By continued use of Net Vista, you agree to the following
terms and conditions:
1. Not to abuse Net Vista, its
local network, or the Internet in any way. This includes any illegal or
inappropriate activities including, but not limited to, unsolicited e-mail
(SPAM), hacking, copyright violations, defamation, and distribution or
transmission of obscene or indecent speech or materials. Your account may be
terminated immediately by Net Vista if any of the above is detected.
2. Misuse of Net Vista resources that disrupt the normal
use of the system, such as "Bots" or other compiled code, is strictly
prohibited. Other examples include spawning multiple processes that consume
resources, excessive amounts of disk storage, main memory or CPU power.
3. If you have supplied Net Vista with a credit or debit
card Net Vista will bill your card on the billing cycle that you have
4. Service charges are billed in advance, regardless of
5. Net Vista will charge a $15 processing fee for all
6. Net Vista provides a subscription service, and you are
liable for all charges accrued until the date you contact Net Vista to
cancel your account. Non-use of service does not constitute cancellation.
Not all account and/or plan types are prorated. Non-prorated accounts
are canceled as of the next monthly anniversary date after notice of
cancellation is given.
7. Cancellation of any account will be effective at the
end of the billing period in which notice is given. For your protection, Net
Vista only accepts notice by telephone. No other method of notification will
be accepted. This is to protect customers from individuals with malicious
8. If you are on a trial membership, you agree to notify
Net Vista before the end of the trial period if you do not wish to continue
9. A Net Vista dial-up account entitles the account holder
to login on only one modem or TCP/IP session at a time. Concurrent sessions
are not permitted. If concurrent sessions are detected you may be subject to
a $1.00 surcharge per hour (minimum 1 hour per incident).
10. Net Vista's unlimited access accounts assume
reasonable usage. Users exceeding 300 hours will be asked to justify the
connect time and will be advised that their excess usage may put their
account in the "dedicated access" category (at a substantially higher rate)
at the sole discretion of Net Vista.
11. Account sharing with persons of a different household
is strictly prohibited unless specifically allowed in your contract and/or
12. You are responsible for all activity on your account.
Net Vista advises you to keep your password private, and to change it
periodically. If you suspect that an unauthorized party is using your
account, change your password immediately, then notify our staff.
13. Personal account holders are not permitted to post
commercial (for profit) pages on their web sites.
14. You are responsible for anticipating the demand
for/popularity of any materials that you make accessible via Net Vista's
network. You agree to pay any surcharges (per your account plan) due as a
result of excessive usage of disk space and/or bandwidth.
15. Resale of any service provided to you by Net Vista is
strictly prohibited except as specified in a written contract between
yourself and Net Vista.
16. You are responsible for ensuring that your call to our
network is a local call. Net Vista does not guarantee the toll status of any
of its access numbers even if the number was supplied to you by a Net Vista
representative. You are responsible for any charges levied by telephone
companies. Please check with your operator to verify the toll status of a
17. Net Vista is not responsible for its customers data.
Although Net Vista supplies its customers with disk space on our servers,
absolutely no guarantee is made as to the security of that data. In the
event of system failure, a restoration of these files may not be available.
The customer should take precautions to backup their information on another
18. Network communications are inherently insecure. Net
Vista cannot (and makes no claim to) ensure against the interception or loss
of your data.
19. Net Vista may terminate an account at any time for any
reason including, but not limited to, your failure to abide by the terms of
this agreement or your failure to pay fees or charges when due.
20. All prices are subject to change upon 30 days notice.
21. Net Vista reserves the right to change the terms of
this agreement. The latest version is available via e-mail upon request and
Should the customer experience difficulties using the
basic services provided by Net Vista Info Corp, Net Vista Info Corp will
attempt to diagnose and correct the problem through its regular technical
support channels. If the software is determined to be defective or
corrupted, Net Vista will provide new software to the customer.
If the problem cannot be determined or resolved, Net Vista
Info Corp will refund the unused (prorated) portion of the customer's
service fee for the current billing period and, if requested by the
customer, cancel the customer's account.
NOTICE TO PARENTS
Parents are advised to exercise caution as the Internet
contains some material that may be inappropriate for children.
LIMITS OF LIABILITY
Net Vista Info Corp is not responsible for Internet
content, activity, or availability of specific resources.
Net Vista Info Corp does not warrant that the
SOFTWARE/SERVICE will meet your requirements, that operation of the
SOFTWARE/SERVICE will be uninterrupted or error-free, or that the SOFTWARE/
SERVICE will be corrected. Net Vista Info Corp is not responsible for
problems caused by changes in the operating characteristics of computer
hardware or computer operating systems. Net Vista Info Corp will have no
responsibility to replace or refund the license fee of media damaged by
accident, abuse, or misapplication.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NET VISTA
INFO CORP, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE
THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
LIMITATIONS OF REMEDIES
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF
ITS ESSENTIAL PURPOSE, IN NO EVENT WILL NET VISTA INFO CORP BE LIABLE TO YOU
FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY
LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE/SERVICE OR ANY DATA SUPPLIED THEREWITH EVEN IF NET VISTA INFO CORP
OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY OTHER PARTY. IN NO CASE SHALL NET VISTA INFO CORP'S
LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE OR THE CURRENT MONTH'S
This agreement supersedes all other agreements or
understandings regarding this subject matter, and is governed by the
internal laws of the United States of America and the State of California.