Net-Trend Terms and
Conditions
Reselling:
Customers may not resell any of the services provided by Net-Trend, unless
permission has been sought and given by Net-Trend.
Content:
All services provided by Net-Trend are to be used for lawful purposes
only. Any content (e.g. Pornography, warez and others) deemed illegal
by law will result in account termination without notice. Any other content
that is unacceptable or undesirable may lead to account termination at
the sole discretion of Net-Trend.
System Resource Usage:
If a website is found to be using an unacceptable amount of system resources,
we have the right to suspend or terminate your account. Our normal practice
is to suspend the website immediately upon discovery of unacceptable resource
hogging; but we will still email the account owner, providing him/her
a chance to remove the offending site or script.
A common rule of thumb is that chat rooms and top site scripts are not
allowed to be hosted on our servers. Message boards are however permitted,
but customers should be made aware that if it starts rising in popularity
this may result in the use of an unacceptable amount of system resources.
E-mail:
The sending of unsolicited e-mail (SPAM) from Net-Trend's servers is strictly
forbidden. Net-Trend will decide on a case by case basis what constitutes
to be spamming.
Also the use of our servers to provide a free e-mail service is strictly
forbidden.
Server Abuse:
Malicious conduct against Net-Trend’s server or any other server
on the Internet using an account on Net-Trend will result in immediate
removal of that account. No warnings will be given.
Refunds:
Net-Trend will decide on a case by case basis if a refund is to be given
on violation of these terms and conditions.
Termination of services:
Should the customer want to terminate their current services with Net-Trend,
the customer will need to notify Net-Trend 1 month before actual service
termination or refunds will not be granted.
Warranty/Limitation of Liability:
The customer hereby agrees that Net-Trend makes no warranties, express
or implied and the customer hereby waives any claim based upon any breach
thereof. The customer further agrees that Net-Trend shall not be liable
for any consequential, indirect or punitive damages arising out of any
breach, delay or default in performance of this Agreement, and in any
event, the amount of damages due from Net-Trend to the customer shall
never exceed, and shall be limited to, a credit allowance of all payments
made to date of claim, but not to exceed one (1) months' service fee at
current rates. Net-Trend's liability arising out of mistakes, accidents,
omissions, interruptions, delays, or defect in transmission, including
those which may be caused by regulatory or judicial authorities, shall
in no event exceed the amount of the credit allowance, if any, available
under this Section. Without limiting the foregoing, Net-Trend shall have
no obligation to provide alternative routing with respect to any Service
provided pursuant to this Agreement. IN NO EVENT SHALL NET-TREND BE LIABLE
TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING,
WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR
ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES,
NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION,
OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY
REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE OBLIGATIONS OF NET-TREND PURSUANT TO THIS AGREEMENT.
NET-TREND MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS
TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS
FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER,
ALL OF WHICH WARRANTIES BY NET-TREND ARE HEREBY EXCLUDED AND DISCLAIMED.
INDEMNITY BY CUSTOMER:
CUSTOMER AGREES TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNFIY NET-TREND,
ITS SUBSIDIARIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DAMAGES, INCLUDING
BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, OR ANY OTHER LIABILITY ARISING
FROM CUSTOMER'S USE OF NET-TREND'S SERVICES AND FACILITIES PROVIDED TO
CUSTOMER UNDER THIS AGREEMENT, EVEN IF NET-TREND HAS BEEN ADVISED OF THE
POSSIBLITY OF SUCH DAMAGES, INCLUDING PAYMENT OF NET-TREND'S REASONABLE
ATTORNEY'S FEES.
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