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| READ THIS INTERNET SERVICE AGREEMENT CAREFULLY BEFORE USING OUR
INTERNET SERVICES. ALSO BE SURE TO READ OUR ACCEPTABLE
USE POLICY.
1. INTRODUCTION If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10. (b) Members having questions regarding charges to an account, should contact RiverNet’s appropriate location. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old. (c) Charges are billed to Members’ credit cards or debit cards, as applicable, each billing period (month, quarter, year) for the basic service and any additional usage or services. RiverNet is not responsible for any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by RiverNet. (d) If paying by check, payments are due on receipt of invoice. A grace period of 15 days from the invoice date may be given at the sole discretion of RiverNet. (e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan. (f) If you purchase Services through a reseller who in turns pays RiverNet, the reseller must pay all amounts owing for your account. If the reseller fails to pay RiverNet any amounts due whether or not you have paid the reseller - your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. (g) Delinquent accounts may be suspended or canceled at RiverNet’s sole discretion; however, charges will continue to accrue until the account is canceled. RiverNet may bill an additional charge to reinstate a suspended account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 50 MB in size may, at RiverNet’s discretion, be deleted or transferred to a compressed temporary file or storage. RiverNet may delete any emails left on our server which are more than 30 days old, and size of attachments is limited to 5 Megabytes. Usernames, passwords and email addresses are RiverNet’s property and RiverNet may alter or replace them at any time. RiverNet's internet service provides for up to 360 hours of internet access per rolling 30 day period, which translates to an average of 12 hours per day, everyday. A subscriber may of course use more than 12 hours on a given day, as long as the rolling 30 day period amounts to less than 360 hours total. Accounts using more than 360 hours per rolling 30 day period are subject to suspension and/or termination at the sole discretion of RiverNet. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. RIVERNET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RIVERNET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. RIVERNET MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH RIVERNET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY RIVERNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. RIVERNET AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, RIVERNET’S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD. The Licensed Programs constitute confidential and proprietary information of RiverNet and RiverNet’s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with RiverNet and RiverNet’s licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket or otherwise dispose of the Licensed Program or any part thereof. You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. We may provide links on the Website to other websites which are not under our control. In general, any website which has an address (or URL) which does not contain "rivnet.net is such a website. These links are provided for convenience only and are not intended as an endorsement by RiverNet of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. You may provide a hypertext link to our Website on another website, provided that: (a) the link must be a text-only link clearly marked "RiverNet", (b) the link must "point" to the URL "http://www.rivnet.net" and not to the other pages within the Website, © the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademarks of RiverNet, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by RiverNet, (e) the link, when activated by a user, must display this Website full-screen and not within a "frame" on the linked website, and (f) RiverNet may revoke consent to the link to our website at any time in its sole discretion. All other hypertext links to the Website must be approved in writing by RiverNet. Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by RiverNet. RiverNet assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold RiverNet harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify RiverNet from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Website is posted at your own risk. RiverNet will have no liability arising from use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Website. Your posting of material on the Website or providing material to RiverNet to use on the Website, will be deemed to be a grant by you to RiverNet of a perpetual, non-revocable, worldwide, non-exclusive license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material. Without prior notice, RiverNet may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if RiverNet, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy or any of the applicable user policies, or if you fail to pay any charges when due. RiverNet may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing or on the fourth calendar day following the date of first-class mailing or deposit with a commercial courier service. Section 3, the third paragraph of Section 4, and Sections 6, and 11 of this Agreement shall survive termination of this Agreement. RiverNet may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision, amendment, or modification will be effective thirty (30) days after RiverNet posts notice to Members on RiverNet’s web site and/or by email and/or in our various publications and mailings to Members. The federal and state courts located in Virginia alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Virginia with respect to such matters or otherwise between you and RiverNet, and waive your rights to removal or consent to removal.
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Last Updated November 12, 2007 |