Net Vista
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Net Vista - Terms and Conditions of Use

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 selected.

4. Service charges are billed in advance, regardless of usage.

5. Net Vista will charge a $15 processing fee for all returned checks.

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 intent.

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 service.

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 plan type.

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 call.

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 computer system.

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 also at http://www.netvista.net/terms.html

 

REMEDY

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 SERVICE FEES.

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.

 
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