Web Hosting Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THIS SERVICE PROVIDED TO YOU BY TCNet Express Communications Inc. ("TCNET").

BY CLICKING THE "I Agree" BUTTON AT THE END OF THIS DOCUMENT, DOWNLOADING, OR USING THE TCNet Express Communications Inc. SOFTWARE OR THE COMPANY'S WEB HOSTING SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, THE COMPANY'S SOFTWARE LICENSE AGREEMENT, ACCEPTABLE USE POLICY AND SUCH OTHER USER POLICIES AS THE COMPANY MAY ESTABLISH FROM TIME TO TIME.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. AT THIS POINT YOU SHOULD CLICK THE "I Disagree" BUTTON, AND, IF YOU CURRENTLY HAVE ANY TCNET ACCOUNTS, YOU MUST CONTACT OUR OFFICES AS SPECIFIED IN SECTIONS J AND K WITHIN 30 DAYS OF RECEIPT OF THIS DOCUMENT.

TCNET provides the Service, defined below in Section A, subject to your compliance with this Agreement. Other services provided by TCNET will not be subject to this Agreement unless this Agreement is expressly incorporated into any other agreement regarding those services.

A. Service

A.1. The Service includes: Web Hosting access; Electronic mail ("email") and one (five) POP mail address on TCNET's server (regardless of the number of mailboxes per your account); and, a subscription to TCNET's subscriber newsletter "Net Leader News."

A.2. Any means of identification assigned to you by TCNET (including usernames and email addresses) will remain the property of TCNET and at TCNET's sole discretion may be altered or replaced at any time.

A.3. TCNET guarantees ypu the continuous availability of the Service or any specific feature of the Service. Still, TCNET reserves the right to change the Service or any of its features at any time with or without notice.

B. Registration Requirements

B.1. You must be at least 18 years old to register for the Service. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service are assumed to have parental or guardian consent to do so.

B.2. You agree to provide TCNET with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to TCNET within 15 days of the change.

B.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section K.

C. Fees

C.1. Setup fee and software package purchase are nonrefundable, and TCNET does not issue pro rata refunds for fees paid in advance.

C.2. Web Hosting access is offered by TCNET subject to the following limitations:

IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. TCNET IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.

C.3. Current prices for TCNET services are posted on TCNET's Web site. These prices may also be obtained by calling 732-486-0068. TCNET reserves the right to change prices and institute new fees. TCNET may change rates or institute new charges at any time upon 30 days prior notice.
TCNET does not issue pro rata fee refunds.

C.4. A service charge of $20.00 will be assessed to your account for each check that is returned to TCNET for insufficient funds.

C.5. Payments for all charges are due within 30 days of the month in which the charges are incurred. If your account is delinquent, your account may be suspended or canceled at TCNET's sole discretion. If your account is suspended, regular charges continue to accrue until you cancel your account. TCNET may, at its sole discretion, charge a fee of $25.00 to reinstate a suspended account.

C.6. Interest charges of 1.5% per month (or the highest rate permitted by law if lower than 1.5% per month) will accrue daily on any unpaid balance which is more than 30 days late.

C.7. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.

C.8. If you believe that TCNET has billed you in error, you must contact the Customer Service Department (per Section K) within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.

D. Use of the Service

D.1. You and any members of your household are the only individuals who are authorized to access the Service through your TCNET account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement.

D.2. You are responsible for maintaining the confidentiality of passwords used by you or members of your household.

D.3. You are responsible for all charges assessed as a result of use of your account. However,TCNET will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify TCNET within 24 hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password

D.4. Except for software provided by TCNET, you are responsible for providing and maintaining all equipment and other software necessary to access the Service.

D.5. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation, subjects TCNET to liability; or is in contravention of TCNET's Acceptable Use Policy. You agree to comply with all TCNET security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.

E. Monitoring the Service. Disclosure of Member Information

E.1. TCNET has no obligation to monitor the Service but may do so and may disclose information regarding your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly and to protect itself and its members. However, TCNET will not disclose member information to outside persons or entities for the purpose of soliciting TCNET members.

E.2. TCNET, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.

F. No Warranties Provided by TCNET

F.1. Except for certain products and services specifically identified as being offered by TCNET, TCNET does not control any information, products or services on the Internet and except for such as TCNET-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with TCNET.

F.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TCNET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TCNET MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE. PROVIDED THROUGH TCNET OR ON THE INTERNET GENERALLY.

NO ADVICE OR INFORMATION GIVEN BY TCNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

F.3. TCNET SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

F.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. TCNET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

G. Your Rights

G.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section K.

G.2. UNDER NO CIRCUMSTANCES SHALL TCNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF, OR, YOUR 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 OR ANY FAILURE OF PERFORMANCE.

H. Indemnity

You agree to defend, indemnify, and hold TCNET and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.

I. Term of Agreement

This Agreement is effective from your acceptance thereof, which is indicated by your clicking the "I Agree" button at the end of this Agreement or upon the first use of the Service through your account, whichever is first. If you are a current TCNET member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.

J. Termination of Agreement

J.1. You may terminate this Agreement by using only the methods outlined in Section K. Your termination will only be complete upon your receipt of a confirmation number from TCNET. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or web form.

EMAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day you receive your confirmation number. TCNET does not issue pro rata fee refunds.

J.2. TCNET may terminate this Agreement: at any time without cause upon 30 days prior notice or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or you fail to pay any charges within 60 days of the date they accrue.

J.3. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to TCNET all copies of software and documentation that you received from TCNET.

J.4. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

J.5. TCNET's right to enforce the provisions of Sections C, E, F, G, H, K, and L shall survive termination of this Agreement.

K. Notice

K.1. You may change or cancel your TCNET account by the following methods only: first-class registered or certified mail, return receipt requested addressed to TCNet Accounting Services, 496, Alpine Street, South Amboy, NJ 08879

K.2. TCNET may provide notice to you by the following methods: Electronic mail (email) addressed to your email account, general posting to TCNET's web site at http://www.tcnet.us; or by US Mail or courier service at the address you provided TCNET when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

L. Miscellaneous

L.1. TCNET's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

L.2. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for South Amboy, New Jersey with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and TCNET. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

L.3. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and TCNET Express Communications Inc. and/or your use of and/or TCNET's provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state court system of the State of New Jersey. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

L.4. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without TCNET's prior written consent.

L.5. This Agreement, the Acceptable Use Policy, and the End-User License Agreement constitute the entire agreement between you and TCNET with respect to the Service.

L.6. TCNET reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on TCNET unless made in writing and signed by both parties. Revised 9th of September 1998

   

   


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