Terms of Service

NVI-DataNet agrees to provide and User agrees to receive access to the NVI-DataNet Internet service according to the following terms and conditions:

The benefits or rights conferred by this agreement are nontransferable. Use of NVI-DataNet accounts is expressly limited to the individual or business whose name appears on the account.

User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, NVI-DataNet reserves the right to cooperate with all or any law enforcement agencies.

NVI-DataNet, at its sole business judgment, may terminate this Agreement immediately or suspend User's access to the service upon any breach of this Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of NVI-DataNet that User may be performing activities harmful to NVI-DataNet or its Users, employees, vendors, business relationships or any other users of the Internet.

The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by NVI-DataNet and will result in termination of the account the investigation determines to have originated or transmitted these types of traffic.

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic). This will result in a charge to User in the amount of 250.00.

(b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients. This will result in a charge to User in the amount of 250.00.

(c) Engaging in either (a) or (b) from a provider other than NVI-DataNet and using an account on NVI-DataNet as a mail drop for responses. This will result in a charge to User in the amount of 250.00.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by NVI-DataNet.

(e) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet or BBS service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(f) Use of IRC "bots" on NVI-DataNet, whether on our IRC server or any other. Such software may not be stored on NVI-DataNet. This will result in a charge to User in the amount of 250.00.

This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Ohio.

NVI-DataNet may modify these terms and conditions upon notice published Online via NVI-DataNet. User's use of NVI-DataNet services after such notice shall constitute User's acceptance of the modifications to this Agreement.

Non-enforcement of any section of this Agreement does not constitute consent and NVI-DataNet reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and NVI-DataNet's agreement on all other paragraphs shall remain valid.

User hereby agrees that any material submitted for publication on NVI-DataNet through user's account does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on NVI-DataNet.

Monthly Dues must be paid on a timely basis to maintain User's membership privileges. Monthly dues charged to Credit Card AUTO-BILLING (if applicable) will continue regardless of your use unless and until you expressly cancel the auto-billing, which you may do at any time, unless bound by a specific term or agreement.

No refunds are given at any time for any of our services. When paying by check, 900# or Credit Card, User expressly authorizes NVI-DataNet to collect from User a penalty fee of up to $25 for a returned check, unpaid 900# charge or Credit Card chargeback.

The User is in default of this Contract if:

1. Any User covered by this contract fails to obey any present or future NVI-DataNet rule or regulation; or

2. We do not receive a monthly payment on or before its due date; or

3. Any material statement by the User in this contract is false.

User is responsible for all use of User's account and confidentiality of password. NVI-DataNet will suspend access or change access to User's account immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. NVI-DataNet is not liable for any usage and or charges prior to NVI-DataNet making the necessary account alteration.

User is responsible for all local and long-distance telephone charges for connecting to NVI-DataNet, including the cost of their own data/phone line.

Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by NVI-DataNet.

User agrees to pay NVI-DataNet all charges relating to the use of User's account according to rates and prices stated online at the time of commencement of that subscription term.

NVI-DataNet reserves the right to change prices on 30 days notice published Online.

NVI-DataNet reserves the right to suspend access to service for User's account upon an indication of credit problems including delinquent payments or rejection of any credit card charges.

The NVI-DataNet service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to NVI-DataNet or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by NVI-DataNet or its providers.

Neither NVI-DataNet nor its Information Providers are responsible for any damages arising from User's use of NVI-DataNet or by User's inability to use NVI-DataNet service.

NVI-DataNet reserves to right to change without notice the NVI-DataNet service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

NVI-DataNet is not responsible for User's personal files residing on NVI-DataNet. User is responsible for independent backup of his her data stored on NVI-DataNet.

NVI-DataNet reserves the right to delete User's personal files after one or both parties terminates agreement.

NVI-DataNet reserves the right in its sole discretion to delete any information entered into NVI-DataNet by User. NVI-DataNet and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.

Reselling of your web space is prohibited unless expressly contracted with NVI-DataNet.

In the event the User defaults on this contract, NVI-DataNet may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price NVI-DataNet is charging to new members.

The User agrees to pay NVI-DataNet's reasonable attorney's fees and court costs, where permitted, in collecting the amount due in the User's contract or subscription agreement, including the collection of 900# chargebacks, returned checks and charged back credit card transactions.

Sexual images and illegal material on your web pages are prohibited.

Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of NVI-DataNet.

NVI-DataNet may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.

NVI-DataNet may offer credits to users who refer additional users who sign up for and keep NVI-DataNet accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or accounting ID number of the user who referred them.