acceptable Use Policy

NetConX and all Customers are to abide by all Federal, State, and Local laws. Therefore, NetConX may be used only for lawful purposes with full compliance to the Acceptable Use Policy and all Federal, State, and Local laws. NetConX has every intention of complying with all laws and law enforcement authorities that may occasionally make court ordered requests for access to files stored on ISP servers. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, viruses or Trojan Horse programs. Unlawful use and/or misuse of the NetConX system in any way(s) is prohibited and will result in immediate termination of service without refund on prepaid accounts. Additionally, any and all costs incurred by NetConX for the correction of damage resultant from unlawful actions and/or abuse will be passed onto the guilty party at the going rate, currently $150.00 per hour and as much as $300.00 in penalty charges.

As part of this Agreement, the Customer is granted access to the NetConX LAN and the Internet. The use of this connection is for live human interaction with the Internet and others on the Internet. Keeping a PPP connection open artificially through the use of including but not limited to robots, ping-bots, or e-mail checking programs which create periodic packet transfers, and running servers, such as HTTP, FTP, IRC, games, etc., are prohibited, unless the Customer has purchased a dedicated line and/or static IP address from NetConX and applied for server permission/registration by prior written request. When there is a single screen name with multiple e-mail names for the Customer's account, only one computer may be connected to NetConX's LAN at a given time using that account.

By accepting full responsibility for his or her contracted account, the Customer is expected to adhere to reasonable security standards, including but not limited to, protecting account information - especially names and passwords - or otherwise compromising the security of the Customer's account and, therefore, the whole NetConX LAN. While NetConX will not read the Customer's e-mail (unless ordered by a court to do so); please be advised, however, that e-mail content is not secure. Therefore, it is unwise to send any personal identification, especially, credit card and banking information, in e-mail messages. Unless sufficient, credible evidence that the Customer's account security was compromised by means completely out his or her control exists; the Customer shall be fully responsible for policy violations stemming from the Customer's account and any and all damages resultant from this misuse.