By accepting this account you (the subscriber) agree to the following terms and conditions:
1) The term “the company" refers to Network Computers LLC (iWarp.net Internet Service)
and its representatives and assigns. The term "subscriber" refers to the person or
entity approving this agreement. The term "authorized account associates"-
2) All services rendered to authorize account associates by the company, either through
access to the Internet or locally on the company host, may only be used for law-
3) The subscriber is responsible for adherence to any policies and restrictions pertaining to the communications means by which authorized account associates connect their terminal or computer to the company host or any other service provided by the company.
4) Access to the company host shall be provided as a local call within the current area code in the community defined as area where the local service provider is offering the service. Company provides no warranty or guarantee that the telephone access to the company host is within, or will remain within, the area code or local dialing area provided to the subscriber by his or her local service provider.
5) Payment of the initial fee is due prior to the anniversary day of the service period. Renewals not received prior to 15 days past the first day of the service period are to be considered delinquent and may subject the account to termination. Returned checks are subject to a charge of $25.00, as well as suspension of the account until payment is received, subject to the above delinquency terms.
6) The subscriber agrees that the company, has the right to delete all data, files or other information that is stored in the subscriber's account on the company host if the subscriber's account with the company, is terminated for any reason by either the company or the subscriber.
7) ACCOUNTS ON THE COMPANY HOST CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN AUTHORIZED ACCOUNT ASSOCIATES. USE OF THIS ACCOUNT BY PERSON OR PERSONS NOT AUTHORIZED BY COMPANY IS STRICTLY PROHIBITED. NO MORE THAN ONE LOGIN SESSION OR ONE AUTHORIZED ACCOUNT ASSOCIATE CAN BE ACTIVE AT A TIME FOR ANY ACCOUNT. ACCOUNTS, WHICH HAVE BEEN TRANSFERRED TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THIS AGREEMENT, ARE SUBJECT TO IMMEDIATE TERMINATION. THE COMPANY RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THIS CONTRACT. THIS PARAGRAPH IS NOT TO BE CONSTRUED SO AS TO ALLOW PROVIDER TO VIOLATE ANY STATE OR FEDERAL LAW REGULATING PRIVACY.
8) Services provided by the company can be canceled at any time by either the company or the subscriber, with written notice sent by the subscriber to the address of the company listed in this contract, or by the company, with written notice of the reason for termination sent to the last mailing address listed with the company by the subscriber. It is the responsibility of the subscriber to keep the company informed of his or her current mailing address. If termination by a subscriber is requested it must be 30 days prior to the anniversary date of the service period dated at the beginning of the contract, otherwise invoices will be generated and sent and credit cards will be charged for the original elected contacted service period.
9) The subscriber certifies that he or she is at least 18 years of age and a legal resident of the state were the service is provided. The subscriber certifies that the legal names of all persons to be accepted by company as authorized account associates are listed in the space provided. Subscriber further certifies that all authorized account associates are legal relatives under your state Law, being directly related by blood or marriage, and living at the same permanent residence as the subscriber.
10) Company agrees to permit access by the subscriber and, if married, the subscriber's spouse, the use of 5 individual email addresses and passwords. Additional email addresses can be added at a charge of $12 a year.
11) Subscriber agrees to hold the company harmless for any offensive material that may be viewed by any authorized account associate under the age of 18. Furthermore, subscriber agrees to indemnify and hold harmless the company from any claims resulting from the use of the service by any account associate which damages either the account associate, the subscriber, or another party or parties.
12) Subscriber certifies that neither he nor she, or any other account associate
has been convicted of a violation of any US Federal or state regulation involving
either the illegal use of any regulated telecommunication facilities or illegal distribution
of commercial computer software or data. Furthermore, subscriber certifies that the
subscriber has removed neither him nor her, or any other account associate from any
other facility accessing the Internet for cause other than non-
13) New accounts wishing to discontinue within the first 30 days may do so, and will
be charged only for the first month of service. Any accounts established longer than
one month are responsible for fees as agreed to during original sign-
14) LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT SERVICE PERIOD.
15) These terms and conditions supersede all previous representations, agreements or understandings and shall be the prevailing terms of this agreement.
16) Use of a company host account constitutes subscriber's acceptance of these terms and conditions.
17) Unlimited access does not imply dedicated service.