Terms And Conditions of Use of Netpath, Inc.
Effective 06/25/01 |
All users of network services provided by Netpath, Inc. must agree to adhere to the following Terms and
Conditions. Violation of any of these may result in cancellation of service and/or prosecution where the law
permits. Please take the time to read the following. Netpath, Inc. will assume that you agree to the
policy by your continuation of service, as indicated in the final clause. Your signature indicates agreement
to these Terms and Conditions.
- Netpath, Inc. exercises no control over the content of the information passing through the Internet.
Netpath, Inc. therefore cannot be held liable for lack of censorship of said information. There are
specific programs available to allow parental control on the access to Internet sites.
- Netpath, Inc. makes no warranties of any kind, neither explicit nor implied, for the service it is
providing. Netpath, Inc. also disclaims any warranty of merchantability or fitness for any particular
purpose. Netpath, Inc. will not be liable for any damage that you or your equipment suffer, or any
incidental damage incurred. Netpath, Inc. will not be held liable for loss due to equipment malfunction,
scheduled or unscheduled service of equipment, interruption of telephone service, disasters, programming errors,
changes in policy, viruses, hacker activity, or any other factor that may affect the use, effectiveness, or
profitability of any Internet-related venture.
- Netpath, Inc. may only be used for lawful purposes. Transmission of any material in violation of
any U.S. state or federal regulation is prohibited. This includes, but is not limited to: Copyrighted material,
including software, material legally judged to be threatening or obscene, or material protected by trade secret.
You agree to indemnify and hold harmless Netpath, Inc. from any claims resulting from your use of the
service. In addition, Netpath, Inc. will cooperate with established legal authorities as deemed necessary
by existing laws and court rulings to enforce injunctions, remove questionable material, and to provide information
on anyone using its system to perform illegal activities.
- Any access to other networks through Netpath, Inc.’s system must comply with the rules appropriate to
that network. Additionally, any use of information obtained via Netpath, Inc. is at your own risk.
Netpath, Inc. specifically denies any responsibility for the accuracy or quality of information obtained
through its services.
- "Unlimited" usage is defined by Netpath, Inc. as the following: Usage of Netpath's connections without
fear of additional levied charges. Netpath, Inc. reserves the right to inquire and receive a satisfactory
answer about the causes of unusually high usage of online hours. "Unusually high" refers to online usage greater
than 200 hours/month. Netpath, Inc. also reserves the right to institute statistical algorithms to determine
and curtail abuse of online activity.
- Resale of Netpath, Inc.’s network services by a user of Netpath, Inc.’s services is prohibited
unless this condition is superseded by an explicit network reseller agreement executed between an established
Internet Service Provider and Netpath, Inc. Accounts are specifically intended for use within one entity
(household, individual, or business) as determined upon signup.
- All new non-commercial accounts will be required to pay using a credit card or Visa or Mastercard check debit card.
Commercial accounts may still be invoiced in a normal fashion or may optionally use a credit card upon initial signup.
Former billing non-commercial accounts will be "grandfathered" unless the account goes into a Past Due status. Should
a non-commercial billed account become Past Due, the only way to continue your account will be to change over to a
credit card or check debit card as stated earlier. Past Due is defined as a payment not being made upon a bill before
the next bill is executed one month later.
- All payments are due upon receipt of invoice which will be executed electronically unless arranged otherwise.
Account will be in default if payment is not received within 10 days of the date of the invoice. Any returned
checks will be subject to a $25.00 returned check charge by Netpath, Inc. as authorized by law (N.C. GS
25-3-506) Accounts that are in default will have their service interrupted, and will still be obligated to pay
any accumulated charges. Only a written request to terminate your service will relieve you of your
obligation to pay the monthly or annual account charges.
- Accounts in default will be subject to disconnection. Disconnection may entail any of the following steps:
denial of access to Netpath, Inc.’s services (dialup or otherwise), removal of web sites, disconnection of
permanently connected circuits, rejection of Email, removal of domains from Netpath’s DNS servers, physical
disconnection of on-site equipment, or any other steps which can be construed as disconnection for unpaid services.
Under no condition shall Netpath, Inc. be held liable for any damages, loss of business profits, or loss
of effectiveness due to a disconnection of service due to defaulted accounts.
- Accounts in default are subject to current reconnection fees ($20.00 as of the posting of these Terms and
Conditions). If you default, you agree to reimburse Netpath, Inc. for any reasonable fees incurred to
collect the debt, including the absorption of any deposit on file. Accounts in default may also become liable
to execute a deposit to Netpath, Inc. to permit reconnection of their service. Said deposit will be
governed by the rules otherwise stipulated within this document. Management reserves the right to refuse to
accept any billing option other than a credit-card or even to refuse to reinstate accounts that repeatedly have
demonstrated a pattern of defaulted payments and/or collection actions.
- You may cancel your service in writing at any time with no penalty. You will be invoiced
through the end of the calendar month in which the notice is received.
- Service will be invoiced in a time frame consistent with classification of your account. Netpath, Inc.
reserves the right to change the rates by notifying you 30 days in advance of the effective date of the change.
Such notification will normally occur electronically through broadcast Email and on Netpath’s website.
- Netpath, Inc. does not guarantee local dialup access. A customer accepts full responsibility for determining
whether a call is local to them. Long distance charges are the responsibility of the customer since determination
of the locality of any point-of-presence telephone number for Netpath is incumbent upon the customer.
- Netpath, Inc. may do unsolicited Email (“spam”) removal and virus scanning on Email and attachments.
Netpath, Inc. does not in any way represent that such virus scanning can and will catch all possible sources
of attack. It is incumbent upon the customer to use an up-to-date virus scanner on Email and to take all adequate
precautions to prevent virus and Trojan attacks on their system.
- Netpath, Inc. reserves the right to modify these Terms and Conditions at any time. The currently
active Terms and Conditions can be requested in person at our offices, or can be read online on Netpath’s
website. These Terms and Conditions replace all previous representations, understanding or agreements
and shall prevail notwithstanding any variance with terms and conditions of any order submitted. These
Terms and Conditions may be amended at any time and the current version will be posted on Netpath’s
website (www.netpath.net).
- Use of Netpath, Inc.'s services will constitute acceptance of the currently effective Terms and Conditions.
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