Internet Service Agreement
1. Introduction. NoCharge/NCPlus provides its Internet services ("Services") to users who pay a monthly service fee to subscribe to the Services ("Customers") as well as to those who access some Services at no charge ("Users"). By establishing an account or using the Services, Customers and Users agree to be bound by this Agreement and these terms and conditions and to use the Service in compliance with this Agreement and our
Privacy Statement, and other policies described on our website. If you as a Customer or a User do not agree to these terms and conditions, including any future revisions, you may not use the Services and if you are a current User or Customer you must terminate your use of the Service.
2. General. Rates and charges for Services are available at the NCPLUS.net website, http://www.NCPlus.net, by clicking on the appropriate product heading, then clicking "Rates". Read the FAQ's for other important information on the services. NCPlus reserves the right to change prices, institute new fees, and change Service offerings at any time. NCPlus will give Customers 30 days prior notice via email of changes to the Customer's current Service fees. Of course if Customer has pre-paid for a 6 month or a 12 month term of service then NCPlus will not change the monthly rates until such term has expired. Local access dial-up numbers may not be available in all areas and NoCharge/NCPlus reserves the right to change and/or limit such availability and dial-up numbers. Customers/Users are solely responsible for determining if use of a particular dial-up number will cause them to incur long-distance, toll, or other charges. NoCharge/NCPlus is not responsible for any long-distance, toll or other telecommunications charges Users/Customers incur.
3. Payment Obligations of Customers. Monthly Service fees are due in advance for that month's service. Processing charges may apply if credit card or check or other payment is declined. Interest will be charged at the rate of 18% per annum on overdue charges plus reasonable cost of collections, including legal fees. If Customer has pre-paid for a 6 month or 1 year term of service at a discounted rate, then Customer must complete the full term of service to receive the discounted rate. If the service is cancelled before the end of the 6 month or 1 year term, the full monthly rate will apply for every month of service used plus any costs for additional services purchased, and the rest of the pre-paid amount will be refunded to Customer. Applicant's submission, via the Internet, by fax or mail, of this Application attests to financial responsibility, ability and willingness to pay invoices within the stated terms and conditions. Service will be rendered subject to credit approval. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date and adjustments will not be made for charges that are more than 60 days old. If the credit card or other form of payment is denied or not received, service may be disabled immediately, however, charges will continue to accrue until the account is canceled.
a) Credit Card Customers. Charges are billed to Customers' credit card each month for the Service. NCPlus is not responsible for any charges or expenses (e.g. overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by NCPlus. Charges will continue to be billed until the NCPlus account is cancelled.
b) Check Customers. If paying by check, payments are due within 7 days after the charges are incurred. NCPlus will send Customers a reminder email that payment is due for the next month's service and such payment shall be due within 7 days.
4. Term of Agreement. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies or practices, your sole and exclusive remedy is to discontinue using the Services and if you are a Customer, to terminate your account.
5. Termination by Customers. Customers need to tell NCPlus when they want to terminate an account - if you don't let us know charges will keep being incurred! Customers may terminate their account at any time and for any reason by sending an email to: email@example.com or sending written notice to NCPlus
300 Queen Anne Avenue North #613, Seattle WA, 98109 or via Fax: Local: 206.337.0201; TollFree: 800.273.5231 or calling CS Local: 206.337.0202
TollFree: 800.259.4034. Please make sure that NCPlus actually receives the termination request - if sending regular mail, follow it up with an email. Termination will be effective upon the start of the next billing cycle from the cancellation request date. Refunds for partial months of service used will not be made. If Customer's account included space on NCPlus' servers, anything stored on this space will be deleted upon termination.
6. Termination by NoCharge/NCPlus. Without prior notice, NoCharge/NCPlus may terminate this Agreement, User/Customer's password, Customer's account, or the use of the Services, for any reason, including, without limitation, if NoCharge/NCPlus, in its sole discretion, believes User/Customer has violated this Agreement, or any of the applicable user policies, or if Customer fails to pay any charges when due. NCPlus may provide termination notice by email addressed to Customer's email account.
7. After Termination. The provisions of Sections 3,10, 12 & 14 of this Agreement shall survive termination of this Agreement.
9. Customer Account, Password & Security. Upon registration, Customers receive a username, password, and account designation. You and members of your household are the only authorized users of your NCPlus account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify NCPlus immediately upon discovering any unauthorized use of your account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Customer's allotted email space may, at NCPlus' discretion, be transferred to a compressed temporary file or storage. NCPLus may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Customer may be suspended until the Customer reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Customer will be billed for excess traffic.
10. Disclaimer of Warranties and Limitation of Liability. NoCharge/NCPlus DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET OR TRANSMITTED THROUGH ITS ACCOUNTS OR NETWORK. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO Users/Customers. NoCharge/NCPlus HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. User/Customer ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. NoCharge/NCPlus DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NoCharge/NCPlus MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH NoCharge/NCPlus OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY NoCharge/NCPlus OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. NoCharge/NCPlus AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM Customer's/User's USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, NoCharge/NCPlus' CUMULATIVE LIABILITY TO ANY User/Customer FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.
11. Acceptable Use Policy. User/Customer agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data. The Services may only be used for lawful purposes. User/Customer is expressly prohibited from using the Services to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. User/Customer may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right holder. Customer/User further agrees to abide by the terms of NoCharge/NCPlus's Acceptable Use Policy.
12. Indemnification. User/Customer shall defend, indemnify and hold harmless NoCharge / NCPLUS.net, its officers, directors, employees and agents from any breach of this Agreement, use of Applicant's account or in connection with the placement or transmission of any message, information, software or other content using the Services. NoCharge / NCPLUS shall give notice of any such claim, action or demand within a reasonable time. NoCharge / NCPLUS shall be defended by attorneys of their choice at User/Customer's expense.
13. Headings. The headings of the sections of this Agreement are inserted solely for convenience and are not intended to be part of, or affect the interpretation or meaning of this Agreement.
14. Law & Arbitration. This Agreement shall be governed by and construed in accordance with Washington State law. Any controversy or claim between the parties arising out of or related to this Agreement shall be settled by arbitration before a single arbitrator under the then current rules of the Washington Arbitration and Mediation Service (WHAMS). The arbitration shall be held in Seattle, Washington. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof.
15. Severability. If any provision or portion of this Agreement shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of this Agreement that can be given effect without the invalid provision or portion, and, to this end, the provisions or portions hereof are severable.
16. No Waiver. The failure of either party at any time, or from time to time, to require performance of any obligation under this Agreement shall in no manner affect the right of either party to enforce any provision of this Agreement at a subsequent time and shall not be construed as a waiver of any subsequent breach of that same provision.