1. NetGate exercises no control whatsoever over the content of any information located on or passing through our network. NetGate specifically denies any responsibility for the accuracy of information obtained through our services. Any and all information obtained through NetGate network services is at your own risk.
3. NetGate services are to be used for lawful purposes. NetGate 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 groups.
- 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 and a user of our services you acknowledge that you are expressly prohibited from utilizing NetGate service, NetGate equipment or any NetGate 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 service, NetGate equipment or any NetGate electronic mail address.
5. As a customer of NetGate 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 services.
5.2. Prohibited from distributing viruses to or from NetGate systems.
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 Questions).
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 and a user of our services you and your company agree to indemnify and to hold harmless NetGate from any and all claims resulting from your use of the service which causes damage to you or any other party. NetGate 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 negligence.
7. NetGate 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, or its customers may cancel service for the affected services or products with no further liability.
8. NetGate will not be responsible for any damages your business may suffer. NetGate makes no warranties of any kind, expressed or implied for services we provide. NetGate disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by NetGate and its employees by its own negligence or your errors or omissions.
9. Rates are set forth on the NetGate Service Order Form. NetGate 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 with a written request to terminate service and incur no termination liability. Otherwise the customers existing service will be billed at the new rates.
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 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 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 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 services, the customer shall nonetheless be liable for regular payments to NetGate. Upon notice from NetGate that the hardware and/or software is causing, or, in the sole opinion of NetGate, 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 to troubleshoot problems caused by such equipment. NetGate 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 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 reserves the right to refuse any such technical services at its sole option.
13. NetGate 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 to be a defendant or codefendant in any civil or criminal legal action.
14. As a customer of NetGate you may not assign or transfer your service order without prior written consent of NetGate. NetGate may at any time sell, assign, or transfer this agreement with no notice. NetGate reserves the right to terminate service at anytime.
15. NetGate 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 has the authority to bind the parties to any representation or warranty unless such is specifically included in these Terms and Conditions, NetGate 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 Oregon.
17. This Agreement is effective from your acceptance thereof, which is 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.
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