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Account setup procedure: you answer a bunch of questions.
When you are done answering questions, your account is reserved.
Your account is activated when your first payment is received.
If you don't want to wait that long, please call and we'll
activate it if you give us a credit card or say you've
mailed a check. Before you answer the questions, you must
click "I Agree" at the bottom of this page to indicate your
acceptance of our terms of use.
After your account has been made, you have 15 days to try it out. If you cancel within that period we will send you a full refund promptly. No reason required. If you need any special services like registering a domain or a virtual www server, then note that below or send mail after your account is made. Special services do not have a trial period. Currently this signup form fails to ask which kind of account you would like. Please specify what you would like in the notes section on the next page. (This will be fixed someday) You must acknowledge our account policies and agree to abide by them. Click "I Agree" to indicate your acceptance.
TERMS AND CONDITIONSApplicant agrees that the following Terms and Conditions shall be applicable to and govern this Agreement between Applicant and N2 Networking. 1. LIMITATION OF REMEDIES AND LIABILITY: THE REMEDIES PROVIDED HEREIN ARE APPLICANT'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL N2 NETWORKING BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF SERVICES OR PRODUCTS, LOSS OF DATA, MIS- DELIVERIES, NON-DELIVERIES, INTERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF SUBSTITUTE SERVICES, DOWNTIME COSTS, OR CLAIMS OF CUSTOMERS OF THE APPLICANT FOR SUCH DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. In any event, N2 Networking's liability to Applicant or any third party shall not exceed a credit equal to the price paid to N2 Networking by Applicant for the particular service(s) involved. Satisfaction of any claim is contingent upon receipt by N2 Networking of notice from Applicant within thirty (30) days from of the alleged loss or damage is known to Applicant. Failure to provide notice shall relieve N2 Networking from any and all liabilities on any such claim.
2. PAYMENT: If payment is to be made with other than credit
card, N2 Networking will invoice Applicant prior to the
commencement of services and/or renewal of such services
(monthly, quarterly or yearly). Applicant agrees to make payment
to N2 Networking within 10 days from the date of N2 Networking's
invoice. Applicant's failure to make timely payment to N2
Networking shall be a breach of this Agreement and may subject
Applicant to termination, as provided herein, and/or suspension
of services. Interest at the rate of one and one half percent
(1.5%) per month will be charged on all balances beginning 30
days after the payment due date. If state law limits the
amount of interest that can be charged and such limit is less
than 1.5% per month, then the interest rate shall be the maximum
permitted by state law.
3. TERMINATION: If this Agreement is on a month-to-month
basis, Applicant may terminate this Agreement at anytime and for
any reason with 30 day prior written or electronic (E-Mail)
notice to N2 Networking. If this Agreement is on a quarterly or
yearly basis, Applicant may terminate this Agreement at the end
of each quarterly or yearly period (as applicable) by giving
prior written or electronic (E-Mail) notice to N2 Networking.
Applicant shall make full payment for all services provided up
through the date of termination.
N2 Networking may terminate this Agreement if Applicant breaches
the terms of the Agreement and such breach is not cured to the
satisfaction of N2 Networking within 5 days of N2 Networking's
written or electronic (E-Mail) notice to Applicant. N2
Networking may terminate this Agreement, and the account(s)
provided hereunder, immediately and without notice to Applicant
if the services provided hereunder are being misused, used
improperly, or used for illegal purposes.
4. EXPORT RESTRICTIONS AND LOCAL LAWS: Applicant assures N2
Networking that it will not use the services provided by N2
Networking to export any software or technology which is
prohibited by Section 771.2(c) of the U.S. Department of Commerce
Export Administration Regulations. Applicant shall be
exclusively responsible at its own expense for compliance with
all local laws relating to the export/import of any software or
technology in the countries in which Applicant transmits or
communicates such software or technology. Applicant shall
indemnify and hold N2 Networking harmless from any claim, loss,
cost, fine or expense, including reasonable attorney's fees,
arising out of Applicant's breach of any provision in this
Article.
5. TERM: This Agreement shall commence on the date services
and/or a connection are first made available to Applicant by N2
Networking and shall remain in force for the period specified in
the Agreement,unless earlier terminated by either party as
provided herein. This Agreement shall automatically renew for
successive periods upon payment of the applicable renewal fees by
Applicant.
6. ACCEPTABLE USE POLICY: N2 Networking requires that all users
and customers abide by its Acceptable Use Policy. This policy protects
N2 Networking and all of its customers from reprisals by third parties.
Customers that violate the Acceptable Use Policy may have their accounts
closed without any refund of prepaid money and without any access to
data, resources, or domains hosted with N2 Networking. The acceptable use
policy can be found linked from the N2 Networking home page (http://www.n2.net)
or specifically at http://www.n2.net/n2web/n2-aup.shtml.
7. WARRANTIES: N2 Networking makes no warranties of any
kind, whether written or oral, expressed or implied. N2
NETWORKING DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. N2 Networking shall have no
responsibility for the accuracy or quality of the materials,
software or other information obtained by Applicant through the
use of the services provided by N2 Networking.
8. CHANGES IN SERVICES AND FEES: N2 Networking reserves the
right to revise or modify any of its services, terms and
conditions, and/or fees at any time and without notice. Any such
changes that are applicable to Applicant shall be effective at
the end of Applicant's monthly, quarterly or yearly renewal
period(s).
9. TRAINING AND/OR OTHER SERVICES: Any training, services or
assistance requested by Applicant but not currently a part of
this Agreement will be provided by N2 Networking outside this
Agreement.
10. APPLICABLE LAW - This Agreement shall be governed by,
subject to and construed according to the laws of the State of
California. For purposes of applying California law, this
Agreement shall be deemed to have been entered into and wholly
performed in California.
11. VENUE - Both parties agree that any claims asserted by or
against either party arising out of or under this Agreement or
related thereto shall be heard and determined exclusively in the
Courts of the State of California, located in the County of San
Diego.
12. ASSIGNMENT - Applicant's obligations under this Agreement
are not assignable by Applicant without prior written approval of
N2 Networking. Applicant agrees not to provide and/or resell, to
any third party, any of the services provided by N2 Networking
under this Agreement.
13. ATTORNEY FEES - In any action or proceeding between the
parties to enforce any of the terms of this Agreement, the
prevailing party shall be entitled to recover expenses, including
reasonable attorneys' fees.
14. MISCELLANEOUS
a. All rights and remedies conferred under this Agreement
and by any other instrument or law shall be cumulative and may be
exercised singularly or concurrently. Failure by either party to
enforce any contract term shall not be deemed a waiver of future
enforcement of that or any other term. The provisions of this
Agreement are declared to be severable.
b. Except for the requirements or restrictions specified
in this Agreement, N2 Networking does not monitor, regulate or
control the users of its systems or the content of the
information passing through its systems. The Applicant agrees
that all services provided by N2 Networking shall be used in a
lawful manner and Applicant will not violate any federal, state,
local or foreign law, including the trademarks, copyrights and
trade secrets of third parties. N2 Networking reserves the right
to remove any information, data, software or materials from its
systems that are in violation of the aforementioned policies or
that appears to be obscene or threatening to any third party.
Use of any software, data or information obtained by Applicant
through the services provided by N2 Networking is at
Applicant's own risk.
c. Applicant agrees to abide with the terms and
conditions of this Agreement and to the restrictions, rules or
regulations imposed by other parties or services connected
directly or indirectly to N2 Networking's systems. Further,
Applicant agrees to abide with the Acceptable Use Policies as
established and/or modified for the Usenet and the Internet as a
whole which expressly prohibits commercial solicitation.
d. N2 Networking reserves the right to refuse service to
any Applicant or potential Applicant at its sole discretion.
15. ENTIRE AGREEMENT: This Agreement constitutes the entire
Agreement between Applicant and N2 Networking. This Agreement
supersedes and terminates any prior oral or written agreement
between the parties hereto, except with respect to any trade
indebtedness or note which may be owing by either Applicant or N2
Networking to the other. Except as otherwise expressly provided
herein, this Agreement may not be varied, amended or supplemented
except by written instrument executed by both parties hereto
concurrently with or after the execution of this Agreement,
except as to any notice given under the Termination Article
hereof.
Applicant's use of the services provided hereunder
shall constitute acceptance of these Terms and Conditions.
COPYRIGHT 1995, 2004 N2 NETWORKING - ALL RIGHTS RESERVED
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