"Policy Statement"
WHEREAS, NETstat Associates, is an information provider connected to the Internet. NETstat Associates offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Client seeks to utilize NETstat Associate's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, NETstat Associates can make no guarantee that any given visitor shall be able to access NETstat Associate's server at any given time. NETstat Associates represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
NETstat Associates shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or NETstat Associate's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. NETstat Associates expressly limits its damages to the Client for any non-accessibility time or other down time to the prorata monthly charge during the system unavailability. NETstat Associates specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access NETstat Associates. NETstat Associates makes no representations, warranties or assurances that the Customer's equipment will be compatible with the NETstat Associates service.
The Customer certifies that he or she is at least 21 years of age.
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of NETstat Associates may not be used to impersonate another person or misrepresent authorization to act on behalf of others or NETstat Associates. All messages transmitted via NETstat Associates should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting Users may not utilize NETstat Associate's network resources to perform, be the target of, or in any way be involved in mass-mailing or "spamming" of any kind. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
This Agreement may be terminated by either party, without cause, by giving the other party 5 days written notice. In such event, the canceling party will be required to pay to other party an amount equal to the unused portion of service excluding any setup charges. Notwithstanding the above, NETstat Associates may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.
Client may only use NETstat Associate's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets. NETstat Associates expressly forbids anyone from using NETstat Associate's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, pornographic material, or advocating the use of violence against any group or individual or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the NETstat Associates management.
Client agrees that it shall defend, indemnify, save and hold NETstat Associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against NETstat Associates, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless NETstat Associates against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with NETstat Associate's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on NETstat Associates Server.
Client acknowledges and agrees that this Policy Statement on the registration and use of data storage accounts may change from time to time and that, upon thirty (60) days posting on the Internet at: http://www.netstat.com/netstatweb/ntpolicy.html, NETstat Associates may modify or amend the terms of this Policy Statement.
The NETstat Associates service is provided "as is" and no warranties, express or implied, are made as to its fitness for any particular purpose.