NetPlus User Agreement

NetPlus Communications, Inc.
TERMS AND CONDITIONS FOR USER ACCOUNT
Note: This Terms of Service applies to all Users.

This agreement represents the complete agreement and understanding between NetPlus Communications, Inc., an Ohio corporation, (the "Provider") and the undersigned individual account holder (the "User").

SECTION 1 - PROVISION OF SERVICES

1.1. Provider will provide access to its Online Communications Services (the "System") to the User in exchange for payment of fees and compliance with the terms and conditions of this agreement.

1.2. Provider's services are defined as the use by the User of computing, telecommunications, NetPlus Communications software, and information services provided by the Provider. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Internet.

1.3. Provider may also provide computer software and programs with its user accounts. However, the Provider does not provide a warranty, either express or implied, as to the usability or behavior of these programs.

1.4. Provider "may" provide access to the USENET discussion groups (newsgroups). Some of the discussions contain language, pictures or other material about subjects intended for Adult audiences. Account holders less than eighteen (18) years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.

1.5. Provider provides connectivity to the Internet and allows personal homepages to be placed on the World Wide Web per the terms and conditions outlined in sections 2, 4 and 8 of this agreement. Personal web pages are limited to 40 MB of storage space. If a web site published under a personal account utilizes an excessive amount of bandwidth (excessive shall be defined as more than 750 MB of throughput per month), the Provider reserves the right to request that the account be converted to a commercial site or be removed from the System entirely.

1.6. Provider will publish a notice of fee increases on-line before such increases will take effect.

1.7. Provider does not represent or warrant that access to the System shall be uninterrupted, or that there shall be no failures in transmission of information, errors or omissions in transmission of information, errors or omission in information, or loss of information.

1.8. Provider shall not be responsible in any way for any User hardware or software required or used by the User to access or communicate with the System or to upload or download information or for the telecommunication cost of accessing the System.

SECTION 2 - USE OF MATERIAL

As provided by United States federal law and by international treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Provider services without the permission of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

SECTION 3 - GRANT OF LICENSE

3.1 Subject to the terms hereof, User hereby grants to the Provider, its successors and assigns, the irrevocable right and license to do any or all of the following:

(a) To record, reproduce and fix any music, text or artwork provided to the Provider in synchronism or timed relation to the images which are part of the visual images embodied in any computer-readable media or embodiment, now known or hereafter to become known, including, but not limited to, all formats of computer-readable electronic, magnetic, digital, laser or optical-based media.

(b) To make, reproduce, exhibit, publicly perform and display, transmit, publish, broadcast or distribute copies of any music, text or artwork provided to the Provider, as contained and synchronized with the visual images by any means now known or hereafter to become known, including, without limitation, transmission or broadcast.

SECTION 4 - USE OF SERVICES

4.1. User understands and agrees that the User's account is personal and is not to be used or shared by any other individual. User also agrees that the User ID and password shall remain private information and shall not be distributed or disclosed to any other individual, nor used by any other individual. User shall not use another user's password to access the System. User acknowledges that the Provider will terminate the account after appropriate notification if the User does not comply. To reactive an account that was placed on hold due to multiple use User agrees to pay a $5.00 reactivation fee.

NetPlus Extended Service Users understand that once an account has been placed on hold due to multiple use that account can not be reused on the Netplus system at any time in the future. User will also be charged $5.00 reactivation of account with NEW user name.

4.2. User hereby agrees to comply with the rules of operation, as they now exist and as they may from time to time be changed. User's continued usage of the System constitutes the User's acceptance of such changes.

4.3. User agrees to use the services provided by the Provider as permitted by applicable local, state, and federal laws. User agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

4.4. User understands and agrees that Provider services shall not be used to send unsolicited advertising or promotional materials to other network users. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 15 or more recipients where such e-mail has not been specifically requested by the recipient. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of the Company. If you violate this spamming policy, you will be assessed the following fines and penalties, which you hereby agree to pay:

4.4(a). First offense: $100.0
4.4(b). Second offense: $500.00
4.4(c). Third offense: $500.00 and automatic termination of your account.

4.5. User acknowledges that the Provider may, at its sole discretion, disable or remove any material published on User's web site that the Provider deems inappropriate. The Provider may also disable a site that is experiencing excessive usage as defined in section 1.5 of this agreement while the User is contacted to determine if the User wishes to convert the site to a commercial web site or discontinue the use of the Provider's services.

4.6. User understands and agrees that the Provider has no obligation to preserve or protect any rights which the User may have in any information placed on the System, and shall not be responsible for backing up information placed on the System.

4.7. User shall not utilize the System for illegal activity or place any text, data, graphics, images, messages, communication(s), files or other material ("Information") on the System in any form which is related to illegal activity or is scandalous, defamatory, obscene, immoral or in violation of another's rights, including, but not limited to, copyrights, trade secrets and privacy.

SECTION 5 - NO WARRANTY OF PROVIDER

5.1. User acknowledges that the Provider makes an honest effort to keep the information available on the Provider's systems accurate. However, the Provider can make no warranty of any kind, either express or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through the Provider is at the risk of the User.

5.2. User also acknowledges that the information available through the interconnecting networks may not be accurate. Provider has no ability or authority over the material. Therefore, Provider can make no warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through the Provider's services is at the risk of the User.

SECTION 6 - PAYMENT OF FEES AND PENALTIES

6.1. Provider's billing cycle starts with the first day of each calendar month and ends on the last day of each calendar month.

6.2. Payment is due no later than the beginning of the User's monthly billing cycle.

6.3. There will be a return check charge of Ten Dollars ($10.00) for any checks returned to the Provider unpaid.

6.4. Any interruption of services does not relieve the User from the obligation to pay the monthly charge.

6.5. User will be notified in writing thirty (30) days in advance of any and all changes or increases of service fees.

6.6. Accounts paying by cash or check will not be activated until payment is received.

6.7. Delinquent accounts are those that are unpaid after the due date, or those whose charges are refused by the User's credit card company, or direct checking account debits that are refused by the User's bank.

6.8. Accounts that are delinquent are "locked" and may not be used. Provider accounts continue to accrue charges while they are locked. Accounts are locked 3 days after the anniversary date. If the account is not paid, the account is closed and all information deleted.

6.9. Locked accounts will only be "unlocked" after the Provider's accounting department has cleared the account and the account is paid in full. 

6.10. User acknowledges full responsibility for the account until such account is paid in full.

6.11. Should the User's access to the System be suspended or terminated for any reason, all fees received by the Provider shall be forfeited as liquidated damages.

6.12 NetPlus Communications internet access fees are non refundable. User also agrees the any deep discounted services and plans are non-refundable. This includes but not limited to seasonal specials, annual and semiannual plans, and special limited time promotions.

6.13 Provider will Not be Responsible for any charges that occur on user's phone bill. It is the user's responsibility to select the appropriate local exchange when accessing the internet. If you feel your computer is dialing the wrong number contact the NetPlus Communications technicians immediately.


SECTION 7 - ACCOUNT CANCELLATIONS

7.1. Cancellation requests for Provider accounts must be received in writing via facsimile or United States Mail at the Provider's main office. Such requests must be received before the anniversary date of each month in order to be processed so that the customer is not billed for the next usage period. If the account is closed, there will be a ten dollar ($10.00) reactivation fee.

7.2. In no event, other than the willful termination of an account by the Provider, will a prorated refund be given to User.

7.3. All Provider accounts must be paid in full before the transaction will be considered complete.

7.4. Provider reserves the right to terminate any account at any time with or without cause or reason. In the event that the Provider chooses to take this action, User understands and agrees that User's only compensation would be a prorated refund for the current period for which the User has already paid.

SECTION 8 - ABUSE OF SERVICES

8.1. Any use of the Provider's system resources that disrupts the normal use of the system for other Provider account holders is considered to be an abuse of system resources and is grounds for administrative intervention.

8.2. Depending on the nature and the severity of the abuse, the User may receive an electronic mail warning or, if severe enough, have their account suspended by the Provider without prior notice.

8.3. User is authorized only for a single log-on to the System, with reasonable unlimited use. Reasonable unlimited use is defined as one person sitting at a computer using the service, and does NOT include leaving systems idle for excessive periods of time, leaving systems online for others' use as file servers, etc. Multiple log-ons and background processing are prohibited. Any person or user found misusing the System in this manner will be terminated immediately.

8.4. Provider's Personal World Wide Web pages are for personal use only. They may not be used for the advertising or promotion of a product, good, service, company, or person(s).

8.5. User shall not attempt to vandalize any portion of the Provider's System or other systems connected to the Internet. "Vandalism" is defined as any malicious attempt to harm, destroy or disrupt the service in any manner.

8.6. Use of profanity, sexually explicit language, or sexually explicit material on World Wide Web homepages stored in a Provider user account, or in electronic mail stored or transmitted through Provider computer systems is strictly prohibited and is grounds for termination of this agreement.

8.7. Use of copyrighted materials without permission of the copyright holder on World Wide Web homepages stored via a Provider user account is strictly prohibited and is grounds for termination of this agreement.

SECTION 9 - USER WARRANTIES AND INDEMNITY

9.1. User hereby warrants, represents, covenants and agrees that User has the full right, power and authority to enter into this Agreement; the rights to any material provided to the Provider, including all of the titles, lyrics and music of any, each and every part thereof, delivered for use in your Web pages are owned by the User; no material shall, either in whole or in part, be an imitation or copy of, or infringe upon, any other material, or violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyrights and right of privacy.

9.2. User agrees to indemnify and hold Provider, its successors and assigns, harmless from and against any claims, liabilities, losses, costs, damages or expenses (including attorney's fees and court costs) arising from the User's use of the System and shall not remove or copy from the System all or any part of any software program comprising the System.

SECTION 10 - DISCLAIMER

PROVIDER MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES IT PROVIDES. THE PROVIDER ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHICH MAY RESULT FROM THE USE OF ITS SERVICES UNDER ANY CIRCUMSTANCES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, COPYRIGHT INFRINGEMENT, SERVICE INTERRUPTIONS, LOSS OF DATA, DELAYS OR THIRD-PARTY LITIGATION.

SECTION 11 - DIAL-UP SERVICES

11.1 Limitation of Dial-Up Services - The sole purpose of these limitations are intended to limit the amount of unnecessary use of NetPlus Services by any such User, which restricts overall NetPlus Communication system availability for other such Users. These limitations apply only to Dial-Up access Services offered by NetPlus Communications.

11.2 Idle Timeout - User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the NetPlus Service.

11.3 Maximum Single Session - User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.

11.4 Minimum Re-Connect Limit - User understands they cannot log back onto the Netplus system for a period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

11.5 Multiple, Concurrent Online Sessions - User agrees to maintain no more than one (1) concurrent online session for each Dial-Up account purchased. (see Section 4.1 for fees associated with Multiple sessions)

11.6 150-Hour Limitation (NetPlus Extended Services) - User agrees to not use the Service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of NetPlus Communications. User agrees that they will be limited to 150-hours of access per calendar month. If a User exceeds the 150-hour limit or appears to be on track to do so in the current month, their account will be temporarily disabled until the first of the next month. NetPlus Communications reserves the right to close accounts, which near or exceed the 150-hour per month limitation.

SECTION 12 - GENERAL

12.1. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. The User's acceptance and use of providers system constitutes agreement to and acceptance of these Terms and Conditions.

12.2. This agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Ohio. Each party irrevocably consents to the jurisdiction of the courts of the State of Ohio and the federal courts situated in the State of Ohio, in connection with any action to enforce the provisions of this agreement, to recover damages or other relief for breach or default under this agreement, or otherwise arising under or by reason of this agreement.

12.3. In the event that any portion of this agreement is held to be unenforceable, the 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 provisions shall remain in full force and effect.

12.4. Provider's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement.