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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.


Privacy Policy | Service Agreement © 2003 Netrocket.com. All rights reserved   
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