95NET makes no warranties of
any kind, whether expressed or implied, for its services. 95NET specifically disclaims any
implied warranties of merchantability or fitness for any particular purpose. 95NET will
not be responsible for any losses or damages resulting from delays, nondelivery,
misdeliveries, service interruption, or Customer's errors or omissions. 95NET will not
under any circumstances be responsible for consequential damages.
The validity, construction and performance of this agreement shall be governed by the laws
of the State of California, County of Orange. If any provision of the 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 shall become effective when
Customer's net access is enabled.
Part I, Statement of purpose:
This license agreement is designed to help protect 95NET and its customers from
disagreeable circumstances that may arise from any misunderstandings between 95NET and its
customers, abusive users, or other conditions that might cause dissatisfaction or tangible
losses to 95NET or its customers.
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Part 2, Definitions of Terms:
system: Those computer devices and peripherals that, in sum, constitute the computer
network of 95NET.
abuse: Those many and varied activities that would commonly be termed abusive by computer
professionals. These would include, but are not limited to, modification of, or tampering
with, files not owned by the user. Attempts to examine files that contain sensitive
information not normally to be viewed by system users. Attempts to use system resources
not normally available to users. Attempts to reduce the systems security, or to hamper the
normal functioning of the system.
user: Any individual outside the employ of 95NET who is given access to the resources of
95NET.
customer: Any entity that has been granted access to the 95NET system, or who has data
managed in some fashion by the 95NET system.
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Part 3, Terms of Service:
Service is granted to customers of 95NET on a conditional basis, and may be terminated by
95NET or the customer at any time. In case of unused pre-paid fees, reimbursement will be
as follows. If the customer has received a discount for prepayment, that discount will be
deducted from the pro-rated reimbursement amount, otherwise, the customer will received a
full pro-rated refund. In case of a contractual obligation between 95NET and the customer
outside of this agreement, the terms of service will be as defined in the outside
contract.
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Part 4, Restrictions:
1. All applicants for service of any type must be at, or over, the age of consent in the
location under whose jurisdiction they reside. Those under the age of consent must have
their legal guardian sign a consent form.
2. Users must not use access to the 95NET system for unsolicited bulk-mailing. Each
User is allowed to electronically mail up to fifty (50) messages per day; additional
messages electronically mailed through the 95NET system shall be billed at a rate of $0.32
per message.
3. Users must not use the 95NET system for illegal activities, or in any manner prohibited
by law.
4. Users indemnify and hold harmless 95NET for claims arising from use of the 95NET
system.
5. Users may not share password and user ID information with others.
6. 95NET does not have control over the information passing through its system, and is not
responsible for the accuracy of such information.
7. 95NET reserves the right to modify these terms and conditions at any time. Users will
be notified by electronic mail to their account on the 95NET system if such changes shall
have an effect on their service. Customers of 95NET who do not have an on-line account
will be notified by mail or phone.
8. Users will not abuse the 95NET system.
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Part 5, Billing Policies:
1. To open or close a 95NET account requires written notification by fax or US Mail.
2. Service is invoiced in advance. 95NET users agree to pay recurring service charges
until their account is canceled by signed notification. Once signed notification is
received, any future invoicing will cease. 95NET will then close the user account at the
end of the current billing period.
3. A statement will be sent once a month for accounts being paid monthly by check or money
order. All payments are due upon receipt of invoice or statement. Accounts
paid with a credit card are billed in advance at the beginning at each month. Credit
card accounts are billed monthly unless otherwise specified by the customer ( e.g.,
prepay, fee waiver ).
4 A statement will be sent at the
beginning of each quarter for accounts being paid quarterly by check or money order.
All 20 hour Analog PPP accounts are billed quarterly in advance.
5. If your check is returned to 95NET unpaid, you are immediately in default and subject
to a returned check charge of $20.00.
6. Accounts unpaid after 30 days of invoice date may have their service interrupted. Such
interruption does not relieve you from the obligation to pay the monthly charge. Only a
written request to terminate your service relieves you of your obligation to pay the
monthly account charge. If you default, you agree to pay 95NET reasonable collection
expenses, including attorney and collection agency fees.
7. Accounts terminated for violation of this agreement are non-refundable. |
