N2 The Net : About Us > Policies

N2 THE NET, LLC Terms of Service

AGREEMENT AND AMENDMENTS

These terms and conditions of use constitute an agreement between N2 THE NET and you regarding the provision of N2 THE NET's services to you and your use of these services. By using N2 THE NET's services, you acknowledge these terms and conditions and agree to be bound by and adhere to them. Additionally, you agree that you understand N2 THE NET's Rules and Conditions.

These Terms of Service are subject to change without notice. A current, dated, copy will always be available on-line at http://www.n2thenet.com. Paper copies will be available from the office by request. The combination of the Terms of Service and the Rules and Conditions make up the Terms of Agreement. N2 The Net reserves the right to change it's terms or rules at any time without prior notification. Continued use of your account after a new policy has gone into effect constitutes acceptance of that policy.

N2 THE NET reserves the right to make adjustments to its rates at any time without notice.

These Terms of Service supersede all previous representations,understandings or agreements and shall prevail, notwithstanding, any variance with the terms and conditions of any order submitted.

ACCESS TO CERTAIN MATERIALS THROUGH N2 THE NET

N2 THE NET provides a means of access to information that includes information generally available through the Internet, N2 THE NET exercises no control, whatsoever, over the content of the information that can be accessed through its services. Use of any information obtained through N2 THE NET's services is at your own risk.

By subscribing to N2 THE NET's services, you request access to all information provided through the Internet. Certain information that can be accessed on the Internet through N2 THE NET is inappropriate for minors, and may be offensive to you. Because N2 THE NET does not control the content of the information that is available on the Internet, N2 THE NET cannot ensure that inappropriate or offensive material will not be available to you or others, including minors, whom you may allow to access Internet through your account. It is your responsibility to exercise control over such access.

It is our policy not to issue accounts to persons under the age of eighteen. If a parent wants to purchase access for a minor, they must do so under their own name.

LIABILITY FOR USE OF ACCOUNT

You are responsible for all charges incurred by the use of the login name assigned to you and the password that you have selected. If you lose your password, you must contact N2 THE NET promptly at the address or phone number below. If another person has your password, it is your responsibility request that your password be changed. N2 THE NET will have no responsibility for any charges incurred on your account unless and until you have done so.

N2 The Net personnel will give out information regarding an account (including usernames, passwords, and billing information, account termination, etc.) ONLY to the person that originally signed-up for the account or for those persons listed as alternate contacts. All others will be instructed that no information can be given to them. This rule includes spouses and those working for corporations. Account holders must notify N2 The Net in writing when requesting that alternate contacts be added to accounts.

OTHER RULES AND RESTRICTIONS

N2 THE NET may only be used for lawful purposes. Any access to other networks through N2 THE NET must also comply with the rules imposed by that other network. The transmission or receipt through N2 THE NET of any material in violation of any United States, state or international law or regulation is prohibited. The restriction on the use of N2 THE NET to transmit or receive material in violation of any law or regulation includes, but is not limited to, copyrighted material, including material provided by news services, threatening or obscene material, and material protected by trade secret. You agree to indemnity and hold harmless N2 THE NET from any and all losses, claims, damages and expenses, including attorneys fees, that result from or that are alleged to result from your use of N2 THE NET's services.

RISK OF USE AND LIMITATIONS ON LIABILITY

N2 THE NET, LLC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CONTENT OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICES, AND THE USE OF ANY INFORMATION OBTAINED THROUGH N2 THE NET'S SERVICES IS AT YOUR OWN RISK. N2 THE NET HEREBY EXPRESSLY DISCLAIMS AND ALL WARRANTIES INCLUDING. BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES PROVIDED BY N2 THE NET. N2 THE NET DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ANY CLAIMS RESULTING FROM ANY ALLEGED FAILURE OF OR INTERRUPTION OF THE SERVICES PROVIDED BY N2 THE NET, OTHER THAN LIABILITY TO RETURN TO YOU THE CHARGES PAID BY YOU FOR ANY SERVICES NOT PROVIDED FOR ANY PERIOD DURING WHICH THEY WERE NOT PROVIDED. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

CHARGES FOR N2 THE NET'S SERVICES

N2 THE NET's services will be charged to you at the rates provided to you from time to time by mail to the address provided by you to N2 THE NET or to your N2 THE NET E-mail address. As a matter of policy, N2 THE NET will not raise prices on time that you have already purchased on the system. However, both the N2 THE NET set-up fee and any prepaid time that you have on your account are non-refundable.

If you desire automatic pre-payment for services, you authorize N2 THE NET to perform repetitive credit card billing or automatic bank drafting until notified in writing, no later than thirty days prior to cancellation, that your account is terminated or modified. Failure to notify N2 The Net thirty days in advance may result in your credit card or bank draft having already been processed for the upcoming month. In this event, your payments will not be refunded, and your service will be continued until that month is completed. If you are interested in either of these forms of payment, please contact our billing office at 372-9179 or by email at billing@n2thenet.com for more information or go to www.n2thenet.com to print bank draft and automatic credit card billing forms.

If any payment by check is returned unpaid, you will immediately be deemed in default and subject to a returned check charge of $27.44

If any payment by Charge Card is refused by the Credit Card agency, you will immediately be deemed in default and subject to a service charge of $27.44. On the occasion that you receive a new credit card that you are using for prepayment of regular billing, you are responsible to notify N2 THE NET of changes of your account status. Failure to do so could cause the termination of your account without notice or may cause your account to be charged the $27.44 service charge.

If your account is in default, your service will be interrupted, and you will be subject to a reconnection fee of, no less, than $10.98. While N2 THE NET does monthly billing, they are sent as a reminder only. It is the responsibility of each customer to make sure his/her payment reaches N2 THE NET by the due date. Failure to receive a monthly bill does not relieve the customer of his obligation to pay on time. Failure to make monthly payments in a timely manner constitutes account default, and will cause your service to be interrupted. Such interruption will not relieve you from the obligation to pay N2 THE NET's hourly or monthly account charges. You agree to pay N2 THE NET its reasonable expenses, including attorneys and collection agency fees, incurred in enforcing its rights.

N2 The Net offers two monthly billing plans: The Unlimited option allows the customer Unlimited Interactive usage. This means, the customer may use the internet as much as he chooses for the month. However, he must actively be using the computer at all times. He may not leave his computer connected to the internet while he sleeps or any other time while not actively using the internet. When not in use, the customer must log off.

N2 The Net's 40 hour plan allows 40 hours per month beginning the first day of the month and ending on the last day of that month. The system will not shut down after 40 hours. The customer is allowed to continue to use the Internet as much as he chooses. However, he will be charged at a rate of $1.00 per hour for each additional hour over 40 hours that he uses. Overage bills are not sent with the regular monthly bills, but are mailed separately by the 20th of the following month and are due upon receipt.

SWITCHING PLANS: N2 the Net customers may choose any plan that he/she wishes upon sign-up, and customers may change plans at any time that he/she chooses with no additional charge except for the difference in plan prices. Customers may switch plans for the current month ONLY by contacting our BILLING office by the 15th of the month. Changes requested by the 15th of the month will be retroactive for the entire month. Plan changes may be done after the 15th of the month, but the change will not be made until the beginning of the following month.

TERMINATION

You may terminate your N2 THE NET services at any time without penalty by giving N2 THE NET written notice of your desire to terminate your account to N2 THE NET at the address below. If you do not agree with these terms and conditions, as they may be amended from time to time, your sole recourse is to terminate your service. Credits on your account WILL NOT BE REFUNDED if you cancel your account.

ADDRESS AND CONTACT INFORMATION

N2 THE NET's address to which notices should be directed: N2 THE NET, LLC, 251 South Willow Avenue, Suite 5, Cookeville, TN 38501. N2 THE NET may also be contacted at (931) 372-9179 or fax (931) 520-4031. Billing department: billing@n2thenet.com Hostmaster: hostmaster@n2thenet.com Sales: lmcspadden@n2thenet.com Technical Support: help@n2thenet.com, help@tnaccess.com, 1-888-605-9322 Web Design: jscherer@n2thenet.com

N2 THE NET Rules and Conditions

The following document is also referred to as the Acceptable Usage Policy of N2 THE NET. By using the N2 THE NET Internet Service, you accept, that you understand and will abide by the policies and rules set forth here:

1. All customers shall use N2 THE NET's computing facilities in a manner which is ethical, legal, and not contrary to the interests of others. You may only use those N2 THE NET computing facilities, which have been authorized for your use.

Your account (unless otherwise noted or arranged with the management) is a single user account. You may not share your account with others. You may not give your password to others. Corporate accounts must only be used by one (1) individual at the company on a regular basis. (Others may use it to check the corporate email if the primary user is on vacation or ill). Personal accounts may be shared by immediate family members residing in the same household so long as only one person uses the account at a time and all limits and rules are observed by those users. The primary account holder is responsible for all usage on the account, and will be held responsible for abuse of the account by others. We reserve the right not to allow accounts to be shared for any reason, even if these individuals meet the above criteria.

Only one person may be logged into your account at any given time. Under NO circumstances may your account ever be used on two or more of your modems at the same time. We DO monitor this, and if two users login at the same time with the same account, your account will be charged for each login time, and your account will be terminated immediately without warning. Furthermore, we will not issue any refunds for unused services if this rule is violated, and you will not longer be welcome as an N2 THE NET customer at any time in the future. We consider this to be fraud, and as such may pursue any legal actions available to us against those who commit it.

If access is protected by a password, you are NOT to make this password available to others, nor allow someone else to give his/her password to you to use on your account. You may not attempt to find out the password of another user, or abet such attempt by any other person.

You are responsible for how your account is used. If you allow others to use your account, you are fully responsible for what they do. You will be responsible for all on-line time consumed by others using your account. You may not resell services from your dialup account without prior written notice from N2 THE NET.

There is a maximum limit of 5 megabytes of personal disk storage in your home directory (unlimited account holders only). You may user your home directory for storage of personal web pages. We reserve the right to remove files at any time if, at our determination, you are using more space than is authorized. We ask that you clean up after yourself.

You may use authorized facilities only for authorized purposes. You may not attempt to subvert, or abet others to subvert, the security of any computing facility or network. You may not attempt to interfere with the present or future operation of any computing facility.

Free space for personal WWW pages is a courtesy service N2 THE NET offers to unlimited account holders only. Personal WWW pages may not contain: Advertisements for business or non-profit organizations, obscene or harassing materials, violation of copyright or trademark law, and/or promote /sell a product/service.

Decisions regarding the acceptability of usage of personal WWW pages are the venue of the technical and sales staff of N2 THE NET and are final.

2. All accounts (except dedicated customers) are subject to a fifteen-minute idle-timeout, and a four-hour session limit, with no limit to the number of sessions so long as they don't exceed their total limit of hours for the month (if applicable.) Since the level of abuse has declined, and we want to make our customers feel as comfortable as possible with their online usage, we will not maintain a session time limit on dial-up accounts. All dial-up accounts, unless otherwise instructed are flat rate with no hourly charges (except for 40-hour accounts). There are no set limits currently, but the accounts are considered Unlimited Interactive Accounts. Please be aware, however, that flat rate does not mean dedicated, and does not mean unlimited. You must not leave your computer connected when you are not actively using the system. If you abuse the service, either by exceeding reasonable usage (defined by statistics compiled each month for all users), staying connected 24 hours a day or while you sleep or go to work, or by giving access to friends or associates illegally, your account will be terminated. Because we do not want to revert to limiting the number of hours, we expect users to use common sense and not abuse their Internet privileges. If you are going to work or school, going to bed, or just not using the Internet for a while, please remember to disconnect from our modems. It's not fair to other user who may get busy signals from your carelessness. We reserve the right to impose limits in the future, either for all users or on an individual basis for abusive users. If you need 24/7 connectivity, please contact us for dedicated account pricing.

3. Use of any information or software obtained via this service is at your own risk. N2 THE NET specifically denies any responsibility for the accuracy or quality of information obtained through our services. We recommend that you virus check all software obtained via the Internet. We also recommend that you download any software from the original author's web or ftp site, or one of the common sites that check software before distribution.

4. If you use another organization's networks or computing resources via our service you are subject to their respective permission, usage policies and fees if applicable. Using this system as a springboard for breaking into other systems will not be tolerated.

5. You must be aware of the law of copyright as it affects computer software. A formal copyright need not be in evidence for legal copyright protection to be in force.

You are the copyright owner of any file, which you solely create for your own exclusive use. Any other file is copyright either by the owner, by commercial vendors, or by other individual users, and it is illegal for you to reproduce such file in any part or in any form, except by written permission of the copyright owner.

6. You may not interfere with use by any other authorized user, nor compromise the confidentiality of the owner's internal business practices or records.

7. You may not use the N2 THE NET computing facilities to send messages in real time or by e-mail or newsgroup which are manifestly obscene or otherwise harassing. You may not use the N2 THE NET computing facilities to send large numbers of unsolicited mail messages (i.e. "junk mail", "spam", " chain letters"); this includes adding or attempting to ad addresses to any mailing list without explicit positive consent of the addressee; this also includes attempting to relay mail through other sites in attempt to get around this rule.

You may not use N2 THE NET's computing facilities to forward or post "chain letters" (multiple forwarding) of any type; posting chain letter, invitations to join in pyramid on ponzi schemes, and similar notices, is a violation of US Postal Service regulations and is a fraudulent act. Such actions are sufficient grounds for account termination.

You may not use N2 THE NET's computing facilities to post inappropriate messages to e-mail or USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posing encoded binary files to USENET newsgroups not specifically name for that purpose; attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own.

You may not attempt to send e-mail or USENET news articles using a name and address other than your own. Attempts to do so will be reported to proper authority immediately, and will result in your account being terminated immediately.

8. You are expected to keep your password secret. Your password allows access to your private email message and billing information. We may impose a service charge at our discretion to change your user name or password.

9. You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the Internet. We cannot and do not monitor or control network traffic to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and family members.

10. You understand that the Internet provides access to adult and explicit material which may not be suitable for minors. Again, N2 THE NET cannot and does not monitor or restrict the activity of it's users. You are responsible as the account holder to monitor and censor the activities on your account. In addition, the Internet provides access to material which may be extremely offensive to some users. While these areas are few and far between, you are responsible for censorship of our own account usage.

11. Users under eighteen years of age MUST have their parent or guardian's consent. Lying about whether you are eighteen or not is grounds for account dismissal. We reserve the right to refuse service to users under the age of eighteen.

12. While we do back up our system files, we are not responsible for backup of personal or business files uploaded to our server by our customers unless previous arrangements are made. This means that if you upload to our web pages or any other personal or business files to our system, you must keep a local backup of them on your machine. Please backup your files, because we do not!

13. To ensure the safety, comfort and convenience of our customers and the security of our system, N2 THE NET reserves the right to refuse any or all aspects of our Internet service to any individual or entity. These include, but are not limited to, posting to local newsgroups intended for use by our customers and staff for communication, email services, posting of files to our ftp site or posting of WWW sites to our services. Decisions regarding the acceptability of usage are the venue of the technical and sales staff of N2 THE NET, and are final.

14. THIS SERVICES IS PROVIDED AS-IS. USE AT YOUR OWN RISK. THERE ARE NOT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. N2 THE NET IS NOT RESPONSIBLE FOR HARDWARE OR SOFTWARE DAMAGE, LOSS OF WAGES, OR ANY OTHER FINANCIAL OR PERSONAL LOSS RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. ANY LIABILITIES ARE STRICTLY LIMITED TO THE AMOUNT OF THE SERVICE FEE PAID FOR SERVICES RENDERED.

15. If any potion of this agreement if found to contradicted federal, state, or local laws, the remaining portions will remain in full force until account termination. Any disputes with N2 THE NET will be governed by the laws and courts of the State of Tennessee.

REVISION

This document was last revised: 11/15/2003