NetRocket agrees to provide you ("User")
with services ("Service") set forth
on your Signup subject to User's compliance with
the Service Agreement below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING
THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE
AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
NetRocket exercises no control whatsoever over
the content of the information passing through
NetRocket's system. Use of any information obtained
via NetRocket is at User's risk. Neither NetRocket
nor any of its affiliates, its licensers, its
contractors or their respective employees warrant
that the Service will be uninterrupted or error
free; nor does NetRocket make any warranty as
to the results from use of the Service.
THE SERVICE IS 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, NONINFRINGEMENT,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE
OR INFORMATION GIVEN BY NetRocket, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER NetRocket
NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS
OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR
THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL
ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES,
CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL
COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NetRocket, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE
OF OR INABILITY TO USE THE SERVICE OR TO ACCESS
THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE
ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE
PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION
OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE
OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN THE EVENT NetRocket IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT,
NetRocket LIABILITY SHALL BE LIMITED TO THE UNUSED
BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED
TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with
any terms, conditions, rules, policies, guidelines
or practices of NetRocket in operating the Service,
User's sole and exclusive remedy is to discontinue
using the Service.
Indemnification
Notwithstanding anything to the contrary herein
contained, User agrees to indemnify and hold NetRocket,
its affiliates, its licensers, its contractors
or their respective employees harmless against
any and all liability, loss, claim, judgment,
damage and expense including without limitation
attorney's fees and cost of litigation) incurred
or suffered by NetRocket, its licensers, its affiliates,
its contractors, or their respective employees
as the result of any and all use of User's account
whether authorized or not authorized or as a result
of the negligence, willful misconduct, or breach
of any of the terms of this Agreement by User,
including but not limited to claims, liabilities,
losses, damage, judgment and expense which arise
out of alleged injury or death of any person or
damage to property of every kind and description.
User shall promptly notify NetRocket in writing
of any claim of which it is obligated under this
indemnity. User shall have the right to assume
the defense of any such claim. User and NetRocket
shall confer as to and agree on the legal counsel(s)
to be selected in any such defense.
Age Limit
User represents to NetRocket that he or she is
18 years of age or older. User understands that
certain materials available from Service provided
under the terms of this Agreement may not be suitable
for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited
materials some of which are sexually explicit
or may be offensive. User accesses such materials
at his or her own risk. NetRocket has no control
over and accepts no responsibility whatsoever
for such materials
CONTENT LINKED TO THIS SITE
You should be aware that when you are on this
Site, you could be directed to other sites that
are beyond NetRocket's control. There are links
to other sites from Site pages that take you outside
of NetRocket's service. For example, links from
partners that may use NetRocket's logo as part
of a co-branding agreement. These other sites
may send their own cookies to users, collect data,
solicit personal information, or contain information
that you may find inappropriate or offensive.
In addition, advertisers on this Site may send
cookies to users that NetRocket does not control.
NetRocket reserves the right to disable links
from third party sites to this Site.
NetRocket makes no representations concerning
the content of sites linked to this Site. Consequently,
NetRocket cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality or decency
of material contained in sites linked to this
Site.
Please keep in mind that whenever you give out
personal information online --- for example, that
information can be collected and used by people
you don't know. While NetRocket strives to protect
your personal information and privacy, NetRocket
cannot guarantee the security of any information
you disclose online; you make such disclosures
at your own risk.
LINKS TO OTHER MATERIALS
The linked sites are not under the control of
NetRocket and NetRocket is not responsible for
the content of any linked site or any link contained
in a linked site. NetRocket reserves the right
to terminate any link or linking program at any
time. NetRocket does not endorse companies or
products to which it links and reserves the right
to note as such on its Web pages. If you decide
to access any of the third party sites linked
to this Site, you do this entirely at your own
risk.
GENERAL
NetRocket may revise these Terms at any time
by updating this posting. You should visit this
page from time to time to review the then-current
Terms because they are binding on you. Certain
provisions of these Terms may be superseded by
expressly designated legal notices or terms located
on particular pages on this Site.
Billing Policy
Payment is due in advance. In the event a customer's
account is past due or a recurring credit card
charge is not accepted or a check declined by
Customer's bank, NetRocket will notify Customer
of billing problem by email. NetRocket will not
be responsible for receipt of email by Customer.
It is Customer's sole responsibility to keep abreast
of timely payment for NetRocket's services. Failure
of Customer to rectify billing problems nor enable
NetRocket to collect balances due or outstanding
charges within specified periods after email is
sent by NetRocket notifying Customer of problem,
or inability of NetRocket to collect balances
due may result in suspension or cancellation of
Customer's services until rectified, and/or revocation
of Customer's Service Agreement.
Details:
2nd day of non-payment after due date - suspension
(with internet, without email)
7th day of non-payment after due date - closed
until paid (without internet, without email)
12th day of non-payment after due date - closed
(account has to be reactivated with $10 reactivation
fee)
Customer's credit cards would be charged on their
anniversary dates. This is the date they signed
up for the service. Invoices and/or bills will
be release through email 15 days before the due
date. Example: If you signed up on the 15th of
August, your billing date would be every 15th
of the month and so on.
*Note: Special payment is negotiable. Email us
at billing@netrocket.biz
Special payment rates would need to have a written
authorization/agreement between the customer and
NetRocket.biz.
Credit Card Users
Credit card customers will receive an email notice
stating the amount charged to his/her credit card.
If the credit card cannot be processed due to
credit declined, call issuer, invalid card, etc.
a $2 administrative charge will be added to your
bill, invoice or balance due.
*Note: The $2 will be charged to your account
for each failed/declined attempt in charging your
credit card.
NetRocket will not be responsible for any telephone
company charges (voice or data) resulting from
use of NetRocket's system or network accessing
users account. Customer is responsible of making
sure that the access number they are using is
a local access number for them.
Charges not disputed within 60 days are considered
valid and legitimate. We only accept checks/money
order payments for advance payments modes. For
other payment modes, please contact us.
Cancellation
Customers are required to notify NetRocket in
writing via email to billing@NetRocket.biz of
account cancellation. Cancellation notice must
include Customer's username, Customer Name, reason
for cancellation, and telephone number where customer
can be reached to confirm cancellation. Such notice
will only be honored upon receipt. Customer should
verify receipt of cancellation notice with NetRocket
by contacting NetRocket support and receiving
acknowledgement of cancellation notice.
Monthly service charges will not be pro-rated
on the month of cancellation.
Dispute Procedure
All refunds must be approved and processed by
the accounting department after intensive investigation.
Refunds will be processed within fourteen (14)
days of receipt of your request if there is no
dispute.
NetRocket requires fourteen (14) days to investigate
billing and payment disputes. During such time
NetRocket will not take any action against customer
if it appears that a good faith dispute exists.
If a dispute involves a bank or credit card payment
and a refund is due the refund will be credited
directly to the issuing bank or credit card source.
Due Date and Late Payment
If an existing customer's account is not fully
paid within two days after their anniversary date
in which fees are due, NetRocket may suspend Customer's
account.
If no payment is made by customer within thirty
(30) days after due date all information in client's
database and/or account may be deleted. Payment
due will be forwarded to the collections agency.
If client wishes to re-establish service again
he/she must re-apply as a new user or pay the
reactivation fee of $10.
Refunds
NetRocket does not offer pro-rated refunds. But
in some circumstances a refund may be given to
customer. This is if and when after thorough investigation
by the company's Accounting department, it is
proven that the refund request is a valid one.
For every valid refund request: NetRocket has
the right to charge the customer $5 for administrative
fee, bank charges, and processing fee incurred
by the company from the cancellation.
Refund requests due to services not used will
not be approved. Customers are advised to call
for technical assistance if they are having technical
problems. No refunds will be given to technical
issues that can be remedied.
Charge Backs
Clients who filed an invalid/wrong charge back
will be charged $25 per transaction.
Payment Mode
In cases which customer wishes to request a special
billing of payment mode, he/she needs to send
an email confirmation to billing@netrocket.biz
as authorization of the request.
* Changes and modifications in this billing policy
are updated in the website. It is the customer's
obligation to visit the website, www.NetRocket.biz
for more billing updates.
Right to Cancel
NetRocket reserves the right to cancel Service
for any reason without prior notice. Pre-paid
service is non-refundable. NetRocket will not
refund any setup, sign up, or handling fees. Cancellations
after the first of the month will be charged for
that month. User must notify NetRocket via e-mail
or in writing to cancel Service. Cancellations
shall not be honored by Telephone.
Non-transferable
The right to use the Service is not transferable.
Accounts are for User's use only. User shall be
responsible for the confidentiality of User's
password. Loaning User's account to others, connecting
a system used by multiple persons, group use of
use log-ins, and consuming more than one modem
line are explicitly prohibited. If User has multiple
accounts, then User shall be limited to one log-in
session per system account at any time. Violation
of those terms shall constitute theft of Service
and may be prosecuted under civil and criminal
law.
Purchases on the Service
If User wishes to make purchases on the Service,
User may be asked by the merchant or information
or service provider from whom User is making the
purchase to supply certain information, including
credit card or other payment mechanism information.
User agrees that all information User may provide
any merchant or information or service provider
on the Service for purposes of making purchases
shall be accurate, complete and current. The merchants
and information and service providers offering
merchandise, information and services on the Service
set their own prices and may change prices or
institute new prices at any time. User agrees
to pay all charges incurred by users of User's
account and credit card or other payment mechanism
at the prices in effect when such charges are
incurred. User shall also be responsible for paying
any applicable taxes relating to purchases on
the Service.
APPLICABLE LAWS
This site is controlled by NetRocket from its
offices within the United States of America. NetRocket
makes no representation that Materials on this
Site are appropriate or available for use in other
locations, and access to them from territories
where their content is illegal is prohibited.
Those who choose to access this site from other
locations do so on their own initiative and are
responsible for compliance with applicable local
laws. You may not use or export the Materials
in violation of U.S. export laws and regulations.
Any claim relating to the Materials shall be governed
by the internal substantive laws of the State
of Michigan and controlling U.S. federal law.
You agree that any action at law or in equity
arising out of or relating to these terms shall
be filed only in the state or federal courts located
in Michigan and you hereby consent and submit
to the exclusive personal jurisdiction of such
courts for the purposes of litigating any such
action. If any provision of these terms shall
be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable
from these terms and shall not affect the validity
and enforceability of any remaining provisions.
This is the entire agreement between you and NetRocket
relating to the subject matter herein and shall
not be modified except by NetRocket through the
posting of changes as set forth herein, or in
writing, signed by both parties.
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