NSSB Service Contract
The first step to order one of our services is to read
the contract terms below. (Our attorney makes us do this.)
Please read this contract carefully.
I. Financial Arrangements:
- The Customer agrees to a three (3) month contract, beginning upon
commencement of service.
- First three (3) months payment plus a non-refundable setup
charge, if any, shall be due upon receipt of contract.
- This agreement will automatically renew for successive three (3)
month periods for the life of the contract until cancelled in writing.
Customers paying by check or money order will receive an invoice for
charges and payment is due upon receipt. Customers paying by credit
card expressly agree to have their credit card account billed quarterly
for the recurring charges for the life of the contract including any
automatic renewal periods.
- Initial payment is due with the contract. For accounting purposes,
renewal charges for contracts received on or after the 20th of the month
will accrue as of the 1st of the following month. By way of example, an
account setup on August 20th will be setup immediately and the initial
payment will be due with the contract. The initial term of the agreement
will be August 20 through November 30. The first renewal charge will be
due in December for second quarter of services.
- NSSB shall not be liable for any taxes or other fees to be paid in
accordance with or related to sales made from the Customer using NSSB's
server. The Customer agrees to take full responsibility for all taxes
and fees of any nature associated with such products sold by the Customer.
III. Material and Products:
- The Customer will provide NSSB with material and data in a
condition that is "server-ready", which is in a form requiring no
additional manipulation on the part of NSSB. NSSB shall make no effort
to validate this information for content, correctness or usability.
- Use of NSSB's service requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This
level of knowledge varies depending on the anticipated use and
desired content of the Customer's Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating
and linking documents, FTPing Webspace contents, Graphics,
text, Sound, imagemapping, etc.CGI-Scripts: requires a
knowledge of the UNIX environment, TAR & GUNZIP commands,
Perl, CShell scripts, permissions, etc. Autoresponders: a
knowledge of mReply autoresponder, forwarding mail, use
of mail by Customers to receive mail, etc.
- The Customer agrees that he or she has the necessary knowledge to
create the Customer's Webspace. The Customer agrees that it is not the
responsibility of NSSB to provide this
knowledge or Customer Support outside of the defined service of
- NSSB will exercise no control whatsoever over the content of
the information passing through the network. NSSB makes no warranties
or representations of any kind, whether expressed or implied for the
service it is providing. NSSB also disclaims any warranty of merchantability
or fitness for particular purpose and will not be responsible
for any damages that may be suffered by the Customer, including loss of
data resulting from delays, non-deliveries or service interruptions by
any cause or errors or omissions of the Customer. Use of any information
obtained by way of NSSB is at the Customer's own risk, and NSSB
specifically denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed represents
the speed of a connection to and do not represent guarantees of available
end to end bandwidth. NSSB expressly limits its damages to the
Customer for any non-accessibility time or other down time to the pro-
rata monthly charge during the system unavailability. NSSB specifically
denies any responsibilities for any damages arising as a consequence
of such unavailability. In the event that this material is not "Server-ready",
NSSB may, at its option and at any time, reject this material, including but
not limited to after it has been put on NSSB's Server. NSSB agrees to notify
the Customer immediately of its refusal of the material and afford the Customer
the opportunity to amend or modify the material to satisfy the needs
and/or requirements of NSSB. If the Customer fails to modify the material,
as directed by NSSB, within a reasonable period of time, which shall be
determined between the parties themselves, the Agreement shall be
deemed to be terminated.
IV. Trademarks & Copyrights:
- The Customer warrants that it has the right to use the applicable
trademarks, if any.
V. Hardware, Equipment & Software:
- The Customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access NSSB. NSSB makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the NSSB service.
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
- The Customer may not use NSSB servers for the purpose of MASS
Electronic Junkmail. The Customer may not use NSSB servers for excessive
computation time inappropriate for Internet Web servers. The Customer may
not install in her/his account any program which presents a security
problem on that server. NSSB reserves the right to immediately cancel
any service account which is causing a disruption of services for other
customers. Electronic forums such as mail distribution lists and Usenet news
groups all have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network when
posting material for electronic distribution. The network resources
of NSSB may not be used to impersonate another person or misrepresent
authorization to act on behalf of others or NSSB. All messages
transmitted via NSSB should correctly identify the sender; users may not
alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of
computing systems or networks and must not attempt to gain
- This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. Notice must be made by mail
or electronic mail. NSSB will not accept terminations over the
telephone. Notwithstanding the above, NSSB may terminate service under
this Agreement at any time, without penalty, if the Customer fails to
comply with the terms of this Agreement, including non-payment. NSSB
reserves the right to charge a reinstatement fee.
IX. Limited Liability:
- The Customer expressly agrees that use of NSSB's Server is at
the Customer's sole risk. Neither NSSB, nor its employees, affiliates, agents, third
party information providers, merchants licensers or the like, warrant that
NSSB's Server service will not be interrupted or error free; nor do
they make any warranty as to the results that may be obtained from the
use of the Server service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided through the NSSB Server service, unless otherwise expressly
stated in this Agreement.
- Under no circumstances, including negligence, shall NSSB, its
officers, agents or anyone else involved in creating, producing or
distributing NSSB's Server service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use
of or inability to use the NSSB Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects,
delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft,
destruction or unauthorized access to NSSB's records, programs or
services. The Customer hereby acknowledges that this paragraph shall
apply to all content on NSSB's Server service.
- Notwithstanding the above, the Customer's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which the Customer paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
- The Customer may only use NSSB's Server for lawful purpose. Transmission
of any material in violation of any Federal, State or Local
regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or
obscene, pornographic, profane, or material protected by trade secrets.
This also includes links or any connection to such materials.
- The Customer agrees that it shall defend, indemnify, save and hold NSSB
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities") asserted
against NSSB, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by the Customer,
its agents, employees or assigns. The Customer agrees to defend, indemnify
and hold harmless NSSB against Liabilities arising out of (i) any
injury to person or property caused by any products sold or otherwise
distributed in connection with NSSB's Server; (ii) any material
supplied by the Customer infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright infringement
and (iv) any defective product which the Customer sold on the NSSB Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts.
Revisions will be considered agreed to by the Customer on renewal of
NSSB. Services as specified in Section I. Financial
This Agreement constitutes the entire understanding of the parties.
Any changes or modifications to this Contract thereto are agreed to by both
parties upon renewal of services.
- The Customer may not transfer this agreement without the written consent of
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