geeksnet - Terms and Conditions

Terms and Conditions

GEEKSNET TERMS AND CONDITIONS V1.4
Updated 22 December 99

AGREEMENT: This service agreement ("Agreement") is between Geeksnet ("Geeksnet", "us", or "our") and the Subscriber ("you" or "your"). This Agreement sets forth the terms and conditions under which Geeksnet agrees to provide, and you agree to use, Geeksnet Internet Access Services ("service" or "services").
FORMATION: You agree that by clicking "I agree" during the Geeksnet on-line registration process, or by providing verbal assent to an agent or employee of Geeksnet, or by signing a written agreement form, and subsequently beginning or continuing to use Geeksnet Internet Access Services, you consent to be bound by and do become a party to this Agreement. You will receive an electronic mail copy of this Agreement as a memorandum hereof when you access your new Geeksnet electronic mail account. In addition, you agree to comply with any amendments to this Agreement for which you receive notification by continuing to use the services after receiving such notification (see paragraph under the heading "Amendment", below). The current and binding terms of this Agreement are always set forth on the Geeksnet home page at http://www.geeksnet.com. If at any time you do not agree or no longer agree to comply with the terms of this Agreement you are not authorized to use Geeksnet Internet Access Services. If at any time you do not agree or no longer agree to comply with any amendment which was not part of this Agreement at the time you purchased services, you have the right and duty to terminate this Agreement pursuant to the subscriber termination procedure provided herein (see paragraph under the heading Termination by Subscriber, below). If you determine, within 24 hours of the time at which your account is activated, that the terms of this Agreement are not acceptable, you may cancel your subscription (see paragraph under the heading "Cancellation", below).
CONTACT INFORMATION: You agree to provide Geeksnet with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail and street address, or telephone and fax number, or any other information that you provide to Geeksnet in order to receive or to continue receiving services. Further, you agree to provide Geeksnet with updated registration information within a reasonable period of time following the change in circumstance (e.g., taking new job results in a new work telephone number) that creates the need for updated information.
PERIOD OF SERVICE: You agree to pay for the period of service you select at the time you purchase services. This period will be specified in your service invoice. You agree that it is your responsibility to review your service invoice within a reasonable period after receiving your copy, to ensure that the invoice accurately indicates the period of service you requested. If not, it is your responsibility to immediately notify Geeksnet to amend the invoice to indicate the period of service you requested. Your period of service commences on the date on which your account is activated.
RENEWAL OF SERVICE: Unless specified otherwise, all accounts will renew automatically at the end of the period corresponding to the plan that you select when you purchase services. If you do not wish to renew your account, you must follow the steps outlined in the section "Cancellation" below.
INTERNET ACCESS SERVICES: Geeksnet agrees to provide you with Internet Access Services according to your specifications, at the time you make your purchase, regarding speed and type of connection. Regardless of your specifications, Geeksnet Internet Access Services include:
- Unrestricted TCP/IP transport to the Internet.
- One or more electronic mail addresses.
- A licensed copy of one or more Internet browser software programs or protocol settings for your existing browser software.
- Hosting for a web site of at least 10 MB.
56K SERVICE: Geeksnet supports the V.90 ITU standard modem protocol for 56K modems, enabling upload speeds up to 33.6 Kbps and faster download speeds (maximum 53K) for many local phone lines. Due to FCC limitations and phone line conditions, 56K is not a guaranteed connection rate. V.90 access is not available in all areas.
ACCOUNT USAGE: In an effort to provide the highest level of Internet service, Geeksnet dial-up account prices are usage based. A 240 Hour threshold for hours used each month apply. Unused monthly hours are not carried over to the following month. Usage over the threshold will be billed at $1.00 per hour, prorated to the nearest minute. Geeksnet reserves the right to disconnect a dial-up account after15 minutes of inactivity, as detected by Geeksnet through electronic means. Geeksnet reserves the right to electronically audit connections to enforce the above requirements. Geeksnet reserves the right to terminate your connection after six hours of continual usage to allow other customers to share the modem bank. You can immediately reconnect for another six-hour session.
PERSONAL USE: You agree that use of the services you purchase is limited to your personal use. Personal use means active use by you or by another person who is either under your direct supervision or is using the services with your joint participation. In addition, you agree not to use any automatic redialing device to maintain a constant or extended connection with the Geeksnet network while you are not personally using the services.
STANDARDS OF CONDUCT: You agree to conform your use of services to reasonable standards of conduct generally accepted and applied by Internet users in your community, including but not limited to the following:
- You agree not to use our service in the course of any criminal activity.
- You agree not to use our service in the course of any conduct that constitutes tortious activity, including but not limited to activity that constitutes defamation; fraud; false advertising; or violation of copyright, trademark, service mark, trade dress, or trade secret rights.
- You agree not to use our service in the course of any conduct intended to harass, threaten, or abuse, or that is designed to harass, threaten or abuse, or that actually harasses, threatens, or abuses any person.
- You agree not to use our service to post or distribute obscene materials or other sexually explicit or violent materials, display or distribution of which is restricted by local, state, or federal law.
E-MAIL: Sending mass, unsolicited e-mail is prohibited. Sending unsolicited e-mail advertising a service or web site, newsgroup, etc. located or hosted within the Geeksnet domain space or address space, or service otherwise associated with Geeksnet is prohibited regardless of e-mail point of origin. Sending large volumes of unsolicited e-mail to a single user, or group of users, commercial or otherwise is prohibited.
HARASSMENT: Sending outrageously threatening or harassing e-mail, postings or other messages (for example, making terroristic threats, or threatening physical injury or damage to persons or property), especially after being requested to stop, is prohibited. However, not every "flame" message or angry exchange of postings can automatically be considered harassment. Geeksnet is not responsible for the content or tone of any e-mail or other transmissions of parties using the Internet, you should not expect that Geeksnet will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. However, Geeksnet will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by users who believe they are being subjected to potentially unlawful harassment.
OTHER E-MAIL RELATED ISSUES: Individuals also may not engage in the following activities related to or while using any of the Geeksnet sites or services: Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail, postings or other messages intended for other parties. Mailing or sending files that contain copyrighted, commercial software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents;
- Knowingly or maliciously transmitting files that contain a virus or corrupted data.
- Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends.
- Publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information;
- Using the Geeksnet site or services to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others.
NEWSGROUP/DISCUSSION AREAS: Spamming - Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. Generally accepted standards allow posting to no more than 6 newsgroups, or discussion areas, for a single article or substantially similar articles. Articles posted in violation of these policies may be canceled. Generally, there is no restriction on content or postings, except as defined by each newsgroup or discussion area. Posting binaries to non-binary newsgroups is not allowed. Posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups and discussion areas.
AMENDMENTS TO AGREEMENT: Geeksnet reserves the right to amend this Agreement at any time. You agree to comply with any amendment to this Agreement of which you are notified by continuing to use Geeksnet Internet Access Services after receiving notification regarding that amendment. Notification means that the amendment is made accessible to you by incorporation into the electronic Agreement form posted on the Geeksnet home page; and that you will receive a message explaining, and containing the text of, the amendment at your registered electronic mail address, street address, or fax number. The current and binding terms of this Agreement are set forth on the Geeksnet home page at http://www.geeksnet.com. You agree that it is your responsibility to periodically review the Geeksnet home page and your electronic mail to ensure that your use of the services complies with any amendments.
LATE CHARGES AND COLLECTION: You agree that an interest rate of 1.5%, compounded monthly, will apply to any amounts you continue to owe to Geeksnet after the due date for such amounts has passed. Geeksnet will clarify the due date applicable to your payments in your service invoice. You agree that Geeksnet may assign unpaid delinquent charges to a collection agency for action. In the event Geeksnet resorts to a collection agency, or takes other legal action to recover amounts you owe, you agree to reimburse Geeksnet for all legitimate expenses actually incurred in recovering such amounts (including attorney's fees).
CANCELLATION: During the 24-hour period following the time your account is activated, you may cancel your purchase and receive a full refund of any amount you paid for services. After the initial 24-hour period, and until and including the 14th calendar day after the date your account is activated, you may cancel your purchase and receive a refund of 50% of the price you paid for such services. To receive your refund, you must send a notice to Geeksnet of your cancellation, including your username and password in the notice. You must send this notice by postal mail to Geeksnet/Cancel Service, 111 W. Firetower Rd., Winterville, NC 28590, or by electronic mail to webmaster@geeksnet.com; and you must send the notice within the applicable period. After the 15th calendar day after the date you purchase services, you are NOT entitled to receive any refund.
TERMINATION BY GEEKSNET/VIOLATION OF AGREEMENT: Geeksnet reserves the right to terminate your services before the end of your period of service, without any refund or compensation to you, in the event your services are used in a manner that:
- Violates any of the terms or conditions of this Agreement.
- Tends to damage the good name, or standing in the community, of Geeksnet or its affiliates or subsidiaries.
- Interferes unreasonably with other Subscribers' use and enjoyment of services provided by Geeksnet.
In order to terminate, Geeksnet will send a written termination notice, including a brief statement of grounds, to your registered electronic mail address, street address, or fax number. Geeksnet may thereafter terminate your immediately, unless you first provide Geeksnet with a reasonably adequate explanation or illustration that the grounds set forth for termination are not valid under this Agreement.
TERMINATION BY SUBSCRIBER: In order to terminate services, please submit via postal mail or via fax a letter, in which you set forth your username, real name, signature, and a brief statement of grounds for termination, including specific identification of the relevant amendment(s). Upon receipt of your notice of termination, your account will be terminated and you will not be liable for any future service fees. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by Geeksnet under this Agreement.
NO WARRANTIES: GEEKSNET DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GEEKSNET BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, EVEN IF GEEKSNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY: YOU AGREE THAT GEEKSNET WILL NOT BE HELD LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THAT YOU PAID TO GEEKSNET FOR SERVICES UNDER THIS AGREEMENT.
NO LIABILITY FOR SUBSCRIBER ACTIONS: You agree that Geeksnet is not responsible for any action taken by you while using your services. You agree to take full responsibility for any action performed using your services (whether the action is performed by you or by an unauthorized third-party user of your services). You agree to defend, release, indemnify, and hold harmless Geeksnet, its affiliated companies, and licensors from all liabilities, claims, and expenses, including attorney's fees, arising from any use, authorized or unauthorized, of your services.
SERVICE INTERRUPTIONS: Geeksnet agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall Geeksnet be held liable for any financial or other damages due to such service interruptions.
CONTENT: You agree that all information provided through your use of services is provided "AS IS"; that Geeksnet's link to a web site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service; that any links provided by Geeksnet are maintained by their respective organizations, which are solely responsible for their content. You agree to hold Geeksnet harmless for any and all damages arising out of use of such products, services, or links.
FORCE MAJEURE: You agree that Geeksnet is not responsible for delays, damages or failures in performance due to causes beyond Geeksnet's reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.
NON-WAIVER: You agree that Geeksnet's failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies or options or in any way to affect the validity of this Agreement. The exercise by Geeksnet of any rights, remedies or options provided hereunder, or at law or equity, shall not preclude or prejudice Geeksnet from exercising thereafter the same or other rights, remedies or options.
INTEGRATED AGREEMENT: You agree that this Agreement is the entire agreement between you and Geeksnet regarding the subject matter of this Agreement; and supersedes all prior representations, understandings or agreements regarding the subject matter of this Agreement.
SEVERABILITY: You agree that if any of the terms or conditions in this Agreement are properly found to be invalid or unenforceable by a government body, the remaining terms or conditions of this Agreement shall not be affected by the finding and shall continue to apply.
CHOICE OF LAW: This Agreement shall be treated as though it were executed and performed in Pitt County, North Carolina, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of North Carolina, without regard to conflict of law principles. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in a court of competent jurisdiction in Pitt County, North Carolina. Subscriber expressly submits to the jurisdiction of said courts; and Subscriber consents to extra-territorial service of process. The current and binding terms of this Agreement are set forth on the Geeksnet home page at http://www.geeksnet.com.