Terms of Service
A. Definitions
Netchain refers to Netchain Communications, its employees, officers, franchisees, contractors, joint venture partners, investor and designers. "User" means the individual user whose name appears on the account and his or her spouse, dependent children, relatives, guests, and invitees who use the principal account and/or associate account at the user's address and all businesses (whether a proprietorship, partnership, association, trust, corporation, limited liability company, or other legal entity) which use the principal account and/or associate account at the user's address. All provisions of Netchain Communications's Customer Service Agreement ("Agreement") apply to the user's principal account and associate accounts billed to the principal account. The benefits of or rights conferred by this agreement are nontransferable. Use of Netchain Communications accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
B. Acceptability of this agreement.
By utilizing Netchain Communications' services including dial-up TCP/IP connections to the Internet and web services including free Personal Home Pages you have agreed to be legally bound by the terms and conditions of this agreement and you acknowledge that you have carefully read this agreement and you understand its terms.
C. Services to be Provided.
Netchain Communications agree to provide you, directly or through our subcontractors and affiliates, with certain electronic communications services, including dial-up TCP/IP connection to the Internet and/or a personal web account. Netchain Communications reserves to right to change without notice the Netchain Communications service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. Netchain Communications reserves the right to terminate or change priority of any process started by said user.
D. Billing/Terms/Termination.
User agrees to pay Netchain Communications all charges relating to the use of User's account(s) according to rates and prices stated and disclosed at point of sale at the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE in accordance with the following scheme. On fifteenth (15th) day of each month a statement shall be printed and shall be mailed to the User on the following business day. Whereupon the User shall pay the amounts due by the first (1st) day of the following month unless service has been terminated or written release issued by Netchain Communications. Netchain Communications may, from time to time, offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact Netchain Communications to cancel during the trial period and receive verification that cancellation has occurred.
Netchain Communications reserves the right to delete user's personal files after one or both parties terminates agreement. Netchain Communications reserves the right in its sole discretion to delete any information entered into Netchain Communications by User. Netchain Communications and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
Netchain Communications may terminate your account and connection: (a) if the monthly automated credit card charged for your subscription connection fee is declined (b) the electronic funds transfer debiting your checking account for your subscription connection fee is declined due to insufficient funds; (c) if you violate our Acceptable Use Policy; (d) if you breach any term of this agreement; or (e) for any reason, in our sole discretion.
You may terminate your account at any time upon written notice to us. You are liable for all fees you incur prior to termination of your account.
In the event your account is terminated due to non-payment, you will be required to bring the account current including any additional fees which were incurred prior to termination of your account. When paying by check, user expressly authorizes Netchain Communications to debit user's checking account for the amount of a check returned unpaid by user's bank, plus up to a $25 returned check fee.
E. User Responsibilities.
The user is responsible for all acts initiated from his/her account. The user should not share his/her password. If User is less than 18 years of age, agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).
User is responsible for all use of User's account(s) and confidentiality of password(s). Netchain Communications will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. Netchain Communications is not liable for any usage and or charges prior to Netchain Communications making the necessary account alteration.
User is responsible for all telephone charges for connecting to Netchain Communications. This includes local, long distance, service or equipment charges billed to Customer. Users whose accounts are terminated for any breach of this agreement are also responsible for the cost of labor to cleanup and respond to complaints incurred by Netchain Communications.
Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
F. No Warranties.
Netchain Communications MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE TCC, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. Netchain Communications EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. Netchain Communications shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data from delays, non-delivery, miss- delivery, or service interruptions, regardless of cause or fault. Netchain Communications is not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause Netchain Communications is held liable to you, your damages shall be limited to a refund of your sign-up fee and for the fees charged to you in the month or months the alleged loss occurred. Netchain Communications SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USER's USE OF Netchain Communications SERVICES EVEN IF Netchain Communications HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
G. Acceptable Use Policy ("AUP").
General
You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; (4) to respect the integrity of computing systems (for example, you shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system); (5) to refrain from creating routing patterns that are inconsistent with the effective and shared use of the network; (6) not to post unsolicited advertising except to those mailing lists or news groups that explicitly allow advertising; and (7) to not allow more than one simultaneous logon per login name.
Use of Netchain Communications for illegal activities of kind, including unauthorized use (or attempted unauthorized use) of Netchain Communications' machines or other machines on the Internet, forging header information or user identification information, software piracy, and copyright or intellectual property infringements is prohibited. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Netchain Communications reserves the right to cooperate with all or any law enforcement agencies.
World Wide Web
Use of web pages for advertising purposes is prohibited on Personal Home Pages. Resumes are permitted on Personal Home Pages. Unauthorized reselling of web space is prohibited.. Selling advertising on a website, or taking credit card orders requires a Netchain Communications business web account. Pages containing pornography or nude images may not be stored on Netchain Communications' Personal Home Pages. Any adult-oriented material must have warning and disclaimer pages and password protection and will be required to be run as business web accounts run as Virtual Domains. Use of text or images created by others without their permission is copyright infringement and is prohibited. Storage for Personal Web Pages (not available on all accounts) and FTP are limited to 5 megabytes of space. Storage and maximum size of transfered messages for E-mail accounts are limited to 25 megabytes of space.
Usenet Newsgroups
Netchain Communications places no content restrictions on newsgroups except that (a) no illegal content is permitted and (b) each newsgroup sets its own policies about what are appropriate topics for discussion. Posting more than 20 copies of the same article or continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy). Posting articles with forged header information (e.g., a falsified "From:" field) is prohibited. Use of anonymous remailers is acceptable use, so long as the use is not otherwise illegal or contrary to this agreement.
Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. Using an account from Netchain Communications as a mail drop for responses originating from mass e-mailing or excessive newsgroup postings is prohibited.
Internet Relay Chat
Use of IRC bots or storing them on Netchain Communications' servers is prohibited. Impersonating other users by forging one's email address is prohibited.
If Netchain Communications learns of a violation or likely violation of our AUP, Netchain Communications will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the AUP, Netchain Communications reserves the right to terminate your connection immediately. Every effort will be made to inform you prior to disconnection, and to re-establish your connection upon receiving such representations from you as Netchain Communications deems appropriate in the circumstances.
You agree to indemnify and hold us harmless from any claim resulting from your use of this service which damages any person.
NO TCP/IP DIAL-UP CONNECTIONS CAN BE USED AS A DEDICATED LINE INCLUDING AN UNLIMITED ACCESS ACCOUNT UNLESS THE DIAL-UP ACCOUNT IS SPECIFICALLY DENOTED AS A "DEDICATED" ACCOUNT.
H. Assignment.
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account name and password, you shall remain liable to us for any fees due under this agreement.
Netchain Communications may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
I. Information Release.
You agree to permit us to list your participation in our service in such directories or postings as Netchain Communications deems necessary or appropriate to the conduct of our service. These listings will contain only your name and user ID. Netchain Communications will not publish your phone number or address without permission.
J. Installation of Software.
Netchain Communications will provide you with telephone support to assist you in connecting to our service. Due to the complexity of modern telecommunications, Netchain Communications cannot assure that you will be successful in securing a reliable connection. If you are unable to secure such a connection, on return of your setup materials, Netchain Communications will refund your subscription fee, and this agreement shall terminate upon such refund.
K. Access to Other Networks.
Use of other networks may require approval of the their network authorities. Your use of such networks will be subject to any acceptable usage policies they establish.
L. Change of Terms and Conditions.
Netchain Communications reserves the right to change the terms and conditions of this agreement by giving you notice at least 30 days in advance of the effective date of the change. Use of our connection by you after the effective date constitutes acceptance of those new terms and conditions. If you does not agree to the new terms and conditions, you may terminate this agreement in accordance with Section D.
M. Notification of Account Changes.
You agree to provide us with such other information relating to your use of this service as Netchain Communications deems necessary or desirable. You agree to notify us if your address or billing information changes.
N. Notices.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with confirmed receipt; if sent by fax; or on the third day after mailing by first class mail, provided the notices are sent to the addresses set forth in the first paragraph of this agreement.
O. General Provisions.
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section L, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing below represents that he or she is duly authorized to enter into this agreement on behalf of that organization. This agreement shall be construed in accordance with, and shall be governed by, the law of the State California. Venue for any dispute arising under this agreement shall be in San Diego County.
P. Effective Date.
This Agreement shall be effective as of the date of User's first use of Netchain Communications' services. This Agreement shall be effective without execution by User.
