NuNet's Terms of Service Agreement

Last Update: March 15, 2006

These terms and conditions constitute a binding contract between you and NuNet. They explain NuNet’s obligations to you, and explain your obligations to NuNet when you use NuNet’s access services. By using any of these Internet access services, you agree that your use of the access services and your access to the Internet is provided in consideration of this agreement and to abide by these following terms and conditions. You should periodically review these terms and conditions as they may change without prior notice.

Account Usage

1. Online Policy

NuNet’s online policies, including the following list , are part of your subscriber agreement. As explained in your subscriber agreement, your use of NuNet’s access services must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, defamation, obscenity,  false advertising, the right of privacy,  and fraud.

2. Interactive Use

Use of NuNet's services by non-dedicated access customers must be 'interactive.' For all purposes of this policy and the policy letter mailed  to each customer, you agree and understand that 'interactive' means that,   (1) the Customer must be physically present in front of the computer or   terminal and (2) the Customer must, at least once every so often, enter a command by direct physical contact with the computer keyboard or mouse, (3)   you are awaiting a long file to finish downloading in which case you do not need to be physically present or press a key.

If NuNet has reason to believe that a customer is not using NuNet's services  on an 'interactive' basis then, in that event, NuNet may, at its sole  option, cancel customer's access, or suspend  customer's access or bill your account at $135.00 per month. In addition to the above, NuNet may deem it necessary to bill your account for a dedicated  connection fee at $135.00 per month for any past non-interactive usage that  has occurred. NuNet will never bill any account without prior notification to the customer. This policy is in place to prevent users for example from logging on in the morning, going to work, and then returning during the evening. Normal Internet usage will not be affected by this policy.

3. E-mail Policy

NuNet provides unlimited worldwide E-mail to its customers. E-mail is to be used for communicating between willing users. Five E-mail addresses are included with the standard account. Additional E-mail accounts must be applied for from NuNet’s homepage.

Your E-mail account (or any service associated with NuNet, Inc.) is not to be used for Unsolicited Bulk E-mail (UBE). This is defined as Spam (see description below), and will be treated as a commercial service if NuNet discovers any user using E-mail for this purpose. This is not to say that if you have many business associates or friends you can not E-mail them information. They would be in a voluntary two-way communication with you.

The Definition of Spam

The word "Spam" as applied to E-mail means Unsolicited Bulk E-mail ("UBE").

Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content.

Technical Definition:  An electronic message is "Spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

NuNet does not support E-mailing unsolicited bulk E-mail (UBE), for whatever reason, to any mailing list. NuNet reserves the right to immediately terminate any accounts or groups of accounts doing any such mailings. Any account terminated by NuNet due to Spamming will be billed according to the following commercial rates:

• Any Spam that requires NuNet personnel to correct the mail server or any of its components will be billed at $125.00 per hour, with a 4-hour minimum. NuNet maintains an E-mail log file. Based on the content of this log file, the account will be charged $0.50 per addressee. (It is less expensive to mail by regular US Mail.)

• Any scam or pyramid scheme discovered will be reported to the appropriate legal authorities. NuNet will provide all records, including offenders name and address, to the authorities upon being presented with an official subpoena.

• NuNet will immediately bill and debit any credit card assigned to the account. In addition NuNet will proceed with all legal means if the invoice is not paid in full within 10 days.

The fact that NuNet has a rate for people who Spam is not to be construed as NuNet’s permission to Spam. All forms of Spam are strictly prohibited and will be prosecuted to the letter of the law. NuNet's definition of Spam includes all mail that actually passes through our servers or in addition to any UBE associated with any domains residing on any of our servers whether the E-mail actually passes through our servers or not.

Blacklisting Spam

NuNet subscribes to numerous blacklists that are intended to prevent Spam from reaching our customer's E-mail boxes. Please understand that NuNet cannot remove these blocks, only the mail administrator after solving the Spam problem can have the block removed by contacting the appropriate blocking list. Our statistics have shown that the blacklists block 99.98% Spam while on rare occasions blocking a legitimate mail. NuNet has been forced by Spammers to subscribe to these blacklists and therefore will not be held responsible if any legitimate mail gets rejected by one of the blacklists. NuNet will also on occasion block persistent spam by using keywords in the subject line and body of the message. These keywords are carefully chosen so as not to block any legitimate mail.

4. Privacy of Communications

NuNet intends to respect its subscribers' privacy and will not randomly monitor or disclose the contents of private E-mail or private chat room communications. However, you agree that NuNet has the right, but not the obligation, to monitor or disclose the contents of private communication, if NuNet, in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect NuNet’s rights, systems or network, and/ or property; or (3) in emergencies when a person's physical safety may possibly be at issue.

5.  Telephone Charges

Since there is not a central database of all local calling plans and dialing areas, there is no way for NuNet to inform you what is a local call and what may not be. We will always offer you a list of numbers in that area and allow you to choose one that is local to you.

Therefore, you are responsible for verifying that the phone number you are calling the Internet through NuNet is a local access number to which your computer is dialing. Any telephone charges associated with your access to the Internet through NuNet are solely your responsibility. NUNET DOES NOT REIMBURSE OR PAY ANY TELEPHONE CHARGES FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, A CLAIM THAT THE NUMBER WAS REPRESENTED AS BEING LOCAL OR TOLL FREE.

Account Billing

1.  Account Charges

Your monthly account charges are payable in advance. If you terminate your account, NuNet has the right to retain and/or collect all fees owed to date even though it may be for services not rendered prior to termination. If your account is terminated by NuNet because of violations of NuNet’s online policies, you will not be entitled to any refund, such forfeiture being agreed to you and NuNet as liquidated damages and not as a penalty.

NuNet sells unlimited attended access to the Internet. NuNet does not bill for hours of attended connection. The account is for a single user or family and not to be shared among business associates or over a network with multiple users. No user may use any automated program to maintain a continuous connection to NuNet. Any user caught doing so may be billed the monthly rate for a dedicated 24/7 connection ($135.00 per month). Any connection maintained for a period greater than 300 (average of 10 hours per day) hours per month may be deemed an automated connection and as such is subject to the terms of a commercial dedicated account. (NuNet will never bill an account any additional fees without first notifying the customer.) Failure to use your Internet access will not negate your bill. NuNet sells access not usage.

2. Cancellation:

Your account will remain in effect until you terminate either in writing, by fax, postal mail, or an E-mail. Until such time, your account will remain active  and you will be responsible for all charges incurred. If you provide NuNet with a credit card or bank account, you authorize NuNet to bill your credit card or bank account continuously and in advance of each monthly, quarterly, bi-yearly or yearly service. Failure to call tech support to resolve connection problems does not relieve you of the charges.

Any yearly account that is cancelled before the end of the service period will revert to the normal monthly rate and will be charged a $50.00 early termination fee. Otherwise the account will remain open until the end of the service period. Any bi-yearly account will revert to the normal monthly rate and be charged a $25.00 early termination fee. Any quarterly account will revert to the normal monthly rate and be charged a $15.00 early termination fee.

Example:

A yearly Account paid at $219.00 is cancelled 6 months into the service the refund is computed as:

$219.00	yearly rate
-$119.70	$19.95 monthly rate x 6 months of service used
-$  50.00	early termination fee
$   49.30	the refund you would receive

All refunds will be made in the manner they were received either by credit card refund or a written check refund. (There will be no cash refunds available).

3.  Billing Period:

A billing cycle will begin on the date you purchase the access services and will continue for one billing period from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased the access services. It may be necessary, however, for NuNet to change billing cycles from time to time. In said instances, account charges will be prorated in accordance with the new billing cycle.

If a billing cycle anniversary date falls on the weekend or a holiday, the account may be charged on the Friday before the weekend or the day before the holiday.

If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by NuNet prior to the first day of each billing cycle. Your account will be considered to be in default if payment of your account charges is not received within thirty (30) days after the Bill Date of your invoice. If your accounts is still unpaid forty-five (45) days after the Bill Date of your invoice, you may have your Access Service interrupted or terminated without further notice to you.

4.  Collections / Default:

If any instrument received in payment is returned to NuNet unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a collection charge of $25.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your account charges. You cannot terminate your account by simply calling and/or not paying the bill and/or not using the account.

NuNet may immediately terminate your account, in NuNet’s sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges with the understanding, however, that customer remains fully liable to NuNet for all charges incurred by NuNet due to said declines, returned checks, etc.

If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay NuNet its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing NuNet’s rights under NuNet’s Internet access agreement.

5.  Suspension 

We may, without notice to you, suspend your account under the following circumstances: (1) the issuer of your credit card refuses or reverses an amount charged to your card in respect of your service; (2) you fail to pay when due any amount owed to us; (3) we suspect fraudulent or abusive activity; (4)  your computer is infected with a virus and is sending large amounts of Internet traffic through our network; (5) we receive notice from anyone that the use of, or the content transmitted using, your account may violate this Agreement or any laws, regulations, or copyright law; or (6) any information you give us is false or you fail to perform any of the promises you made in this Agreement. If your account has been suspended, please call us. Our actions under this paragraph shall not constitute review or approval of your use or content.

6:  Billing Disputes:

ANY DISAGREEMENT OR DISPUTE CONCERNING A BILL MUST BE MADE WITHIN 30 DAYS OF THE BILL DATE. CHARGES DISPUTED AFTER THIS PERIOD OF TIME WILL BE CONSIDERED NON-NEGOTIABLE.

Legal

I. Terms of Agreement

1. To make your use of the access service as enjoyable as possible, in addition to the terms and conditions of this agreement, NuNet requires its subscribers to abide by the rules of conduct described in NuNet's Online Policy. You agree to abide by NuNet’s online policies and agree that those policies are incorporated into this agreement by reference. 

2. Information concerning services, rates, and surcharges for using the access services, may be found at NuNet website (www.nni.com) or may be obtained by calling NuNet’s customer service at 1-888-NuNet-Me. It is important that you  review the information on this website on a regular bases as your are responsible for knowing its content.

3. You agree that NuNet may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) revise the services provided under this agreement at any time. Any such revisions will be binding and effective immediately on posting the revised agreement on NuNet’s home page, or on notification to you by E-mail or postal mail.

4. You agree to review this agreement and the online policies periodically to be aware of any revisions.

5. You agree that, by continuing to use the access services following notice of any revision to the agreement or the posting of the revised agreement on the NuNet website (www.nni.com), you accept any such revisions and agree to abide by any such revisions.

6. NuNet, reserves the right to distribute informative emails to our subscribers on an occasional basis that it feels is important to the quality of our service. These announcements are often informative and may notify you of possible upgrades to your service.

II. Registration Information

1. You agree to provide NuNet with accurate, complete, and updated registration information. If you do not provide NuNet with accurate registration information, you are not authorized to use the access services and your account may be terminated immediately.

2. YOU AGREE THAT BY USING THE ACCESS SERVICES YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

III. Access Services

1. NuNet’s access services will provide you with: (1) unlimited interactive connectivity to the Internet through NuNet’s Internet access service  (2) free customer technical phone support; (3) ISDN Internet access where available; (4) access to tens of thousands of newsgroups; (5) free personal web site; (6) 10 MB’s of combined web and email space; (7) data transfer allowance of up to 1 gigabyte (1000 MB) for web site hosting )

2. The Internet is not owned, operated, or managed by, or in any way affiliated with NuNet or any of NuNet’s affiliates. The Internet is an international computer network of worldwide computers. NuNet cannot and will not guarantee that the access services will provide Internet access that is sufficient to meet your needs. You agree that your use of the access services and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

3. You agree that NuNet retains the right, but not the obligation, to restrict or terminate your access services at any time, if NuNet, in its sole discretion, determines that you are in violation of this agreement. You agree that, if NuNet determines that you are in violation of this agreement, any restriction or termination of your Access services will be effective immediately, without prior notice. You agree that NuNet will have no liability to you for any restriction or termination of your access services pursuant to such violation.

4. You agree that if NuNet terminates your access account as a result of your violation of NuNet’s online policies, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to you by you and NuNet as liquidated damages and not as a penalty. You further agree that if you violate NuNet’s online policies, NuNet may refuse to accept any application for renewal or re-subscription following cancellation.

IV. Content of Communications

1. The access services provide you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on NuNet’s computer servers and on the Internet (content). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any content available to you on or through the access services.

2. You agree that NuNet has the right, but not the obligation, to remove content from NuNet’s computer servers which NuNet, in its sole discretion, determines to be in violation of this Agreement or NuNet’s online policies.

3. As a matter of policy, NuNet does not pre-screen content placed on NuNet’s computer servers by any of its subscribers. NuNet does not have the practical ability to monitor, review, or restrict, prior to its transmission, content on NuNet’s servers which may violate this agreement or NuNet’s online policies. In addition, NuNet cannot ensure the prompt editing or removal of any content which may violate this agreement or NuNet’s online policies after such content has been posted on NuNet’s servers.

4. The Internet provides access to individuals who are not NuNet subscribers. NuNet does not have the capability to monitor, review, or restrict any content made available by third parties on the Internet, nor to edit or remove any such content after its posting on the Internet.

5. Please be advised that, despite NuNet’s efforts, you may receive content which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that NuNet will not be liable for any action or inaction with respect to any content posted on or through the Access Services and the Internet.

V. No Warranty

1.You agree that your use of the Access Services, the Software, and the Internet is solely at your own risk. You agree that the Access Services and the Software is provided on an "as is," "as available" basis without warranties of any kind, either express or implied unless such warranties are legally incapable of exclusion.

NUNET MAKES NO EXPRESS WARRANTY AND ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT POSSIBLE BY LAW. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY.

2. NuNet disclaims any and all loss or liability resulting from, but not limited to: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data miss-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of NuNet or NuNet’s subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service; (8) loss or liability resulting from partial or total loss of Access Services; (9) loss or liability of any kind or nature whatsoever in anyway related to telephone company of line charges; (10) personal injury, personal or business losses or interruptions, emotional injury, and/or consequential damages; and, (11) loss or liability resulting from acts of God.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL NUNET OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY OTHER DAMAGES WHATSOEVER EVEN IF NUNET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. This limitation of liability shall apply to liability for death or personal injury to the extent applicable law permits such limitation.

3. You agree that NuNet’s entire liability, and your exclusive remedy, with respect to your use of the access services, your use of the software, and any breach of this Agreement is solely limited to the amount you paid to NuNet to use the specific part of the access services giving rise to said liability. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, NuNet’s liability is limited to the extent permitted by law.

VI. Indemnification

1. You agree to defend, release, indemnify, and hold NuNet, its affiliated companies and licensors, harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the agreement by use of, or in connection with the posting or transmission of any content by or through your account on the access services.

2. You agree that NuNet has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to paragraph 1 of this section. In such event, you shall have no further obligations pursuant to paragraph 1 of this section.

VII. Termination

1. You agree that NuNet may terminate this Agreement for any reason at any time.

2. You agree that your only right with respect to any dissatisfaction with any: (I) Agreement term, policy, or practice of NuNet in operating the Access Services; (II) Content available on or through the Access Services or change therein; or (III) amount or type of fees or billing methods, or change therein, is to terminate this Agreement in accordance with its terms.

3. You agree that NuNet has the right, but not the obligation, to delete all program, data, or other files on NuNet’s computer servers that are associated with your account at the time of termination.

4. Only the person whose name is on the account will be able to
  (a) Change User ID and/or Password
  (b) Cancel an existing account in writing.

5. You understand and agree that some restrictions may apply to your selection of user id and password.

6. The following are non-refundable: Web and Publishing/Development Fees, Domain registration fees, Static IP charges, Sub Class C charges and Class C Charges, set-up fees, equipment fees, and telephone company or line charges.

7. Shipping and Handling charges are non-refundable.

8. You agree that your account will continue to be operational and billable until you cancel the service in writing, via fax, postal letter or E-mail.