Contract

The Legal Stuff: jaguNET's Rules and Regulations

1. Your account and your files are yours; we respect your privacy and will not examine or inspect your files, mail messages or postings.

    

2. jaguNET has the right to reserve certain usernames for internal use. We also reserve the right to refuse various usernames if deemed inappropriate.

    

3. Payment for jaguNET services is due in advance. Any charges for extra-access times over and above the free-time for your account, will be added to your bill for the next month's service.

    

4. All connectivity accounts (except for Dedicated or Leased Line connections), if provided to an individual user and not an organization or business, are for personal use only. You may not share these accounts with any other people; this includes giving other people your password. Only one telephone connection may be used at any time for each dialup account. Maintaining a telephone connection while doing no data transfers ("hogging a line") or using a dialup account as a substitute for a dedicated account (ie: using the link to provide access, throughput or services) is strictly forbidden and is grounds for immediate termination of service. Sessions must be interactive in nature or else will be terminated.

    

5. Serving WebPages and use of FTP storage space is a complimentary service with your SLIP/PPP account and may only be used for your own personal or business use. Valid business use includes advertising your products or services on your page. Serving or publishing web pages under your account for other individuals, organizations or businesses is not an inherent valid use. Resale of WebPages or FTP storage space is strictly forbidden unless fully authorized by jaguNET. Resale of WebPages and FTP storage is allowed with our "Web Publisher" packages. Resale of script processing, cgi-bin access or compute power is not allowed in any of our accounts.

    

6. jaguNET and its users are expected to use good judgment.

    

7. The subscriber agrees to follow general "Netiquette" when sending Email messages or posting UseNet messages. In particular, SPAMming is strictly forbidden and is grounds for immediate termination of a jaguNET account.

    

8. The subscriber agrees not to attempt to, in any way, harm, overload or damage the system, jaguNET or its subscribers.

    

9. The subscriber has the responsibility of keeping jaguNET informed of a current, valid mailing address. Credit card subscribers also have the requirement of keeping jaguNET informed of the status and validity of the credit card account that their billings are made to.

    

10. jaguNET reserves the right to change the prices, terms and conditions of service at any time. Upon such change, we will let you know one month in advance by sending an Email message to your account, as well as making the notice available on-line.

The Legal Stuff: jaguNET's Connect Contract

The undersigned subscriber agrees to the following Terms and Conditions of this Contract with jaguNET Access Services, LLC.

The phrase "jaguNET" refers to jaguNET Access Services, LLC its staff, owners, assigns and operators. The phrase "the subscriber" refers to the person or entity signatory to this Contract.

1. The subscriber's connection and account with jaguNET may only be used for lawful and legal purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, data or material in violation of any United States or of any state or local law, statute, regulation or rule is prohibited.

    

2. The subscriber agrees to indemnify and hold harmless jaguNET and its other subscribers from any and all claims and costs resulting from the subscriber's use of the service in any manner.

    

3. The subscriber is responsible for knowing and following all the rules and regulations pertaining to the means of connecting their terminal, PC, Mac or LAN to jaguNET Access Services, including payment of shareware costs or royalties, if any, directly to the authors.

    

4. Payments for services not made by 30 days past the due date are considered delinquent and may be subject to reasonable collection and legal fees. Delinquent accounts will be charged interest at the rate of 1.5% per month, or the maximum permitted legal rate, whichever is lower. Monthly service is not prorated. Credit card customers agree to pay all billed amounts according to the card issuer agreement.

    

5. In the event that jaguNET is required to engage the services of an attorney due to a breach in this contract by the subscriber of any of the terms contained herein, the subscriber agrees to pay any and all of jaguNET's reasonable attorney fees and court costs. Upon breach of this contract, all of the subscriber's rights and privileges shall be immediately terminated and all fees shall be forfeited as liquidated damages to jaguNET. Both parties expressly waive a jury trial.

    

6. The subscriber's rights and privileges, herein granted, cannot be transferred, shared, sold or used by anyone other than the subscriber.

    

7. Accounts and services provided by jaguNET can be cancelled at anytime by either jaguNET or the subscriber, upon 10 days written notice sent by the party requesting the cancellation to the other party. Such notice must be via FAX or postal mail or some other verifiable method (normal E-mail is not sufficient). It is the responsibility of the subscriber to keep jaguNET informed of a current, valid mailing address. The foregoing provisions to the contrary notwithstanding, jaguNET can immediately terminate the subscriber's access to jaguNET and any and all services for breach of paragraph 1 of the Connection Contract and for other noted exceptions.

    

8. All accounts auto-renew at the same terms and conditions unless specifically cancelled or modified by written request.

    

9. EARLY TERMINATION: Early termination of term agreements past the initial (non-renewed) 30 day period will be subject to early termination fees. The fees are calculated as:
   • Time period used charged at the full, non-discounted rate       plus
   • Remaining months on term agreement x 33% x full monthly non-discounted rate       plus
   • Any early termination fees incurred by jaguNET for 3rd party services or equipment

    

10. jaguNET reserves the right to suspend service at any time, for any reason without notice. If such a suspension is to last more than 15 days, the subscriber will be notified as to the reason.

     

11. Credit card subscribers have the total responsibility of keeping jaguNET informed of the status and validity of their billing credit card account. This includes, but is not limited to, cancellation of the credit card account or expiration dates of the account.

     

12. The subscriber certifies that he or she is at least 18 years of age.

     

13. LIMITED WARRANTY. jaguNET WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, jaguNET WILL, UPON WRITTEN NOTIFICATION RECEIVED FROM THE SUBSCRIBER TO jaguNET, REFUND THE SERVICE FEES FOR THE CURRENT MONTH OF THE DATE OF RECEIPT OF WRITTEN NOTICE AND ANY PREPAID FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY jaguNET REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF jaguNET OR OTHER SERVICES PROVIDED BY jaguNET, AND jaguNET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

     

14. LIMITED LIABILITY. ANY LIABILITY OF jaguNET, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO jaguNET FOR THE CURRENT MONTH.

     

15. Attached hereto is a list of Rules and Regulations, which is incorporated herein. Breach of the attached Rules and Regulations shall constitute breach of this Contract authorizing jaguNET to immediately terminate the subscriber's account and services, forfeit all paid subscriber fees and pursue such other legal remedies as are herein provided. jaguNET reserves the right to amend the Rules and Regulations and any such amendments shall become effective upon promulgation. The subscriber shall have the right, for a period of 15 days after the promulgation of any amendments, to terminate the Contract (upon written notice by certified mail) and receive a refund of any subscriber fees attributable to any period of time subsequent to the effective date of any such amendments.

     

16. This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.

     

17. Use of a jaguNET Access Services account constitutes acceptance of these Terms and Conditions.