NETACCESS OF VIRGINIA SERVICE AGREEMENT


1. DEFINITIONS
A. "NETACCESS OF VIRGINIA" IS THE INTERNET SERVICE PROVIDER FOR ONLINE SERVICES.
B. "USER" IS EACH PERSON WHO ESTABLISHES OR ACCESSES AN ACCOUNT WITH NETACCESS OF VIRGINIA FOR ONLINE SERVICES.

2. GENERAL PROVISIONS
A. THE RIGHTS CONFERRED BY THIS AGREEMENT ARE NONTRANSFERABLE. USE OF NETACCESS OF VIRGINIA ACCOUNTS IS EXPRESSLY LIMITED TO THE INDIVIDUAL WHOSE NAME APPEARS ON THE ACCOUNT AND MEMBERS OF THE IMMEDIATE FAMILY LIVING AT THE SAME ADDRESS AS THE ACCOUNT HOLDER. USER IS RESPONSIBLE FOR INSURING THAT ALL USE OF THE USER'S ACCOUNT COMPLIES FULLY WITH THE PROVISIONS OF THIS AGREEMENT. USER IS ALSO RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF ANY PASSWORD OF THE USER.
B. USER IS RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL SOFTWARE, HARDWARE, TELEPHONE AND OTHER EQUIPMENT NECESSARY TO CONNECT TO NETACCESS OF VIRGINIA.
C. NETACCESS OF VIRGINIA SHALL HAVE THE RIGHT AT ANY TIME WITHOUT NOTICE TO CHANGE, MODIFY OR ADD TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH CHANGES SHALL BE CONSIDERED EFFECTIVE UPON PUBLICATION EITHER ON NETACCESS OF VIRGINIA'S WEB SITE, PRINTED LITERATURE OR BY CONVENTIONAL OR E-MAIL. ANY USE OF NETACCESS OF VIRGINIA'S SERVICES BY USER AFTER SUCH PUBLICATION SHALL CONSTITUTE ACCEPTANCE BY USER OF SUCH CHANGES.

3. BILLING
A. USER IS RESPONSIBLE FOR ANY APPLICABLE TELEPHONE CHARGES FOR CONNECTING DIRECTLY TO NETACCESS OF VIRGINIA OR TO ANY OTHER NETWORK ACCESS NODE.
B.USER AGREES TO PAY NETACCESS OF VIRGINIA ALL CHARGES RELATING TO THE USE OF USER'S ACCOUNT ACCORDING TO CURRENT RATES AND PRICES. ONLINE RATES AND PRICING ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. NETACCESS OF VIRGINIA RESERVES THE RIGHT TO CHANGE OR MODIFY RATES OR PRICES AT ANY TIME.
C. NETACCESS OF VIRGINIA RESERVES THE RIGHT TO CHARGE A LATE PAYMENT FEE AND/OR EXPENSES FOR COLLECTION OF PAST DUE AMOUNTS.
D. NETACCESS OF VIRGINIA RESERVES THE RIGHT TO CHARGE A REACTIVATION FEE AND/OR A DEPOSIT IN THE EVENT THAT AN ACCOUNT IS TEMPORARILY INACTIVATED AS A RESULT OF ANY PROHIBITED ACTIVITES OR LATE PAYMENT.
E. NETACCESS OF VIRGINIA RESERVES THE RIGHT TO CHARGE A SERVICE FEE TO ALL USERS TO WHOM A PAPER INVOICE MUST BE SENT.

4. APPROPRIATE USE/USER CONDUCT
A. ALL NETACCESS OF VIRGINIA USERS MUST COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS.
B. USER SHALL NOT POST, TRANSMIT OR PERMIT TO BE POSTED OR TRANSMITTED ANY MATERIAL WHICH IS UNLAWFUL, THREATENING, ABUSIVE, DEFAMITORY, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, OBSCENE, PORNOGRAPHIC, PROFANE OR WHICH VIOLATES OR INFRINGES IN ANY WAY UPON THE RIGHTS OF OTHERS, OR WHICH ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY LAW, OR WHICH, WITHOUT THE EXPRESS PRIOR APPROVAL OF NETACCESS OF VIRGINIA, CONTAINS ADVERTISING OR ANY SOLICITATION WITH RESPECT TO PRODUCTS OR SERVICES, INCLUDING THE SOLICITATION OF USERS TO BECOME SUBSCRIBERS OF OTHER ONLINE SERVICES COMPETITIVE WITH NETACCESS OF VIRGINIA.
C. USER SHALL NOT POST, TRANSMIT OR PERMIT TO BE POSTED OR TRANSMITTED ANY INFORMATION OR SOFTWARE WHICH USER IS AWARE CONTAINS A VIRUS OR OTHER HAMFUL COMPONENT.
D. ANY CONDUCT BY USER THAT IN NETACCESS OF VIRGINIA'S DISCRETION ADVERSELY AFFECTS THE ABILITY OF ANY OTHER USER FROM USING OR ENJOYING NETACCESS OF VIRGINIA SERVICES OR THE INTERNET IS PROHIBITED.
E. USER AGREES NOT TO PROVIDE PUBLIC INFORMATION SERVICES OVER THIS CONNECTION, NOT TO USE ANY AUTOMATIC METHOD TO AVOID INACTIVITY DISCONNECT AND TO KEEP THE CONNECTION ACTIVE ONLY WHEN THE USER IS ACTIVELY USING IT. A PUBLIC INFORMATION SERVICE INCLUDES BUT IS NOT LIMITED TO RUNNING A WEB SERVER OR FTP SERVER.
F. SHARING ACCOUNTS WITH ANYONE OTHER THAN AN IMMEDIATE FAMILY MEMBER OR RESELLING SERVICE IS PROHIBITED.
G. SENDING UNSOLICITED COMMERCIAL EMAIL IS PROHIBITED, AS IS USING A NETACCESS OF VIRGINIA EMAIL ADDRESS TO COLLECT RESPONSES FROM UNSOLICITED COMMERCIAL EMAIL. SENDING LARGE VOLUMES OF UNSOLICITED EMAIL IS NOT PERMITTED NOR IS THE SENDING OF THREATENING OR HARASSING EMAIL.
H. ATTEMPTING TO IMPERSONATE OTHERS IS NOT PERMITTED.
I. ANY UNAUTHORIZED ATTEMPT TO ACCESS ANY COMPUTER SYSTEM OR DATA BANK IS PROHIBITED.
J. NETACCESS OF VIRGINIA WILL COOPERATE WITH THE APPROPRIATE LEGAL AUTHORITIES IN INVESTIGATING CLAIMS OF ILLEGAL ACTIVITY INCLUDING BUT NOT LIMITED TO ILLEGAL TRANSFER OR USE OF COPYRIGHTED OR OTHER PROTECTED MATERIAL, POSTINGS OR EMAIL CONTAINING THREATS OF VIOLENCE OR OTHER ILLEGAL ACTIVITY.
K. USERS AND VISITORS ARE AUTHORIZED TO VIEW NETACCESS OR VIRGINIA'S HOME PAGE AND PAGES WHICH LINK FROM OUR HOME PAGE SUBJECT TO THE TERMS OF THIS AGREEMENT. ONCE YOU LEAVE OUR DOMAIN, YOU ARE SUBJECT TO THE ACCEPTABLE USE POLICY OF THE EXTERNAL SITES YOU VISIT. VISITORS ARE EXPRESSLY PROHIBITED FROM POSTING DATA TO OUR SITE BY ANY MEANS OTHER THAN THOSE EXPRESSLY PROVIDED FOR THAT PURPOSE.

5. OWNERSHIP/COPYRIGHT
USER SHALL NOT UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHT WITHOUT THE EXPRESS PERMISSION OF THE OWNER OF THE PROPRIETARY RIGHT. THE BURDEN OF DETERMINING THAT ANY MATERIAL IS NOT PROTECTED BY PROPRIETARY RIGHTS RESTS WITH THE USER. USER SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHTS, PROPRIETARY RIGHTS OR ANY OTHER HARM RESULTING FROM THE SUBMISSION OF PROTECTED MATERIAL.

6. DISCLAIMER OF WARRANTY
A. USER ASSUMES SOLE AND TOTAL RESPONSIBILITY AND RISK FOR USER'S USE OF NETACCESS OF VIRGINIA'S SERVICE AND THE INTERNET. NETACCESS OF VIRGINIA MAKES NO WARRANTY WHATSOEVER AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NETACCESS OF VIRGINIA'S SERVICES OR THE INTERNET, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE INTERNET AND NETACCESS OF VIRGINIA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS THE USER'S SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESSAND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED ON THE INTERNET.
B. NETACCESS OF VIRGINIA'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY NETACCESS OF VIRGINIA, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NETACCESS OF VIRGINIA DOES NOR WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE INTERNET WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
C. NETACCESS OF VIRGINIA IS NOT RESPONSIBLE FOR SLOW CONNECT SPEEDS DUE TO PHONE LINE PROBLEMS OR CONDITIONS OF THE USER'S COMPUTER OR ITS COMPONENTS.

7. LIMITATION OF LIABILITY
A. UNDER NO CIRCUMSTANCES SHALL NETACCESS OF VIRGINIA, ITS EMPLOYEES, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S RELIANCE ON, USE OF OR INABILITY TO USE INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE NETACCESS OF VIRGINIA SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, FAILURE OF PERFORMANCE, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKOWLEDGES THAT NETACCESS OF VIRGINIA IS NOT LIABLE FOR THE DEFAMITORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. USER UNDERSTANDS THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH MAY BE OFFENSIVE TO SOME PEOPLE. USER ACCESSES SUCH MATERIALS AT USER'S OWN RISK. NETACCESS OF VIRGINIA HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
B. NETACCESS OF VIRGINIA IS NOT RESPONSIBLE FOR SERVICE INTERRUPTIONS BEYOND ITS CONTROL, INCLUDING ACTS OF GOD OR SERVICE INTERRUPTIONS BY ITS SUPPLIERS.

8. CONTENT AND CONFIDENTIALITY
A. NETACCESS OF VIRGINIA DOES NOT CENSOR CONTENT FOUND ON THE INTERNET OR IN EMAILS. THE CHOICE TO CENSOR CONTENT IS LEFT TO THE USER. CONTENT CENSORING TOOLS INCLUING BUT NOT LIMITED TO CYBER PATROL ARE AVAILABLE TO SCREEN A USER'S ACCESS TO MATERIAL CONSIDERED OFFENSIVE BY THE USER. IT IS THE USER'S RESPONSIBILITY TO MAKE USE OF SUCH TOOLS, IF DESIRED.
B. NETACCESS OF VIRGINIA EXERCISES NO CONTROL OVER THE CONTENT OF THE INFORMATION PASSING THROUGH OR TEMPORARILY STORED IN ITS SYSTEMS.
C. NETACCESS OF VIRGINIA EMPLOYEES, NETACCESS OF VIRGINIA AFFILIATES, CONTRACTORS OR THEIR EMPLOYEES MAY BE REQUIRED TO EXAMINE SYSTEM ACCOUNTING LOGS, RECORDS, FILES AND EMAIL TO FACILITATE OPERATION OF THE SYSTEM AND TO RESOLVE SYSTEM PROBLEMS. ALL CUSTOMER DATA SHALL BE TREATED IN A CONFIDENTIAL MANNER AND WOULD BE ACCESSED ON A MINIMAL BASIS. CUSTOMER DATA WILL ONLY BE RELEASED TO THOSE INDIVIDUALS AUTHORIZED BY THE USER OR UPON SERVICE OF A VALID COURT ORDER.
D. USE CONSTITUTES CONSENT TO GIVE THE RIGHT, BUT NOT THE OBLIGATION, FOR MONITORING AND REVIEW OF ALL USER'S ACTIVITIES BY NETACCESS OF VIRGINIA AND ITS AUTHORIZED REPRESENTATIVES. NETACCESS OF VIRGINIA MAY REFER ACTIVITY WHICH IT BELIEVES TO BE CONTRARY TO THIS AGREEMENT TO AUTHORIZED PERSONS, INCLUDING LAW ENFORCEMENT PERSONNEL.
E. ALL CONTENT INCLUDING BUT NOT LIMITED TO ANIMATIONS, ARTWORK, GRAPHICS, LOGOS AND TEXT ORIGINATED AND/OR REPRESENTED ON THE NETACCESS OF VIRGINIA WEB SITE AND ITS SUBSEQUENT DOMAINS ARE THE PROPERTY OF THE ORIGINATING ARTISTS, WEB DESIGNERS, AUTHORS AND ENTITIES WHO CREATED THEM.

9. INDEMNIFICATION
USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NETACCESS OF VIRGINIA, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITIES, COSTS, CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, RELATED TO OR ARISING OUT OF THE USE OF NETACCESS OF VIRGINIA'S SERVICES OR THE INTERNET BY THE USER OR OTHER ENTITY ACCESSING THROUGH THE USER'S ACCOUNT.

10. TERMINATION
A. NETACCESS OF VIRGINIA RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME FOR ANY REASON WITHOUT LIMITATION INCLUDING THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND THE USER'S ACCOUNT IN THE EVENT OF ANY CONDUCT BY THE USER WHICH NETACCESS OF VIRGINIA, IN ITS SOLE DISCRETION, CONSIDERS TO BE UNACCEPTABLE OR IN BREACH OF THIS AGREEMENT.
B. NETACCESS OF VIRGINIA RESERVES THE RIGHT TO TERMINATE USER'S ACCOUNT IF THE USER HAS PAST DUE CHARGES.
C. NETACCESS OF VIRGINIA HAS THE RIGHT TO DELETE ALL DATA, FILES OR OTHER INFORMATION THAT IS STORED IN THE USER'S ACCOUNT IF THE USER'S ACCOUNT HAS BEEN TERMINATED FOR ANY REASON.
D. THE PROVISIONS OF SECTIONS 6, 7 AND 9 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
E. NETACCESS OF VIRGINIA DOES NOT ISSUE REFUNDS FOR SERVICE TERMINATED BY NETACCESS OF VIRGINIA OR THE CUSTOMER.

11. MISCELLANEOUS
A. IF ANY ONE OR MORE OF THE TERMS IN THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE OR INVALID, THE REMAINDER OF THIS AGREEMENT SHALL NOT BE AFFECTED THEREBY.
B. THE SECTION HEADINGS USED IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY AND SHALL NOT BE GIVEN ANY LEGAL SIGNIFICANCE.
C. THIS AGREEMENT SHALL BE CONSTRUED, INTERPRETED AND ENFORCED ACCORDING TO THE LAWS OF VIRGINIA.

NETACCESS SERVICE GOALS:

We use every planning tool available to keep busy signals from occuring when you want to connect to NETACCESS OF VIRGINIA. However, due to the high usage during periods of inclement weather, holidays and special events, coupled with the outright abuse by some customers leaving their equipment connected and not actually using, we may experience brief busy conditions during the peak evening hours.

INTERNET USE HINTS:

Users wishing to download large files should do so at off peak times, because the sites supplying the files will not be as busy so that you can get better transfer rates.
© 2005 NETACCESS OF VIRGINIA