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- netgenie online(tm) Premium Online service
- Terms and conditions netgenie Online(tm), LLC. INTERNET, E-MAIL AND WEBSITE
- LIFETIME ACCESS AGREEMENT
-
- DO NOT OPEN THIS DATA PACKAGE UNTIL YOU HAVE READ THIS
- LICENSE/ACCESS AGREEMENT. THIS IS A LEGAL AND BINDING AGREEMENT
- BETWEEN YOU, HEREINAFTER ALSO REFERRED TO AS "USER", AND netgenie
- Online(tm) LLC, HEREINAFTER REFERRED TO AS "netgenie". BY OPENING
- THIS DATA PACKAGE AND ENVELOPE CONTAINED THEREIN OR USING THIS
- ISP SERVICE (OR AUTHORIZING ANY OTHER PERSON TO DO SO) YOU
- INDICATE YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF ALL THE
- TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS
- LICENSE/ACCESS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT
- BETWEEN YOU AND netgenie. IF YOU DO NOT AGREE TO THE TERMS OF
- THIS AGREEMENT YOU MAY RETURN THE UNOPENED DATA PACKAGE (WITH
- ALL ACCOMPANYING MATERIALS) AND A COPY OF YOUR INVOICE TO THE
- PERSON THAT YOU MADE PAYMENT TO FOR A REFUND FROM THAT PERSON
- OR ENTITY WITHIN FOURTEEN (14) DAYS FROM YOUR DATE OF PURCHASE.
- PLEASE NOTE: BY OPENING THIS PACKAGE ENVELOPE (netgenie
- PACKAGE), YOU EXPRESSLY AGREE TO THOSE TERMS AND CONDITIONS
- CONTAINED ON THIS PACKAGE and that this subscriber/end user Agreement
- states that acceptance of this agreement on the part of the end-user/netgenie
- subscriber is indicated by opening the sealed package box & envelope (netgenie
- package). It is important to recognize that you must accept the terms and
- conditions as contained on the outer portions of this package (envelope)
- before you can use the netgenie service. If you do not accept the terms
- and conditions of this user agreement, you must promptly notify netgenie for
- information on obtaining a refund for this product/service in accordance with
- netgenie refund policies as stated herein. As you can see, all the terms and
- conditions governing your subscription to this service including the netgenie
- refund policy as contained herein are stated on the outside of this package or
- envelope and on the netgenie website. Your removal or opening of that package
- or download of the netgenie service expressly acknowledges and shows your
- agreement to those terms and conditions as set forth and that you hereby agree
- to be bound contractually by them by opening or removing this package (envelope).
-
- 1. This Member Agreement ("Agreement") sets forth the terms and conditions for
- use of netgenie Internet, E-mail and/or Web Site Access Service (the "Service").
- By using our Service, you, as a "Member," agree to be bound by all of the terms
- of this Agreement as they relate to the specific features of the Service that
- you use, whether you use netgenie for internet access, e-mail services, or simply
- to access and/or purchase goods on our web site. You also agree to abide by the
- terms and conditions posted on any other part of this Service that you use.
-
- 2. Member Eligibility. You represent and warrant that you are at least 18 years
- old. You agree to provide us with complete, accurate and current registration
- information. While minors may use this Service with your permission, you agree
- to be responsible for all activity and charges incurred, including payment for
- any goods or services, while your account is being used. You agree to maintain
- the security of your password and membership identification. You agree to
- immediately notify us of any unauthorized use of your account or any other
- breach of security or breach of this Agreement. Separate Internet access
- accounts must be used for each computer accessing this Service and this
- account may not be accessed as part of a multi-user network, except where
- authorized by netgenie in writing. You are responsible for providing all
- equipment necessary to use this Service. You may not transfer, sell or
- otherwise assign your rights or obligations under this Agreement to any other
- person, party or entity. You, as a netgenie user hereby agree to fill out
- various online surveys and questionnaires regarding your netgenie usage and
- to answer various questions pertaining to the quality and types of netgenie
- services that you utilize or may desire in the future. Your continued use and
- access as a "One fee" netgenie end-user is contingent on your compliance with
- such survey, questionnaire or participatory activity on your part. Based on
- the foregoing obligations on the end user you herein agree to fully
- participate in such surveys and questionnaires and to complete them in their
- entirety. Your continuing right to use the netgenie services are contingent
- upon your responding truthfully and completely to such online, hard-copy or
- telephone surveys. You agree to such an ongoing commitment and obligation on
- your part as part of your continuing consideration for one time fee status
- for the netgenie ISP. Any discontinuation by the user, failure to respond to
- the questions or surveys shall be possible grounds for termination of the
- "One Fee" Service as a breach of this user agreement. Such a breach allows
- netgenie to completely discontinue, terminate or change the end user's status
- to a monthly ISP billed user. netgenie shall retain the right to make such a
- determination as to the end-user's service status based on the continuing
- duties and obligations on the part of the end-user in regard to information
- surveys and questions emailed, or posted or mailed to the netgenie end-user.
- netgenie additionally may require a user to run special software on their
- computer in order to remain eligible for the one fee service as set forth in
- this agreement. netgenie may require netgenie end-users to use newly improved
- or upgraded software in the future. netgenie end-users herein agree to utilize
- such upgrades or improvements upon request by netgenie to remain as netgenie
- users under this Agreement. Any failure on the part of the end-user to comply
- with such requirements shall be considered a breach of this agreement allowing
- netgenie to terminate the end-users access to netgenie services and ISP access.
- netgenie will provide internet access up to 56K using regular analog telephone
- lines. Higher speed access may be available in the future at an additional
- rate charge to be determined by netgenie when implemented.
-
- 3. Disclaimer. Once you have opened this package (envelope) or opened the box
- containing the envelope you are not eligible for any form of refund unless
- you request a refund from the person or entity you made payment to within
- fourteen days of that payment and you provide the complete package and
- contents to that person or entity. This refund will be subject to a Twenty
- Five Dollar ($25.00) processing fee which will cover deactivation of your
- account and or other processing costs. Except for goods, services and
- information clearly identified as being supplied by netgenie, all other
- goods, services and information are being supplied by third parties who are
- not affiliated with us. We are not acting as an agent for such third
- parties and we do not endorse goods, services or information that may be
- offered by third parties on this Service or on the Internet. You agree that
- we may not be held liable for any costs or damages arising out of any
- dispute between you and a third party with respect to your use or purchase
- of a third party's goods, services or information. Any questions or
- complaints should be directed to the seller of the goods, services or
- information provider only. netgenie.com in no way warranties any goods,
- services or information obtained by a member as a result of the use of this
- Service. Goods, services and information provided to you by third parties
- may be subject to additional charges, terms and conditions. By using or
- purchasing such goods, services and information, you agree to be bound by
- such additional charges, terms and conditions. Please note that netgenie
- reserves the right to limit or restrict user access to that which is
- customary on the internet or in the internet community. netgenie users,
- whose access to the internet exceeds industry or internet customary use
- standards may have their access unilaterally limited or terminated if
- their usage exceeds those standards under the terms of this Agreement.
- End-user access that exceeds acceptable use standards may be deemed abusive
- under this Agreement. Continued internet access is contingent upon
- end-users abiding by industry and customary standards of usage. netgenie
- usage dial up connections are not intended to be full-time dedicated
- connections and will be disconnected after 15 minutes of inactivity or
- after (5) hours of continuous use. subscribers agree not to use any automatic
- method to avoid such disconnection, to keep the connection active only when
- the subscriber is personally actively using it, and not to provide public
- information services over the connection. End-users abusing this access
- through excessive on-time use, engaging in spamming or other usage not within
- internet community or industry parameters shall have their access terminated.
-
- 4. Base Charges. You agree to pay a fee of only $99.95 (U.S) to register for
- your Internet Access. From then on access through netgenie is free. Following
- the payment of that fee your internet access continues during your lifetime.
- There are no additional charges for netgenie internet access.(excluding
- applicable sales or other taxes that may be assessed by local, State or
- Federal Governments.) Refunds of netgenie one time access fees are
- obtainable within fourteen (14) calendar days from date of payment from the
- person you made payment to, only. Refund of those fees will be equal to the
- amount paid by subscriber minus the processing fee and / or service costs
- as incurred by netgenie. You should be aware that charges for Internet Access
- do not include applicable telecommunication charges. You are directly
- responsible for all charges associated with connecting to our Service. It
- is possible that the number you use to connect to this Service may be a long
- distance telephone number and may result in long distance charges or other
- surcharges being charged to the member. If you do not have a local Internet
- access number available in your area we will enroll you in the netgenie
- Internet Access Travelers Program which requires you to pay a one time setup
- fee of $99.95, which also includes your first fifteen (15) hours of internet
- access. Thereafter, you will be billed at the rate of $5.95 per hour for all
- further Travelers Program Internet access. Your card issuer agreement governs
- your use of your credit card in connection with this Service, and you must
- refer to that agreement, and not this Agreement with respect to your rights
- and liabilities as a card holder. In the event of the necessity for upgrades
- of netgenie equipment, netgenie reserves the right to charge users for
- upgrades should they be necessary due to technological advances or changes
- in the internet infrastructure in the future. netgenie will endeavor at all
- times to bring excellent internet access to its subscribers and in order to
- insure that quality of access may need to upgrade its facilities, equipment
- and site.
-
- 5. Ownership. This Service, including but not limited to software, content,
- text, photographs, graphics, audio, and the compilation as a whole,
- is protected by copyright under U.S. copyright and other laws. You must
- abide by all additional copyright notices or restrictions contained in this
- or other services. All programs, designs, software, materials, technologies,
- trademarks, service marks and logos offered on this Service are wholly owned
- by netgenie, or are otherwise validly licensed to it. Trademarks, service
- marks and logos owned by third parties remain the property of such third
- parties. You may not delete any author attributions, legal or proprietary
- notices in this Service or elsewhere. You may not copy, distribute, display,
- modify, create derivative works, alter, transmit or in any way exploit the
- content or material on this Service for personal gain. You may only use the
- content or materials contained in this Service for personal, non-commercial
- applications and use. You are limited to making one print copy and one
- machine-readable copy of any such material. The content or materials on this
- Service may not be used to construct any kind of database. You may not
- translate, modify, reverse-engineer or reverse-compile or de-compile,
- disassemble or make derivative works of any software or components that
- are available on this Service. You may only post material to this Service
- if you have obtained appropriate copyright and other permission to post such
- materials and to permit others to download such material. You agree not to
- interfere or take action that results in interference with or disruption of
- the Service or servers or networks connected to this Service. You agree not
- to attempt to gain unauthorized access to other computer systems or networks
- connected to this Service. You agree not to resell or make any commercial
- use of this Service. You acknowledge that we have a non-exclusive,
- royalty-free, worldwide, perpetual license, with the right to sublicense,
- use, reproduce, modify, adapt, publish, create derivative works from,
- distribute, perform and display any materials or ideas that you post to this
- Service. We grant you a non-exclusive, limited license to use this Service
- (and software) for your personal use only as set forth in this Agreement. All
- title, ownership rights and intellectual property rights in this Service (and
- software) shall remain vested in netgenie and its suppliers and licensors.
-
- 6. LIMITED LIABILITY. THIS SERVICE (INCLUDING SOFTWARE AND ANY
- GOODS, SERVICES OR INFORMATION THAT MAY BE USED OR PURCHASED
- BY MEANS OF THIS SERVICE OR OTHER THIRD PARTY SERVICES) IS
- PROVIDED "AS IS." YOU MAY RELY ON THIS SERVICE AND OTHER
- THIRD PARTY SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT
- WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR
- ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS
- AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS
- AVAILABLE ON OR THROUGH THIS SERVICE. WE ARE NOT RESPONSIBLE
- FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE
- LINKED TO THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES,
- EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES
- OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A
- PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR
- USEFULNESS WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR
- GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS
- SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS,
- INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING
- AND/OR USE OF FILES OR OTHER MATERIAL USING THIS SERVICE.
- ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE
- INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO
- THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS
- SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS
- SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE
- NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH
- FEATURES.
-
- 7. RELEASE. YOU AGREE THAT netgenie, LLC, ITS AFFILIATES, AGENTS,
- LICENSORS OR OTHER THIRD PARTIES WHO CONTRIBUTE TO THIS
- SERVICE(INCLUDING WITHOUT LIMITATION OFFICERS, DIRECTORS,
- EMPLOYEES, SHAREHOLDERS),WILL NOT BE LIABLE FOR DAMAGES
- OR COSTS WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL
- OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO
- USE THIS SERVICE OR YOUR PURCHASE OR USE OF GOODS, SERVICES OR
- INFORMATION AVAILABLE ON THIS SERVICE OR ON THE INTERNET OR
- FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
- THIS SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
- ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU HEREBY WAIVE
- ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT,
- TORT OR OTHER LEGAL GROUNDS, REGARDLESS OF WHETHER netgenie
- OR OTHER THIRD PARTIES OR ENTITIES HAVE BEEN ADVISED OR NOTICED
- AS TO THE POSSIBILITY OF SUCH DAMAGES OCCURRING. OUR LIABILITY
- BASED ON ANY BREACH OF THIS AGREEMENT OR ANY DAMAGES THAT
- MAY RESULT FROM THE USE OF THIS SERVICE ARE LIMITED SOLELY TO
- REPLACEMENT OF OUR SOFTWARE IF IT IS DEFECTIVE. WE DO NOT
- WARRANT THAT THIS SERVICE IS WITHOUT DEFECTS. YOU HEREBY
- RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS
- IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW
- FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT
- ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
-
- 8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS
- netgenie, LLC, ITS AFFILIATES, AGENTS, LICENSORS AND THIRD
- PARTIES WHO CONTRIBUTE TO THIS SERVICE (INCLUDING WITHOUT
- LIMITATION DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS)
- FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES
- (INCLUDING ATTORNEYS' FEES) ARISING OUT OF YOUR USE OF, OR
- IN CONNECTION WITH USE OF YOUR ACCOUNT, INCLUDING WITHOUT
- LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF
- RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER
- MEMBERS AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER
- RIGHTS.
-
- 9. Notices. You may contact us by writing or calling us at the address and
- telephone number listed below:
-
- netgenie online(tm) Attn: Customer Service, PO BOX 2733, Chandler, Arizona
- 85244-9908, 1-800-717-3300
-
- 10. California residents with complaints may also contact: State of California,
- Department of Consumer Affairs, Division of Consumer Services, Complaint
- Assistance Unit, P.O. Box 942507, Sacramento, CA 94258-0507 1-916-445-1254
-
- 11. Miscellaneous. This Agreement constitutes the entire agreement between you
- and netgenie and supersedes any prior written or verbal agreements that may
- exist between us. This Agreement is governed by the laws of the State of
- Arizona, exclusive of its conflict-of-laws rules. You consent to personal
- jurisdiction and to exclusive jurisdiction and venue of legal proceedings in
- Maricopa County, Arizona in all disputes arising out of or relating in any
- way to this Service. If any part of this Agreement is held invalid or
- unenforceable, that portion shall be construed consistent with applicable
- law to reflect, as nearly as possible, the original intentions of the
- parties, and the remaining portions shall remain in full force and effect.
- You must begin any legal proceeding within one year after your claim arises.
- ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN
- CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY
- OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS
- AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED
- BY FINAL AND BINDING ARBITRATION CONDUCTED IN MARICOPA
- COUNTY, ARIZONA, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE
- WITH THIS AGREEMENT, AND THE THEN CURRENT COMMERCIAL
- ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION
- AND netgenie DISPUTE RESOLUTION POLICIES, WHICH ARE AVAILABLE
- FOR REVIEW IN FULL. The arbitrator shall not have the power to award
- any damages or remedies in excess of the limits set forth in or excluded
- under this Agreement.
-
- 12. Our performance under this Agreement is subject at all times to existing
- laws and nothing contained in this Agreement limits our right to comply
- with law enforcement requests or requirements relating to a Member's use of
- this Service. You represent and warrant that you will comply with all
- applicable local, state and federal laws, including applicable export laws.
- Use, duplication and disclosure of software outside of the United States is
- subject to RESTRICTED RIGHTS as set forth under applicable federal law.
-