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SERVICE AGREEMENT

Service Agreement

 

Terms and Conditions

 “Subscriber” refers to the person or entity signatory to this document.

 1.       Payment of Accounts

Services must be paid for in advance either by checking account direct debit, major credit card or by check.  Checks, direct debits or credit card charges returned to GreenNet® unpaid are subject to a $25.00 returned payment fee and the account is immediately placed in default.  Payments received later than ten days after the start of a billing period will also place the account in default.  Service to accounts in default will be suspended and those accounts may be subject to a $20.00 reconnection fee once payment in full of all past due amounts is received.  Suspension of service does not remove the subscriber from the obligation to pay GreenNet®.  Only a written cancellation request will relieve the subscriber from his or her obligation to pay the monthly fee.  Accounts placed in default, as well as past due accounts are subject to a 1.5% per month interest charge on the outstanding balance.  If the subscriber is in default, he or she agrees to pay GreenNet® its reasonable expenses, including attorney and collection agency fees, incurred while enforcing its rights set forth in this document.

Subscribers who opt for checking account direct debit or credit card payment will have their periodic fees automatically charged/debited to the specified credit card/checking account upon account activation.  Accounts beginning at any time other than the first of the month will be charged a pro-rated first month fee.  Thereafter, the subscriber’s credit card/checking account will be automatically charged on or about the second day of every billing period.

GreenNet® offers direct periodic billing, net 20, with payment completed by bank check.  Invoices are issued 30 days prior to the billing period.  A 1.5% monthly charge is added to payments not received by GreenNet® by the first day of the billing period.  Pre-paid one-year accounts are entitled to a one-month discount.  Credit card charges and direct debits will include the current billing period’s recurring rate and last billing period’s additional charges, if any.

Service charges and fees are subject to change.  The subscriber will be notified 30 days before said rate change takes effect and will have 15 days from the date of mailing of the rate change to notify GreenNet® of the cancellation of his or her service agreement.  If no written notice (via postal mail, e-mail or fax) of cancellation is received by GreenNet® in that time period, the subscriber understands and agrees to be bound by the higher rate beginning at the next billing cycle.

Subscriber agrees to pay all applicable federal, state and local fees and taxes. When accessing GreenNet® servers through a dial-up connection, the subscriber agrees to pay for all long distance charges levied by the Telephone Company, if any.

2.       Cancellation of Subscriptions

The subscriber is allowed to cancel service with GreenNet® at any time for any reason.  A 30-day notice is required, however.  In addition, periodic fees already paid and/or charged will not be refunded.  This includes quarterly, semiannual and annual accounts.  GreenNet® reserves the right to terminate an account at any time for any reason.  An account terminated by GreenNet®  without cause will be refunded all unused fees.  An account terminated by GreenNet® because of a violation of this Service Agreement will not be refunded any fees already pair or charged.

3.   Service and Performance, Disclaimer of Warranties, Limitations of Liability, Prohibited Activities and Maintenance of Subscriber’s Files

GreenNet® will make reasonable efforts to assure that the service is available 24 hours a day, seven days a week. However, it is possible that there will be interruptions of service.  GreenNet® will endeavor to provide you with electronic notification, if an interruption of service is known sufficiently in advance. The service is provided over a shared network and users will contend for bandwidth.  GreenNet® will undertake reasonable network management, traffic analysis, and a user policy to ensure that appropriate bandwidth is available at all times. However, there could be times when a server is down and not available because of unscheduled repair and maintenance, “Denial of Service” attacks an/or other causes.

GreenNet® does not control the content of information that moves through its computers.  GreenNet® warrants that if a subscriber is dissatisfied with the service, GreenNet® will, upon written notice from the subscriber which includes an explanation of the dissatisfaction, and after GreenNet® has been given an opportunity to correct the problem, GreenNet® will refund any prepaid fees more than one billing period in advance.  With the sole exception of the foregoing, GreenNet® makes no warranties of any kind, either expressed or implied, including but not limited to merchantability or fitness for a particular purpose.  GreenNet® is not responsible for any damage resulting from the use, loss of use, or misuse of its service, even if GreenNet® has been advised of the possibility of such damage.  Damage includes, but is not limited to, data loss as a result of delays, misdeliveries, non-deliveries, and interruption of services.

GreenNet®’s Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.  This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Violations of system or network security are prohibited and may result in criminal and civil liability.  Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A subscriber shall not use GreenNet®’s mail server to relay mail without GreenNet®’s express written permission.  Posting the same or similar message to more than 10 e-mail addresses or newsgroups (also known as “SPAM”) is explicitly prohibited.  Any prohibited activity may be considered grounds for immediate termination of the subscriber’s account, without prior notice. Pre-paid amounts by “Spammers” will not be refunded.

Subscriber agrees that GreenNet® has the right to delete all data, files, or other information that is stored in subscriber’s account on GreenNet®’s servers if the account is terminated, either by GreenNet® or by the subscriber.  The subscriber also agrees to keep his/her directory clean and to download or delete any files in excess of quotas.  GreenNet® reserves the right to delete files from any user’s account if that user fails to maintain their directory within established quotas.

These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order previously submitted.  GreenNet® reserves the right to refuse accounts.

By using GreenNet’s network and servers, or by paying any amount billed to your account, you consent to the Terms and Conditions set forth in this Agreement.  If you do not agree with these Terms and Conditions, do not use our network and services and notify us immediately to cancel service.

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