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Terms and Conditions |
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I. General Terms and Definitions
Any individual or entity receiving any product or service from Napu.net shall hereafter be referred to as Client. Napu.net is a wholly owned division of
Louisville Telecom, LLC. By accepting products and/or services provided by Napu.net, Client agrees to observe and abide by all of the provisions, terms, and requirements specified in this document.
II. Billing
Billing for service is In Advance of Service and is by Approved Credit Card
and/or Bank Debit Card only. Client must make Napu.net aware of any changes
in Credit Card Account Numbers, expiration dates, addresses, or phone numbers
so that your access can be maintained. Failure to update your Credit Card/Debit
Card Account Numbers, expiration dates, addresses, or phone numbers will result
in a disruption of your service. From time to time, you may be contacted via napu.net e-mail about special offers, and/or billing inquiries.
III. Conformance to Service Plans - Unlimited Access
Unlimited Access does not mean dedicated access! Unlimited access means that the service is not metered and there are no surcharges for hours in excess of a limit (for example 150 hours) as with most other providers. If a Client is logged in and has no activity (is idle) for ten (10) minutes, the Client will be disconnected from the service. Use of a ping or "keep alive" program is strictly prohibited ! There is also a mandatory two (2) hour continuous use session limit. This means that if you are online for a continuous period of two (2) hours, you will be subject to an automatic disconnect. However, if you have been disconnected by either the ten (10) minute idle, or the two (2) hour continuous session limit, you may immediately dial back into the service. Client agrees to use services purchased from Napu.net in the way the account is intended. Dialup accounts are for a single (1) connection to Napu.net. Additional connections can be purchased.
IV. Disclaimer of Liability
Client acknowledges that Napu.net makes no warranty of any kind, expressed or implied, regarding the reliability or suitability for a particular purpose of its services. Napu.net disclaims any warranty of merchantability or fitness for a particular purpose. Client acknowledges and understands that Napu.net exercises no control over the nature, content, or reliability of the information delivered to Client from the Internet via Napu.net. Client acknowledges that Napu.net is not liable for any errors or interruption in Internet access service provided to Client, whether within or outside the control of Napu.net. Under no circumstances shall Napu.net be held responsible for damages or loss suffered by Client, including but not limited to special, incidental, consequential, or punitive damages, as a result of Client's direct or indirect use of Napu.net services including, but not limited to, errors, delays, loss of information, or interruptions in service caused by Client's or Napu.net or a third party's negligence, fault, misconduct, or failure to perform. Client acknowledges that Internet access service may be temporarily unavailable for scheduled or unscheduled maintenance, and for other reasons within and outside of the control of Napu.net. Under no circumstances do any such errors, delays, loss of information, or interruptions in service nullify or modify this agreement or any other agreement at any time. Further, Napu.net will not be responsible for any adverse reaction between Client's personal computer or network equipment and any software/program supplied by or purchased from Napu.net. Napu.net further reserves the right to refuse service to anyone, or terminate service, without notice, at any time, and for any reason.
V. Client Responsibility - SPAM Costs
Client is responsible for protecting all account passwords and is responsible for any authorized or unauthorized use made of Client's account. Client agrees to comply with the rules appropriate to any network to which Client may gain access via the services of Napu.net. Client acknowledges that any proprietary, confidential, or otherwise valuable information that Client desires to keep confidential should not be transmitted over any part of the Internet, nor reside on computers connected to the Internet. Client will not transmit or make available to the Internet any material that is illegal, libelous, tortuous, or likely to result in action against Napu.net, or its clients. Client agrees that under no circumstances will the Client use Napu.net equipment and/or electronic mail addresses in connection with the sending of unsolicited electronic mail messages, commercial or otherwise, including, but not limited to, the sending of unsolicited mass mailings (SPAM) from another service which in any way implicates the use of Napu.net service, equipment, or any Napu.net electronic mail address, or the Napu.net name. Any client that we verify,
through our means, including but not limited to: log files, etc., will be charged $150 per hour for the time and effort required to respond to the results of the SPAM that has been sent. Client will hold Napu.net harmless from any and all judgments, court costs, legal fees, and fines imposed as a result of Clients activities at any time.
VI. Service Termination
Internet access may be terminated at any time. Napu.net reserves the right to terminate (without notice) the service of anyone, both personal and business, at anytime, if the management of Napu.net determines that the Clients activities are in any way illegal, libelous, tortuous, or detrimental to the service, equipment, or clients of Napu.net. Napu.net Management further reserves the right to terminate the service (without notice) of anyone, both personal account and business account, who is operating beyond or attempting to operate beyond the intent of services offered by Napu.net. All termination's of service by Client or service changes must be in writing to Napu.net. Service termination must be in writing so that verification of Client intent can be ascertained. It is the Clients' responsibility to maintain copies of any and all files, programs, scripts, html code, etc., that are used by client for the display on the web of the clients' web site which may be posted/hosted at Napu.net. Take note that if there is a service termination of Clients' Internet Access Account, for any reason, any and all of clients' files, programs, scripts, html code, etc., that have been used in any way for clients' web site, will be deleted and permanently removed from the servers. We do not maintain copies of clients web sites and/or files, programs, scripts, html code, etc., and under no circumstances will Napu.net be responsible for returning such files, programs, scripts, html code, etc., to client upon termination of service with Napu.net.
VII. Long Distance Charges
Napu.net will not be responsible for any long distance charges incurred by Client. Any long distance charges incurred by Client for accessing Napu.net will be the sole responsibility of the Client.
VIII. Minor Children Access and Service Purchase
Napu.net Internet Access Service can only be purchased by Adults. For a minor child (under the age of 18 years) to have Napu.net access, a legal parent or legal guardian, as determined by your State and/or Federal Law, must acquire the service, and be responsible for all fees and charges payable to Napu.net. Please take notice, that Napu.net WARNS PARENTS to be very active in overseeing the sites and information that is being viewed by minor children. The Internet is an "open access forum", and as such, there may be material that you may deem to be unsuitable for viewing by your minor children.
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