User
Agreement
1.
The following agreement is between the Client requesting the service
(the "Client") and aNet Communications, the Service Provider (the
"Provider"). The benefits of or rights conferred by this agreement
are non-transferable. Use of Provider accounts is expressly limited
to the individual, business or other entity whose name appears on
the application. Client warrants that he/she is more than 18 years
of age or, if not, that the agreement has been signed by the parent
or legal guardian who has accepted responsibilty. If Client's representations
are fraudulent, the Provider has the right to immediately terminate
all services and collect any damages caused as a result of the misrepresentation
or warranty.
2.
Client is responsible for all use of the Client's account(s) and confidentiality
of Client's password(s) and information. Provider will suspend access
or change access to Client's acount(s) within a reasonable time period
following written notification by Client that his/her password(s)
or information has been lost, stolen or otherwise compromised.
3.
All services are to be prepaid unless other specific arrangements
have been made in writing by an authorized representaive of aNet.
Client agrees to pay aNet all charges relating to the use of Client's
account(s) according to rates and prices agreed to in this contract
for the term and length of this contract, which shall be monthly,
quarterly or annually. And if Client's regular aNet fees are to be
applied to a credit or checking account, the Client authorizes aNet
to directly post these charges. aNet must receive any payments by
check before service is provided. Client is responsible for charges
at the time the service is used. aNet reserves the right, in its sole
discretion, to suspend access to service for Client's account(s) upon
any indication of credit problem including delinquent payments, rejection
of any credit card charges, or returned checks. Otherwise Client must
explicitly request closure of his/her account(s), in writing, for
payments to cease.
4.
The registration of a domain name confers no legal right to that name.
Any domain name associated with a closed account, where no alternate
name/service has been pre-arranged, will be unregistered.
5. Due to the public nature of the Internet, all information should
be considered publicly accessible, and important or private information
should be treated carefully. The client hereby acknowledges that any
statement made on or information posted to a Web site using your aNet
services may be deemed a "publication of the Client."
6.
Client acknowledges that this service is governed by the laws of the
State of California. Therefore, the Client agrees to use the service
in a manner consistent with any and applicable California laws. Client
also agrees that Los Angeles County, where aNet is located, shall
be the forum for any legal action relating to its service.
7.
This agreement shall be binding and effective upon the establishment
of the account and will remain in effect until terminated by either
party. Client may cancel service at any time by notifying aNet. If
Client terminates this agreement, he/she is still reponsible for any
outstanding account charges. Also, aNet can modify or amend this agreement
at any time with notice to Client via E-mail or other media. The Client
may not change or amend this agreement at any time. aNet reserves
the right to refuse service to anyone at any time.
8.
aNet takes SPAMMING (sending unsolicited email messages over aNet's
network) very seriously. We investigate every case thoroughly. aNet
has tough policies against SPAMMING that all subscribers must follow.
Sending unsolicited mail and gaining unauthorized entry into any server
are criminal offenses. Any Client that abuses his/her Internet privileges
in these ways will be subject to a $500 fine and immediately disconnected
from aNet's services. In addition, aNet will turn over all relevant
information on any Client who has commtted such an offense to authorities
for prosecution.
9.
In providing services under this Agreement, aNet personnel will not
be present at any time on Client premises. If Client requests aNet
personnel's assistance on-site for initial installation of the Service,
the Client agrees to waive rights against aNet resulting from liability,
loss, damage, claim or expense resulting from aNet's on-site initial
installation, except in cases of gross negligence or willful misconduct
on the part of an aNet representative.
10.
The Client agrees to use the Internet at his/her own risk. aNet exercises
no control whatsoever over the content of the information contained
on the server or passing through aNet hosting services. aNet makes
no warranties of any kind, whether expressed or implied, for the service
it is providing. aNet also disclaims any warranty of merchantability
or fitness for a particular purpose. aNet will not be liable for any
damages, including but not limited to direct, indirect, special, incidental
or consequential damages which may result from the use of this service
by the Client, other aNet customers or any other related or unrelated
third parties. This includes loss of data resulting from delays, non-deliveries,
mis-deliveries, or service interruptions caused by the Provider's
own negligence or the Client's errors or omissions. Use of any information
obtained via dial-up is at the Client's own risk. aNet specifically
denies any responsibility for the accuracy or quality of information
obtained through its services.
11.
aNet may only be used for lawful purposes. Transmission of any material
in violation of any U.S. or state regulation is prohibited. This includes,
but is not limited to: material legally judged to be threatening or
obscene, material in violation of any trademark, copyright, patent,
statutory or common law, and material protected by trade secret. The
Client agrees to indemnify and hold aNet harmless from any claims
resulting from the Client's use of its services which damages the
Client or another party.
12.
Billing for aNet's service will normally commence when the Client's
server is installed on aNet's facilities. Service is invoiced in advance
and may be cancelled in writing with 30 days' notice with no penalty.
aNet reserves the right to change any and all rates of charge by notifying
the Client 60 days in advance of the effective date of the change.
13.
Payment is due 15 days after date of invoice. The Client's account
is considered in default if payment is not received within 30 days
after date of invoice. If Client's payment is returned to the Provider
unpaid, Client is immediately in default and subject to a returned-check
charge of $20. Accounts unpaid 45 days after date of invoice may have
service interrupted. Such interruption does not relieve the Client
from the obligation to pay the monthly charge. Only a written request
to terminate service relieves the Client of his/her obligation to
pay the monthly account charge. Accounts in default are subject to
an interest charge of 1.75% per month or maximum allowed by State
law. In the case of default, the Client agrees to pay aNet all reasonable
expenses, including attorney and collection agency fees, incurred
in enforcing aNet's rights under these Terms and Conditions.
14.
The aforementioned terms, conditions and general information in this
Agreement are not all-inclusive and are subject to change at the sole
discretion of aNet.