TERMS
OF SERVICES
This Services Agreement (the "Agreement") contains the complete terms
and conditions which govern your subscription of Web hosting, e-Commerce and
other Internet-related services provided by N2N Internet Services (the "Services").
As used in this Agreement, "N2N Internet Services" means N2N Internet
Services and "Client", "you", or "your" means
you. By clicking on the "Submit Order" button, you acknowledge that
you have read the Agreement, and you agree to its terms and conditions and all
policies posted on the N2N Internet Services site. As referred to in this Agreement,
"Site" refers to a World Wide Web site and "N2N Internet Services
Site" refers to the Site located at the URL http://www.n2nis.com
, or any other successor Sites owned or maintained by N2N Internet Services.
1. APPROPRIATE
USE OF THE SERVICES.
N2N
Internet Services provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to
provide such Services.
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Client
Content. Client agrees that it will not distribute, electronically transmit
or display any materials supplied by Client - or through Client by a third
party - to any N2N Internet Services server in connection with Client's
use of the Services which:
violate any state, federal or foreign laws or regulations;
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infringe
on any intellectual property rights (e.g., copyright, trademark, patent
or other proprietary rights) of N2N Internet Services or any third party;
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are
defamatory, slanderous or trade libelous;
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are
threatening or harassing;
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are
discriminatory based on gender, race, age or promotes hate
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contain
viruses or other computer programming defects which result in damage to
N2N Internet Services or any third party.
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Bandwidth.
Client may occupy only the amount of disk space on the N2N Internet Services
Server and utilize no more than the network bandwidth that is allotted by
N2N Internet Services. Additional fees, specified in the Virtual Host plans
page, will be charged for exceeding the disk space and/or network bandwidth
allowance of your selected plan.
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No
"SPAM". Client shall not use the Services for chain letters,
junk mail, spamming, or any use of distribution lists to any person who
has not given specific permission to be included in such a process. Client
also shall not engage in any unsolicited email practices at N2N Internet
Services, or otherwise, that mentions or reference any domain hosted on
N2N Internet Services servers or parked on N2N Internet Services DNS servers.
NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR
RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS
AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer
to our UCE (SPAM) Policy).
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Licensed
Software Only. Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
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Back-Up
Files. Client will have the ability to reinstate files which are automatically
archived by N2N Internet Services; however, N2N Internet Services does not
guarantee the existence, accuracy, or regularity of its backup services
and, therefore, Client is responsible for making back-up files in connection
with its use of the Services. Backup capability is available through the
Client’s Control Panel.
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Termination.
N2N Internet Services reserves the right to refuse service to anyone. N2N
Internet Services, in its sole discretion, may immediately terminate this
Agreement if Client engages in any of the foregoing. To report any unacceptable
behavior by a third party using the Services, please contact abuse@n2nis.com.
2. PAYMENT
OBLIGATIONS
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Service
Fees. On the First (1st) of each month, N2N Internet Services shall
either (i) debit Client's credit card (where such information is provided
by Client) or (ii) deliver by e-mail or regular mail an invoice to Client
in accordance with the applicable Services fees for services rendered for
the current month. Where an invoice is delivered to Client, Client shall
remit payment to N2N Internet Services by no later than the specified payment
due date (The Tenth [10th] of the month unless specified by N2N Internet
Services). N2N Internet Services shall be entitled to immediately terminate
this Agreement for Client's failure to make timely payments to N2N Internet
Services. Furthermore N2N Internet Services will be entitled to charge a Twenty Five ($25) Dollar late
service fee. Certain services carry a set-up fee charged by N2N Internet
Services to Client that must be paid by Client in order to have use of the
Services. If Client terminates this Agreement in accordance with Section
4 hereunder, Client shall be responsible for any outstanding fees owed to
N2N Internet Services and agrees to pay any and all fees incurred by Client.
Because the Services are provided on a monthly basis, Client will be responsible
for Service fees incurred each month regardless of when Client provides
notice of termination. Thus, for example, if Client provides notice to terminate
on the 15th of a particular month, Client will still owe fees for the entire
month and such fees will not be pro-rated or refunded. If Client has retained
the Services for one (1) year and has pre-paid N2N Internet Services for
such Services, refunds will be issued for any unused full month portions
of the Services upon Clients request. Therefore, if Client's account is
cancelled at any point during the one (1) year term, Client will be entitled
to a refund for the months remaining after notice given by the 25th of the
preceding month.
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Domain
Names. If Client chooses to register a domain name(s) through N2N Internet
Services, Client acknowledges and agrees that Client will pay a registration
fee(s) to register the domain name(s) with the applicable domain name registrar.
N2N Internet Services does not offer refunds for domain name registrations
for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY
AND INDEMNIFICATION
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The
parties agree that in no event shall N2N Internet Services be liable to
any third party for Client's breach or alleged breach of any of the terms
and conditions set forth in this Agreement. Client agrees to defend, indemnify
and hold harmless N2N Internet Services from any and all expenses, losses,
liabilities, damages or third party claims resulting from Client's breach
or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION
& REINSTATEMENT
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Subject
to the terms and conditions hereof, this Agreement shall be effective on
the date you register for the Services, and shall continue in effect on
a month-to-month basis unless otherwise specified by separate agreement
(the "Term") unless terminated earlier pursuant to the provisions
of this Section 4. Either party will have the right to terminate this Agreement
upon notice to the other party. If Client is terminating this Agreement,
Client must follow instructions for cancellation provided on the Server
Cancellation Information page. The essence of this page states that Client
must contact the N2N Internet Services to receive a cancellation number,
which Client shall retain as proof of termination, and all cancellation
requests must be received by the Twenty-Fifth (25th) of the respective month
of cancellation. Any other attempt by Client to cancel this Agreement by
written or e-mail notice shall be void. Sections 3 - 8 shall survive termination
or expiration of this Agreement.
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If
Client terminates its account or account is suspended, Client shall be allowed to re-instate Client's
use of the Services within Seven (7) business days of cancellation / suspension. Client
shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's
account. Once payment has been received, Client's account will be activated
within Forty-Eight (48) business hours. N2N Internet Services will maintain
an archival copy of Client's Web site for Seven (7) days after N2N Internet
Services receives notice of cancellation. Thereafter, Client will need to
place a new order if it wishes to subscribe to the Services.
5. TAXES
6. DISCLAIMER
OF WARRANTY
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THE
SERVICES, THE N2N INTERNET SERVICES SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE N2N INTERNET SERVICES
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT
ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. N2N INTERNET SERVICES
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE
FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, N2N INTERNET SERVICES
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR
OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE
SUFFICIENT.
7. LIMITATION
OF LIABILITY
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IN
NO EVENT SHALL N2N INTERNET SERVICES BE LIABLE FOR DAMAGES RESULTING FROM
LOSS OF DATA, PROFITS, USE OF THE N2N INTERNET SERVICES BE SITE OR ANY N2N
INTERNET SERVICES BE PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR
IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT
SHALL N2N INTERNET SERVICES BE CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER
THAN FIVE HUNDRED DOLLARS ($500 US).
8. MISCELLANEOUS
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Notices.
Any notices or communication under this Agreement shall be in writing and
shall be deemed delivered to the party receiving such communication at the
address specified below (1) on the delivery date if delivered personally
to the party, or a representative of the party; (2) one business day after
deposit with a commercial overnight carrier, with written verification of
receipt; (3) five business days after the mailing date, whether or not received,
if sent by postal mail, return receipt requested; (4) on the delivery date
if transmitted by confirmed facsimile.
If
to N2N Internet Services:
N2N Internet Services
401 Lincoln Street
Taylor, PA 18517-1929
If
to Client:
Name and address provided for account setup.
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If
any of the provisions, or portions thereof, of this Agreement are found
to be invalid under any applicable statute or rule of law, then, that provision
notwithstanding, this Agreement shall remain in full force and effect and
such provision or portion thereof shall be deemed omitted. This Agreement
(including the Exhibits, attachments and/or addenda, if any,) represents
the entire agreement of the parties with respect of the subject matter hereof
and supersedes all prior and/or contemporaneous agreements or understandings,
written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder
may not be transferred, assigned or delegated in any manner by Client, but
may be so transferred, assigned or delegated by N2N Internet Services. Any
waiver or any provision of this Agreement, or a delay by any party in the
enforcement of any right hereunder, shall neither be construed as a continuing
waiver nor create an expectation of non-enforcement of that or any other
provision or right. In any legal proceeding between the parties under this
Agreement, the prevailing party shall be entitled to recover its costs,
expenses and reasonable attorneys' fees. This Agreement is made under and
shall be governed by the laws of the United States of America, except with
regard to it’s conflict of law rules. This Agreement and N2N Internet Service's
policies are subject to change by N2N Internet Services without notice.
Continued usage of the Services after a change to this Agreement by N2N
Internet Services or after a new policy is implemented and posted on the
N2N Internet Services Site constitutes your acceptance of such change or
policy. We encourage you to regularly check the N2N Internet Services Site
for any changes or additions.