Terms and Conditions for Using Netmar Systems
1. This agreement, is made by and between Netmar, LLC, dba Netmar 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 constitutes 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, defamation, 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 propagation, 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 by some 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 publicly 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, Master Card, 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 $100 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- Customers have a 15-day grace period upon notification of PROVIDED PAYMENT IS MAILED ON OR BEFORE THE DUE DATE.
21. 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.
22. 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.
23. Customer agrees that in no event shall Netmar's liability to Customer exceed the total amount Customer paid to Netmar.
24. 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/aboutus/legal/terms.html.
25. This Agreement shall be interpreted in its entirety in accordance with the substantive laws of the State of North Carolina.
26. 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.
27. The term of this agreement shall be the period of time during which Customer has an open account with Netmar.
28. In the event of any termination or cancellation of this agreement, terms which are intended to continue and survive shall so continue and survive.