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TERMS & CONDITIONS SUMMERY
You must be an active user of both your email address and our
search engine. You must either make us your homepage or visit our
web site at least once per week to stay an active member. We
enforce this by invaliding the username you use to logon to the
Internet with. You must update your login username with us once
per week or you might find yourself without a method of signing onto
the Internet.
Important Note: You are solely responsible for choosing access
numbers that are local to you. We recommend that you contact your
local telephone company to confirm that the numbers that are
selected for your modem are local numbers. NationalISP.cc will not
reimburse you for any long distance phone charges incurred.
NationalISP.cc Services and NationalISP.cc Site Terms and
ConditionsBY CLICKING ON THE "I ACCEPT" BUTTON AND
DOWNLOADING OR USING ANY OF NationalISP.cc SERVICES
(INCLUDING, WITHOUT LIMITATION, THE NationalISP.cc
INTERNET ACCESS SERVICES, THE RELATED SOFTWARE,
EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY OF
THE WEB SITES MANAGED OR OWNED BY NationalISP.cc
(COLLECTIVELY, THE "NationalISP.cc SERVICE OR SERVICES")),
YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND
PRIVACY STATEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND
PRIVACY STATEMENT YOU SHOULD CLICK ON THE "I
DECLINE" BUTTON AND DISCONTINUE YOUR USE OF THE
NationalISP.cc SERVICES. YOUR NationalISP.cc ACCOUNT WILL
NOT BE ACTIVATED OR YOUR SERVICE WILL BE
TERMINATED.
PLEASE READ THESE NationalISP.cc SERVICE AND
NationalISP.cc SITE TERMS AND CONDITIONS ("TERMS AND
CONDITIONS"), THE ACCEPTABLE USE GUIDELINES FOR
NationalISP.cc SERVICES AND THE NationalISP.cc SITE
("GUIDELINES"), THE NationalISP.cc SOFTWARE LICENSE
AGREEMENT ("LICENSE AGREEMENT") AND NationalISP.cc'S
PRIVACY STATEMENT ("PRIVACY STATEMENT") BEFORE
REGISTERING FOR AN ACCOUNT WITH NationalISP.cc, INC.
("NationalISP.cc") OR USING THE NationalISP.cc WEBSITE
("SITE"). THESE TERMS AND CONDITIONS, GUIDELINES,
LICENSE AGREEMENT AND PRIVACY STATEMENT MAY ALSO
BE REFERRED TO COLLECTIVELY AS THE "RULES".
The Terms and Conditions, Guidelines, License Agreement and
Privacy Statement may be found at the NationalISP.cc Site at:
http://www.NationalISP.cc.com/
If at any time you do not agree to be bound by these Rules you
should immediately end your use of NationalISP.cc Services.
NationalISP.cc may change the Rules and the scope of the
NationalISP.cc Services, in whole or in part, at any time. Such
changes will be posted on the NationalISP.cc Site and such posting
will constitute notice to you. Links to the Rules can be found on the
NationalISP.cc Site's Home Page, located at
http://www.NationalISP.cc.com/. Each time before using the
NationalISP.cc Services, you agree to review changes to the Rules
and, if any change is not acceptable to you, you agree to terminate
use of NationalISP.cc Services. Your continued use of
NationalISP.cc Services after the posting of any such change
constitutes your acceptance of all the changes.
1.0 General
NationalISP.cc reserves the right to prohibit any conduct or to
remove any materials or content in violation of the Rules or which
NationalISP.cc believes in its sole discretion to be illegal or potentially
harmful to others or may expose NationalISP.cc to harm or liability.
NationalISP.cc may suspend or terminate your use of NationalISP.cc
Services for any reason, including if it determines that you have
failed to comply with any of the Rules. NationalISP.cc reserves the
right to take or terminate the use of any user name or email address
at any time.
2.0 NationalISP.cc's Obligations
* NationalISP.cc Services. Subject to the Rules, and such other
regulations that NationalISP.cc may adopt from time to time,
NationalISP.cc will provide you with Internet access services.
NationalISP.cc retains the right to change, suspend or terminate your
use of the NationalISP.cc Service at any time for any reason, without
notice, and nothing herein shall be construed to limit that right.
* Collection and Use of Personal Information. NationalISP.cc will
collect, store, compile and utilize information about you, your
computer, your phone number and your use of the NationalISP.cc
Services including, without limitation, information regarding the Web
sites you visit and information that you provide in response to
NationalISP.cc questionnaires, surveys and registration forms.
NationalISP.cc may provide this information to third parties including
advertisers, clients, marketing organizations and others. However,
NationalISP.cc will not disclose your name, address, telephone
number, credit card number(s), e-mail addresses or other personal
identifying information, unless you give NationalISP.cc consent to do
so or except as may be required by law. Please refer to the Privacy
Statement for the NationalISP.cc privacy policies and information
practices.
3.0 Your Obligations
* Completion of NationalISP.cc Questionnaires, Surveys and
Registration Forms. In exchange for NationalISP.cc providing the
NationalISP.cc Services, you agree to provide NationalISP.cc with
accurate and complete information it may request, from time to time,
through questionnaires, surveys and registration forms.
* Charges and Billing. By using the NationalISP.cc Services, you
agree to accept the fees you may incur as a result of using
YOU ARE RESPONSIBLE FOR ALL LOCAL AND/OR LONG
DISTANCE TELEPHONE CHARGES INCURRED IN
CONNECTION WITH YOUR USE OF NationalISP.cc SERVICES.
YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY
NationalISP.cc AND BY YOUR TELEPHONE SERVICE PROVIDER
FOR ALL CALLS YOU MAKE TO NationalISP.cc'S CUSTOMER
SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE
SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS
TELEPHONE NUMBERS YOU USE TO ACCESS THE
NationalISP.cc SERVICES ARE PROVIDED AT NO CHARGE BY
YOUR TELEPHONE SERVICE PROVIDER.
You may obtain pricing information for supplemental services or
features, as well as answers to common billing questions by going to
the NationalISP.cc Web site.
* Minors. If you are less than 18 years old but older than 12 years
old, you should obtain your parent's permission to use the
NationalISP.cc Services. If you are less than 13 years old, you are
not allowed to use the NationalISP.cc Service without providing
NationalISP.cc with your parent's consent in the form required by
NationalISP.cc. Parents may read further information and obtain the
Parental Consent Form by going to our Privacy Statement section
entitled "Special Notice to Parents About Children Under Age 13." If
you are a parent permitting a minor to use NationalISP.cc Services,
you agree to (i) exercise supervision over the minor's use of
NationalISP.cc Services and access to the Internet, (ii) assume all
risks associated with the minor's viewing of content received through
use of NationalISP.cc Services and the minor's transmission of
materials, content, or information to another person via the Internet,
(iii) assume any and all liabilities resulting from the minor's use of
NationalISP.cc Services, includin
g any and all payment obligations, and (iv) ensure to the fullest
extent possible the accuracy and truthfulness of all information
submitted by the minor in response to NationalISP.cc questionnaires,
surveys and Registration Forms. NationalISP.cc provides information
on the NationalISP.cc Site regarding parental control software
available through various third party vendors, but you should know
that such software is not completely effective in preventing minors'
access to material that is unsuitable for children. NationalISP.cc does
not endorse any of these third parties and makes no representation
as to them or their software.
* Registration Information. You must register for NationalISP.cc
Services using your own name. During registration, you will be asked
to provide the name or number you wish to use as your login
identification. If the login identification you request is not available
you will be asked to supply another login identification.
NationalISP.cc reserves the right to verify the accuracy of the
information you submit in connection with your registration for
NationalISP.cc Services (including, without limitation, performing
cross tabulations with external databases) and you hereby consent
to NationalISP.cc's verification of such information.
* Bypassing or Disabling Any Portion of the NationalISP.cc Services
or Software. If you bypass or disable any portion of the
NationalISP.cc Services or software, including, without limitation, the
blocking of cookies, or blocking the operation of the ZeroPort, or
you attempt to circumvent NationalISP.cc's billing of you in any way,
you are in violation of these Terms and Conditions and we may
suspend or terminate your use of NationalISP.cc Services without
notice. Termination of your NationalISP.cc Services will not excuse
you from any criminal or other civil liabilities that may result from your
actions. If your NationalISP.cc Services is terminated for any reason
you will be unable to access any undelivered email messages in your
NationalISP.cc email account.
* Accessing NationalISP.cc Services. You are responsible for
obtaining and maintaining, at your own expense, all input/output
devices or equipment (such as modems, terminal equipment,
computer equipment and software) and communications services
(including, without limitation, long distance or local telephone
services) necessary to access the NationalISP.cc Services and for
ensuring such equipment and services are compatible with
NationalISP.cc's requirements.
* Use of your NationalISP.cc Account. You are responsible for all use
of your NationalISP.cc Services and for the security of your login
identification, your password and any security lock code that you
use to protect access to your data, NationalISP.cc personal profile,
your file name(s) and files, network and user access, and any
information you disseminate through use of NationalISP.cc Services
or through other Internet services. You may not transfer or permit any
other person to use your NationalISP.cc account. You may not use
more than one login session at a time, even if you maintain more
than one NationalISP.cc account.
* No Resale of NationalISP.cc Services and NationalISP.cc Site. The
NationalISP.cc Services are for personal use of registered users only
and may not be copied, resold, leased, transferred, exchanged or
bartered. If you accessed the NationalISP.cc Services through a
CD-ROM disc or diskette, you may give the disc or diskette to friends
and family, but you may not sell it or copy it.
* Transmission and Receipt of Content. NationalISP.cc exercises no
control over the content of information passing through its network or
equipment. Disputes may arise between you and others or between
you and NationalISP.cc related to such content or commerce. Such
disputes could involve, among other things, the use or misuse of
domain names; the infringement of copyrights, trademarks or other
rights in intellectual property; defamation; fraud; the use or misuse of
information; and problems with online auction or commerce
transactions. You agree that all claims, disputes or wrongdoing
which result from, or which are related in any way to, the content of
information that you transmit, re-transmit or receive through
NationalISP.cc's network or equipment are your sole and exclusive
responsibility.
* Email. You may not incorporate a third party's trademark within your
NationalISP.cc email address without permission of the trademark
owner. Files attached to email messages may not exceed 3
megabytes and NationalISP.cc shall have no obligation to transmit
files exceeding 3 megabytes attached to email messages transmitted
to or from your account. Your mailbox account storage may not
exceed 5 megabytes and NationalISP.cc shall have no obligation to
allow your account to exceed 5 megabytes. Once your mailbox
account storage reaches 5 megabytes you will not receive any
additional email messages and NationalISP.cc may, without notice,
terminate your NationalISP.cc email service and delete any or all
email stored in your mailbox account. If your NationalISP.cc Services
or NationalISP.cc email service is terminated you will be unable to
access any email messages in your NationalISP.cc email account.
NationalISP.cc may, from time to time, place a message and or a
hypertext link geared to promoting the benefits of NationalISP.cc
Services or a third party sponsor in the footer location of outgoing
email messages transmitted from your account. You agree to permit
NationalISP.cc to include such messages or links in email messages
you transmit and agree not to alter, obscure or remove such
messages or links.
* Links to Third Party Sites. The NationalISP.cc Service contains
links to other sites on the Internet that are owned and operated by
third parties. In some instances these sites are co-branded and the
third parties are entitled to use NationalISP.cc's name and logo on
these sites. NationalISP.cc does not control the information,
products, or services on these third party sites. The inclusion of any
link does not imply endorsement by NationalISP.cc of the site or any
association with their operators. Because NationalISP.cc has no
control over such sites and resources, you agree that NationalISP.cc
is not responsible or liable for the availability or the operation of such
external sites, for any material located on or available from any such
sites, or for the protection of your privacy data by third parties. Any
dealings with or participation in promotions of advertisers on our
service, including the payment and delivery of related goods or
services, and any other terms, conditions, warranties, or
representations as
sociated with such dealings or promotions, are solely between you
and the advertiser or other third party. You further agree that
NationalISP.cc shall not be responsible or liable, directly or indirectly,
for any loss or damage caused by the use of or reliance on any such
material available on or through any such site or any such dealings
or promotions.
* Indemnification of NationalISP.cc. YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD NationalISP.cc AND ITS SPONSORS,
PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND
COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF
OR RELATING TO YOUR BREACH OF ANY OF THESE RULES
OR USE (BY YOU OR ANY THIRD PARTY) OF NationalISP.cc
SERVICES THROUGH THE NationalISP.cc ACCOUNT ASSIGNED
TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY
RESULT FROM NationalISP.cc'S OWN NEGLIGENCE. THE
FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE
ANY TERMINATION OF NationalISP.cc SERVICES PROVIDED TO
YOU.
4.0 Warranty Disclaimers
YOU ACKNOWLEDGE THAT NationalISP.cc SERVICES ARE
PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY
OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY WITH RESPECT TO THE QUALITY,
PERFORMANCE OR FUNCTIONALITY OF THE NationalISP.cc
SERVICES OR WITH RESPECT TO THE QUALITY OR
ACCURACY OF ANY INFORMATION OBTAINED FROM OR
AVAILABLE THROUGH USE OF NationalISP.cc SERVICES OR
THAT NationalISP.cc SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. NationalISP.cc DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A
PARTICULAR PURPOSE , MERCHANTABILITY OF COMPUTER
PROGRAMS AND INFORMATIONAL CONTENT.
5.0 Limitation of NationalISP.cc's Liability
IN NO EVENT SHALL NationalISP.cc BE LIABLE UNDER ANY
SECTION OF THESE TERMS AND CONDITIONS OR UNDER
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST
PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR
LOSS OF BUSINESS GOODWILL OR OPPORTUNITY)
WHETHER OR NOT NationalISP.cc HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES. NationalISP.cc
SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN
NO EVENT SHALL NationalISP.cc'S LIABILITY TO YOU EXCEED
THE GREATER OF ONE DOLLAR ($1.00) or any amounts actually
paid in cash by you to NationalISP.cc. NO ACTION, REGARDLESS
OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE
NationalISP.cc SERVICES MAY BE BROUGHT BY YOU OR
NationalISP.cc MORE THAN ONE (1) YEAR AFTER THE EVENT
WHICH GAVE RISE TO THE CAUSE OF ACTION HAS
OCCURRED. Some jurisdictions do not allow a limitation on li
ability for negligence that causes death or personal injury and, in
such jurisdictions, NationalISP.cc's liability shall be limited to the
greatest extent permitted by law.
6.0 Policy to Terminate Use of Services for Copyright Infringement
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital
Millennium Copyright Act, NationalISP.cc will terminate the account
of any subscriber who uses his or her account privileges to
unlawfully transmit copyrighted material without a license, valid
defense or fair use privilege to do so. After proper notification by the
copyright holder or its agent to NationalISP.cc and later confirmation
through court order or an admission by the subscriber that an
account has been an instrument of unlawful infringement,
NationalISP.cc will terminate the infringing subscriber's account.
NationalISP.cc may also in its sole discretion decide to terminate a
subscriber's account privileges prior to that time if it has good faith
belief that infringement has occurred. In addition, pursuant to 17
U.S.C. § 512(c), NationalISP.cc has implemented procedures for
receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. NationalISP.cc
respects the intellectual property of o
thers, and we ask our subscribers to do the same.
If you believe that your copyright has been infringed through the use
of a NationalISP.cc account, please contact Anthony DeToro, Esq.
via mail at:
Anthony DeToro, Esq. - NationalISP.cc, Inc. 2555 Townsgate Road,
Westlake Village, CA 91361
7.0 NationalISP.cc Shopping Mall Accounts
* Your Account. You may create a no-minimum balance
NationalISP.cc Shopping Mall Account ("Account") at no charge
using your personal e-mail address. You may add money to your
Account by sending a check or money order to NationalISP.cc or
RocketCash as indicated in the NationalISP.cc Shopping Mall, by
using a credit card, or by purchasing appropriate NationalISP.cc gift
certificates. Money may also be added to an Account through your
participation in special promotional offers. Any money added to your
Account by NationalISP.cc as a result of your participation in a
NationalISP.cc promotional offer may be subject to an expiration date
as defined in the promotional offer and will be removed by
NationalISP.cc from your Account if such money is not used prior to
the expiration date. NationalISP.cc gift certificates also may be
subject to an expiration date as defined on the individual certificate
and will not be redeemable in cash or its cash value after the
expiration date. California, Hawaii, Massachusetts, and New Ham
pshire residents are exempt from any expiration date noted on
NationalISP.cc gift certificates purchased with a check, money order
or credit card.
* Service Fee. A service fee may be charged to your Account if such
Account remains inactive for a period of 365 days or more.
* RocketCash. RocketCash is a wholly-owned subsidiary of
NationalISP.cc, Inc. Your NationalISP.cc Shopping Mall Account is
powered by RocketCash and is separate and unique from any
RocketCash Accounts you may have. RocketCash Accounts may
not be combined with NationalISP.cc Shopping Mall Accounts.
8.0 Miscellaneous
* Liability Limitation. NationalISP.cc shall not be liable for
nonperformance or delay in performance caused by any reason,
whether within or outside of its control.
* Entire Agreement. These Rules (as may be modified by updated
Rules on the NationalISP.cc Site) together constitute the sole
agreement between NationalISP.cc and you respecting the subject
matter hereof and fully supersede any and all other agreements,
either oral or in writing. You acknowledge and agree that you have
read the Rules and understand and accept their terms.
* Legal Actions. These Rules will be governed by and construed in
accordance with the laws of the State of California, excluding its
conflict of laws principles. The exclusive personal jurisdiction of and
venue for all disputes arising out of these Rules shall be the state
and federal courts located in Los Angeles, California, USA and you
consent to such exclusive jurisdiction and waive all objections to
such jurisdiction and venue.
* Severability. If any provision of these Rules is held to be
unenforceable for any reason, such provision shall be reformed only
to the extent necessary to comply with applicable laws, and the
remainder shall remain in full force and effect.
* No Waiver. Any failure of NationalISP.cc to enforce any provision
of these Rules shall not constitute a waiver of any rights under such
provision or any other provision of these Rules.
9.0 How to Contact Us
Specific questions about these Rules should be directed to:
support@NationalISP.cc.com. A list of ways to contact
NationalISP.cc is available at http://www.NationalISP.cc.com/.
© Copyright reserved NationalISP.cc, Inc .
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