NOTE TO SUBSCRIBER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.

1. USE OF THIS Service (the "Service") consists of the right of a Subscriber of the Service ("Subscriber") to electronically transmit and store computer data using either a private data communications network, or the Internet into a location maintained by NuNet, Inc. ("NuNet") and to retrieve said data should they be required. The Service is made available by NuNet to Subscriber during the period Subscriber maintains a paid subscription to the Service. Subscriber must be a currently licensed user of NuNet's software for Services where software is required to provision access.

2. These terms and any additional Operating Rules published by NuNet from time to time constitute the entire and only agreement (collectively, the "Agreement") between NuNet and Subscriber (including Subscriber's designated users) with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof. Upon notice published over the Service, NuNet may modify this Agreement, the Operating Rules or prices, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without advance notice. Unless otherwise agreed, Subscriber's right to use the Service or to designate users is not transferable and is subject to any limits established by NuNet

3. Subscriber shall pay in advance any registration or service fees and other charges incurred by Subscriber or Subscriber's designated users at the rates in effect for the billing period in which those charges are incurred. For situations where credit card payment is utilized, Subscriber shall maintain a current authorization for NuNet to debit Subscriber's credit card account for such amounts. In addition, Subscriber shall provide NuNet a current street address and Internet E-mail address for future communications and shall notify NuNet of any change of address. Subscriber shall pay all applicable taxes related to use of the Service by Subscriber or Subscriber's designated users. For situations where the Subscriber's credit card issuing financial institution has been notified of a payment dispute, said Subscriber agrees that proof of Service usage by Subscriber constitutes Subscriber authorization to submit payment request to Credit Card issuing financial institution. NuNet may, in addition, at its sole discretion and without notice to the Subscriber, (a) suspend its performance under this Agreement and deny Subscriber's and Subscriber's designated users' access to and use of the Service until Subscriber is back in good standing, or (b) terminate this Agreement and Subscriber's and Subscriber's designated users' access to and the use of the Service. Further, NuNet may cancel the Service to Subscriber without cause upon thirty (30) days prior written notice. Subscriber must provide NuNet with written notice of Subscriber's intent to terminate use of the Service. At the time of cancellation, the Subscriber’s access to any of Subscriber’s data stored by the Service may be permanently terminated. NuNet will not provide a refund for any unused portion of the Services paid in advance by Subscriber.

4. No bailment or similar obligation is created between Subscriber (and/or Subscriber's designated users) and NuNet with respect to Subscriber's stored data. Subscriber is solely responsible for maintaining the confidentiality of Passwords, including restricting the use of the Password by Subscriber's designated users. Subscriber shall be responsible for all use of the Service accessed through Subscriber's Password. NuNet SHALL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO SUBSCRIBER, SUBSCRIBER'S DESIGNATED USERS, OR OTHER USERS OF THE SERVICE TO MONITOR, SUPERVISE OR OVERSEE THE CONTENTS OF FILES STORED ON THE SERVICE. NuNet IS NOT RESPONSIBLE FOR PROVIDING SUBSCRIBER WITH PASSWORDS IN THE EVENT OF A FORGOTTEN PASSWORD. WITHOUT THE CORRECT PASSWORD, SUBSCRIBER’S DATA WILL REMAIN ENCRYPTED AND INACCESSIBLE.

5. Subscriber shall not use the Service for storage, possession or transmission of any information, the possession, creation or transmission of which violates any state, local or federal law, including without limitation, stolen materials, obscene materials or child pornography. SUBSCRIBER'S BACKUP FILES MAINTAINED BY NuNet ARE SUBJECT TO EXAMINATION BY LAW ENFORCEMENT OFFICIALS OR OTHERS WITHOUT SUBSCRIBER'S CONSENT UPON PRESENTATION TO SUBSCRIBER OR NuNet OF A LEGAL SEARCH WARRANT OR SUBPOENA.

6. Subscriber agrees to indemnify NuNet against liability for use of Subscriber's account which liability is a direct result of Subscriber's misuse or negligent use of its account(s).

7. NuNet may make copies of all files stored as part of the back up and recovery of servers utilized in connection with some of the Services. NuNet is not obligated to archive such copies and will utilize them only for backup purposes. They will not be accessible to Subscriber.

8. Subscriber is responsible for and must provide all telephone and other equipment and services necessary to access the Service. Subscriber should maintain a primary electronic file of all materials stored in the Service. Subscriber should not utilize the service as a substitute for primary electronic file maintenance.

9. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S SOLE RISK. NEITHER NuNet NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR NuNet OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER NuNet NOR ANYONE ELSE INVOLVED IN CREATING, DELIVERING OR MAINTAINING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. IN NO EVENT WILL NuNet’s LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS PAID BY SUBSCRIBER, IF ANY, FOR THE SERVICE FOR THE TWELVE MONTH PERIOD PRECEDING THE EVENT FORMING THE BASIS OF THE CLAIM.

10. The provisions of paragraphs 4, 6, 7, and 9 are for the benefit of Subscriber and its respective Suppliers, Licensors, Employees, and Agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.

11. This agreement is, and shall be governed by and construed in accordance with the law of the State of Pennsylvania applicable to agreements made and performed in Pennsylvania.

12. Notwithstanding any acknowledgment of a Subscriber purchase order by NuNet any provision or condition in any purchase order, voucher, letter or other memorandum of the Subscriber which is in any way inconsistent with, or adds to, the provisions of this agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of paragraph 9 and 12 and all obligations of and restrictions on Subscriber and its designated users shall survive any termination of this Agreement.

13. Privacy of Communications

NuNet intends to respect its subscribers' privacy and will not randomly monitor or disclose the contents of private E-mail or private chat room communications. However, you agree that NuNet has the right, but not the obligation, to monitor or disclose the contents of private communication, if NuNet, in its sole discretion, reasonably believes that such action is necessary: (1) to comply with applicable law or valid legal process; (2) to protect NuNet’s rights, systems or network, and/or property; or (3) in emergencies when a person's physical safety may possibly be at issue.

Account Billing

1. Account Charges

Your monthly account charges are payable in advance. If you terminate your account, NuNet has the right to retain and/or collect all fees owed to date even though it may be for services not rendered prior to termination. If your account is terminated by NuNet because of violations of NuNet’s online policies, you will not be entitled to any refund, such forfeiture being agreed to you and NuNet as liquidated damages and not as a penalty.

2. Cancellation

Your account will remain in effect until you terminate either in writing, by fax, postal mail, or an E-mail. Until such time, your account will remain active and you will be responsible for all charges incurred. If you provide NuNet with a credit card or bank account, you authorize NuNet to bill your credit card or bank account continuously and in advance of each monthly, quarterly, bi-yearly or yearly service. Failure to call tech support to resolve problems does not relieve you of the charges.

Any yearly account that is cancelled before the end of the service period will revert to the normal monthly rate and will be charged a $50.00 early termination fee. Otherwise the account will remain open until the end of the service period. Any bi-yearly account will revert to the normal monthly rate and be charged a $25.00 early termination fee. Any quarterly account will revert to the normal monthly rate and be charged a $15.00 early termination fee.

All refunds will be made in the manner they were received either by credit card refund or a written check refund. (There will be no cash refunds available).

3. Billing Period

A billing cycle will begin on the date you purchase the access services and will continue for one billing period from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased the access services. It may be necessary, however, for NuNet to change billing cycles from time to time. In said instances, account charges will be prorated in accordance with the new billing cycle.

If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by NuNet prior to the first day of each billing cycle. Your account will be considered to be in default if payment of your account charges is not received within thirty (30) days after the Bill Date of your invoice. If your account is still unpaid forty-five (45) days after the Bill Date of your invoice, you may have your Service interrupted or terminated without further notice to you.

4. Collections / Default

If any instrument received in payment is returned to NuNet unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a collection charge of $25.00. If your account is cancelled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your account charges. You cannot terminate your account by simply calling and/or not paying the bill and/or not using the account.

NuNet may immediately terminate your account, in NuNet’s sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges with the understanding, however, that customer remains fully liable to NuNet for all charges incurred by NuNet due to said declines, returned checks, etc.

If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay NuNet its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing NuNet’s rights under NuNet’s Internet access agreement.

5. Billing Disputes

ANY DISAGREEMENT OR DISPUTE CONCERNING A BILL MUST BE MADE WITHIN 30 DAYS OF THE BILL DATE. CHARGES DISPUTED AFTER THIS PERIOD OF TIME WILL BE CONSIDERED NON-NEGOTIABLE.

NuNet, Inc.
7535 Windsor Drive - Suite A305
Allentown, PA 18195
Local: (610) - 289-6500 Toll Free: 888-NuNet-Me (888) - 686-3863

Copyright © NuNet, Inc. All rights reserved.

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