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We are Net2Roam Limited ("NetAway"),
and you are the customer ("YOU"). In using our website and
using our service, you confirm that you have read and understood
all sections of these terms and conditions, and that your use of
this site and our service will at all times be subject to these
terms and conditions.
Payment:
Information about pricing and payment schemes is provided on the
www.NetAway.com
website. NetAway reserves the
right to vary pricing at its discretion. NetAway will notify you by
email of any changes in prepayment Credits, and other elements of
the pricing structure, but takes no responsibility in the event
that you fail to receive the email. Credits bought when a particular
tariff applies may not have the same value in the event of a tariff
change. Payment will be made on the www.NetAway.com
site via a secure credit card transaction
server. Usage of the service is by prepaid credits only. All
membership/usage period fees are non refundable.
Usage:
YOU agree to use your NetAway account
in a way that conforms with all applicable laws and regulations.
YOU specifically agree not to make any attempt to gain
unauthorized access to any other systems or networks contained either
within or outside of NetAway's network.
YOU understand that the information available through
NetAway or other interconnecting networks may
not be accurate.
YOU understand and agree not to share your LoginID,
name or password with anyone else and not to have more than one
login per LoginID at any time.
YOU understand that the Internet and other various networking
communication mediums are not secure, unless explicitly specified
as such, and may be subject to interception or loss. NetAway
makes no warranties of any kind, either express, implied, or statutory
concerning the data or information available through the NetAway
network.
YOU agree that NetAway shall have no
liability for the services, data or information made available to
the public, including any liability for any consequential, indirect,
special or incidental damages regardless of the success or effectiveness
of other remedies. Note that any product, process, or technology
in this document may be the subject of other intellectual property
rights reserved by NetAway or others, and may
not be licensed hereunder. All content, development work, and domain
names remain the property of NetAway. All legal costs towards recovery
of amounts due for services including legal fees and collection
charges will be payable by YOU.
YOU understand that NetAway reserves
the right to terminate the account at any time for failure to abide
by the terms of this agreement or your failure to pay any
fees or charges when due.
YOU agree that NetAway is not responsible for ensuring that any call you make using the NetAway service is billed by the telecom service provider at a local call rate. Any charges incurred for making a call whether billed at local rates or not are your responsibility.
Debiting of Minutes: The NetAway service is a real time billing system, but in some cases they may be a delay in debiting your account due to packet loss or Internet problems. YOU acknowledge this problem exists and agree that NetAway may debit your account at any time for such usage.
Indecency Clause: NetAway services
may only be used for lawful purposes. Transmission or solicitation
of any material which violates United Kingdom, or other laws which
may apply in this jurisdiction or your local area, is prohibited.
This includes material which is obscene, threatening, harassing,
libellous, or in any way a violation of intellectual property laws.
YOU agree that any material you publish which would commonly be
considered "indecent" or "appealing to the prurient interest", also
commonly referred to as "adult" material, will be protected by an
appropriate "curtain" page which requires viewers to affirm that
they are at least 21 years of age and are aware of the nature of
the material being offered.
YOU agree to indemnify and hold harmless NetAway
in any legal action which arises as a result of your use of our
services, without limitation or exception.
YOU agree that we have the right and responsibility to
fully cooperate in any legal investigation regarding any aspect
of our services, including services sold to you.
General Use Policy:
The policies and guidelines expressed herein supplement the rights
and obligations of the parties under the Terms and Conditions. This
document establishes operating principles and acceptable use policies
as they relate to your use of the Internet and the connection/services
provided by NetAway to you under these
Terms and Conditions.
General:
The Internet is a voluntary association of users interested in and
willing to exchange information and data with other Internet users.
At present there is no oversight group providing governance over
the principles, policies or procedures for use of the Internet or
the information and data accessed via the Internet.
In order to facilitate their contractual relationship we (YOU
and NetAway ) wish to define a working protocol
of principles and policies and establish operating guidelines and
acceptable standards of use of the Internet.
To this end the parties agree as follows:
Principles Governing Acceptable Use of the Internet by YOU
Responsibility and Respect - The Internet is a network
intended for use by mature, adult users. YOU recognize
this principle and undertake at all times to act with respect,
courtesy and responsibility, giving due regard to the interests
and rights of other Internet user groups. This general guideline
carries with it the following specific responsibilities:
a) Knowledge of the Internet -
YOU agree to obtain a basic knowledge of the Internet
and its operating principles and procedures.
b) Improper Uses - YOU will not violate certain
generally accepted guidelines on Internet usage such as
restrictions on mass mailings and mass advertisements, pirating
or copying of software, mail bombing or other methods of
attempting to deny service or access to other users, and
attempts to violate security.
c) Compliance with Laws - YOU will ensure that
your use of the Internet complies with all applicable national,
state and local law and regulation, including but not limited
to those principles of law which protect against compromise
of copyrights, trade secrets, proprietary information and
other intellectual property rights, libel or defamation
of character, invasion of privacy, tortuous interference,
and export of technical or military data to prohibited countries.
d) Validation of Information - YOU are responsible
for validating the integrity of the information and data
you receive or transmit over the Internet.
e) Security - YOU are required to protect the security
of your Internet account and usage. Your password
will be treated as private and confidential and must not
disclosed to or shared with any third parties.
f) Discretion
and Judgment - YOU are expected to use discretion
in the treatment and handling of Internet information and
data and to take particular care to insure that adult information
is not transmitted to juvenile users of the Internet.
g) Pornography - NetAway adheres to UK laws
and regulations regarding adult-related material of any
nature.
h) Excessive CPU usages - YOU will not be allowed
to use excessive amounts of CPU processing on any of our
servers and if caught face immediate suspension.
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This agreement represents the complete agreement between NetAway
and YOU, and supersedes any other written or oral agreement.
The terms of this agreement may only be changed in writing with
30 days notice. Violation of any of the terms
and conditions of this contract may result in the immediate termination
of your services with NetAway at our discretion.
Credit Card rules:
If YOU successfully dispute any billing through your
credit card company, YOU understand that you will be
directly billed for your activity and that your account may be
turned over to a collection agency for final collection. YOU
understand that your credit rating report, as maintained with credit agencies,
may be adversely impacted by any such disputes arising out of non
payments.
In the event that YOU are fraudulently using a credit card
for which you do not have authorization, you waive all privacy
rights such that NetAway may freely provide to
Law Enforcement any information contained with or in the NetAway
databases and all other available information concerning
your activity for immediate investigation and prosecution. However,
YOU will personally remain responsible for any charges
related to your NetAway account and
may be sued for any such charges.
This agreement incorporates, in whole and in part, the NetAway
Terms and Conditions.
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