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As a NEX Connect subscriber, you (hereafter collectively
referred to as "you") must agree to the terms and conditions of
this Service Agreement ("Agreement"). If you choose not agree to
all or any of the following terms and conditions after reading this
agreement in full, you will need to cancel your account.
- This is an agreement between you and NEX Connect. Your Internet service is between you and/or your designated representative. You agree that your username and password and changes to both of these items are your responsibility.
- The NEX Connect modems are engineered for 56k flex connectivity. However, NEX Connect can not guarantee a 56k connection due to telephone company facilities that are unable to support connection speeds.
- NEX Connect shall not, in any way, be held responsible for any claims or damages caused by any of its customers. You agree to use all of the services provided by NEX Connect at your own risk. NEX Connect specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall NEX Connect be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify NEX Connect against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of NEX Connect. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by NEX Connect, its employees, by its own negligence, or your errors or omissions.
- NEX Connect shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, NEX Connect shall in no event be liable for any long distance charges billed to the customer.
- The registration of a domain name confers no legal right to that name, as per InterNIC regulations. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.
- NEX Connect always reserves the right to change its rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supercede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted. In the event that you wish to terminate your account due to the price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax NEXConnect.com a written request to terminate services. Otherwise, the existing service will be billed at the new rate.
- We reserve the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. The actions we take may include account suspension or termination. We do not issue any credits for accounts cancelled due to policy violations. We reserve the right to refuse service to anyone at anytime for any reason.
- NEX Connect reserves the right to change its services without notice including, but not limited, to access procedures, hours of operation, menu structures, commands, documentation, and services offered.
- You understand that your NEX Connect service may be interrupted for several reasons. This is including, but not limited to malfunctions, maintenance, improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. NEX Connect shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause which similarly impedes the providing of service.
- You agree that this service is governed by the Laws of the State in which NEXConnect.com resides. You agree that the County of in which NEX Connect is located shall be the forum for any legal action relating to our services.
- Any Internet activity which references back to NEX Connect or its services in a damaging manner will result in suspension or termination of account(s). Illegal Internet activity using or referencing to NEX Connect or a NEXConnect.com account will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
- Use of NEX Connect and the access of your Internet account by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full. This agreement is effective when you first use NEX Connect and continues until service terminated by either party. If this agreement is terminated by either party, you are still responsible for any charges on your account.
- There is not a discount for NEX Connect to forward your mail or web site, if you choose to terminate your account with NEX Connect. It is recommended that you continue your account with NEX Connect for an additional month for forwarding purposes. If you need your site forwarded longer, you will need to continue your account with NEX Connect for the appropriate amount of time.
- NEX Connect bills for most services in advance. Purchasers of NEX Connect services agree to be bound by the Uniform Consumer Credit Code of the State in which NEXConnect.com resides. A service charge of 1 1/2% per month will be charged on all past due amounts. If account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
- Billing statements will be sent via E-mail. If you wish to have your billing statement sent to you via U.S. mail, you will be levied a $2.50 fee for each bill sent to you.
- All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by NEX Connect, your account with NEX Connect will be disabled and you will be charged a $40.00 service fee.
- NEX Connect subscribers, who have purchased a personal dial-up account, are not permitted to use their Internet connection to sell or advertise goods or services. This is only permitted to those who have purchased a business account or a virtual server.
- NEX Connect usernames are limited to one dial-in a time. Multiple dial-ins using the same username are not permitted. These rules apply to dial-up accounts only. They do not apply to email or any other aspect of your account. Abuse and violation of the rules will result in one warning, then termination without refund if the problem persists.
- NEX Connect subscribers, who have not purchased dedicated services, are not permitted to use their dial-up account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not defined as dedicated accounts. NEX Connect reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time. Currently, users are disconnected after 20 minutes of inactivity or at 6 hours of continual use. These parameters can be changed at any time at NEX Connect’s discretion. The purchase of a dedicated line is available to any NEX Connect customer.
- The use of your NEX Connect account to send out any bulk and/or unsolicited e-mail, commercial or otherwise is strictly prohibited. Bulk e-mail is defined as identical or similar e-mail messages sent to 25 or more recipients. Any violation of this policy will result in the immediate termination of your NEX Connect account.
- The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. NEX Connect reserves the right to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by NEX Connect. A violation of this policy will result in the immediate termination of your NEX Connect account.
- Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
- You shall be held liable for any and all costs incurred by NEX Connect as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. NEX Connect’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.
- If you wish to cancel any of your NEX Connect services, you
must submit a request to
customerservice@nexconnect.com Cancellation requests must be
submitted by a valid contact for your account.
Cancellations are effective at
the end of the calendar month that your request for cancellation is received.
Clients are responsible for any excess network traffic, disk space or other
regular service charges incurred prior to the effective termination date.
Cancellation of a hosting service during the first three billable months2
are subject to a cancellation fee of $50.00 or one month's hosting fee
(whichever is greater).
Refunds:
If your account is prepaid quarterly or annually and you cancel before
completion of your billing period, then the amount of your refund will be
calculated by multiplying the number of service months provided times the normal
monthly rate for the service, plus any outstanding service charges, and
deducting the resulting amount from the amount you have already paid.
Payments made by Credit Card will be refunded by crediting the credit card
account. Payments made by check, cash, money order or international bank
transfer will be refunded by check.
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This cancellation policy applies
to standard services only. Some services are offered only under contract. In
these cases, the policies described on this page do not apply and you should
refer to your contract terms for cancellation information. |
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Trial periods are excluded and
may be cancelled at any time during the trial period without penalty. For
the purpose of this policy, your first billable month is defined as the
first day of the calendar month following the date your paid subscription
begins. If your subscription included a trial period, then your first
billable month begins on the first day of the calendar month following
completion of your trial period. This definition applies, even if some
portion of the previous month included one or more billable days. |
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