As of June 1, 2007, payments are due in full within 20 days of the invoice date. If we have not received payment within 20 days of the invoice date, a fee of 10 percent of the total bill with a $10.00 minimum will be added to the total owed. If payment is not received in full within 90 days, service will be suspended and a $15.00 reconnect fee will be added to reestablish an account. Past due accounts will be turned over to a collection agency for payment.
Any check returned to Binary.Net for insufficient funds will have a charge placed on the offending account equal to the amount charged against Binary.Net for the returned check.
Internet
Access Service binds the Customer and its users to accept the following
Acceptable usage policy established by Binary Net:
Please
read this agreement carefully. The customer agrees to be bound by the terms and
conditions below.
1. Use of Binary Net and other networks
accessible through dedicated or virtual connection
1.1 Customer understands that, except for information, products
or services clearly identified as being supplied by Binary Net, Binary Net does
not operate or control any information, products or services on other networks
in any way and that, except for such Company-identified information, products
or services, all merchandise, information and services offered or made
available or accessible through Binary Net or on the Internet generally are
offered or made available or accessible by third parties who are not affiliated
with Binary Net or its affiliates.
1.2 Customer assumes total responsibility and risk for use of
service. Binary Net may exercise control over the content of the information
passing through it within the terms of this agreement.
1.3 Information sent through the connection for public use may
only be used for lawful purposes.
Transmission of any material in violation of any
1.4 Any access to other networks through Service must comply
with the rules appropriate for that network.
1.5 Use of any information obtained via Service is at Customer’s
own risk. Binary Net specifically denies any responsibility for the accuracy or
quality of information obtained through its Service. It is solely customer’s
responsibility to evaluate the accuracy, completeness and usefulness of all
opinions, advice, services and other information, and the quality and
merchantability of all merchandise, accessible through Service or through other
networks via Service. Customer understands that other networks which are
accessible via Internet might contain unedited materials, some of which are
sexually or otherwise explicit or may be offensive.
1.6 Customer accesses such materials at his or her own risk, Binary
Net has no control over and accepts no responsibility whatsoever for such
materials.
2. No Service Warranties
2.1 The internet service is provided on an "as is" and
"as available" basis without warranties of any kind, whether
expressed or implied, including but not limited to warranties of title, non-infringement
or implied warranties of merchantability or fitness for a particular purpose.
2.2 No advice or information given by Binary Net, its
contractors or its employees shall create a warranty. Binary Net does not
warrant that the service will be uninterrupted or error free or that any
information, software or other material accessible on the service is free of
harmful components.
3. Pricing and Payment
3.1 If Customer’s payment by check fails, there will be a fee
charged to the user up to the maximum amount allowed by law.
3.2 If Customer’s payment by credit card fails authorization by
VISAÒ, MastercardÒ or NovusÒ/DiscoverÒ service center verification system, another method of
payment will be requested and account will remain unpaid until the adequate
method of payment is presented.
3.3 Customer in default will have his or her service
interrupted. Such interruption does not relieve User from the obligation to pay
continuing charges.
3.4 Only a written request by Customer to terminate Service
relieves Customer of the obligation to pay continuing charges. Cancellations
notice must be submitted by
4. User Conduct On the Service
Customer may not: use
the service as a vehicle to:
4.1
post or
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, national or international law, including
without limitation the U.S. export control laws and regulations;
4.2
post or
transmit any information or software which contains harmful component included
but not limited to: software viruses of any kind, self-replicating programs
that might cause harmful interference for User’s and/or Binary Net’s hardware
and/or software;
4.3
upload, post,
publish, transmit, reproduce, or distribute in any way, information, software
or other material obtained through the Service which is protected by copyright,
or other proprietary right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or right holder;
The
following violations are grounds for immediate suspension of Service that will
result in termination of the User’s account(s):
4.4
Posting a
single article or substantially similar articles to an excessive number of
newsgroups (i.e., 15 or more) or continued posting of articles which violate
the newsgroup charter or provoke complaints from the regular readers of the
newsgroups for being off-topic.
4.5
Sending
unsolicited mass e-mailings (i.e. to more than 20 users) which provoke
complaints from recipients.
4.6
Executing
automated tasks including Internet Relay Chat, self-replicating scripts and
programs, bots from a service other than Binary Net and using account on Binary
Net as a “Reply-to” address (a mail drop) for responses.
4.7
Using IRC
“bots” on Service, whether on Service’s IRC server or any other. Such software
may not be stored on Service.
4.8
Users, whose
accounts are terminated or suspended for any of the above infractions, are also
responsible for the cost of labor to cleanup and respond to complaints incurred
by Binary Net.
5. Service Monitoring
Customer
agrees that Binary Net has the right to monitor the Service electronically from
time to time and to disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the Service properly, or
to protect itself or its subscribers. Binary Net will not intentionally monitor
or disclose any private electronic-mail message unless required by law. Binary
Net reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this Agreement.
6. Credit Card use
Binary Net is not in any manner
responsible for credit card charges made by e-commerce clients using the Binary
Net processing system nor for any loss or damage arising, directly or
indirectly, from the acceptance of credit cards by such clients. The responsibility for verification of
ownership of and entitlement to use any credit card, including any related
liability, is the sole responsibility of the client.
7. HIPAA Disclaimer
Binary Net provides access to
the Internet for businesses that fall under the HIPAA privacy rules. Except as noted in 7 1.1 Binary Net does not
have access to data that is governed by
HIPAA privacy rules and does not accept libility for data that is
transmitted using the binary Net service.
1.1 SSL certificates installed by binary net
for customer’s encryption needs meet industy standards.
Miscellaneous
In
the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect.
Binary
Net's failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between parties nor trade practice shall act to
modify any provision of this Agreement.
This
Agreement shall be governed by and construed in accordance with the laws of the
State of