Terms and Conditions for Using Netmar Systems
1. This agreement, is made by and between Netmar, Inc., dba #1 Dedicated
Servers, d/b/a Netmar World Wide Web Services, hereinafter referred to
as Netmar, and You, the entity applying for a service of any
kind, hereinafter referred to as service,
from Netmar, hereinafter referred to as Customer.
2. Netmar, reserves the right to refuse any service to any
organization for individual for any reason. Customer agrees that Netmar
may not be held liable for any decision to so refuse or provide service.
3. Netmar makes no warranties, either expressed or implied, including
but without being limited to any warranties of merchantibility or fitness
for any particular purpose.
4. Netmar takes no responsibility for materials posted in Customer's
account, even if such materials are setup and/or maintained by Netmar.
This includes, without being limited to responsibility and liability
for accuracy of information, libel, slander, defamation, and copyright
infringement whether or not the publishing and/or
posting of such materials over the Internet constitues a violation of any
local, state, federal, or national law. All such responsibilities and
liabilities fall upon Customer.
5. Customer agrees that Netmar may not be held liable for indirect,
special, or consequential damages or lost profits or revenues arising out of
this agreement, the performance or breach thereof, the service Netmar
provides to Customer, the failure of Netmar to provide such service, or
Customer's use of the service.
6. Customer agrees to indemnify and hold harmless, Netmar from any claim,
damage, expense, cost, or loss arising out of this agreement, the
performance or breach thereof, the service Netmar provides to Customer, the
failure of Netmar to provide such service, or Customer's use of the service
including, but not limited to claims for direct, indirect,
special, consequential, or punitive damages, or lost profits or revenues
over copyright infringement, dafamation, libel, or denial of service.
7. Customer agrees that Netmar may cease provision of service at any time
and for any reason without liability to Customer. If this cessation of
service is due to non-payment of billed charges, Customer agrees that Netmar
may hold Customer data until charges are paid, with the exception that data
may be completely erased if held for more than 30 days in a closed account.
8. Netmar makes no service level warranty or guarantee. Customer agrees
that Netmar may not be held liable for damages in the event of
unavailability of Customer data over the Internet.
9. Customer agrees that Netmar may not be held liable for failure to
provide service to Customer for any reason. In the event that this
restriction is prohibited by local, state, or national law or court action,
Customer agrees that in no event shall Netmar's liability to Customer
exceed the total amount Customer paid to Netmar.
10. Netmar expressly forbids anyone from using Netmar systems for the
propogation, distribution, housing, processing, storing, or otherwise
handling in any way lewd, obscene, or pornographic material, or any other
material which we deem to be objectionable, including, but not limited to,
pornography, satanic materials, any and all materials of an adult nature,
defamatory materials, slanderous or libelous materials, and any copyrighted
materials for which specific reprint permission has not been obtained
directly from the copyright holder(s). The designation of any materials
as such described above is left entirely to the discretion of the Netmar
management. In the event that Netmar terminates service to Customer for
violation of this clause, any deposits, prepayments, or other monies
of Customer held by Netmar and any rights, privileges, or other consideration
granted Customer under any guarantees, warranties, either express or implied,
are forfeited by Customer. This shall not be deemed to construe that
Netmar makes any warranty of any kind.
11. Netmar Unix shell accounts are for use in maintenance
of World Wide Web pages and associated data stored on Netmar systems.
All users are expected to use network resources in a conscientious and
reasonable manner, as determined by Netmar system administrators.
Intentional misuse of network and/or system resources, or use for activities
not related to, or in support of locally stored World Wide Web pages is not
allowed.
12. Users of Netmar systems may not, at any time, transmit from or through
Netmar systems, email advertisements to any company or individual who has not
previously requested information, either by an online WWW Guestbook,
email, or some other form of previous contact.
13. Users of Netmar systems may not engage in intentionally abusive or
illegal activity from, on, or through Netmar systems. Additionally, certain
types of software which are deemed to use excessive system resources may not
be installed in user accounts. Only the publically installed versions
of these types of programs, if any, may be used. Such software includes, but
is not limited to Web chat software, and mailing list software.
14. Use of Netmar systems constitutes consent to monitoring.
Netmar is not obligated to announce such monitoring. Netmar will not
disclose information obtained by monitoring to any third parties unless
required by law or requested by a law enforcement agency.
15. Fees for hourly work are billed NET 20, and due 20 days from billing date.
16. Netmar accepts payment in the form of company and personal checks,
money orders, certified cashiers' and bank checks, international
monetary drafts drawn on U.S. funds, MasterCard, Visa, American Express,
Discover, and Diners' Club. Cash payments may be made in person
only. DO NOT SEND CASH THROUGH THE MAIL.
17. All Netmar invoices are due NET 20 days from date of invoice unless
explicitly stated otherwise on the invoice.
18. Past due accounts with balances in excess of $10 will be assessed a late
charge of $10 immediately after the due date, plus 1.5% per 30 days
beginning 30 days after the due date. Customer agrees to pay such late
fees.
19. Customer accounts will remain in effect from the date of setup through
the date of closure requested in writing. All account closures must be
requested in writing. No accounts will be closed without specific written
request. Customer agrees to pay for all services rendered, including,
without being limited to, monthly service ordered from the time of setup
through the date of account closure as requested in writing, but not
sooner than the date the request is received by Netmar.
20. Grace Period- International customers have a 15-day
grace period to allow for the extra mailing time of international mail
PROVIDED PAYMENT IS MAILED ON OR BEFORE THE DUE DATE. There is NO GRACE
PERIOD FOR U.S. DOMESTIC accounts. U.S. domestic account payments not
RECEIVED on or before the due date are considered late, regardless of
check or postmark dates.
21. Customers opting to have invoices automatically billed to their credit
cards will receive a $2.00/month credit for each invoice successfully
charged.
22. Customers who pay their initial setup charges by credit card ARE NOT
AUTOMATICALLY PLACED ON AUTO-BILLING. The Credit Card Authorization Form
MUST BE SIGNED AND RETURNED before recurring charges can be billed to a
credit card.
23. Any accounts 90 or more days past due may be submitted to a national
collection agency for collection action.
fee. Customer accepts
liability for any costs incurred by Netmar in the collection of any amounts
owed by Customer to Netmar, including, without being limited to collection
agency fees, reasonable attorney's fees, court costs, legal fees, postage
and courier fees, long distance telephone charges, and employee labor costs.
24. Customer agrees that accounts 15 or more days past due may be suspended
at any time. Data in such accounts may be withheld by Netmar pending
payment of all outstanding charges on the suspended account and others held
by the same Customer. In the event that an account becomes 90 or more days
past due, Customer agrees that Netmar may take possession of any or all of
Customer's data stored on Netmar systems.
25. Customer agrees that in no event shall Netmar's liability to Customer
exceed the total amount Customer paid to Netmar.
26. This Agreement is the sole agreement between the parties relating to the
subject matter hereof and supersedes all prior understandings, writings,
proposals, representations or communications, oral or written, of either
party. This Agreement may be amended only by Netmar upon modification
to this document posted on Netmar's World Wide Web site at
http://netmar.com/about/legal/.
27. This Agreement shall be interpreted in its entirety in accordance with
the substantive laws of the State of North Carolina.
28. Customer agrees that any court action brought under this agreement shall
be brought in the jurisdiction of the State of North Carolina, in the
county of Durham.
29. The term of this agreement shall be the period of time during which
Customer has an open account with Netmar.
30. In the event of any termination or cancellation of this agreement, terms
which are intended to continue and survive shall so continue and survive.