Net Nevada
Terms of Service
Please carefully read these Terms of Service, Account Supplements, and Net Nevada's Network Use Policy (hereafter "Policy") before opening or continuing to use an account with Net Nevada. If you do not agree to be bound by the Agreement and the Policy, you should immediately end your use of Net Nevada services and/or software, and notify the Net Nevada Billing department to close your account. Use of the Net Nevada network, services or software, or any combination, constitutes that the customer agrees to be bound by and to comply with these Terms of Service, Account Supplements, and the Policy. All aspects of this agreement may be strictly enforced at the discretion of Net Nevada. Net Nevada reserves the right to amend these Terms of Service at any time, effective on the first day of the month following the posting of the revised agreement to the following: Term of Agreement, Renewal, Suspension, and Cancellation The term of this agreement is defined on the Customer Agreement Contract, but may be amended when submitted in writing to the Net Nevada billing department, and agreed to by Net Nevada. Net Nevada reserves the right to refuse such requests, at its discretion. Following the expiration of the Term of this Agreement or the failure of the Parties to agree to a Renewal Period, the Term of this Agreement shall renew automatically, unless terminated by either Customer or Net Nevada upon thirty- (30) day's prior written notice. Suspended accounts may, at Net Nevada's discretion, continue to incur charges until reinstated or canceled, even if the Customer does not use the account. The Customer may contact Net Nevada to inquire about reopening a suspended account. Net Nevada reserves the right to charge a service reconnection fee to reinstate suspended accounts. To cancel an account, the Customer must contact Net Nevada's Billing department directly. All cancellation requests must be submitted in writing, by the person responsible for the account, and received, in person, by mail (postal or local electronic), or by fax, and must include the Name on the account, and the full network user name as it appears in Net Nevada's billing records. Cancellation requests should contain information on the best method of contact for inquiry or confirmation, and the reason for cancellation. If the information provided to Net Nevada for an account does not match the account's records, cancellation may be delayed or prevented. Cancellation requests must be received in the Billing Department by 4:00 PM Pacific Time, Monday through Friday, prior to the billing cycle for the following period, in order to be effective that period, and to avoid any additional charges. Be aware that cancellation requests directed to other Net Nevada departments may not be received by the Billing Department by the end of the current billing period. The billing department will make reasonable efforts to confirm the cancellation of an account. Any Customer not having proof of reported account cancellation, or written confirmation from Net Nevada of a reported account cancellation WILL NOT be entitled to, without limitation, any refund, reversal of payment, credit, or exemption of fees for services from the point of reported cancellation, to the point of actual cancellation. All Net Nevada accounts must be paid in full before a cancellation will be considered complete. Net Nevada's Billing Department may be reached by e-mail at: billing@netnevada.net , by postal mail at: 8174 S Las Vegas Blvd, Suite 109-223, Las Vegas NV 89123, or by phone at: (702) 321-6554. If a Net Nevada account is canceled, or terminated, Net Nevada may, as a courtesy, maintain aspects of the account for up to 30 days. The Customer may contact Net Nevada within that time to inquire about reopening the account, or forwarding mail to another address, etc. Net Nevada reserves the right to refuse to maintain aspects of the account, or forward the mail of any account terminated for violation of any provision of the Agreement. Upon termination of an account all associated files and directories are be deleted from Net Nevada's servers. Net Nevada will not be able to reopen or restore files after they have been deleted. Billing Terms The Customer agrees to provide Net Nevada with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. Payment for a Net Nevada account or Service by fraudulent means, will be considered breach of contract, and will result in immediate and permanent termination of the account, possible civil damages and criminal penalty. Customer shall pay Net Nevada recurring fees, according to the service plan designated upon sign-up, which include charges for use and occupancy of space, line/phone charges, radio/airtime charges, applicable Service fees, and recurring third party charges. In addition to any Recurring Fees, Customer shall be charged non-recurring fees for setup, extra requested Services, or additional charges specific to use of the account, including any fines, penalties, or third party charges. Any requested prepayment, which may include without limitation setup or installation fees, first and last months of monthly charges, and any deposits, may be due prior to placement of an order or start of service. The Customer shall pay the initial prepayment, by Certified Check, Credit Card or Cash. Incremental payment fees shall be invoiced on the anniversary date of the Customer's account preceding each scheduled billing period. Payment shall be due within fifteen business days from the date of the invoice, unless otherwise stated on Net Nevada's invoice. Failure to comply with the aforementioned payment schedule may result in suspension of network services. Customer shall pay all sales and use taxes, fees, and governmental charges, as well as all duties or levies on products and services. The provision of Net Nevada services and/or products may be subject to Net Nevada's continuing approval of customer credit-worthiness. Net Nevada customers shall furnish financial information as Net Nevada may from time to time request, to re-determine a customer's credit-worthiness. Invoices based on approved Purchase Orders shall have payment terms of between net-15 and net-30 depending on customer credit-worthiness, and/or account history. Customers' who choose the Telephone Billing Option hereto authorize Net Nevada to process fees for Internet Access and Other Services Rendered, to the Customers local telephone bill. The Customers agrees to pay (by monthly date shown on the bill) the Internet related charges as posted to the monthly telephone bill. The Customers also understands and agrees that, should telephone service be disconnected for any reason, any portion of the bill showing Net Nevada charges will be payable directly to Net Nevada at that time. The Customer will notify Net Nevada's Billing Department via e-mail or in writing to make any changes to the billed telephone number or change the local telephone service company. This authorization shall remain in effect until the Customer has notified Net Nevada's Billing Department, that it is rescinded. This notification must be made in writing or by e-mail to Net Nevada at least 30 days prior to the next billing date. Notification received less than 30 days prior will be processed for the following month's fees. The Customer states that the Customer is the person with legal authority to make these charges through the local Telephone Company on the telephone number provided by the Customer. A Customer's account with Net Nevada will be considered delinquent if a credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Accounts that are delinquent by more than one accounting cycle may be suspended, archived, or purged from the system. Accounts suspended will be subject to a restoration fee equal to 25% of the setup fees applicable to the current account configuration. No circuits will be restored until all charges are paid in full, at which time service(s) will be restored within a reasonable amount of time. Amounts past due bear an interest at the rate of 2% per month. Net Nevada reserves the right to charge a $15.00 service charge for each returned check. Net Nevada may increase prices upon 30 days prior written notice. Net Nevada's Billing Department may be reached by e-mail at: billing@netnevada.net by postal mail at: P.O. Box 50484, Henderson NV 89016-0484, by fax at: (702) 932-5465, or by phone at: (702) 638-2000. The Customer acknowledges responsibility for any account the Customer opened through the point at which the account is cancelled or terminated, and payment in full is made. Breach of Agreement Should a Customer be considered in breach of this Agreement, Net Nevada may pursue any legal or equitable remedy, including but not limited to the immediate termination of the Agreement, removal and/or seizure of any Co-located Equipment. Upon default by the Customer, Net Nevada may retake possession of hardware and/or software it has supplied (before, during and after any actions to recover sums of money). In this case the Customer will provide Net Nevada full and free access to any such hardware and/or software. Should Net Nevada determine, in its sole discretion, that the Customer has violated any aspect of the Agreement, then without limiting or excluding any other remedy available to Net Nevada, Net Nevada may charge to the Customer a $200 fee. Account Use by Minors Net Nevada Services include direct access to the Internet. Some areas of the Internet contain discussion, materials, and pictures that could be considered harmful, offensive and/or intended for adult audiences. Net Nevada Customers must be at least eighteen (18) years of age. If a Customer allows use of an account by a minor, that Customer agrees to the following: (a) to exercise supervision over the minor's access to the Internet, (b) to assume all risk associated with viewing content or exposing any minor or other person to content in the Internet, and (c) defend, indemnify and hold Net Nevada harmless from any claims, losses and damages, including attorney's fees, resulting from viewing content, or exposing any minor or other person, to content on the Internet. From time to time Net Nevada may offer rating systems, filtering, software, suggestions, or procedures to help you screen out language or images that you do not wish to receive through your use of the Net Nevada Network. There is no guarantee that all harmful, offensive, adult or other information you wish to block out will be blocked out because, among other reasons, each rating system depends on the content provider's evaluation and self-rating or on ratings by a third party. Network Use Policy All use of the Net Nevada network or services must comply with the current version of the Net Nevada Policy available at the following URL: http://agreement.netnevada.net/networkpolicy/. Net Nevada reserves the right to amend the Policy at any time, effective on the first day of month following the posting of the revised policy to the URL. The Customer agrees to review the Policy periodically. If any change is not acceptable to the customer, the customer agrees to cancel the account by notifying the Net Nevada billing department. A Customer's continued use of Net Nevada services after the effective date of any such change constitutes acceptance of any and all changes that may have been made. Specific Account Supplements Specific supplements to these Terms of Service have been created for different types of accounts and are expressed separately. These supplements are available from the following URL: http://agreement.netnevada.net/supplements/ Net Nevada reserves the right to amend these Supplements at any time, effective on the first day of month following the posting of the revised policy to the URL. Dial up Access Supplement - For Customers maintaining simple Dial-up Internet Access. Commercial Server Supplement - For Customers maintaining Commercial Web, FTP, or other services where data is being stored or served on a Net Nevada Server. Down-line Hosting Supplement - For customers serving information from a dedicated connection. Circuit Placement Supplement - For customers requiring Circuit Placement by Net Nevada Co-location Supplement - For customers Co-locating Equipment with Net Nevada. Adult Content Supplement - For Customers Serving Adult Content. Software Any use of Net Nevada software or third party software distributed by Net Nevada is governed by the end-user license agreements that accompany the software. Use of such software indicates your acceptance of all terms in any such license agreement. Upon cancellation or termination of your account with Net Nevada, you should return or destroy all copies of software provided by Net Nevada including third party software distributed by Net Nevada. With respect to software and documentation from a third party provided by Net Nevada, the software and documentation are provided for use only (a) with the internet access services offered by Net Nevada in conjunction with the distribution of the software and documentation and (b) in accordance with the terms of this agreement. No right or license is granted to use the software or documentation with any other Internet access or other network service. Limitation of Liability The Limitation of Liability is stated as part or the Network Use Policy. Applicable Law These Terms of Service shall be enforced in accordance with the laws of the State of Nevada, in the United States of America. The Customer agrees that the exclusive jurisdiction shall be Las Vegas, Nevada. Any notice pursuant to this Agreement shall be in writing and shall be deemed given when actually received or, if earlier, three days after deposit into the United States Mail. Notice given by electronic mail shall be deemed received one (1) business day after it is posted to the recipient's E-mail address. The parties shall submit any dispute relating to the subject matter of this Agreement to binding arbitration pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any arbitrary dispute to a court or jury, or to appeal to a higher court. There shall be no arbitration of any claim that would otherwise be barred by statute of limitations if the claim were to be brought in court. The arbitrator shall have the power to award any and all costs, fees, expenses, fines, and losses incurred by prevailing party, including reasonable attorney's fees, and court fees, arising out of or related to the violation of the Terms of Service of this policy. The arbitrator(s) shall not have the power to award punitive, consequential, indirect or special damages outside the scope of this policy. TOS1980601 Net Nevada Customer Agreement Contract (CAC1980601) This contract, together with the Network Use Policy, Account Supplements, Terms of Service, Customer Amendments, all applicable quotes, price lists and software license agreements of Net Nevada and third parties (collectively "the agreement" or "this agreement") represent the complete agreement and understanding between Net Nevada and the Customer. This Agreement is between Net Nevada, a division of Desert Interactive, Inc., a Nevada Corporation (hereafter "Net Nevada") and the party as documented at the bottom of this Contract, (hereafter "Customer"). The Customer desires to become affiliated with Net Nevada, for the purposes of using the "services" of Net Nevada, as defined by this agreement. This Customer Agreement Contract supersedes all previous representations, understandings, or agreements (written or oral), pertaining to the relationship between Net Nevada and the Customer, and shall prevail notwithstanding any variance from prior agreements submitted. Net Nevada reserves the right to revise any document that is considered, without limitation, part of this agreement. Revisions are effective on the first day of month following the posting of the revised documents to the following URL: http://agreement.netnevada.net/. It is the responsibility of the customer to be familiar with the current version of any documents related to this agreement. Net Nevada DOES NOT notify customers as to the posting of revised of documents related to this agreement. The customer agrees to review these guidelines and the terms of service periodically. If any revision is not acceptable to the customer, the customer agrees to immediately cancel the account by notifying the Net Nevada billing department. The Customers continued use of Net Nevada services after the effective date of any such revision constitutes acceptance of any and all revisions that may have been made. The Customer may not sell, re-sell, assign or transfer services, rights or obligations associated with this Agreement, in whole or in part, without the prior written consent of Net Nevada. Indirect or attempted violations of this agreement, and actual or attempted violations by a third party on behalf of a customer or a customer's end user, shall be considered violations of the agreement by such customer or end user. The term of this agreement shall be [month to month recurring] [_________ recurring] [for ________ months]. The term of this agreement may be amended when submitted in writing to the Net Nevada billing department, and agreed to by Net Nevada. Net Nevada reserves the right to refuse such requests, at its discretion. I hereby certify that I have read, and understand the Terms of Service, Dialup Access Supplement, and Network Use Policy, and agree to the terms and conditions of this contract as defined by the Agreement.
Document Information
The Terms of Service may be found at:
http://agreement.netnevada.net /terms/
The Specific Account Supplements may be found at:
http://agreement.netnevada.net/supplements/
The Network Use Policy may be found at:
http://agreement.netnevada.net/networkpolicy/
Contact Information
Billing -
billing@netnevada.net
Support -
support@netnevada.net
Email Abuse -
abuse@netnevada.net
Network Security -
security@netnevada.net
I Accept
Decline
info@netnevada.net
