1. NetGate Internet exercises no control whatsoever over the content
of any information located on or passing through our network. NetGate
Internet specifically denies any responsibility for the accuracy
of information obtained through our services. Any and all information
obtained through NetGate Internet network services is at your own
2. NetGate Internet is committed to and supports the free flow
of information and ideas over the Internet. NetGate does not actively
monitor nor does NetGate exercise editorial control over the content
of any web site, electronic mail transmission, mailing list, news
group or other material created or accessible over NetGate services.
However, NetGate reserves the right to remove any materials NetGate
does become aware of that are, in NetGate's sole discretion, potentially
illegal, could subject NetGate to liability, or violate this Terms
of Use Policy ("Policy"). Your violating this Policy may
result in the suspension or cancellation of your NetGate services.
3. NetGate Internet services are to be used for lawful purposes.
NetGate Internet reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected
crime or civil wrong. Activities which are prohibited as potentially
illegal include, but are not limited to:
- Unauthorized copying of copyrighted material.
- Exporting software or technical information in violation of
U.S. export control laws.
- Posting or emailing of scams such as 'make-money-fast' schemes
or 'pyramid/chain' letters.
- Threatening bodily harm or property damage to individuals or
- Making fraudulent offers of products, items, or services originating
from your account.
- Attempting to access the accounts of others, or attempting to
penetrate security measures of NetGate's or other entities' systems
("hacking"), whether or not the intrusion results in
corruption or loss of data.
4. As a customer of NetGate Internet and a user of our services
you acknowledge that you are expressly prohibited from utilizing
NetGate Internet service, NetGate Internet equipment or any NetGate
Internet electronic mail address in connection with the sending
of the same or substantially similar unsolicited electronic mail
message, whether commercial or not, to a large number of recipients,
50 or more recipients or 15 or more newsgroups in a single day.
This prohibition extends to the sending of unsolicited mass mailings
from another service which in any way implicates the use of NetGate
Internet service, NetGate Internet equipment or any NetGate Internet
electronic mail address.
5. As a customer of NetGate Internet and a user of our services
you acknowledge that you are expressly prohibited from the following:
5.1. Forging any message header, in part or whole, of any electronic
transmission, originating or passing through NetGate Internet
5.2. Prohibited from distributing viruses to or from NetGate
5.3. Prohibited from using software or any device that would
allow your account to stay logged on while you are not actively
using NetGate services or use the account for the purpose of operating
a server of any type.
5.4. At no time can there be simultaneous use of the same username
and password combination.
5.5. Disrupting any newsgroup with frivolous, excessively vulgar,
or repetitious postings.
5.6. Posting articles to any USENET or other newsgroup, mailing
list or similar forum which are off-topic according to the charter
or other public statement of the forum.
5.7. Posting of binary, or excessively large, unrelated text
files to non-binary news groups that have specifically requested
such material not be posted in the group's FAQ (Frequently Asked
5.8. Installation of 'auto-responders', 'cancel-bots' or similar
automated or manual routines which generate excessive amounts
of net traffic, or disrupt net newsgroups or e-mail use by others.
6. As a customer of NetGate Internet and a user of our services
you and your company agree to indemnify and to hold harmless NetGate
Internet from any and all claims resulting from your use of the
service which causes damage to you or any other party. NetGate Internet
shall not be liable, either in contract or in tort, for the protection
from unauthorized access of its customers transmission facilities
or customer owned premise equipment, or for unauthorized access
to or alteration, theft or destruction of a customers data files,
programs, or information through accident, fraudulent means or devices,
or any other method, even should such access occur as a result of
NetGate Internet negligence.
7. NetGate Internet will not be responsible for performance of
its obligations hereunder where delayed or hindered by war, riots,
embargoes, strikes, acts of God, or acts of its vendors or suppliers.
Should such occurrence continue for more than 30 days, NetGate Internet,
or its customers may cancel service for the affected services or
products with no further liability.
8. NetGate Internet will not be responsible for any damages your
business may suffer. NetGate Internet makes no warranties of any
kind, expressed or implied for services we provide. NetGate Internet
disclaims any warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays, nondeliveries,
wrong deliveries, and any and all service interruptions caused by
NetGate Internet and its employees by its own negligence or your
errors or omissions.
9. Rates are set forth on the NetGate Internet Service Order Form.
NetGate Internet will provide 30 days written notice of any change
in our rates. Our customer then has 10 days from the date of the
effective rate change to provide NetGate Internet with a written
request to terminate service and incur no termination liability.
Otherwise the customers existing service will be billed at the new
10. Installation charges, if any, and one month's port charges
are required to be paid in full at the time services are ordered.
These charges are nonrefundable. NetGate Internet will subsequently
synchronize your payments to the first month, independent of actual
start date. Service is invoiced monthly in advance for all services.
Payment is due in full by the first of the month. There is a 5 day
grace period. Failure to meet this deadline may result in service
interruption. If your payment is returned to us unpaid you are immediately
in default and subject to a returned check charge of $10.00. Accounts
in default are subject to an interest charge of 1.5% per month on
the outstanding balance. If you default, you agree to pay NetGate
Internet its reasonable expenses, including attorney and collection
fees, incurred in enforcing its rights under these Terms and Conditions.
11. Only a written request to terminate service relieves you and/or
your company from the obligation to pay your charges. To terminate
service, a company or an individual must provide NetGate Internet
with notice any time prior to the end of the current billing cycle. Service termination is effective on the date you cancel or at the end of your current billing cycle, whichever you decide, and any paid charges are not subject to refund. If you cancel your service before the end of your billing cycle, there are no pro-rated refunds.
12. Customers are responsible for the use and compatibility of
their own hardware and software. In the event that the customer
uses hardware and/or software that impairs the customers use of
NetGate Internet services, the customer shall nonetheless be liable
for regular payments to NetGate Internet. Upon notice from NetGate
Internet that the hardware and/or software is causing, or, in the
sole opinion of NetGate Internet, is likely to cause hazard, interference,
or service obstruction, the customer shall eliminate the hazard,
interference, or service obstruction at once. Customers may, if
necessary, pay NetGate Internet to troubleshoot problems caused
by such equipment. NetGate Internet will not be responsible if any
changes in hardware, software, or services cause the customers equipment
to become obsolete, or require modification or alteration. NetGate
Internet will, at its option, supply technical services in the form
of consulting and/or service to customers at their request. Such
services will be billed at rates that are in effect at the time
such services are requested. NetGate Internet reserves the right
to refuse any such technical services at its sole option.
13. NetGate Internet reserves the right to assess legal fees,
including attorney and court fees, upon any customer who, by their
action or inaction, directly or indirectly causes NetGate Internet
to be a defendant or codefendant in any civil or criminal legal
14. As a customer of NetGate Internet you may not assign or transfer
your service order without prior written consent of NetGate Internet.
NetGate Internet may at any time sell, assign, or transfer this
agreement with no notice. NetGate Internet reserves the right to
terminate service at anytime.
15. NetGate Internet reserves the right to change its rates and
otherwise modify the Terms and Conditions by notifying you 30 days
in advance of the effective date of such changes. These Terms and
Conditions supersede all previous representations, understandings,
or agreements and shall prevail notwithstanding any variance with
the Terms and Conditions of any and all orders submitted.
16. These Terms and Conditions cannot be modified except by written
amendment by the parties. No agent, employee, or representative
of NetGate Internet has the authority to bind the parties to any
representation or warranty unless such is specifically included
in these Terms and Conditions, NetGate Internet Service Order Form
or with a written amendment thereto. Disputes arising under this
agreement shall be sent by registered mail to the parties to the
address shown on the most recent service order. This agreement is
governed by the laws of the State of California.
17. This Agreement is effective from your acceptance thereof,
indicated by your clicking the "Yes" button at the end
of this Agreement or upon the first use of the Service through your
account, whichever is
first. If you are a current NetGate member when this Agreement is
activated, your continued use of the Service constitutes your acceptance
of this Agreement.
If you have any questions please send them to firstname.lastname@example.org