Network Services Group - General Terms & Conditions

Network Services Group
Box 5705
Saginaw, MI 48603
989.776.2080

Network Services Group Network/Internet Services - General Terms & Conditions

Revision date: 4/15/06

Network Services Group (NSG) is dedicated to providing its customers with the highest quality service possible. To maintain the level of quality that our customers have come to expect, it is necessary for some basic terms to apply to your account with Network Services Group.

These terms and conditions are the same for all Network Services Group customers and allow you to have as much freedom on the Internet as possible without infringing upon the rights of others. This agreement represents the complete agreement and understanding between Network Services Group and the account holder and supersedes any previous written or oral agreement. Network Services Group may modify these terms and conditions at any time as well as discontinue or modify the services offered.

The account holder agrees to be bound by Network Services Group's then-current General Terms & Conditions, which can be found at: http://www.netservicesgroup.com/terms.php. The account holder acknowledges and agrees that NSG may change the General Terms & Conditions from time to time with notification of such change provided to the account holder via public posting on the NSG Web Site at: http://www.netservicesgroup.com/terms.php.

Clarification on any of these Terms & Conditions is available by sending a mail note to info@netservicesgroup.com or calling 989.776.2080. If you do not agree to these Terms & Conditions, please notify Network Services Group at 989.776.2080 and your account will be closed.

Network Services Group will provide Internet access services to account holders in exchange for fair compensation and compliance with these General Terms and Conditions.

Section I

Network Services Group provides services which include access to computer systems not within Network Services Group's span of control. Many such systems are outside of the United States America and therefore may not comply with the laws and customs of the United States of America. Such computer sites may maintain material unsuitable for minors, and even material possibly deemed illegal in some countries. NSG does not normally in the course of business intentionally monitor its account holder files, data, electronic mail or other private materials (hereinafter known as account holder data) stored on Network Services Group computers. However, the following exceptions to this policy may be made: In the event we are asked to cooperate with Law Enforcement Agencies by assisting with such monitoring, or when necessary for the safety and security of the NSG network (for example to prevent unauthorized access by hackers/crackers), or when necessary to remedy abuses by NSG account holders.

As the Internet may contain offensive material the account holder agrees to accept full responsibility for all material encountered while accessing the Internet and hold Network Services Group free from liability for actions of the account holder, or material encountered by the account holder which the account holder may find unsuitable or offensive. Account holders certify that they are at least 18 years of age and responsible for their actions while using NSG Systems. Account holders less than 18 years old must have a parent or legal guardian agree to these General Terms & Conditions for them prior to being issued an account.

The account holder also understands that information available through the Internet may not be accurate. Network Services Group makes no warranty, either expressed or implied, regarding the accuracy or validity of information received or retrieved by the account holder. Use of information obtained from or through Network Services Group is at the risk of the account holder. The account holder agrees to hold NSG harmless from any claims, including attorney's fees, resulting from the account holder receiving Internet/Network service which cause damage to themselves or other person(s).

The account holder agrees to obey all applicable local, state, and federal laws while using NSG. The account holder is responsible for knowing and complying with text, software and image copyright laws when transferring such information through NSG. The account holder is hereby notified that Network Services Group will cooperate with authorities to prosecute account holders which violate said laws. The account holder additionally agrees not to use NSG to conduct any business or activity that is prohibited by law.

Section II

In the atmosphere of maintaining a reliable service for its customers, Network Services Group requires a minimum level of security by its account holders. The account holder agrees not to share the password of their account with anyone under any circumstances, even if requested by Network Services Group. The account holder acknowledges that Network Services Group will terminate the account without notice if the account holder does not comply. Additionally, the account holder agrees to choose a secure password for their account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.

Any use of Network Services Group products or services that disrupts the normal use of the system for other account holders is considered to be abuse of system resources and is grounds for administrative intervention. This includes staying logged in over a telephone line while not actually using the system or misrepresentation of a personal account that is being used for business or commercial enterprise. Depending on the nature and the severity of the abuse, the account holder may receive a warning or have their account suspended or cancelled.

Network Services Group reserves the right to refuse service.

The account holder agrees not to make any attempt by any means to guess any passwords used on Network Services Group computers, nor any computer accessed via NSG Internet Services products and services on the Internet, nor to attempt to compromise the security of NSG computers.

To maintain a friendly environment on the Internet, a code of behavior among Internet users has developed known as "netiquette", one of the premises of which is the strict control of unsolicited mail. Account holders agree not to send unsolicited advertising or promotional materials to other network users. E-Mail and appropriate Usenet newsgroups may be used in the conduct of legitimate businesses. Account holders violating this rule may have their account suspended or cancelled without notice.

If the customer engages in activity which results in the creation of work for Network Services Group personnel the customer agrees to be liable for paying Network Services Group at the rate of $95.00 per hour billed in (1) one hour increments. For example if the customer sends Unsolicited Bulk Email (UBE or Spam) that results in complaints to NSG by the recipients of the UBE then the customer agrees to compensate Network Services Group for its time to respond to such complaints as well as any other expense incurred by NSG in handling responses to the customers sent UBE at the above rate. Such expenses may include, but are not limited to, additional server hardware and line capacity to handle the quantity of traffic produced by the UBE. This provision in no way affects NSG's rights to compensation under the Michigan Law to recover damages from abuse. By utilizing their Network Services Group service account, customer hereby agrees they have received actual notice of: (i) The electronic mail service provider's (NSG's) policy on unsolicited electronic mail advertising. (ii) The fact that the defendant's (Customer's) unsolicited electronic mail advertisements would use or cause to be used the electronic mail service provider's (NSG's) equipment located in this state.

Network Services Group will attempt to provide uninterrupted service to the Internet but is in no fashion liable for any costs incurred by customers due to service interruptions or any failure by NSG other than those charges made by NSG to the customer. Under no circumstances is NSG liable for charges incurred by the customer at the customer's discretion. Specifically included is the use of dial-up phone numbers provided by our database. Under no circumstances are we responsible for long distance charges. It is up to the customer to determine that a given number is a local call before using it.

The Internet as a whole is not a reliable medium and should not be used for critical procedures such as medical monitoring or other reliability-critical operations. NSG does not warrant that any of its products meet any particular grade of reliability especially with regard to medical or real-time procedures and NSG is not liable for customers using NSG services in the performance of such.

Information contained on the Internet may not be reliable and NSG does not warrant and is not liable for information gained while using its Internet services.

Customer agrees that any dispute, legal action or arbitration shall be settled using the applicable resolution process with jurisdiction in the United States, State of Michigan whether the customer is prosecuting or defending.

Section III

Network Services Group will publish a notice of fee increases to existing account holders 30 days before such increases take effect.

Network Services Group bills account holders on or around the 20th of each month. Payment is due upon receipt of our invoice. Accounts that are delinquent by 30 days are subject to suspension. There is a service charge which is one half the currently charged set-up fee to reinstate suspended accounts.

Returned checks will incur a $25.00 service charge.

Customer payments which are received late will incur a $25.00 late charge. Accounts will be closed if delinquent for 30 days. Reconnect fees are standard setup fees. Standard dialup account payments are due on the first of the month for that month.

Account cancellation or password/login ID change requests must be received in writing via E-Mail, fax, or postal service. This is required to ensure security of our network.

IN NO EVENT SHALL NETWORK SERVICES GROUP BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF ITS SERVICES, EVEN IF NETWORK SERVICES GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NETWORK SERVICES GROUP SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND NETWORK SERVICES GROUP HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.