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This
agreement represents the complete agreement and understanding
between Net Thru and the account holder (hereinafter called
Customer) and supersedes any other written or oral agreement. Net
Thru may modify these terms and conditions, amplify them, and/or
modify the prices, as well as discontinue or change services
offered with or without prior notification.
If you do not agree to these terms and conditions, please notify
our Billing Department (billing@Net Thru) so we can initiate a
closure of your account. USE OF YOUR ACCOUNT shall constitute your
approval. We reserve the right to refuse service to anyone. |
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1. Net Thru makes no
warranties of any kind, whether expressed or implied, for the
service it is providing. Net Thru also disclaims any warranty of
merchantability or fitness for a particular purpose. Net Thru will
not be responsible for damages the customer suffers. This includes
loss of data resulting from delays, non-deliveries, misdeliveries,
or service interruptions caused by its own negligence,
subscriber's errors or omissions, or due to the fault of third
parties.
2. Services provided to the
Customer by Net Thru may only be used for lawful purposes.
Transmission or publication of any information, data or material
in violation of any Canada Federal or state regulation or law is
prohibited. This includes, but is not limited to, material
protected by copyright, trade secret or any other statute,
threatening material or obscene material, material that is with
“adult content” only. Net Thru reserves the right to remove any
and all materials which infringe on copyright work. Such materials
will be removed at any time upon receiving a complaint and or
notice of copyright infringement.
Pornography and Child pornography are prohibited, including:
sexual content, or direct links to adult content elsewhere. This
is applies for sites that promote any illegal activity, violence
or content that may be damaging to our servers or any other server
on the internet. Links to such material are also prohibited.
Examples of non-acceptable content or links are: Pornography,
Child Pornography, Hackers applications/archives, “Warez” sites,
proxy applications, torrents, torrents listings, spam
applications.
3. Customer agrees to
defend, hold harmless and expeditiously indemnify Net Thru from
any liability, claim, loss, damage or expense arising out of the
indemnifying party's breach or violation of any covenant contained
in this Policy and resulting from the Customer's use of the
service.
4. Net Thru accounts cannot
be transferred or used by anyone other than the subscriber.
Customers may not sell, lease, rent or assign accounts to any
party not named in this Policy.
5. Net Thru reserves the
right to cancel service for any reason without prior notice. In
case of cancellation, unused fees may be returned to the
subscriber on a pro-rata basis. Fees for domain name
registration/transfer, domain protection, site builder, SSL, and
IP are not refundable.
If a customer re-registers after Net Thru's cancellation of the
account without Net Thru's written consent, Net Thru will cancel
Customer's account and all dues and fees paid to date regardless
of whether service has been rendered will be forfeited.
Additionally, any amounts due will be immediately payable.
6. Domain name
registration/transfer, domain protection, site builder, setup fees
(if apply) are not refundable. A $12.00 license fee will be
deducted from all cancelled accounts that have activated their web
builders prior to the account expiration date, including the first
30 days of service. All specials/free optional services need to be
redeemed within the first 2 months (including: free domain
registration, SSL, static IP, domain ID protection)
7. Within the first 30 days
as a Net Thru customer, if for any reason you are not completely
satisfied with our hosting services, we will cancel your account.
Refunds for hosting services are not available. Refunds are not
available for renewal fees, upgrade fees, or for clients who had
previous accounts with us.
8. Additionally, CUSTOMER
agrees not to utilize the Net Thru service, equipment or email
address in connection with the transmission of the same or
substantially similar unsolicited message to 50 or more recipients
or eight or more newsgroups in a single day. Violating this clause
may result in service interruption or account cancellation.
9. Customer agrees not to
transmit, promote, or otherwise make available any software,
product or service that is either illegal or designed to violate
this Agreement. Such software, products or services include, but
are not limited to, programs designed to send unsolicited
advertisements (i.e. "spamware") and services which send
unsolicited advertisements.
10. Net Thru requires that
its agreements be made with a person who is qualified to contract.
As such, subscriber must be over the age of eighteen (18) years.
Otherwise, a parent or guardian must accept this agreement and
enclose the proper payment. Net Thru cannot accept payments from
persons who are not at least eighteen (18) years of age, nor can
we accept agreements from persons who are not at least eighteen
(18) years of age.
11. Customer shall ensure
that its use of Net Thru's network services shall not disrupt Net
Thru, its associated networks or equipment forming part of the
systems. Customer is responsible for the security of all files and
content installed under the hosting account and is required to
maintain any software installed to up to date version in order to
avoid security breaches. In instances in which an excessive amount
of system resources are utilized by a subscriber, Net Thru
reserves the right to place CPU process limits on the Customer's
account to prevent disruption of service to other customers.
Customers shall not transmit any communication where the meaning
of the message, or its transmission or distribution, would violate
any applicable law or regulation or would likely be offensive to
the recipient thereof. No message may be mass distributed,
"broadcast," or otherwise sent on an intrusive basis to any Net
Thru user or to any directly or indirectly attached network. Use
of Net Thru's connection in a manner that is disruptive, damaging,
unlawful, offensive, or intrusive as determined by Net Thru shall
be considered a breach of this Policy and may result in
cancellation of service. This prohibition extends to sending of
unsolicited mass mailings from another service which in any way
implicates the use of Net Thru's service, Net Thru's equipment or
any site hosted on any Net Thru network.
12. Customer warrants that
any material submitted for publication on Net Thru does not
violate or infringe any copyright, trademark, patent, statutory
common law or proprietary interest of others or contain anything
obscene or libelous. Net Thru reserves the right to remove any and
all materials which infringe on copyright work. Such materials
will be removed at any time upon receiving a complaint and or
notice of copyright infringement. All communications to/from
NetThru's personnel via e-ticket, email, and live chat are
confidential and property of Net Thru, and therefore can not be
disclosed or distributed without our written consent.
13. If Net Thru becomes
aware of material that could be infringing on a third party's
copyright, it will initiate an investigation. To conduct an
investigation of copyright infringement, the Complainant must
submit at least two items. First, Complainant must submit a claim
in writing with the applicable copyright or trademark registration
number and a copy of the underlying copyrighted work along with
the Customer's materials. Second, Complainant must offer a good
faith certification signed under penalty of perjury. This
certification must state that the work is the property of the
Complainant that the work has been copied and that use of the work
is not defensible. With this information in-hand, Net Thru, at its
discretion, may, at any time deny access to the challenged
material of Customer.
14. Use of other
organizations' networks or computing resources is subject to their
respective permission and usage policies.
15. For all new domains,
there is a yearly non-refundable registration fee. Net Thru will
automatically pay this fee as well as all annual non-refundable
renewal fees on your behalf while your Net Thru account is active
and current. These fees will appear on your billing statement
unless prior arrangements are made with our customer service
department.
16. Use of Net Thru's
hosting services could involve listing subscriber's participation
in relevant directories, and subscriber expressly grants
permission for such listings.
17. Hosting space is
intended for normal use only, and is limited to Web files, e-mail
and content of the hosted Web sites, not for storage of media or
other data nor for the sole purpose of mass email/solicitation.
Hosting space may not be used as offsite storage for electronic
files or for third party electronic mail or FTP hosts. You are
responsible for removing any files which do not meet these
requirements, and for adhering to any hosting space (disk usage)
limits allocated to your account(s). Failure to do so may result
in removal and deletion of such materials, and/or in
discontinuation of your services or account. MS SQL remote
management/connections: the provided remote connection interface
is to be used with the purpose of managing your MS SQL database
remotely and NOT for the purpose of using our MS SQL for remote
SQL storage for other sites/applications - violating this rule
will result in account suspension
18. Any party seeking to
report any other potential violations of this Agreement may
contact Net Thru via email at abuse@Net Thru.
19. Transferring your domain
to another provider does not constitute cancelling your Net Thru
account. You must notify Net Thru to formally cancel your account
with Net Thru to avoid further charges.
20.You must notify Net Thru
(email billing@Net Thru) to formally cancel your account with Net
Thru to avoid further charges. If you do not notify us we will
automatically renew your account for the next billing cycle - 1
month before the account expiration date. Orders received for
previously cancelled accounts will not be processed and accounts
will not be activated. Credit card or PayPal chargeback will
result in automatic cancellation and deletion of the customer's
account from our servers. A $15 re-activation fee will apply to
all suspended accounts due to non-payments of due fees
21. On occasion, Net Thru
may have a need to communicate with its customers through email
issues related to billing, as well as changes, additions and
modifications to the network. It is the responsibility of the
customer to check email sent to the primary login email address on
the account.
22. It is the responsibility
of the customer to contact Net Thru of any changes to their
account, such as phone number, address, credit card information,
etc. Customers will be required to provide verification for
security purposes authorizing them to make any changes to that
account. |
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Net Thru Copy Rights 2009 All rights reserved |
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