NETPRO1’S TERMS AND CONDITIONS
NetPro1’s Terms and Conditions (the “Service Agreement”) is an agreement between NetPro1 LLC (“NetPro1” or the “Company”) and its customers for Internet and/or voice services (“You,” “Your” or “Subscriber”) (NetPro1 and Subscriber, each a “Party” and, together, the “Parties). The Service Agreement outlines the terms under which NetPro1 is providing services to Subscriber and the associated obligations of both Parties.
PART I — THE SERVICE, AND THIS SERVICE AGREEMENT
1. THE SERVICE
The NetPro1 Service consists of (1) Voice over Internet Protocol (VoIP) phone service and/or (2) fixed wireless and/or fiber Internet access as indicated and agreed to at time of service origination.
2. MODIFICATIONS; RIGHTS OF TERMINATION OR SUSPENSION
2.1 MODIFICATION OF THIS SERVICE AGREEMENT; NOTICES.
At any time following delivery of effective notice, published by NetPro1 via Subscriber’s designated email, NetPro1 may modify this Service Agreement, including, without limitation, pricing and billing terms. Subscriber is required to ensure NetPro1 possesses a valid email address for Subscriber for notice purposes. In the event Subscriber does not agree to such modifications, then Subscriber must terminate the subscription and stop using the NetPro1 Service prior to the effective date of such modifications, which will be stated clearly in the Company’s notice to Subscriber. NetPro1 will comply with applicable state and federal notice requirements and, in all cases, will provide a minimum of 10 days’ notice of any modifications. Subscriber’s continued use of the NetPro1 Service after the effective date of such modifications constitutes Subscriber’s acceptance of same.
2.2 MODIFICATION OF THE NETPRO1 SERVICE
Pursuant to Section 2.1, NetPro1 may discontinue, add to or revise any or all aspects of the NetPro1 Service, including access to support services, publications and any other products or services ancillary to the NetPro1 Service. NetPro1 may, among other things, (a) subject to NetPro1’s Statement on Privacy, make available to third parties information relating to NetPro1 or its subscribers, (b) withdraw, change, suspend or discontinue any functionality or feature of the NetPro1 Service, and (c) limit access to the NetPro1 Service to prevent abusive consumption and ensure fair access for all subscribers.
Please note that Subscriber authorizes NetPro1 to automatically check Subscriber’s premise equipment via the Internet and to provide upgrades via the Internet that will be automatically downloaded to Subscriber’s system. In addition, NetPro1 may check the health and status of Subscriber’s system, via the Internet, to ensure that the configuration of Subscriber’s equipment is optimized for use with the NetPro1 Service.
2.3 TERMINATION OF SERVICE AGREEMENT BY SUBSCRIBER
In the event that NetPro1 modifies this Service Agreement, Subscriber may immediately terminate Subscriber’s account and this Service Agreement, without liability for payment of any termination charges, by notifying NetPro1 via email at firstname.lastname@example.org within the notice period provided in Section 2.1. Subject to Subscriber’s payment of the termination charges herein described, Subscriber may also do so at any other time, for any reason or for no reason, upon thirty (30) days’ notice to NetPro1 via email at email@example.com. Subscriber must terminate this Service Agreement in accordance with the terms and conditions specified herein. Failure to do so may delay or prevent NetPro1 from knowing that a termination was intended. Subscriber will continue to be liable under this Service Agreement for all fees and charges until such time as this Service Agreement has been properly terminated. In the event that Subscriber terminates Subscriber’s subscription to the NetPro1 Service prior to the expiration of the minimum commitment period specified for the applicable service plan, Subscriber may be subject to a termination fee not to exceed $400.00 pursuant to the provisions of the monthly rate plan that Subscriber selected.
2.4 TERMINATION OR SUSPENSION OF SERVICE AGREEMENT BY NETPRO1
In the event that NetPro1 either terminates or suspends Subscriber’s account or this Service Agreement for reasons other than breach of this Service Agreement, then NetPro1 shall provide Subscriber a minimum of fourteen (14) days’ notice, or other period of notice as required by applicable law, of such termination or suspension. Except as prohibited by applicable state and federal laws and regulations, NetPro1 may immediately, without prior notice, terminate Subscriber’s account and this Service Agreement in the event of a dangerous condition or a violation of a law or provision of this Service Agreement by Subscriber or any user of Subscriber’s account.
2.5 CONTINUATION OF OBLIGATIONS
Notwithstanding any termination of this Service Agreement or any portion of Your account, nor any suspension or termination of access to or use of the NetPro1 Service, Subscriber will remain responsible for any obligations accrued up to the date of such action(s), including payment of any charges that may be due as a result of or in connection with such action(s). Subscriber’s payment and other obligations under this Service Agreement are not suspended or affected by a suspension of access to or use of the NetPro1 Service, in whole or in part, due to a violation (actual, threatened or credibly alleged) of this Service Agreement or of any law or legal obligation, whether by Subscriber or any user of Subscriber’s account related to the NetPro1 Service.
3. WHO MAY USE THE SERVICE? – RESPONSIBILITY AND SUPERVISION
3.1 AGE AND ACCOUNT SETUP
Subscriber represents that Subscriber is at least 18 years of age and has the right and ability to enter into this Service Agreement. Subscriber agrees that Subscriber is responsible for installing, establishing, setting up, verifying and maintaining the account, options, settings and other parameters under which the NetPro1 Service is used, including, without limitation, all related passwords and user identification information. These account functions may be performed only by a person at least 18 years of age, without exception.
3.2 INSTALLATION OF NETPRO1 EQUIPMENT
Subscriber acknowledges and agrees that NetPro1 or its designated service provider may be required to access Subscriber’s premises or system in order to install and maintain the components necessary for Subscriber to access the NetPro1 Service. This may include opening Subscriber’s computer to install, repair or replace equipment or install software on Subscriber’s computer(s) at Your location and installing a VoIP compatible phone(s). By accepting this Service Agreement, scheduling a service or installation visit and permitting NetPro1 or its service provider(s) to enter Subscriber’s home or business, Subscriber hereby authorizes NetPro1 or its service provider(s) to access Subscriber’s computer(s) for the purpose of installing, repairing or replacing the necessary components. By requesting NetPro1 Service, any Subscriber that is not the owner of the property at which the NetPro1 Service is being installed (e.g., a tenant or lessee) agrees that Subscriber has obtained any necessary permission or clearance from the property owner for the installation. Subscriber shall bear all responsibility for any installation work for which the property owner’s permission has not been granted and for any associated damage to the property. Neither NetPro1 nor its service provider(s) shall have any liability whatsoever for any losses resulting from installation, repair or other services, including, without limitation, damage to Subscriber’s premises or loss of software, data or other information from Subscriber’s computer(s). This limitation does not apply to any damage arising from the gross negligence or willful misconduct of any installation or maintenance service provider. NetPro1 installs ground wire as a matter of course because the ground wire can protect electronic equipment and the premises from damage caused by electrical storms and lightning. Timeframes for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors. Subscriber further acknowledges and agrees that NetPro1 owns all equipment installed and provided in connection with the NetPro1 Service (including any VoIP telephones). Upon termination of this Service Agreement, Subscriber is responsible for returning all NetPro1 equipment within fifteen (15) days of termination.
3.3 SUBSCRIBER RESPONSIBILITY
Subscriber shall be responsible for all access to and use of the NetPro1 Service through Subscriber’s account or password(s) and for any fees incurred for service, software or other merchandise purchased thereon or any other expenses incurred in accordance with the terms of this Service Agreement. Except for items that are the subject of a bona fide dispute that has been noticed to NetPro1 pursuant to Section 4.2 of this Service Agreement, Subscriber promises to timely pay such amounts billed for services, software or merchandise and any related fees, taxes and charges. Permitted users of Subscriber’s account are limited to those entities to whom Subscriber provides access. Subscriber acknowledges that Subscriber is aware that areas accessible on or through the NetPro1 Service may contain material that is unsuitable for minors (persons under 18 years of age). Subscriber acknowledges sole responsibility to prevent minors from accessing unsuitable material through Subscriber’s account, including installation of filtering software. NetPro1 is not responsible for any content accessed by Subscriber or anyone who utilizes the NetPro1 Service.
PART II — PAYMENT
4. FEES AND PAYMENT
4.1 FEES, TAXES AND OTHER CHARGES
Subscriber agrees to pay, in accordance with the provisions of the monthly rate plan Subscriber has selected, any registration, activation or monthly fees, connect time charges, ISP service charges, minimum charges and other amounts charged to or incurred by Subscriber, or by users of Subscriber’s account, at the rates in effect for the billing period in which those amounts are charged or incurred. Subscriber agrees to pay all applicable taxes related to use of the NetPro1 Service by Subscriber or other users of Subscriber’s account. Information on charges and surcharges (if any) that are to be paid to NetPro1 and are incurred by Subscriber or by other users of Subscriber’s account will be made available to Subscriber on the NetPro1 website, and Subscriber agrees that this is sufficient notice for all purposes as to charges incurred, paid or to be paid to NetPro1. NetPro1 reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time following delivery of effective notice, as provided in Section 2.1. Unless required by applicable state or federal law or regulation, Subscriber understands and acknowledges that Subscriber may not receive a bill in the mail for Subscriber’s Service. Additional terms relating to pricing, billing and payment, which are an integral part of this Service Agreement, are set forth and available on the NetPro1 website and are incorporated herein by reference.
Except where additional methods of payment are specifically required to be accepted under applicable law or regulation or as otherwise agreed to by NetPro1 from time to time, Subscriber agrees that Subscriber will provide a major credit or charge card (e.g. MasterCard, Visa, or Discover) or ACH bank authorization that NetPro1 may charge for all fees or other amounts payable under this Service Agreement. Additionally, Subscriber agrees that NetPro1 may pre-charge Subscriber’s monthly fee to the credit or charge card or bank account supplied by Subscriber during activation or subscription or as subsequently updated. With respect to such charges, the following authorization applies: Subscriber authorizes automatic credit or charge card billing by NetPro1. Subscriber agrees that the charges described above will be billed to the credit or charge card that Subscriber provided when Subscriber applied for the NetPro1 Service or as subsequently updated. Subscriber must provide current, complete and accurate information for Subscriber’s billing account. Subscriber must promptly update all information in order to keep Subscriber’s account current, complete and accurate (such as a change in billing address, credit card number or expiration date). If Subscriber fails to provide NetPro1 with any of the foregoing information, Subscriber agrees that NetPro1 may continue billing Subscriber, using the most recently provided contact and billing information for any Service provided under Subscriber’s account, and Subscriber will be required to provide updated payment information and pay applicable late fees for any payments that become overdue as a result of unprocessed charges. Subscriber agrees that NetPro1 will not be responsible for any expenses that Subscriber may incur resulting from overdrawing Subscriber’s bank account or exceeding Subscriber’s credit limit as a result of an automatic charge made under this Service Agreement.
Subscriber agrees that all charges are considered valid unless disputed in writing via firstname.lastname@example.org, as provided in Section 24, within forty-five (45) days of the date of Subscriber’s credit or charge card bill, unless a longer period of time is required by applicable state or federal law or regulation. If Subscriber thinks a charge is incorrect or Subscriber needs more information, Subscriber should contact NetPro1’s billing department. NetPro1 will email Subscriber a statement for each billing cycle showing payments, credit purchases and other charges.
Payment of the outstanding balance is due in full each month. Statements are issued every 30 days from the date Subscriber’s Service started and reflect receipt by such date of any payments submitted by Subscriber and any amounts received on behalf of Subscriber as a result of NetPro1’s submission of charges against Subscriber’s identified credit card or bank account, as applicable. If Subscriber’s entire amount of payment (except for amounts that are the subject of a validly submitted dispute) is not received by NetPro1 within seven (7) days following the due date, NetPro1 will assess, as a late payment charge, the lesser of $5.00 or the maximum amount permitted by applicable law. NetPro1 may assign unpaid late balances to a collection agency for appropriate action. NetPro1 will charge Subscriber a $25 insufficient funds fee for any check or other instrument tendered to the Company by Subscriber and returned unpaid by a financial institution for any reason. Furthermore, if within thirty (30) days of a Statement presenting an amount due, NetPro1 does not receive full payment of the amount due from Subscriber (or has not agreed to payment arrangements for Subscriber), NetPro1 has the right to suspend or terminate Subscriber’s subscription to the NetPro1 Service. NetPro1 will make at least three (3) attempts to collect overdue payments from Subscriber prior to any such termination or suspension. NetPro1’s attempts can include both phone calls and / or email correspondence.
NetPro1 may, but is not required to, accept partial payments from Subscriber. If partial payments are made, they will be applied to statements starting with the oldest outstanding statement. If Subscriber sends NetPro1 checks or money orders marked “payment in full,” or otherwise labeled with restrictive endorsements, NetPro1 can, but is not required to, accept them. Under no circumstances will acceptance of such payment instruments by NetPro1 cause the Company to lose or waive its rights to collect all amounts owed by Subscriber under this Service Agreement. In the case of late payment or non-payment for any of the NetPro1 Services ordered by Subscriber or any of the charges stated herein, Subscriber understands and agrees that NetPro1 may report such late payment or non-payment to the appropriate credit-reporting agencies. If NetPro1 chooses to use a collection agency or attorney to collect money that Subscriber owes NetPro1, or to assert any other right which NetPro1 may have against Subscriber, Subscriber agrees to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney’s fees and court costs, insofar as permitted by applicable law.
4.3 COMMENCEMENT AND DURATION OF SUBSCRIBERSHIP FEES
Subscriber acknowledges that, subject to any exceptions granted by NetPro1, a monthly fee will apply for each and every month, or portion thereof, from the date on which Subscriber enrolls in the NetPro1 Service until effective termination of Subscriber’s NetPro1 Service account. Subscriber’s account will continue until Subscriber terminates the account in accordance with the method(s) specified by NetPro1, unless otherwise terminated in accordance with this Service Agreement. As stated above, Subscriber may terminate Subscriber’s account at any time pursuant to Section 2.3. The monthly subscription fee shall cease to apply for any months after the billing month in which Subscriber terminates Subscriber’s account in accordance with the terms and conditions stated herein.
If Subscriber’s NetPro1 Service is deactivated for any reason, including at Subscriber’s request or because of Subscriber’s failure to pay past due amounts, then in order to reactivate the service, Subscriber agrees to pay a reactivation fee in accordance with NetPro1’s then-current rates. In addition, Subscriber must bring Subscriber’s account up to date by making payment in full of any outstanding balance, fees and charges. Subscriber will also be required to pay the current monthly bill in order to reactivate Subscriber’s account.
4.5 ANCILLARY EQUIPMENT, SERVICES
It is Subscriber’s responsibility, at Subscriber’s own expense, to obtain, maintain and operate suitable and fully compatible equipment to access the NetPro1 Service. Subscriber acknowledges that such equipment may have been acquired by Subscriber separate and apart from this Service Agreement. Subscriber is solely responsible for maintaining equipment that Subscriber has acquired. NetPro1 makes no representation or warranties pursuant to this Service Agreement, either express or implied, regarding such Subscriber equipment (although Subscriber may have limited warranties under a separate purchase agreement from the seller or manufacturer of the equipment).
PART III — PERMITTED USE AND RESTRICTIONS ON USE
5. SOFTWARE LICENSE
Subject to the terms of this Service Agreement, NetPro1 grants to Subscriber a personal, non-exclusive, non-assignable and nontransferable license to use and display the software provided by or on behalf of NetPro1 (“Software”) only for purposes of accessing the NetPro1 Service on any machine(s) on which Subscriber is the primary user or which Subscriber authorizes for use by others. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Subscriber may not sublicense, assign or transfer this license or the Software, except as permitted by NetPro1. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. Subscriber agrees not to copy or duplicate or permit anyone else to copy or duplicate, any part of the Software or to create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs, or any part thereof, from the object programs or from other information made available under this Service Agreement.
6. PROHIBITIONS ON USE OF THE SERVICE
6.1 PROHIBITED NETWORK USES
General Policy: The NetPro1 Service and equipment may not be used for any unlawful, fraudulent, harassing, or abusive purpose that is unlawful or prohibited by any policy applicable to the Service. By requesting NetPro1 Service, You agree that You will not use or allow others to use the Service and equipment in any manner that is unlawful or prohibited by any policy applicable to the Service. NetPro1 reserves the right, without notice or limitation, to restrict, limit, deny, terminate, end, modify, disconnect, or suspend Service if any individual uses the Service for any unlawful or prohibited purpose, or if NetPro1 determines, on a case-by-case basis, that action is necessary to protect its network, equipment, Service, business or other customers using the Service from harm or degradation resulting from such unlawful and prohibited uses. NetPro1 reserves the right to filter, restrict, block or remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of any policy applicable to the Service, regardless of whether the information or materials, or their dissemination, is unlawful. NetPro1 does not have any obligation to monitor transmissions or postings (including, but not limited to, email, file transfer, blog, newsgroup and instant message transmissions) made on the NetPro1 Service. NetPro1 has the right, however, to monitor transmissions and postings for unlawful and prohibited uses of the Service.
Permitted Uses: The NetPro1 Service is for personal, residential, non-commercial uses only, unless otherwise specifically authorized by NetPro1 in writing. NetPro1 data service is provided only for personal uses, which include web surfing, sending and receiving email, photographs and other similar messaging activities and the non-continuous streaming of videos, downloading files or online gaming. NetPro1 voice service is provided only for live dialogue between, and initiated by, individuals for personal use.
Unlawful and Prohibited Uses: Unlawful and prohibited uses of the NetPro1 Service include, but are not limited to:
• Transmitting or facilitating any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, fax, transmission of recorded material or broadcast transmissions.
• Using voice service for monitoring services, operating a call center or conference line, extensive call forwarding, autodialed calls or other connections that do not consist of uninterrupted live dialogue between individuals.
• Reselling, redistributing, re-provisioning, retransmitting, renting or otherwise allowing third parties, other than household residents and guests, to use the Service, in whole or in part, by wired, wireless or other means, regardless of whether a fee is charged.
• Accessing, altering or destroying any other person or entity’s computer or computer system, network, software or data without their knowledge and consent; breaching, circumventing or probing user authentication or security of any user, host, network, network element, account or system; or attempting any of the foregoing.
• Impersonating any person or entity, creating a false identity, or otherwise misrepresenting Your identity or affiliation with any person or entity with the intent to deceive, including forging, falsifying, altering, removing, obscuring or engaging in unauthorized use of message headers, IP addresses, network MAC addresses, digital or manual signatures, sender addresses, domain names, uniform resource locators (URLs) or use of other techniques to disguise or obscure the origin of any communication or transmission using the NetPro1 Service, or attempting any of the foregoing.
• Engaging in activities that adversely affect the ability of other people or entities to use or enjoy the NetPro1 Service or other parties’ Internet-based services, including, but not limited to “denial of service” (DoS) attacks against another network host or individual user, such as “flooding” of networks, deliberate attempts to overload a service and attempts to “crash” a host; intercepting, interfering with, redirecting or disrupting email or other transmissions sent by or to others by using automated or manual routines, such as “auto-responders,” cancel bots or other similar routines; using, distributing or making available viruses, worms or Trojan horses, or other harmful code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Impairing the Service by, for example, placing abnormally high numbers of calls, sending or receiving very high numbers of messages, or repeatedly making calls of abnormally long duration compared with other NetPro1 customers.
• Generating excessive levels of Internet traffic through continuous, unattended streaming, downloading or uploading of videos, music or other files; through continuous active network connections to the Internet, for example, through a web camera or machine-to-machine connections that do not involve active participation by a person; or by operating hosting services including, but not limited to, web or game hosting.
• Engaging in conduct that is defamatory, libelous, harassing, threatening, abusive, obscene, deceptive, sexually explicit, cruel or racist, or which espouses, promotes or incites bigotry, hatred or racism, or which in any way constitutes or encourages conduct that would constitute a criminal offense or give rise to a civil liability.
• Engaging in conduct that is fraudulent, including advancing any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” or “chain letters.”
• Violating the rules, regulations, terms of service or policies applicable to any network, server, computer database, service, application, system or website that you access or use.
• Using the NetPro1 Service to transmit or disseminate child pornography or solicit sex with minors.
• Using or attempting to use the NetPro1 Service in any manner designed to avoid incurring charges or otherwise avoid being required to pay for such usage.
6.2 NETPRO1 COPYRIGHT INFRINGEMENT & DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
General Policy: NetPro1 respects the intellectual property rights of others. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless You own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the NetPro1 Service. NetPro1 assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain or may otherwise be used by You for such purposes.
Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), NetPro1’s policy is to terminate, in appropriate circumstances, the Service access of any Subscriber or account holder who is a repeat infringer. The Subscriber will be designated a repeat infringer if they have violated the General Policy in this Section 6.2 three (3) times.
“Three Strike” Policy: NetPro1 maintains a graduated “Three Strike” policy. If Subscriber is found in violation of the General Policy in this Section 6.2, Subscriber will be subject to the following:
(1) First Offense – An infringement case will be created, Subscriber will be notified of the offense via email and Subscriber will be forwarded copies of the DMCA takedown notice received by the Company and NetPro1’s DMCA Copyright Policy.
(2) Second Offense – For a second offense, Subscriber will be issued the same notices as provided for a first offense. In addition, Subscriber will be notified of the offense via phone and will be required to acknowledge the offense via phone within five (5) business days or face suspension of service.
(3) Third Offense – Subscriber’s NetPro1 Service will be terminated.
Any Subscriber communications in response to Company correspondence regarding alleged infringement, including, but not limited to, the notices described above in this Section 6.2, should be directed to
NetPro1’s designated Copyright Agent:
NetPro1 Infringement / Abuse Agent
1406 E Main St.
Suite 200 Box 223
Fredericksburg, TX 78624
6.3 COMPLIANCE WITH LAWS
Subscriber agrees to comply with all applicable laws, rules and regulations in connection with the NetPro1 Service, Subscriber’s use of the NetPro1 Service and this Service Agreement.
PART IV — GRANT OF IMPORTANT RIGHTS BY YOU TO NETPRO1, AND IMPORTANT DISCLAIMERS, ACKNOWLEDGMENTS AND OBLIGATIONS
7. COPYRIGHT AND LICENSES
NetPro1 reserves all copyrights and other rights in and to any content available through the NetPro1 Service which is identified as, claimed by NetPro1 as or known by you to be proprietary to NetPro1 or our licensors.
8. NO ENDORSEMENT
NetPro1 does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the NetPro1 Service. None of such content should be construed or understood to constitute or reflect the views or approval of NetPro1 or any of its subsidiaries or affiliates. NetPro1 does not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification and, as appropriate, professional advice.
9. INTERNET CONTENT AND MATERIAL
Subscriber acknowledges that Internet sites, and use of the Internet, might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults. Subscriber acknowledges that NetPro1 is not responsible for any such content or material and agrees that access to same through use of the NetPro1 Service is at Subscriber’s sole risk. The reliability, availability, legality, performance and other aspects of resources accessed through the Internet are beyond NetPro1’s reasonable control and are not in any way warranted or supported by NetPro1 or its third party contractors. Subscriber acknowledges that safeguards relative to copyright, ownership, appropriateness, reliability, legality and integrity of content may be entirely lacking with respect to the Internet and content accessible through the Internet. Subscriber confirms that Subscriber assumes all risks and liability of any use of the Internet through Subscriber’s account, including Subscriber’s continuous compliance with the NetPro1 Service Agreement.
10. SUBSCRIBER INFORMATION
10.1 USE AND CONTROL OF INFORMATION
Subscriber acknowledges that advertising and promotion may occur on the NetPro1 Service and that neither Subscriber nor any other user shall have any claim with respect to any proceeds from such activities.
10.3 COMMUNICATION WITH SUBSCRIBERS
NetPro1 may, from time to time, provide online, telefax, telephone, email, mail and other communications to Subscriber on matters pertaining to the NetPro1 Service. Subscriber acknowledges that communications with NetPro1, NetPro1’s representatives and NetPro1’s contractors may be monitored or reviewed for quality control and other reasonable business purposes.
11. WARRANTIES AND LIABILITIES
11.1 DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY
Subscriber expressly agrees that use of the NetPro1 Service is at Subscriber’s sole risk. Neither NetPro1 nor any of its information or content providers, service providers, licensors, employees or agents represent or warrant that the NetPro1 Service will be uninterrupted, secure or error free. The NetPro1 Service is distributed on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or otherwise, except for those warranties, if any, which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Service Agreement. No oral advice or written information given by NetPro1, its employees, dealers and licensors, or the like, shall create a warranty, nor shall Subscriber rely on any such information or advice.
In particular, because NetPro1, through the NetPro1 Service, may provide Subscriber with electronic access to Internet content and material that may be originated by independent publishers or providers, and is not augmented by NetPro1, the Company cannot and does not warrant the accuracy of any such information, and NetPro1 shall not be liable in any manner whatsoever for any errors, omissions or inaccuracies relating thereto. Subscriber is solely responsible for Subscriber’s experience of and/or reliance upon such content. NetPro1, its dealers, distributors, agents, employees or any third-party content provider shall have no individual or joint liability in connection with Subscriber’s use of or interaction with content accessed through the NetPro1 Service.
No oral or written information or advice given by NetPro1, its dealers, distributors, agents, employees or any third-party content provider, shall create any warranty in, or to, the NetPro1 Service or the content, and Subscriber remains responsible for any reliance upon such information or advice. Notwithstanding the foregoing, Subscriber may have other rights, which vary from state to state.
11.2 LIMITATION OF LIABILITY
To the maximum extent permitted by law, neither NetPro1 nor any of its information or content providers, service providers, licensors, employees or agents shall be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of Subscriber’s use of the NetPro1 Service, or inability to use the NetPro1 Service, or out of any breach of any representation or warranty in connection with this Service Agreement. Without in any way limiting the foregoing, if for any reason, by operation of law or otherwise, any portion of the foregoing limitation of liability shall be voided, then in such event NetPro1’s maximum, sole, and exclusive liability, and the liability of its dealers, distributors, agents, employees or third party content providers, if any, shall be limited to general monetary damages in an amount not to exceed the total amount actually paid to NetPro1 by Subscriber for the NetPro1 Service furnished under this Service Agreement during and for a period of time commencing upon the occurrence of such error, defect or failure and ceasing upon the discovery of same, in whole or in part; provided, however, that in no event shall such period of time exceed the twelve (12) month period immediately preceding the date which such error, defect or failure is first discovered, in whole or in part.
11.3 APPLICABILITY OF PROVISIONS TO CIRCUMSTANCES INVOLVING OTHERS
Subscriber expressly acknowledges that the provisions of Section 11 shall also apply to any and all claims relating to “acquired material” and any other content available through the NetPro1 Service. Subscriber agrees that Subscriber will not in any way hold NetPro1 responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the NetPro1 Service, including those with whom NetPro1 may contract to operate various areas on or features of the NetPro1 Service.
11.4 FULL APPLICABILITY
The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if NetPro1 or others were advised or aware of the possibility or likelihood of such damages or liability.
SUBSCRIBER AGREES TO INDEMNIFY NETPRO1 AGAINST ALL CLAIMS, LIABILITY, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY AND ALL USE OF THE NETPRO1 SERVICE. THIS INCLUDES, WITHOUT LIMITATION, RESPONSIBILITY FOR ALL SUCH CONSEQUENCES OF SUBSCRIBER (OR THAT OF ANY USER OF SUBSCRIBER’S ACCOUNT) VIOLATION OF THIS SERVICE AGREEMENT OR PLACEMENT ON OR OVER THE NETPRO1 SERVICE, OR RETRIEVAL FROM OR THROUGH SAME, OF ANY SOFTWARE, FILE, INFORMATION, COMMUNICATION OR OTHER CONTENT.
13. THIRD PARTY BENEFICIARIES
The provisions of Sections 11 and 12 are for the benefit of NetPro1 and its respective contractors, information or content providers, service providers, licensors, employees and agents; each shall have the right to assert and enforce such provisions directly on its own behalf.
14. LIABILITY FOR UNAUTHORIZED USE OF EQUIPMENT AND SERVICE
Subscriber agrees to notify NetPro1 before Subscriber moves or vacates the location where Subscriber’s NetPro1 equipment is installed. Upon notification, NetPro1 will de-install its equipment located on the outside of Subscriber’s premises. NetPro1 will coordinate with Subscriber a time in which NetPro1 can retrieve any NetPro1 equipment inside Subscriber’s premises. Subscriber is considered the registered recipient of the NetPro1 Services until NetPro1 receives notice of termination as set forth in this Service Agreement, and Subscriber will be liable for any charges or fees incurred by the use of Subscriber’s NetPro1 equipment by anyone else up to the time that NetPro1 receives Subscriber’s notice, unless otherwise provided by state law. If Subscriber’s NetPro1 equipment is stolen or otherwise removed from Subscriber’s premises without Subscriber’s authorization, Subscriber must notify NetPro1 immediately, or Subscriber may be liable for payment for unauthorized use of Subscriber’s NetPro1 system. Subscriber will not be liable for such unauthorized use after NetPro1 has received Subscriber’s notification.
15. PROPRIETARY RIGHTS
NetPro1 and/or third party content providers own all rights, title and interest to certain copyrighted content provided by the NetPro1 Service, and Subscriber may not copy, distribute, transmit or publish in any form, including printed, electronic, digitized, audio or otherwise, or modify all or any portion of any content which is identified as copyrighted without the prior written consent of the copyright holder. Notwithstanding the foregoing, Subscriber may store one (1) copy of the copyrighted content on Subscriber’s computer(s) for Subscriber’s personal use for a period not to exceed thirty (30) calendar days. All copyright or other proprietary rights notices contained in or associated with the content must be preserved in or on any copies made of such material. The placement of any proprietary material in any public posting area or any software library, without the consent of the owner/copyright holder, is in violation of this Service Agreement.
PART V – GENERAL
16. LIMITS ON TRANSFERS & ASSIGNMENTS; OTHER LIMITS
Unless otherwise agreed to by NetPro1 in writing, Subscriber’s rights to use the NetPro1 Service, or to designate other users of Subscriber’s account, may not be assigned or transferred and are subject to any limits established by NetPro1, or by Subscriber’s credit card company or other billing institution, as applicable. Attempts by Subscriber to assign or transfer these rights without written approval of NetPro1 will constitute a violation of this Service Agreement and the Company may de-activate Subscriber’s account.
17. CHOICE OF LAW
This Service Agreement is made in the State of Texas. This Service Agreement and all of the Parties respective rights and duties in connection herewith, including, without limitation, claims for violation of state consumer protection laws, unfair competition laws and any claims in tort, shall be governed by and construed in accordance with the laws of the State of Texas, in the United States.
18. CONSTRUCTION AND DELEGATION
Neither the course of conduct between the Parties nor trade practices shall act to modify the provisions of this Service Agreement. NetPro1 may authorize or allow its contractors and other third parties to provide services necessary or related to making the NetPro1 Service available, and to perform obligations and exercise NetPro1’s rights under this Service Agreement, and NetPro1 may collect payment on their behalf, if applicable.
If any term of this Service Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to render such term enforceable while still giving as much effect as possible to the original intentions of such term. If this cannot be done, and the entire term is held to be invalid, illegal or unenforceable, and cannot be so repaired, then the term shall be considered to be stricken from this Service Agreement as if it had not been included from the beginning. In any such case, the balance of this Service Agreement shall remain in effect in accordance with its remaining terms, notwithstanding such invalid, illegal or unenforceable term.
19.2 DISCRETIONARY ENFORCEMENT
NetPro1 may enforce or decline to enforce any or all of the terms of this Service Agreement in its sole discretion. In no event shall NetPro1 be required to explain, comment on, suffer liability for or forfeit any right or discretion based on the enforcement, non-enforcement or consistency of enforcement of such terms.
Captions used in this document are for convenience only and shall not be considered a part of this Service Agreement or be used to construe its terms or meaning.
The provisions of any Sections of this Service Agreement which by their nature should continue shall survive any termination of this Service Agreement.
This Service Agreement shall automatically renew for successive one (1) year terms unless at least ninety (90) days prior to the end of the current one (1) year term, either Party gives written notice to the other Party of their intent to terminate the Service Agreement. No termination fees shall be applicable in such successive terms of this Service Agreement.
All notices required of Subscriber pursuant to this Service Agreement shall be sent via email to email@example.com. Except as otherwise specified herein, all notices required of NetPro1 pursuant to this Service Agreement shall be sent via email to the Subscriber, using the email address that Subscriber has most recently provided to the Company for such purposes.
22. 911 SERVICE AND ALARM SYSTEM NOTICE
NetPro1 voice service includes 911/E911 (“911”) access to emergency services. The Company provides this access pursuant to section 9.5 of the FCC’s rules. 47 C.F.R. § 9.5. See https://www.fcc.gov/consumers/guides/voip-and-911-service for additional information.
VoIP service does not support traditional 911 access to emergency services. In particular, it is essential that the physical location (street address) of the caller (the “Registered Location”) be registered with the Company to ensure correct routing of emergency calls. Therefore, it is extremely important that Subscriber provide NetPro1 with the correct address where the equipment and the NetPro1 Service is or will be located. Subscribers are only permitted to use the NetPro1 Service, including VoIP voice service, at the address associated with the Subscriber’s account. Subscriber must also promptly update this address i
Copyright © 2018 NetPro1 - All Rights Reserved. NetPro1 participates in Carrier Grade NAT, as does many Internet Service Providers (ISP). This means customers who use our service will not always have the same public IP address. The public IP address can and will change periodically. If customers participate in hosting online games, use security cameras, or conduct any port forwarding, they will be required to purchase a Static IP. This will provide them with a consistent IP address for the port forwarding to work properly. These Static IPs cost an additional $10 per month for a single /30 IP address which will provide up to 1 usable IPs. Plus any setup charges. Charges for support not NetPro1 equipment or routers. Site Visit $100.00 Labor per hour $125.00. Residential service speeds not guaranteed this is best effort network only.
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