READ THIS INTERNET SERVICE AGREEMENT CAREFULLY BEFORE USING OUR INTERNET SERVICES.
1. INTRODUCTION.
NSWE Corporation ("NSWE") provides its Internet services, as they may exist from time to time, ("Services") to all end users who pay a monthly service fee to subscribe to the Services ("Members") as well as those who access some of our Services but do not have accounts ("Visitors"). By establishing an account or using the services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other user policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.
2. SUBSCRIPTION REQUIREMENTS.
Members must be at least 18 years old. Local access dialup numbers may not be available in all areas. You are solely responsible for determining if use of a particular dialup number will cause you to incur long-distance, toll, or other charges. NSWE is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800#), international and simultaneous access costs are extra. Current prices for NSWE's Services are posted throughout our website at
http://www.nswe.net. These rates may also be obtained by calling (804) 232-2098. NSWE reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
3. PAYMENT OBLIGATIONS OF A MEMBER.
(a) Members must (i) provide NSWE with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to NSWE all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account, should contact NSWE's Customer Service Department at. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
(c) Charges are billed to Members' credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. NSWE is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by NSWE.
(d) If paying by check, payments are due within 30 days after the month in which the charges are incurred.
(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
(f) If you purchase Services through a reseller who in turns pays NSWE, the reseller must pay all amounts owing for your account. If the reseller fails to pay NSWE any amounts due - whether or not you have paid the reseller - your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
(g) Delinquent accounts may be suspended or canceled at NSWE's sole discretion; however, charges will continue to accrue until the account is canceled. NSWE may bill an additional charge to reinstate a suspended account.
4. MEMBER'S ACCOUNT, PASSWORD AND SECURITY.
Upon registration, Members receive a user name, password and account designation upon registration. You and members of your household or business, if you have purchased a business account, are the only authorized users of your NSWE account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify NSWE immediately upon discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 5MB in size may, at NSWE's discretion, be transferred to a compressed temporary file or storage. NSWE may delete the temporary file from the server 60 days after notifying you. Any free web site exceeding 225MB of traffic will be billed for excess traffic. You may establish a commercial or high-volume account by calling.
Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.
NSWE may change its POP numbers at any time. NSWE reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are NSWE's property and NSWE may alter or replace them at any time.
5. MONITORING THE SERVICES.
NSWE has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if NSWE, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. NSWE may immediately remove your material or information from NSWE's servers, in whole or in part, which NSWE, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY NSWE, NSWE DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. NSWE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NSWE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. NSWE MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH NSWE OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY NSWE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. NSWE AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, NSWE'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
7. SOFTWARE LICENSE.
NSWE grants to each Member a limited, non-exclusive, non-transferable and non-assignable license to install and use the NSWE access software (including software from third-party vendors that NSWE distributes) (in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. NSWE may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of NSWE and NSWE's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with NSWE and NSWE's licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof.
You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Contractor/manufacturer is NSWE,
5018 Red Oak Lane Richmond, Virginia 23224.
8. WEBSITE USAGE.
Our site on the World Wide Web with its home pages in the domain "nswe.net" or any other site operated by NSWE (the "Website") is a complimentary information service offered by NSWE at no charge to users.
We may provide links on the Website to other websites which are not under our control. In general, any website which has an address (or URL) which does not contain "nswe.net" is such a website. These links are provided for convenience only and are not intended as an endorsement by NSWE of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
You may provide a hypertext link to our Website on another website, provided that: (a) the link must be clearly marked "NSWE", (b) the link must "point" to the URL "http://www.nswe.net" and not to any other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by NSWE, (e) the link, when activated by a user, must display this Website full-screen and not within a "frame" on the linked website, and (f) NSWE may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Website must be approved in writing by NSWE.
Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by NSWE. NSWE assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold NSWE harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify NSWE from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk. NSWE will have no liability arising from use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website.
Your posting of material on the Website or providing material to NSWE to use on the Website will be deemed to be a grant by you to NSWE of a license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
9. TERM OF AGREEMENT.
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.
10. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to NSWE by:
To terminate Web Hosting and/or Business Services, you must call. Your termination will only be complete upon your receipt of a cancellation confirmation number from NSWE. Charges to your account will stop accruing the day NSWE provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted If your account included space on NSWE's servers, anything stored on this space will be deleted upon termination.
Without prior notice, NSWE may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if NSWE, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy or any of the applicable user policies, or if you fail to pay any charges when due. NSWE may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.
11. JURISDICTION.
Under California Civil Code Section 1789.3, Members or Visitors who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.
This Agreement is governed by Virginia law without regard to conflict of law provisions.
The federal and state courts located in Virginia alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Virginia with respect to such matters or otherwise between you and NSWE, and waive your rights to removal or consent to removal.
12. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, the
Privacy Policy, and NSWE's other user policies posted on NSWE's website constitute the entire agreement between you and NSWE with respect to your use of the Services.
NSWE may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on NSWE's web site (http://www.nswe.net) and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.
Ver. 01/02/2005
