2. DESCRIPTION OF SERVICE
Nternet.com is providing the Client with the capability to access the WWW, and the ability to send and receive email. Client must (1) provide all equipment, including a computer and modem, necessary to establish a connection to Nternet.com; (2) pay any telephone service fees associated with such access.
In consideration of this Policy, Client agrees to: (1) provide certain current, complete, and accurate information about Client as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on the original sign up shall be referred to as registration data ("Registration Data"). If any information provided by the Client is inaccurate, Nternet.com retains the right to terminate Client's account(s) and rights to the use of the Service.
3. MODIFICATIONS OF TERMS OF SERVICE
Nternet.com may change the terms and conditions of the Policy from time to time. Upon any change in the terms and conditions of the Policy, Nternet.com will make these changes available by posting them on our web site at http://www.nternet.com.
It is Nternet.com' policy to respect the privacy of its Clients. Nternet.com will not monitor, edit, or disclose the contents of a Client's private communications, as email is considered a private communication, unless required to do so by law or in good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Nternet.com; (2) protect and defend the rights and property of Nternet.com; and/or (3) act under circumstances to the safety of its members, Clients, personnel, or the public.
Client(s) acknowledges and agrees that Nternet.com neither endorses the contents of any Client(s) communications nor assumes responsibility for any email or other communications. This includes, but is not limited to, threatening, libelous, obscene, harassing, or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
5. SPAM AND ILLEGAL USE POLICY
Use of Nternet.com' WWW system or email system for spamming or other abusive or
illegal purposes is STRICTLY PROHIBITED. Nternet.com will assist in anyway
possible any company or individual harmed by such activity. This includes
supplying Client's IP address and time/date stamp, assistance in IP tracing,
forwarding addresses and any other information Nternet.com can provide.
Clients' account can be immediately terminated if any abusive acts using its
systems are proven to the Administrator. The Administrator retains any and
all rights to terminate any account at his discretion.
The following statue, along with other statues pertaining to email abuse and all other internet abuses, shall be strictly enforced against spammers: US Code Title 47, Section 227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec. 227(b)(1)(C), it is unlawful to send ANY unsolicited advertisement to such equipment, punishable by action to recover actual monetary loss, or $500.00, whichever is greater, for EACH violation. Nternet.com is not responsible for any violations committed by any of it's Clients. The Client is solely responsible for any and all use of Client's account(s).
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once a Client becomes a member of the Service, the Client produces a User Name and a Password for WWW access and email account(s). The Client is entirely responsible to maintain the confidentiality of his User Name and Password. Furthermore, the Client is entirely responsible for any and all activities which occur under his account. the Client may change the Password at any time by contacting Nternet.com.
7. DISCLAIMER OF WARRANTIES
CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CLIENT'S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Nternet.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM Nternet.com OR THROUGH THE SERVICE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. LIMITATION OF LIABILITY
Nternet.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Nternet.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. CLIENT CONDUCT
Client is solely responsible for the contents of his or her transmissions through the Service. Client's use of the Service is subject to all applicable local, state, national and international laws and regulations. Client agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Client will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Client agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Client agrees to indemnify and hold Nternet.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Client's use of the Service.