PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU
ACCESS THIS SERVICE PROVIDED TO YOU BY TCNet Express Communications Inc.
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
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
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.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
D.2. You are responsible for maintaining the
confidentiality of passwords used by you or members of your
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
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
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
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.
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
J.5. TCNET's right to enforce the provisions
of Sections C, E, F, G, H, K, and L shall survive termination of
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.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
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
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