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Service
Agreement Terms
and Conditions “Subscriber”
refers to the person or entity signatory to this document. 1.
Payment of Accounts Services
must be paid for in advance either by checking account direct debit,
major credit card or by check. Checks,
direct debits or credit card charges returned to GreenNet®
unpaid are subject to a $25.00 returned payment fee and the account is
immediately placed in default. Payments
received later than ten days after the start of a billing period will
also place the account in default.
Service to accounts in default will be suspended and those
accounts may be subject to a $20.00 reconnection fee once payment in
full of all past due amounts is received.
Suspension of service does not remove the subscriber from the
obligation to pay GreenNet®. Only a written cancellation request will relieve the
subscriber from his or her obligation to pay the monthly fee. Accounts placed in default, as well as past due accounts are
subject to a 1.5% per month interest charge on the outstanding balance.
If the subscriber is in default, he or she agrees to pay GreenNet® its
reasonable expenses, including attorney and collection agency fees,
incurred while enforcing its rights set forth in this document. Subscribers
who opt for checking account direct debit or credit card payment will
have their periodic fees automatically charged/debited to the specified
credit card/checking account upon account activation.
Accounts beginning at any time other than the first of the month
will be charged a pro-rated first month fee.
Thereafter, the subscriber’s credit card/checking account will
be automatically charged on or about the second day of every billing
period. GreenNet®
offers direct periodic billing, net 20, with payment completed by bank
check. Invoices are issued
30 days prior to the billing period.
A 1.5% monthly charge is added to payments not received by
GreenNet® by the first day of the billing period.
Pre-paid one-year accounts are entitled to a one-month discount.
Credit card charges and direct debits will include the current
billing period’s recurring rate and last billing period’s additional
charges, if any. Service
charges and fees are subject to change.
The subscriber will be notified 30 days before said rate change
takes effect and will have 15 days from the date of mailing of the rate
change to notify GreenNet®
of the cancellation of his or her service agreement.
If no written notice
(via postal mail, e-mail or fax) of cancellation is received by GreenNet® in that time period, the subscriber understands and
agrees to be bound by the higher rate beginning at the next billing
cycle. Subscriber
agrees to pay all applicable federal, state and local fees and taxes.
When accessing GreenNet®
servers through a dial-up connection, the subscriber agrees to pay for
all long distance charges levied by the Telephone Company, if any. 2.
Cancellation of Subscriptions The
subscriber is allowed to cancel service with GreenNet®
at any time for any reason. A
30-day notice is required, however.
In addition, periodic fees already paid and/or charged will not
be refunded. This includes quarterly, semiannual and annual accounts.
GreenNet® reserves the right to terminate an account at any time for any reason.
An account terminated by GreenNet®
without cause will be refunded all unused fees. An
account terminated by GreenNet® because of a violation of this Service Agreement will not be
refunded any fees already pair or charged. 3.
Service
and Performance, Disclaimer of Warranties, Limitations of Liability,
Prohibited Activities and Maintenance of Subscriber’s Files GreenNet®
will
make reasonable efforts to assure that the service is available 24 hours
a day, seven days a week. However, it is possible that there will be
interruptions of service. GreenNet® will endeavor to provide you with electronic notification, if an
interruption of service is known sufficiently in advance. The service is
provided over a shared network and users will contend for bandwidth.
GreenNet® will undertake reasonable network management, traffic analysis, and a
user policy to ensure that appropriate bandwidth is available at all
times. However, there could be times when a server is down and not
available because of unscheduled repair and maintenance, “Denial of
Service” attacks an/or other causes. GreenNet®
does not control the content of information that moves through its
computers. GreenNet®
warrants that if a subscriber is dissatisfied with the service, GreenNet®
will, upon written notice from the
subscriber which includes an explanation of the dissatisfaction, and
after GreenNet® has been given an opportunity to correct the problem, GreenNet®
will refund any prepaid fees more than one billing period in advance.
With the sole exception of the foregoing, GreenNet®
makes no warranties of any kind, either expressed or implied, including
but not limited to merchantability or fitness for a particular purpose.
GreenNet®
is not responsible for any damage resulting from the use, loss of use,
or misuse of its service, even if GreenNet®
has been advised of the possibility of such damage.
Damage includes, but is not limited to, data loss as a result of
delays, misdeliveries, non-deliveries, and interruption of services. GreenNet®’s
Network may be used only for lawful purposes. Transmission, distribution
or storage of any material in violation of any applicable law or
regulation is prohibited. This
includes, without limitation, material protected by copyright,
trademark, trade secret or other intellectual property right used
without proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws. Violations
of system or network security are prohibited and may result in criminal
and civil liability. Sending
unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is explicitly prohibited. A
subscriber shall not use GreenNet®’s
mail server to relay mail without GreenNet®’s
express written permission. Posting
the same or similar message to more than 10 e-mail addresses or
newsgroups (also known as “SPAM”) is explicitly prohibited.
Any prohibited activity may be considered grounds for immediate
termination of the subscriber’s account, without prior notice.
Pre-paid amounts by “Spammers” will not be refunded. Subscriber
agrees that GreenNet® has
the right to delete all data, files, or other information that is stored
in subscriber’s account on GreenNet®’s
servers if the account is terminated, either by GreenNet®
or by the subscriber. The
subscriber also agrees to keep his/her directory clean and to download
or delete any files in excess of quotas.
GreenNet® reserves the right to delete files from any user’s account if that
user fails to maintain their directory within established quotas. These
terms and conditions supersede all previous representations,
understandings, or agreements and shall prevail notwithstanding any
variance with terms and conditions of any order previously submitted.
GreenNet®
reserves the right to refuse accounts. By using GreenNet’s network and servers, or by paying any amount billed to your account, you consent to the Terms and Conditions set forth in this Agreement. If you do not agree with these Terms and Conditions, do not use our network and services and notify us immediately to cancel service.
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