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1. AGREEMENT:
This is an agreement (the "Agreement") between Network Professionals,
Inc (Network Professionals) - a Wisconsin corporation and all customers
(the "Customer") subscribing to Network Professionals Broadband
Internet Services (Internet Service). The Customer acknowledges
that the Customer has carefully read and understands this Agreement
in full. Customer acknowledges that use of Network Professionals
Internet Services constitutes acceptance and full agreement with
the Terms and Conditions and Use Policy outlined herein.
2. SERVICES: Network Professionals will provide Internet
Access Service ("Service") indicated in the Service Quotation ("Quotation").
The Customer may also be required to sign a Service Contract (the
"Contract") for specific Internet services. The Service Period and
fees for the Service are described in the Quotation and Contract.
The Customer may be provided with any combination of Internet access,
E-mail, Web Site Hosting, Spam and Virus Protection and other services
as detailed in the Quotation and/or Contract.
3. AVAILABILITY OF SERVICE:
Internet Service is generally available 24 hours a day, 7 days a
week but are not guaranteed to be uninterruptible or error free.
The Customer understands that the availability and reliability of
the Services are beyond the control of Network Professionals. The
speed and quality of Service can vary depending on global Internet
traffic, quality of local telephone lines, internal network cabling,
and other factors beyond the control of Network Professionals.
4. DISCLAIMER: Internet Services
are provided by Network Professionals on an "as is" basis and Network
Professionals makes no warranties of any kind, whether expressed
or implied, regarding Internet service. Network Professionals will
not be responsible for any loss of data due to: delays, non-deliveries,
mis-deliveries of E-mail messages, service interruptions, destruction
of data, files, information or software, of or relating to the customer,
changes to the Network Professionals website, interference from
third parties, viruses or destructive mechanisms or actions. In
no event shall Network Professionals be liable for any penalties,
expenses, loss of revenue, or damages to Customer assets. The Customer
waives all rights to any and all compensation from Network Professionals
for any damages whatsoever. The Customer agrees to indemnify and
hold Network Professionals harmless from any claims, damages, costs,
and expenses, including reasonable attorneys' fees, arising out
of the Customer's breach of any of the terms of this Agreement,
use or misuse of the Services, negligent or intentional acts or
omissions of the Customer, or any claims of infringement of intellectual
property rights relating to any information or materials which are
posted by the Customer on the internet.
5. OBJECTIONABLE AND ILLEGAL MATERIAL: The Customer may,
through use of the Services, be able to access information and material
which may be deemed, indecent, sexually explicit, obscene, offensive,
or otherwise unsuitable or objectionable. The Customer agrees to
monitor and supervise the use of the Services by persons who are
less than eighteen (18) years of age. Network Professionals shall
not be liable for access by any users to any such information.
6. BILLING, PAYMENTS, LATE CHARGES
& FEES: All payments are due in advance, by the first of
the coming month for the next months service. Payments may be made
with check, credit card, or Electronic File Transfer (EFT). Payments
received after the 10th day of the months are considered late and
may be placed "on hold" and have service suspended. There is a $10.00
charge to reinstate service after an account has been placed on
hold. Checks returned due to Insufficient funds are subject to a
$25.00 service charge.
7. REFUNDS: All refunds are
at the sole discretion of Network Professionals. All payments made
to Network Professionals are non-refundable and it is the Customers
responsibility to use all Services that are purchased. Prepaid accounts
will be refunded for services not rendered and at the sole discretion
of Network Professionals. Prepaid refunds will be based on normal
monthly charges and discounts and/or promotions will not be considered.
Prepaid refunds are for whole months only as Network Professionals
does not refund partial months. Refunds for those found in violation
of this Agreement are at the sole discretion of Network Professionals.
8. ACCEPTABLE USE: Network Professionals Broadband Internet
Service may not be used for any activity deemed illegal or inappropriate.
Network Professionals reserves the right deem activity or materials
inappropriate and in violation of this Agreement and to cancel a
Customers Service for any reason whatsoever. Network Professionals
may refuse to post, edit or remove any information or materials,
in whole or in part, at Network Professional's sole discretion.
The Customer agrees and understands that Network Professionals will
cooperate with legal authorities in the investigation of any suspected
criminal or civil order of infringements. Activities in violation
of this Agreement include the following:
Fraud; Infringement of Copyright, Patent, Trademark, Trade Secret,
or Intellectual Property Right; Hacking or any attempt to access
the information or accounts of others or penetrate security measures
of other systems, whether or not the intrusion results in corruption
or loss of data; Child Pornography; Unauthorized Computer/Network
Trespass; Illegal Export of software, technical information or intellectual
property; E-Mail Spamming - transmitting of unsolicited e-mail to
multiple recipients; Usenet Spamming - posting of messages to newsgroups
that are irrelevant or blanket posting of messages to multiple news
groups; Distribution of Viruses - intentional distributions of software
that attempts to and/or cause damage, harassment, or annoyance to
persons, data, and/or computer systems; E-Mail/News Bombing - malicious
intent to impede another mail or news services; E-Mail/Message Forging;
Ponzi Schemes/Chain letters/ Pyramid Schemes; Inappropriate Use
of Software.
9. SEVERABILITY: If any provision of this Agreement is deemed
illegal, or unenforceable or contrary to the law, the remaining
provisions of this Agreement will remain in full force and effect.
10. MODIFICATION: Network Professionals
reserves the right to modify this Agreement at any time in efforts
to better serve the Customer. The current Acceptable Use Policy
and Terms of Service Agreement available at any time by visiting
http://www.netprosbb.net/terms.
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