Nothin But Net

Nothin But Net, LLC
Terms of Service Agreement & Acceptable Use Policy

After reading this document, please Click on one of the appropriate links at the BOTTOM of the document when finished to continue with the On-Line Account Setup.

If you have any questions that fall outside of the subjects covered, please feel free to contact our management at your convenience for further clarification.

Throughout this Agreement, Nothin But Net refers to Nothing But Net, L.L.C., the Internet Service Provider or ISP. "You" or "User" refers to the client opening an account with Nothin But Net.

Nothin But Net, LLC is an Internet Service Provider (ISP), meaning that we provide Internet based services such as Electronic mail, and World Wide Web page hosting, among MANY other services. Nothin But Net, LLC is also an Internet Access Provider (IAP), meaning that we provide connectivity to the Internet including but not limited to Dial-up Modems, ISDN Modems and High Speed Digital Leased Lines. Just to clarify, Nothin But Net, LLC is NOT a Telephone Company, we do not represent Bell Atlantic or any other Telephone company in any way. Also, Nothin But Net, LLC is NOT a computer store, we do NOT service, or repair computers, nor do we sell hardware, software or install and support software other than Internet related software, like Web Browsers or Email programs. If you are having computer problems, we do have a list of reputable computer dealers that will be more than glad to help you with your hardware and software issues. Many of them even give a discount to Nothin But Net, LLC subscribers.

Nothin But Net, LLC offers personal and business accounts with "un-metered use". Un-metered use is defined as interactive, in-person access to the Internet via Nothin But Net, LLC. Users of Nothin But Net agree to abide by this acceptable use policy, by continued use of the system and by their subscription to the system.

IF YOU DO NOT COMPLETELY AGREE WITH THESE TERMS AND CONDITIONS, DISCONTINUE THE USE OF YOUR ACCOUNT IMMEDIATELY AND CONTACT NOTHIN BUT NET, LLC TO MAKE ARRANGEMENTS TO CANCEL YOUR ACCOUNT.

Unacceptable Use
The following are prohibited uses of your Nothin But Net, LLC account, and can cause Immediate suspension of Dial-In Privileges:
Giving others access to your account. Accounts are for one person only. Multiple logins using a single login ID are NOT permitted.
Dialing in from the same or more than one location simultaneously, that is, using more than one modem connection with the same ID.
Each user is entitled to engage a maximum of one dialup line at a time; however, multiple Telnet connections are permitted, with or without a dialup connection being in effect at the time.
Use of any program that establishes or reestablishes an unattended connection, for example, using automatic re-dialing programs or mailers that automatically download mail while you are away. Access is for interactive use only.
SHELL accounts that use SLIP emulators (such as TIA, SLIRP, etc.), ping daemons, and other programs that simulate an active connection or run in the background is not permitted. Accounts that use these emulators will be force upgraded to SLIP/PPP accounts and be billed accordingly.
Using your account to provide Internet bound access to your computer. In other words, using your computer and connection as a "server" instead of as a "client". Running servers on dialup SLIP/PPP is prohibited. Servers are allowed on dedicated lines and dedicated accounts ONLY.
All prices quoted for personal accounts are for non-commercial use.
All personal accounts are for non-commercial use ONLY (commercial use is defined as "conducting business" buying, selling and/or supporting goods and/or services). No resale of service is permitted with personal accounts, these accounts MUST be upgraded to Commercial Accounts.
Dedicated SLIP/PPP and Commercial accounts are not intended for resale and are for one (1) organization only. Contact Nothin But Net for more information about resale-able account pricing.

Respecting Others:
Respect the privacy of other users. Users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users, or represent themselves as another user. Please remember to respect the legal protection provided by copyright and license to programs and data. Malicious use is not acceptable. Use should be consistent with guiding ethical statements and accepted community standards. Nothin But Net's networks may not be used in ways that violate applicable laws or regulations.
It is ILLEGAL to use pirated software (WAREZ). Anyone using, storing or trafficking unlicensed software on Nothin But Net's System, will have their account terminated immediately, with NO refund of unused time available. Plus a review for Legal accountability will be performed.
Nothin But Net,LLC will reserve the right to suspend or terminate and account if a notice of copyright infringement is received.

Respecting the Integrity of Computing Systems:
Users, both Personal and Corporate will not intentionally harass other users or infiltrate a computer or computing system and / or damage or alter the hardware or software components of a computer or computing system, as to affect that system in a negative way, or develop and implement software to do the same. (WARNING! Federal Statutes may apply!)

Connectivity:
While Nothin But Net,LLC has an aggressive "no-busy" policy, with the recent developments and problems that the Bell companies have had with scheduling and infrastructure there may be times that because of delays in scheduling or equipment failure, one might experience temporary busy signals (usually a repeated call will connect without problems). If you should experience repeated busies, or a ring-no-answer state, Please call the Nothin But Net office, (856) 222-1514, to notify us immediately.
With respect to Internet connectivity and content, Nothin But Net,LLC has implemented numerous safeguards and alarms to notify us 24/7/366 if ANY loss of Internet connectivity occurs between us and the Internet backbone, or if any hardware failure occurs. Even with all these safeguards in place, loss of connectivity can still occur from outside of our domain, or hardware fail. For this reason Nothin But Net, LLC cannot "guarantee" any type of connectivity or content to the net, nor can we be responsible for loss of connectivity, or content (like lost requests, lost email, or lost content).
POP (Point of Presence) Use: Users are responsible for determining which Nothin But Net, LLC, POP (Point of Presence) is most appropriate for their use and configuring their systems accordingly. Nothin But Net, LLC will not be responsible for a users phone charges under any circumstances and/or reasons. NOTE! If You have any questions about the Local (Non-Toll) access number for your location please call our office at (856) 222-1514, or your local Telephone company directly.

Unsolicited Email "SPAM":
Nothin But Net, LLC will subscribe to ANY, and as many email filtering services, in its sole discretion, to take action to "PROTECT" the Nothin But Net, LLC system and its users from ANY type email attack, whether it be "Open Relay's", Bulk Mail attacks, etc...
Nothin But Net, LLC will investigate complaints regarding e-mail and may, in its sole discretion, take action based on the rules below. If an e-mail message is found to violate one of the policies below, or to contain unlawful material, as described in other sections of this policy, Nothin But Net, LLC may take action as outlined.
Nothin But Net, LLC account-holders may not send e-mail to any user who does not wish to receive it, either on Nothin But Net system or elsewhere. Nothin But Net, LLC recognizes that e-mail is an informal medium; however, account-holders must refrain from sending further e-mail to a user after receiving a request to stop.
Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. Nothin But Net, LLC account-holders may send advertising material only to addresses which have specifically requested it. Nothin But Net, LLC will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.
Chain letters are unsolicited by definition and may not be propagated using Nothin But Net, LLC resources.
Nothin But Net, LLC account-holders may not send, propagate, or reply to mail-bombs. Mail-bombing is defined as either e-mailing copies of a single message to many account-holders, or sending large or multiple files or messages to a single user with malicious intent.
Nothin But Net, LLC account-holders may not alter the headers of e-mail messages to conceal their e-mail address or to prevent account-holders from responding to messages.
Nothin But Net, LLC Users may not use programs or services to try to hide, mask, redirect, or in any way anonymize their email identity.
Violations of the Nothin But Net, LLC policies outlined in this document can sometimes result in massive numbers of e-mail responses. If a Nothin But Net, LLC account-holder receives so much e-mail that Nothin But Net, LLC resources are adversely affected, Nothin But Net staff may shut down the account-holders mailbox, and / or account, without notice, as to protect the Nothin But Net, LLC resources.
Any customer (Personal or Commercial) violating Nothin But Net's anti-spam policy will be billed at the rate of up to, but not limited to $200.00 per hour for any work incurred by our support, help-desk, system administration or Legal personnel as a result of this activity. There will be NO exceptions, and it is our policy in such instances to employ aggressive collection procedures, including litigation if required.

Usenet Posting:
Every user MUST read the messages regularly posted to the group news.announce.new-users, BEFORE posting any articles to any particular newsgroup, and insure that they are familiar with the policies and formalities (if any) of that specific group. Please post articles appropriately, according to USENET guidelines. "Spamming" or any of it's related forms, are expressly prohibited and can be cause for immediate termination, with NO refund of unused time available. Mass mail-outs also fall into this area, and are defined as sending unsolicited messages or files to multiple locations or users. This activity is also a policy violation and is grounds for immediate termination.

Resources:
In an effort to make as many resources available to the end user as possible, Nothin But Net,LLC reserves the right to reschedule the priority of a process, or terminate certain processes deemed to be a strain upon resources (processor time, memory, or storage space). Users should be conscious of their resource usage, and attempt to keep it to a reasonable level.
In an attempt to ensure users may temporarily store large amounts of information on Nothin But Net,LLC facilities, users are allotted temporary storage space for rapid transfer of information and data to their personal system. This space is subject to deletion every 24 hours, and may be deleted at any time should space become
a problem, at the discretion of Nothin But Net, LLC. Users should keep in mind the space needs of other users, and delete files they have placed there when they have finished with them.

WWW Home Pages and Commercial Websites:
Bandwidth:
Nothin But Net, LLC allows its users free web pages so long as the users web page daily data transfer average is ten kilobytes (10K) per second per month or less. Once the user exceeds this limitation, the user is subject to the corporate web page rate of service as outlined in our price guide.
Content:
So long as the content of the users web pages does not break any United States laws (namely pirated software, child pornography, etc.), the user is free to publish content without censure. Nothin But Net,LLC Personal Note: Given the above statement, on the more personal side, Nothin But Net, does ask that if a user feels the need to post material that some might deem objectionable, please put appropriate warnings, filters, passwords, etc... on these pages and to please not have this material on the main (index.html) page. Since our children search through our own home pages, we are sure that you agree that you would not want your children to stumble across something surprising.
Security:
Nothin But Net,LLC does not own or control all of the various facilities and communications lines through which it may provide access. Accordingly, Nothin But Net,LLC shall not be responsible for user/access security. However, Nothin But Net,LLC will assist in network security breach detection and identification and in establishing limited access when requested.
Domain Name Registration Service:
When Nothin But Net, LLC registers a Domain Name for a customer, we follow the guidelines for contact information set forth by Network Solutions Registration Services ( Internic ), encapsulated below.
Administrative Contact/Agent:
The administrative contact/agent is an individual or role account authorized to interact with Network Solutions on behalf of the domain name registrant. The administrative contact/agent should be able to answer non-technical questions about the domain name's registration and the domain name registrant. It is strongly recommended that the administrative contact/agent be the registrant or someone from the registrant's organization.
Technical Contact/Agent:
The technical contact is the person or organization who maintains the primary domain name server. The technical contact should be able to answer technical questions about the domain name's primary domain name server and work with technically-oriented people in other domains to solve technical problems that affect the domain name.
Billing Contact/Agent:
The billing contact is the person or role account designated to receive the invoice for domain name registration and renewal (re-registration) fees. The billing contact should be in a position to ensure prompt payment of fees.

NOTE!
While the the Administrative contact may be changed, per Internic Specifications, Due to issues with "Domain Hijacking", Nothin But Net, LLC "MUST" be set as the Billing and Technical Contacts, in as much as Nothin But Net, LLC is responsible for handling the domains Primary, and Secondary DNS routing for the domain(s) including Web, email, and other services, any issues with billing and contact changes can impede the management of the domain(s). This policy "must" remain in effect for as long as the Domain "Registrant" is a customer of Nothin But Net, LLC.

Transfer of Domain and or Content
(Commercial Accounts Only):
The transfer of ANY Domain or Content residing on the Nothin But Net system CANNOT take place unless and until the Commercial account is "Current" ( no balance owed ).

Expired Accounts:
Customers' expired accounts will be retained for thirty days maximum after expiration and then removed. Email forwarding is available for a maximum of thirty days upon request at no extra charge.
Terminated accounts lose all rights to files and mail contained therein, and no refund will be granted.

Cancellation of Accounts:
Nothin But Net reserves the right to cancel any account, at anytime, for any reason.
ALL accounts require a 30 day written notice of cancellation and data transfer (accounts must be up to date in order to transfer applicable "html" files, and domain information).
Paperwork required for Commercial account Domain Name Transfer cannot be completed unless and until the Commercial account is "Current" (no balance owed).
Service cancellation will occur and billing will cease on the last day of the month that notification is received by mail in our office, the account is "Current" (no balance owed), and the use of "ALL" resources have been transfered (domains moved, leased lines "Disconnected", etc...).
If a prepaid account cancels and there is a refund due, the refund of ANY Prepaid discounted access plan will be rebated back at the Month to Month rate for the time used.
Please Remember:
Cancellation of service must be in writing.
Fax, verbal, and electronic mail request
CANNOT be accepted.

Billing Policies:
Nothin But Net, LLC bills our accounts monthly, quarterly, semi-annually, or annually.
Invoices are due in full upon receipt. Payment shall be in the form of check or money order and made payable to Nothin But Net, LLC. Do NOT send cash.
Accounts more than 15 days delinquent are subject to suspension.
Accounts that attain a delinquent status more that 3 times will be required to Prepay one month in advance to remain on our service.
Should a payment be returned by the bank, your account will be charged a $25.00 (Twenty Five Dollar) processing fee.
Should an account be suspended for any reason there will be a service restoration charge of $25.00 (Twenty Five Dollar).
"Delinquent", "Suspended", or "Canceled" accounts will be charged Interest (the maximum allowed by the State of New Jersey) on any unpaid balance, and shall continue to accrue such interest until the account balance is paid in FULL.
ALL Accounts with "Delinquent", "Suspended", or "Canceled" status will also be subject to a "LATE FEE" of $25.00 (Twenty Five Dollars), charged to the account every month until the balance is paid in FULL.
Should "Collection" of unpaid balances be necessary the account holder will be responsible for ALL collection expenses, NOT limited to Interest charges, Penalties and Attorneys Fees.
NOTE: If you have or foresee a problem with a payment or a bill please contact us via Email or by phone, and we will discuss any issue in detail.

Loss of Data:
Customer assumes full responsibility for data storage and maintaining backups or copies of their files and web-site programs, scripts, macros and other electronic data that are unique and owned by Customer and reside on the Nothin But Net, LLC servers. Customer accepts and agrees that Nothin But Net, LLC is not liable for the loss of Customer files and web-site programs, scripts, macros and other electronic data that are unique and owned by Customer that reside on the Nothin But Net, LLC servers. In the event of technical difficulties, Nothin But Net, LLC will make best efforts to resolve the difficulties in the shortest time frame technically and physically possible. Nothin But Net, LLC agrees to perform faithfully, industriously, and to the best of their ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Agreement, to the reasonable satisfaction
of Customer.

Limit of Liability:
You agree that Nothin But Net, LLC's entire liability, and your exclusive remedy with respect to your use of the Nothin But Net, LLC Network, your use of the Access software, and any breach of this Agreement is solely limited to the amount you pay Monthly to use the Access Service. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Disclaimer:
Nothin But Net, LLC disclaims any and all loss or liability resulting from, but not limited to:
Loss of data
Loss of software or hardware
Loss or liability resulting from access delays or access interruptions
Loss or liability resulting from computer viruses
Loss or liability resulting from the non-delivery or misdelivery of data
Loss or liability resulting from any errors, omissions, or misstatements in any and all information, goods or services obtained on or through the Nothin But Net, LLC Network
Loss or liability resulting from acts of God.

Jurisdiction:
Nothin But Net is a New Jersey Limited Liability Company. By opening an account you agree that you are doing business in the State of New Jersey, establishing minimum contacts with the State of New Jersey and consent to personal jurisdiction over you by the Courts of the State of New Jersey. Both Nothin But Net and the User agrees that all causes of action shall be brought by either party in the State of New Jersey. Both Nothin But Net and the User agree that the laws of New Jersey shall apply to all disputes between Nothin But Net and the User.
Nothin But Net, LLC reserves the right to revise the Terms & Conditions of Service (Notices, Billing and Acceptable Use Policy), billing rates, charges and services provided under this Agreement. This agreement shall be governed by the laws of the State of New Jersey, in the United States of America.

Agreement:
By opening your account with Nothin But Net you acknowledge that you have read and agree to be bound by the Acceptable Use Policy above, without exception. I also understand and agree that failure to comply with any of these policies would be grounds for immediate account termination with NO refunds.

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Email: sales@nothinbut.net