Please Read this SERVICE AGREEMENT before signing-up
SERVICE AGREEMENT FOR ALL ACCOUNTS
This agreement (the Agreement) is by and between Netcon3, duly authorized and existing under he laws of the State of Oregon with its main office in Central Point, Oregon 97502, and the Customer (individual User of this Service) for the provision by NetCon3, or its subcontractors of certain computer network services as more particularly described below, and is considered executed upon the Customer's use of the Internet server.
1. Access and Network Usage. It is understood that Netcon3, does not normally own or control the various cable, telecommunications or other facilities to which it may provide access, except those specifically identified as belonging to Netcon3. Arrangements or use of, or access to, such facilities must be made with those who own or control them. The Customer is responsible for providing, operating, and maintaining the necessary cabling computer hardware and computer software used for this service at their site. The Customer shall be responsible for user/access security and network access. Netcon3, provides no user access security with respect to any of the Customer
=s facilities or facilities of others. Netcon3, will assist in network security breach detection or identification, but shall not be liable for any inability, failure or mistake in doing so. All local access installation and dial-up costs are the responsibility of the Customer.2. Anniversary Date. The Anniversary Date is considered the date of sign up. (e.g. if you sign up the 1st day of January then the Anniversary date is January 1.)
3. Fees. For this service, the Customer shall commit to Netcon3, through cash payment the full network connection costs including setup and monthly service fees. The setup is non-refundable. Service Commencement is initiated on the basis of the receipt of payment in full by cash, credit card, check or money order committing to the appropriate charges.
4. Warranties. Neither Netcon3, nor its subcontractors warrant any connection to, transmission over, nor results of use of, any network connection or facilities provided (or failed to be provided) under this Agreement. The Customer is responsible for assessing their own computer and transmission network needs, and the results to be obtained from. Netcon3, makes no warranties of any kind, whether express or implied, including any implied warranty a merchantability or fitness of this service for a particular purpose. Netcon3, assumes no responsibility for any damages suffered by Customer including but not limited to, loss of data from delays, non-deliveries, or service interruptions caused by Netcon3's, own negligence e Customer's errors and/ or omissions.
5. No Warranty on Related Hardware a Software Products. Netcon3, makes no warranty with respect to any software or hardware used or provided by Netcon3, in connection with this service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacture of said hardware or software product. Netcon3, assumes no responsibility for any actions from the possession or use of these software or hardware products.
6. Limitation of liability. Neither party shall be liable to the other for loss. damage liability, claim or expense arising out of or in relation to this Agreement or the provision of service or equipment, however caused, whether grounded in contract or tort (including negligence) or theory of strict liability. The parties agree to work in good faith to implement the purposes of he Agreement, but recognize that the network connection and services to be provided by Netcon3, could not be made available under the terms or other similar terms without substantial increase in cost if he parties were to assume a greater degree of liability to each other.
7. Term/Extension/Termination This Agreement shall extend from the Anniversary Date until one month from the Anniversary Date and shall continue month-by-month as per the Agreement. Relevant fees refers to the published price of the service. Customer is responsible to notify Netcon3, of any changes in their name address, other information, etc. For service de-activation requests, the Customer is to fill out the Service De-Activation Request Form" included with the initial literature and mail it to the address above. Email is acceptable.
8. Notices. All notices given by Customer are required under this Agreement shall be in writing, thirty (30) days in advance and addressed to: NetCon3, P.O. Box 3543 Central Point, Oregon 97502. Email to accounts@netcon3.com
9. Access to Other Networks. Use of other networks may sometimes require approval of the respective network authorities and use will be subject to any acceptable usage policies such networks establish.
10. Regulation and Authorization. All services to be provided the Customer either in part or in total through Netcon3, are appropriate subject to relevant Federal and State regulations. If these same services we offered through other networks, Netcon3, accepts no responsibility for their authorization. This service may only be used for lawful purposes. Materials and or transmission in violation of any local, state, Federal or international regulation (s) is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, or material protected by trade secret. Customer agrees to indemnify and hold Netcon3, harmless from any claims resulting from Customer
=s use of this service with another Customer and/or third party.No pornography, KKK, illegal software, pirates, and no selling sub-domains. Netcon3, needs to be notified at least 7 days in advance prior to Domain transfers, to approve the transfer.
11. Use by a Minor. No minor may either sign up for Web Service a use The Web Services, without prior approval and signed "Use By Minor Consent Form" authorization on he Subscription Agreement/Account Application Form sheet. The parent or guardian must provide a valid drivers for verification of age of parent or guardian. Netcon3, does not censor or restrict information on the Internet. Some material found may not be suitable for minors.
12. No Pro-ration of Fees. If service is bought in one month increments, no pro-ration on the terms or cancellation for any prepayment is allowed.
13. No Assignment. The Customer shal1 not sell or transfer or assign this Agreement without the prior written consent of Netcon3. Any act contrary to the foregoing shall be null and void; provided however, that any such assignment shall not relieve the Customer of their obligation under this Agreement.
14. Sever ability and Entire Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to he subject matter herein and supersedes any other agreement and understanding written or oral.
15. Netcon3, Termination. Netcon3, can terminate Customer's account at will for any reason it solely determines. The Customer specifically waives the right to sue or ability to subrogate those rights for any losses. If Netcon3, terminates Customer's account, Netcon3, will refund any relevant service fees (which, in this case, will be prorated.)
Last update: 08/03/2008