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Northcoast Internet, Inc. Terms of Service
- Northcoast Internet, Inc. is an Internet Access Provider
(ISP). Access is provided to Account Holder(s) subject to the following
Terms of Service (Agreement).
- By opening an account using Northcoast Internet, Inc.
software and/or the Northcoast Internet, Inc. service, Account Holder
agrees to be legally bound and abide by the terms of this Agreement.
If Account Holder does not wish to be bound by this Agreement, Account
Holder may not access the Internet through Northcoast Internet Inc.,
may not use the Northcoast Internet, Inc. software, and Account Holder
must immediately terminate the access account
- Northcoast Internet, Inc. reserves the right to amend
this Agreement at any time. Prior to any amendment, Northcoast Internet,
Inc., will first publish the amendment on Northcoast Internet, Inc.'s
web page. If Account Holder does not wish to be bound by the Agreement
as amended, Account Holder has the right to terminate the access account
pursuant to paragraph 19. IF ACCOUNT HOLDER
CONTINUES TO USE THE NORTHCOAST INTERNET, INC. ACCESS ACCOUNT AFTER
THE DATE THE AMENDMENT FIRST BECOMES EFFECTIVE, ACCOUNT HOLDER WILL
BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE AMENDMENT. Upon
thirty (30) days prior notice, Northcoast Internet, Inc. may change
the fees charged to its access Account Holders for the services so
provided.
- Northcoast Internet, Inc. may modify the format, content,
time of availability, amount of use permitted or the scope of access
to certain types of computer hardware and operating systems of its
access service at any time without prior notice.
- Account Holders of Northcoast Internet, Inc. are responsible
for providing all telephone and computer equipment and telephone access
lines to access Northcoast Internet, Inc. NORTHCOAST
INTERNET DOES NOT ACCEPT RESPONSIBLITY FOR ANY PHONE CHARGES AND WILL
NOT REIMBURSE OR ISSUE CREDIT TO CUSTOMERS WHO ACCESS OUR INTERNET
SERVICES USING THE INCORRECT DIAL-UP NUMBER. PLEASE CONSULT THE OPERATOR
OF YOUR TELEPHONE COMPANY TO CONFIRM THAT THE NUMBER YOU SELECT WILL
NOT GENERATE MEASURED RATE TOLLS ON YOUR PHONE BILL.
- Account Holders affirm that they are at least eighteen
(18) years of age. Access accounts with Northcoast Internet, Inc.
are not transferable and may not be used by anyone other than the
Account Holder, subject to the following limited exception. A minor's
parent or legal guardian may permit the minor to use the parent's
or legal guardian's Northcoast Internet, Inc. account provided that
the minor's use is supervised by the Account Holder and expressly
conditioned upon the Account Holder's agreement to indemnify, defend
and hold harmless Northcoast Internet, Inc. its parent corporation,
affiliate corporations, all of their officers, directors, employees,
shareholders and agents from any claims and expenses, including attorney's
fees for any and all use of the Account Holder's account by the minor.
- Charges to Account Holders for Northcoast Internet,
Inc. Internet access are due on the first of the month for that month
of service. Charges for over usage are billed in the month after service.
Charges are considered delinquent if payment for the month is not
received by the 15th of the month. Account Holders will be charged
$10 in the event that credit card or electronic fund transfer billings
for Internet access charges are declined. Northcoast Internet, Inc.
reserves the right to suspend access and/or delete an Account Holder's
account in the event of non-payment. A $10 re-activating fee will
be charged to re-enable Account Holder account. Deleted accounts will
not be re-opened. If Northcoast Internet, Inc. does not receive full
payment by the 15th of the month, then Northcoast Internet will add
a late charge of an additional 1.5% of the balance then outstanding.
The Account Holder will also be liable for all attorney and collection
fees resulting from Northcoast Internet, Inc.'s efforts to collect
any unpaid charges.
- Northcoast Internet, Inc.'s access to the Internet
may not be used to send or submit for posting any abusive, illegal,
obscene, profane, sexually explicit, or threatening material. Access
may not be used to solicit Account Holders to become users of any
competitive Internet access service. Access may not be used for any
illegal purpose.
- All of the software provided by Northcoast Internet,
Inc. to the Account Holder is copyrighted. Copying, distributing or
publishing any part of the Northcoast Internet, Inc. Software is prohibited.
- Copyrighted material may not be uploaded or downloaded
without the permission of the owner(s) or person(s) they specifically
authorize. Only the owner(s) or such authorized person(s) may upload
copyrighted material.
- Northcoast Internet, Inc. is not responsible for the
retention of any files or other information that an Account Holder
places on Northcoast Internet, Inc.'s equipment.
- THE ACCOUNT HOLDER EXPRESSLY
AGREES THAT USE OF NORTHCOAST INTERNET, INC.'s INTERNET ACCESS IS
AT ACCOUNT HOLDER'S SOLE RISK. NEITHER NORTHCOAST INTERNET, INC. NOR
ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE ACCESS
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES NORTHCOAST INTERNET,
INC. OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE ACCESS. THE ACCESS
IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER NORTHCOAST INTERNET,
INC. NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE ACCESS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY
TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. ACCOUNT HOLDER
EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL
ALSO APPLY TO THIRD PARTY CONTENT.
- Subject to the terms of this Agreement, Northcoast Internet,
Inc. grants to Account Holder a personal, non-exclusive, non-assignable
and nontransferable license to use and display the Northcoast Internet,
Inc. Software on any machine(s) of which Account Holder is the primary
user. Unauthorized copying of the Software, including software that
has been modified, merged or included with the Software, or the written
materials associated therewith is expressly forbidden. Account Holder
may not sublicense, assign or transfer this license or the Software.
- The Account Holder is permitted to archive Northcoast
Internet, Inc. Software, provided that all such copies contain the
same copyright notice and proprietary markings as are on the original
Northcoast Internet, Inc. Software. Unauthorized copying of Northcoast
Internet, Inc. Software, including Northcoast Internet, Inc. Software
that has been modified, merged or included with any related written
material, is prohibited. The Account Holder may not translate, reverse
engineer or reverse compile, disassemble or make derivative works
from Northcoast Internet, Inc. Software. The Account Holder may not
modify Northcoast Internet, Inc. Software in any manner or form, including
without limitation for the purpose of obtaining unauthorized access
to the Northcoast Internet, Inc. (e.g., hacking).
- Northcoast Internet, Inc.'s entire liability and the
Account Holder's exclusive remedy with respect to the use of Northcoast
Internet, Inc. Software shall be the replacement of any diskette deemed
by Northcoast Internet, Inc., to be defective. NORTHCOAST
INTERNET, INC. MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED WITH RESPECT TO THE NORTHCOAST INTERNET, INC. SOFTWARE. IN
NO EVENT SHALL NORTHCOAST INTERNET, INC. BE LIABLE TO THE ACCOUNT
HOLDER OR ANY THIRD PARTY FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR
INCIDENTAL DAMAGES WHICH MIGHT RESULT FROM USING NORTHCOAST INTERNET,
INC. SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF INFORMATION OR
MATERIAL OF ANY KIND.
- The Account Holder agrees to indemnify, defend and hold
harmless Northcoast Internet, Inc. its parent corporation, affiliate
corporations, all of their officers, directors, employees, shareholders
and agents from any claims and expenses, including attorney's fees
for any and all use of the Account Holder's account.
- The Account Holder shall pay, in accordance with the
provisions of the Billing Option selected by the Account Holder, any
set-up or monthly fees, connect time charges, minimum charges and
other charges incurred by the Account Holder at the rates in effect
for the billing period in which those charges are incurred.
- If the Account Holder suspects any breach of security,
such as loss, theft or unauthorized disclosure of the Account Holder's
User ID, password or any credit, debit or charge card account numbers
maintained by Northcoast Internet, Inc. then the Account Holder must
promptly notify Northcoast Internet, Inc.. Until Northcoast Internet,
Inc. is notified, the Account Holder will be responsible for any unauthorized
use.
- The Account Holder may terminate Account Holder's access
at any time. Account Holder's only right with respect to any dissatisfaction
with (i) any term in the Agreement or practice of Northcoast Internet,
Inc. in operating the Northcoast Internet, Inc.'s Internet access,
(ii) content available through the Northcoast Internet, Inc.'s Internet
access or change therein, or (iii) change in the amount or type of
fees charged in connection with the Northcoast Internet, Inc.'s Internet
access, is to terminate Account Holder's access account by delivering
written notice to Northcoast Internet, Inc. which will be effective
the day Northcoast Internet, Inc. receives notification of termination
or at such specified future date as may be acceptable to Northcoast
Internet, Inc.. In the event that an Account Holder's account is terminated
or canceled, any on-line time credited to the Account Holder's account
is not convertible to cash or other form of credit.
- Northcoast Internet, Inc. may terminate access, or suspend
any Account Holder's access to all or part of Northcoast Internet,
Inc.'s Internet access, without notice, for any conduct that (i) Northcoast
Internet, Inc. in its sole discretion believes violates the Access
Account Agreement, (ii) inhibits or otherwise precludes Northcoast
Internet, Inc. from providing access to its other Account Holders,
(iii) is harmful to another Account Holder, third-party information
provider, licensor, service provider or Northcoast Internet, Inc.'s
interests. In the event that an Account Holder's account is terminated
or canceled, any on-line time credited to the Account Holder's account
is not convertible to cash or other form of credit.
- In the event that any portion of the Agreement is held
to be invalid or unenforceable, the invalid or unenforceable portion
shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties, and the
remainder of the Access Account Agreement shall remain in full force
and effect.
- The failure of either party to insist upon or enforce
strictperformance by the other party of any provision of the Agreement
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between parties nor trade practice shall act
to modify any provision of the Agreement.
- The Agreement shall be governed by and construed in
accordance with the laws of the State of California, except with regard
to its conflicts of law rules. Each party irrevocably consents to
the exclusive jurisdiction of the courts of the State of California
and the federal courts situated in the State of California in connection
with any action arising under the Access Account Agreement or relating
to Northcoast Internet, Inc. Internet access or the Northcoast Internet,
Inc. Software. Any cause of action of the Account Holder with respect
to the Northcoast Internet access or Northcoast Internet, Inc. Software
must be commenced within one (1) year after the claim or cause of
action arose, or be barred.
- This Agreement represents the complete understanding
between Northcoast Internet, Inc. and the Account Holder as to the
subject matter hereof, and supersedes all prior written or oral negotiations,
representations, guaranties, warranties, promises, orders, statements
or agreements between Northcoast Internet, Inc. and the Account Holder
or any statement or representation made or furnished by another person
representing or purporting to represent either Northcoast Internet,
Inc. or the Account Holder.
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