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net10 Internet Services Inc. Acceptable Use Policy
(AUP) and Terms Of Service (TOS) Agreement
Acceptable Use Policy
This AUP governs the
use of net10 Internet Services Inc.'s hosting services.
Violation of this AUP may result in suspension or termination of
your service. In the event of a dispute between you and net10
Internet Services Inc. regarding the interpretation of this AUP,
net10 Internet Services Inc.'s interpretation, in its reasonable
commercial judgment, shall govern. If you have any questions
regarding this AUP, contact
support@net10.net.
Offensive Content
You may NOT publish or
transmit via net10 Internet Services Inc.'s service any content
that net10 Internet Services Inc. reasonably believes:
- Constitutes child pornography
- Constitutes pornography
- Is excessively violent, incites violence, threatens
violence, or contains harassing content or hate speech
- Is unfair or deceptive under the consumer protection
laws of any jurisdiction, including chain letters and
pyramid schemes
- Is defamatory or violates a person's privacy
- Creates a risk to a person's safety or health, creates a
risk to public safety or health, compromises national
security, or interferes with a investigation by law
enforcement
- Improperly exposes trade secrets or other confidential
or proprietary information of another person
- Is intended to assist others in defeating technical
copyright protections
- Clearly infringes on another person's trade or service
mark, patent, or other property right
- Promotes illegal drugs, violates export control laws,
relates to gambling, or arms trafficking
- Is a peer 2 peer file sharing application such as Kazaa,
Edonkey, WinMX or any other p2p file sharing application
that demands high bandwidth and cpu resources. Use of these
services negatively affects everyone on the main hardware
node and will not be permitted.
- Is otherwise illegal or solicits conduct that is illegal
under laws applicable to you or to net10 Internet Services
Inc.; or
- Is otherwise malicious, fraudulent, or may result in
retaliation against net10 Internet Services Inc. by offended
viewers
Content "published or transmitted" via net10 Internet
Services Inc.'s service includes Web content, e-mail, bulletin
board postings, chat, and any other type of posting or
transmission that relies on any Internet service provided by
net10 Internet Services Inc..
Security
You must take reasonable security precautions. You must protect
the confidentiality of your password, and you should change your
password periodically.
Bulk Commercial E-Mail
You must obtain net10 Internet Services Inc.'s advance approval
for any bulk commercial e-mail, which will not be given unless
you are able to demonstrate all of the following to net10
Internet Services Inc.'s reasonable satisfaction:
- Your intended recipients have given their consent to
receive e-mail via some affirmative means, such as an opt-in
procedure.
- Your procedures for soliciting consent include
reasonable means to ensure that the person giving consent is
the owner of the e-mail address for which the consent is
given.
- You retain evidence of the recipient's consent in a form
that may be promptly produced on request, and you honor
recipient's and net10 Internet Services Inc.'s requests to
produce consent evidence within 72 hours of receipt of the
request.
- The body of the e-mail must describe how the e-mail
address was obtained, for example, "You opted in to receive
this e-mail promotion from our Web site or from one of our
partner sites," and information on how to request evidence
of the consent, for example, "If you would like to learn
more about how we received your e-mail address please
contact us at abuse@**yourdomain.com** .
- You have procedures in place that allow a recipient to
easily revoke their consent - such as a link in the body of
the e-mail, or instructions to reply with the word "Remove"
in the subject line. Revocations of consent are honored
within 72 hours, and you notify recipients that their
revocation of their consent will be honored in 72 hours.
- You must post an abuse@**yourdomain.com** e-mail address
on the first page of any Web site associated with the
e-mail, you must register that address at abuse.net, and you
must promptly respond to messages sent to that address. You
must post an abuse@**yourdomain.com** e-mail address on the
first page of any Web site associated with the e-mail, you
must register that address at abuse.net, and you must
promptly respond to messages sent to that address.
- You must have a Privacy Policy posted for each domain
associated with the mailing.
- You have the means to track anonymous complaints.
- You may not obscure the source of your e-mail in any
manner. Your e-mail must include the recipients e-mail
address in the body of the message or in the "TO" line of
the e-mail; and
- You otherwise comply with the CAN SPAM Act and other
applicable law.
These policies apply to messages sent using your net10
Internet Services Inc.'s service, or to messages sent from any
network by you or any person on your behalf that directly or
indirectly refer the recipient to a site hosted via your net10
Internet Services Inc.'s service. In addition, you may not use a
third party e-mail service that does not practice similar
procedures for all its customers.
net10 Internet Services
Inc. may test and otherwise monitor your compliance with its
requirements, including requesting opt-in information from a
random sample of your list at any time.
Unsolicited E-Mail
You may not send any unsolicited
e-mail, either in bulk or individually, to any person who has
indicated that they do not wish to receive it. You must comply
with the rules of any other network you access or participate in
using your net10 Internet Services Inc.'s services.
Material Protected by Copyright
You may not
publish, distribute, or otherwise copy in any manner any music,
software, art, or other work protected by copyright law unless:
- You have been expressly authorized by the owner of the
copyright for the work to copy the work in that manner.
- You are otherwise permitted by established United States
copyright law to copy the work in that manner
- net10 Internet Services Inc. will terminate the service
of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium
Copyright Act)
If you believe your copyright is
being infringed by a person using the net10 Internet Services
Inc.'s network, please send your written notice of copyright
infringement to abuse@net10.net
Your notice must include the following:
- A physical or electronic
signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted words at a single site are
covered by a single notification, a representative list of such
works at that site.
- Identification of the material that is
claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit net10
Internet Services Inc. to locate the material.
- Information
reasonably sufficient to permit net10 Internet Services Inc. to
contact you, such as an address, telephone number, and, if
available, an e-mail address.
- A statement that you have a
good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, the
copyright owner's agent, or the law.
- A statement that the
information in the notification is accurate, and under penalty
of perjury that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
- Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures (including those belonging to net10 Internet Services
Inc. and its customers) without express authorization of the
owner of the system or network.
- Monitoring data or traffic on
any network or system without the authorization of the owner of
the system or network.
- Interference with service to any user,
host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast
attacks.
- Use of an Internet account or computer without the
owner's authorization, including, but not limited to Internet
scanning (tricking other people into releasing their passwords),
password robbery, security hole scanning, and port scanning.
- Forging of any TCP-IP packet header or any part of the header
information in an e-mail or a newsgroup posting or
- Any
conduct that is likely to result in retaliation against the
net10 Internet Services Inc.'s network.
- Use of net10 Internet
Services Inc.'s network in a way that unreasonably interferes
with net10 Internet Services Inc.'s other customers use of the
network.
- Attack, make threats or act in an inappropriate
manner towards net10 Internet Services Inc. staff.
Newsgroup, Chat Forums, Other Network
You must comply with
the rules and conventions for postings to any bulletin board,
chat group or other forum in which you participate, such as IRC
and USENET groups including their rules for content and
commercial postings. These groups usually prohibit the posting
of off-topic commercial messages, or mass postings to multiple
forums.
Terms Of Service
This Hosting Agreement (this
"Agreement") is between net10 Internet Services Inc. and the
person (individual or legal person) whose signs net10 Internet
Services Inc.'s service order and set up form (the "Order")
incorporating this Agreement by reference ("Customer"). This
Agreement governs Customer's use of net10 Internet Services
Inc.'s hosting service.
1. Summary
The following is a
list of terms that you agree to when signing up. For details
information please read the appropriate section.
- All
cancellations must be made at least 10 days before the next
service renewal period via E-Mail, phone, or the contact us form
at
net10 Internet Services Inc.'s web site.
- We do not allow
illegal content.
- We do not tolerate abuse to staff
- Failure
to pay your bill on time will result in suspension of your
account after 15 days.
- Reconnection after suspension is $35.
- All debts will be passed onto our appointed collection agents
- Network & Power Uptime SLA is 99.9%
2. Services
Subject to
the terms of this Agreement, and contingent on Customer's
satisfaction of net10 Internet Services Inc.'s credit approval
requirements, net10 Internet Services Inc. agrees to provide the
hosting services described in the Order for the fees stated in
the Order.
3. Term
The initial service term of the
Agreement shall begin on the date that net10 Internet Services
Inc. generates an e-mail message to Customer announcing the
activation of the Customer's account and shall continue for the
number of months stated in the Order. Upon expiration of the
Initial Term, this Agreement shall automatically renew the same
length as the Initial Term unless net10 Internet Services Inc.
or Customer provides the other with written notice of
non-renewal at least ten (10) days prior to the expiration of
the Initial Term or then-current Renewal Term, as applicable.
The Initial Term and any Renewal Term may be referred to
collectively in this Agreement as the "Term."
a) Fees
Fees are payable in advance on the first day of each billing
cycle. Customer's billing cycle shall be monthly, quarterly,
semi-annually or annually as indicated on the Order, beginning
on the Service Commencement Date. net10 Internet Services Inc.
may require payment for the first billing cycle before beginning
service. If the Order provides for credit/debit card billing,
Customer authorizes net10 Internet Services Inc. to bill
subsequent fees to the credit/debit card on or after the first
day of each successive billing cycle during the Term of this
Agreement; otherwise net10 Internet Services Inc. will invoice
Customer via electronic mail to the Primary Customer Contact
listed on the Order. Invoiced fees may be issued on or before
the 1st day of each billing cycle, and the fees shall be due on
the 15th day following invoice date ( invoice due date ), but in
no event earlier than the first day of each billing cycle.
Payments must be made in United States dollars. Customer is
responsible for providing net10 Internet Services Inc. with
changes to billing information (such as credit card expiration,
change in billing address) At its option, net10 Internet
Services Inc. may accrue charges to be made to a credit/debit
card until such charges exceed $10.00. net10 Internet Services
Inc. may charge interest on overdue amounts at the lesser of 2%
per month or the maximum non-usurious rate under applicable law.
net10 Internet Services Inc. may suspend the service without
notice if payment for the service is overdue. Reconnection after
suspension is $35. Fees not disputed within sixty (60) days of
due date are conclusively deemed accurate. Customer agrees to
pay net10 Internet Services Inc.'s reasonable reinstatement fee
following a suspension of service for non-payment, and to pay
net10 Internet Services Inc.'s reasonable costs of collection of
overdue amounts, including collection agency fees, attorney fees
and court costs.
Bandwidth is counted as the combined
total of in and out and is measured from your billing date to
billing date. Overage above your quota is charged at $1/Gb and
is payable at your billing date.
b) Fee Increases
net10 Internet Services Inc. may increase its fees for services
effective the first day of a Renewal Term by giving notice to
Customer of the new fees at least thirty (30) days prior to the
beginning of the Renewal Term, and if Customer does not give a
notice of non-renewal as provided in Section 2 above, the
Customer shall be deemed to have accepted the new fee for that
Renewal Term and any subsequent Renewal Terms (unless the fees
are increased in the same manner for a subsequent Renewal Term).
c) Taxes
At net10 Internet Services Inc.'s request
Customer shall remit to net10 Internet Services Inc. all sales,
VAT or similar tax imposed on the provision of the services (but
not in the nature of an income tax on net10 Internet Services
Inc.), regardless of whether net10 Internet Services Inc. fails
to collect the tax at the time the related services are
provided.
d) Early Termination
Customer acknowledges
that the amount of the fee for the service is based on
Customer's agreement to pay the fee for the entire Initial Term,
or Renewal Term, as applicable. In the event net10 Internet
Services Inc. terminates the Agreement for Customer's breach of
the Agreement in accordance with Section 9 (Termination), or
Customer terminates the service other than in accordance with
Section 9 (Termination) for net10 Internet Services Inc.'s
breach, the unpaid fees for each billing cycle remaining in the
Initial Term or then-current Renewal Term, as applicable, are
due on the business day following termination of the Agreement.
Customer also acknowledges that a minimum of 10 days
cancellation notice prior to the following renewal term must be
given in writing to net10 Internet Services Inc. or the Customer
will be responsible for full payment of the following term.
Cancellation will only be accepted upon customer completing the
net10 Internet Services Inc.'s Service Cancellation form at the
Client Area of net10 Internet Services Inc.'s web site.
4. Law/AUP
Customer agrees to use the service in compliance
with applicable law and net10 Internet Services Inc.'s
Acceptable Use Policy in this Agreement. Customer agrees that
net10 Internet Services Inc. may, in its reasonable commercial
judgment consistent with industry standards, amend the AUP from
time to time to further detail or describe reasonable
restrictions and conditions on Customer's use of the Services.
Amendments to the AUP are effective on the earlier of net10
Internet Services Inc.'s notice to Customer that an amendment
has been made, or the first day of any Renewal Term that begins
subsequent to the amendment. Customer agrees to cooperate with
net10 Internet Services Inc.'s reasonable investigation of any
suspected violation of the AUP. In the event of a dispute
between net10 Internet Services Inc. and Customer regarding the
interpretation of the AUP, net10 Internet Services Inc.'s
commercially reasonable interpretation of the AUP shall govern.
5. Customer Information
Customer represents and warrants
to net10 Internet Services Inc. that the information he, she or
it has provided and will provide to net10 Internet Services Inc.
for purposes of establishing and maintaining the service is
accurate. If Customer is an individual, Customer represents and
warrants to net10 Internet Services Inc. that he or she is at
least 18 years of age. net10 Internet Services Inc. may rely on
the instructions of the person listed as the Primary Customer
Contact on the Order with regard to Customer's account until
Customer has provided a written notice changing the Primary
Customer Contract.
6. Indemnification
Customer agrees
to indemnify and hold harmless net10 Internet Services Inc.,
net10 Internet Services Inc.'s affiliates, and each of their
respective officers, directors, agents, and employees from and
against any and all claims, demands, liabilities, obligations,
losses, damages, penalties, fines, punitive damages, amounts in
interest, expenses and disbursements of any kind and nature
whatsoever (including reasonable attorneys fees) brought by a
third party under any theory of legal liability arising out of
or related to the actual or alleged use of Customer's services
in violation of applicable law or the AUP by Customer or any
person using Customer's log on information, regardless of
whether such person has been authorized to use the services by
Customer.
7. Disclaimer of Warranties
net10 Internet
Services Inc. DOES NOT WARRANT OR REPRESENT THAT THE SERVICES
WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE
EXTENT PERMITTED BY APPLICABLE LAW net10 Internet Services Inc.
DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
8.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE
OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY
KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF
REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT,
EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE
POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE
IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE
LIABILITY OF net10 Internet Services Inc. AND ANY OF ITS
EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW
(INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND
INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE
AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
9. Suspension/Termination
a) Suspension of Service
Customer agrees that net10 Internet Services Inc. may suspend
services to Customer without notice and without liability if: (i)
net10 Internet Services Inc. reasonably believes that the
services are being used in violation of the AUP, (ii) Customer
fails to cooperate with any reasonable investigation of any
suspected violation of the AUP, (iii) net10 Internet Services
Inc. reasonably believes that the suspension of service is
necessary to protect its network or its other customers, (iv) as
requested by a law enforcement or regulatory agency, (v)
Customer is overdue on the payment of any amount due under the
Agreement or Customer refuses to pay for services under the
Agreement Term or (v) the customer is abusive towards net10
Internet Services Inc. or any member of its staff. Customer
shall pay net10 Internet Services Inc.'s reasonable
reinstatement fee if service is reinstituted following a
suspension of service under this subsection.
b)
Termination
The Agreement may be terminated by Customer prior
to the expiration of the Initial Term or any Renewal Term
without further notice and without liability if net10 Internet
Services Inc. fails in a material way to provide the service in
accordance with the terms of the Agreement and does not cure the
failure within ten (10) days of Customer's written notice
describing the failure in reasonable detail. The Agreement may
be terminated by net10 Internet Services Inc. prior to the
expiration of the Initial Term or any Renewal Term without
further notice and without liability as follows: (i) upon ten
(10) days notice if Customer is overdue on the payment of any
amount due under the Agreement; (ii) Customer materially
violates any other provision of the Agreement, including the
AUP, and fails to cure the violation within thirty (30) days of
a written notice from net10 Internet Services Inc. describing
the violation in reasonable detail; (iii) upon one (1) days
notice if Customer's Service is used in violation of a material
term of the AUP more than once, or (iv) upon one (1) days notice
if Customer violates Section 5 (Customer Information) of this
Agreement. Either party may terminate this agreement upon ten
(10) days advance notice if the other party admits insolvency,
makes an assignment for the benefit of its creditors, files for
bankruptcy or similar protection, is unable to pay debts as they
become due, has a trustee or receiver appointed over all or a
substantial portion of its assets, or enters into an agreement
for the extension or readjustment of all or substantially all of
its obligations.
c) Money Back Policy
net10 Internet
Services Inc. has a 7 Days Conditional Money Back Policy. If
Customer is not satisfied with his/her service within 7 days of
purchasing that service, he/she may cancel and will be issued a
full refund less any applicable license/control panel fees. The
exceptions to this are the following:
1. Customer account
is cancelled due to a violation of our TOS/AUP.
2. A refund
is requested due to limitations of Customer's technical
knowledge that keep him/her from properly operating a VPS or
other product or service offered by net10 Internet Services Inc.
and purchased by Customer.
3. A refund is requested due to
infrequent or non-use of Customer's service.
4. A refund is
requested due to a technical issue that has not been brought to
the attention of net10 Internet Services Inc. via one of our
approved support channels.
5. Customer installs or operates
software that causes instability in the VPS environment and is
not supported by net10 Internet Services Inc..
6. Customer
has previously been a customer of net10 Internet Services Inc.
and requested and received a refund under this policy for prior
service held with net10 Internet Services Inc..
7. Customer
has previously held an account with net10 Internet Services Inc.
and maintained an active service for more than 7 days with net10
Internet Services Inc..
10. Requests for Customer
Information
Customer agrees that net10 Internet Services Inc.
may, without notice to Customer, (i) report to the appropriate
authorities any conduct by Customer or any of Customer's
customers or end users that net10 Internet Services Inc.
believes violates applicable law, and (ii) provide any
information that it has about Customer or any of its customers
or end users in response to a formal or informal request from a
law enforcement or regulatory agency or in response to a formal
request in a civil action that on its face meets the
requirements for such a request.
11. Back Up Copy
Customer agrees to maintain a current copy of all content hosted
by net10 Internet Services Inc. notwithstanding any agreement
by net10 Internet Services Inc. to provide back up services.
Changes to net10 Internet Services Inc.'s Network Upgrades
and other changes in net10 Internet Services Inc.'s network,
including, but not limited to changes in its software, hardware,
and service providers, may affect the display or operation of
Customer's hosted content and/or applications. net10 Internet
Services Inc. reserves the right to change its network in its
commercially reasonable discretion, and net10 Internet Services
Inc. shall not be liable for any resulting harm to Customer.
12. Notices
Notices to net10 Internet Services Inc. under
the Agreement shall be given via support tickets in Client Area,
and to Customer shall be given via electronic mail to the
individual listed as the Primary Customer Contact on the Order.
Notices are deemed received on the day transmitted, or if that
day is not a business day, on the first business day following
the day delivered. Customer may change his, her or its email
address by updating My Details at Client Area.
13. Force
Majeure
net10 Internet Services Inc. shall not be in default
of any obligation under the Agreement if the failure to perform
the obligation is due to any event beyond net10 Internet
Services Inc.'s control, including, without limitation,
significant failure of a portion of the power grid, significant
failure of the Internet, natural disaster, war, riot,
insurrection, epidemic, strikes or other organized labor action,
terrorist activity, or other events of a magnitude or type for
which precautions are not generally taken in the industry.
14. Governing Law/Disputes
The Agreement shall be
governed by the laws of the State of Maryland, exclusive of its
choice of law principles, and the laws of the United States of
America, as applicable. The Agreement shall not be governed by
the United Nations Convention on the International Sale of
Goods.
15. Intellectual Property
Each party
acknowledges and agrees that the other party retains exclusive
ownership and rights in its name, trademarks, service marks,
trade secrets, inventions, copyrights, materials, data and other
intellectual property. Neither party may use or allow access to
any unauthorized personnel, the other party's name, trade mark,
service marks, trade secrets, inventions, copyrights, materials,
data or other intellectual property without the other party's
prior written consent. net10 Internet Services Inc. shall make
no claim of ownership of data transferred to Customer's server
space as provided by net10 Internet Services Inc. unless the
data is believed to be the owned by net10 Internet Services
Inc., its vendors, employees, other customers or agents.
16. Miscellaneous
The parties intend for their relationship
to be that of independent contractors and not a partnership,
joint venture, or employer/employee. Neither party will
represent itself to be agent of the other. Each party
acknowledges that it has no power or authority to bind the other
on any agreement and that it will not represent to any person
that it has such power or authority. This Agreement may be
amended only by a formal written agreement signed by both
parties. The terms on Customer's purchase order or other
business forms are not binding on net10 Internet Services Inc.
unless they are expressly incorporated into a formal written
agreement signed by both parties. A party's failure or delay in
enforcing any provision of the Agreement will not be deemed a
waiver of that party's rights with respect to that provision or
any other provision of the Agreement. A party's waiver of any of
its right under the Agreement is not a waiver of any of its
other rights with respect to a prior, contemporaneous or future
occurrence, whether similar in nature or not. The captions in
the Agreement are not part of the Agreement, but are for the
convenience of the parties. The following provisions will
survive expiration or termination of the Agreement: Fees,
indemnity obligations, provisions limiting liability and
disclaiming warranties, provisions regarding ownership of
intellectual property, these miscellaneous provisions, and other
provisions that by their nature are intended to survive
termination of the Agreement. There are no third party
beneficiaries to the Agreement. Neither insurers nor the
customers of resellers are third party beneficiaries to the
Agreement. Customer may not transfer the Agreement without net10
Internet Services Inc.'s prior written consent. net10 Internet
Services Inc.'s approval for assignment is contingent on the
assignee meeting net10 Internet Services Inc.'s credit approval
criteria. net10 Internet Services Inc. may assign the Agreement
in whole or in part.
This Agreement together with the
Order and AUP constitutes the complete and exclusive agreement
between the parties regarding its subject matter and supersedes
and replace any prior understanding or communication, written or
oral.
Contact
For additional information call: (707) 575-3341 or (800) 338-6192
net10
1431 Fulton Road, Santa Rosa, CA 95403 |
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