|
Net-port provides the Service, defined below in Section 1, subject to your compliance with this Agreement.
1.1. The Service includes: Internet access; Electronic mail ("email") and a single electronic mail address; and one Web site (up to 15 megabytes) on Net-Port's server.
- Types of Service
- Unlimited Internet Service - Users are allowed to be connected to Net-Port, indefinitely throughout the paid for periods
- Limited Internet Service - Users are allowed to be connected to Net-Port for 15 hours without incurring further charges. IF a user with the limited service is connected for longer than the alotted 15 hours, a charge of $1.50 / hour will be invoiced to the customer.
1.2. Any means of identification assigned to you by Net-Port (including usernames and email addresses) will remain the property of Net-Port, and at Net-Port's sole discretion may be altered or replaced at any time.
1.3. Net-Port makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Net-Port reserves the right to change the Service or any of its features at any time with or without notice.
1.4. Net-Port will not be held accountable for long-distance phone charges that are not incurred under our (Net-Port) direct supervision/guidance.
2.1. Member certifies to Net-Port that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.
2.2. You agree to provide Net-Port with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to Net-Port within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section 11.
Accounts are sold on a single log-in basis and cannot be accessed simultaneously by multiple users using the same username.
Net-Port has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and, to protect itself and its members. However, Net-Port will not disclose member information to outside persons or entities for the purpose of soliciting Net-Port members.
NET-PORT, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
5.1. Except for certain products and services specifically identified as being offered by Net-Port, Net-Port does not control any information, products or services on the Internet and except for such Net-Port-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Net-Port.
5.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NET-PORT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NET-PORT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH NET-PORT OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY NET-PORT, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
5.3. NET-PORT SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
5.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. NET-PORT HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
6.1. Spamming by third parties to promote a web site hosted by Net-port, using a non-existing email return address on a commercial solicitation, subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of or to inappropriate newsgroups, making excessive postings to a newsgroup or message board, or making inappropriate and offensive postings to a newsgroup or message board are in violation of our agreement and of certain State laws.
6.2. In addition to termination of service, Net-port will charge One Dollar ($1.00) per email recipient for any such activity.
7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section 11.
7.2. UNDER NO CIRCUMSTANCES SHALL NET-PORT, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR 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, OR ANY FAILURE OF PERFORMANCE.
You agree to defend, indemnify, and hold Net-Port and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
This Agreement is effective from your acceptance thereof, which is indicated by establishment of your account. If you are a current Net-Port member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
10.1. You may terminate this Agreement by using only the methods outlined in Section 10. Your termination will only be complete upon your receipt of a confirmation from Net-Port. You will receive verbal confirmation if you cancel by telephone, or U.S. mail. EMAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your verbal confirmation.
10.2. Net-Port may terminate this Agreement: at any time without cause upon 30 days prior notice; or, immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement, or you fail to pay any charges.
10.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate.
10.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.5. You may change or cancel your Net-Port account by the following methods only:
- U.S. Mail addressed to:
Net-port Internet Service Provider
115 N. Michigan Ave.
Big Rapids, MI 49307 - Personally at the aforementioned address.
- Telephone calls directed to 1-877-638-7678, or (231) 592-9877.
11.1. The customer may terminate service at any time (per section 10). If a refund is requested, that refund will be calculated based on the following terms:
- Unlimited Rates: Refunds for the unlimited rate(s) will be calculated based on the Net-Port Monthly Unlimited rate.
- NOTE: Customers that pay in advance (Quarterly, Semi-Annually, Annually, etc.) that request termination will be treated as a breach of contract, and will be charged the full monthly rate for the period of account activity.
- Limited Rates: Refunds for the limited rate will be calculated based on the Net-Port Monthly Limited rate, (over-usage fees will be applicable).
11.2. Refunds will be distributed based on the original payment method.
- Cash, Check & Money Orders - Will be refunded via company check*.
- Credit Cards - This can be refunded directly to the card, as long as the refund is requested within 1 month of payment. If the refund is requested after 1 month, the refund will be dispensed via company check*.
- NOTE: Company Checks - please allow 3-6 weeks for delivery.
12.1. All checks returned for non-sufficient funds or closed accounts will be subject to a $25.00 fee
