Company Policies: Acceptable Use

Effective March 1, 2005
This Service Agreement and Acceptable Use Policy ("Agreement") governs your access to and use of facilities, services or resources ("Services") owned and operated by NETECHNCIA Consulting, Inc. ("NETECHNICA") and this Agreement is between NETECHNICA and any party (the "User," also referred to herein as "you," "your," etc., and if the User is accessing or using the Services for any reason other than personal, individual use, then "you," "your," etc., also means the company, or other entity, that such party is accessing or using the Services on behalf of, and its officers, directors, members, employees, agents, contractors, successors and assigns) accessing or otherwise using the Services. By accessing and/or using the Services you acknowledge, and assent to be bound by the policies, terms and conditions set forth herein in their entirety without limitation or qualification, as well as all applicable laws and regulations, as if you had handwritten your name on a contract.

We respect privacy at NETECHNICA. We exercise no control over the content of the information passing through NETECHNICA. As a User, you are fully responsible for the privacy of, content of and liability of your own communications. The persons and organizations, including NETECHNICA Users, who publish materials and information which are accessible through NETECHNICA are solely responsible for the content of such materials and information and are solely responsible to know and to comply with all laws applicable to the publication of such materials and information. NETECHNICA does not accept responsibility for the content of the materials and information published by others which are accessible through the NETECHNICA networks and does not accept responsibility for the violation of any laws resulting from such publication.

With the exception of information specifically authored by or on behalf of NETECHNICA, NETECHNICA does not develop or publish, nor does NETECHNICA review, censor or edit the materials and information which are accessible through NETECHNICA, or the materials and information which are accessible through the other computer networks which may be connected to NETECHNICA. NETECHNICA does not censor, limit or control the information that comes in and out of our system, except in accordance with the provisions of this agreement and applicable law. We will rely on the complaints from any of the following:
  • Other users on the NETECHNICA system.

  • Users on other hosts on the Internet.

  • Any other information we may receive.
We will take immediate action against any NETECHNICA User who abuses any NETECHNICA facilities, services or resources. NETECHNICA will review all complaints or instances of inappropriate utilization of facilities, services or resources. NETECHNICA will decide at its sole discretion what action is to be taken, including the termination of account services. If you have any complaints about other User's utilization of NETECHNICA's services or facilities please contact abuse@netechnica.com at once.

By using NETECHNICA facilities, services or resources, User is indicating acceptance to the terms and conditions set forth in this document. All Users must include the business mailing address. All Users must be of legal age and may be required to provide proof of age. No users under the age of 13 are permitted. As a User, you may not resell this service or access to this service in any way unless prior arrangement has been made.

As a User you may have an additional Authorized Representative who is vested with the same authorities as the User. For your protection, NETECHNICA will never release information to other parties unless required to do so by the appropriate authorities. Prior to such disclosure, NETECHNICA will make a reasonable effort to notify the User or the Authorized Representative.
Your account may be used by yourself, members of your immediate family or an Authorized Representative of your company. Use of your account by someone other than yourself, immediate family members or an Authorized Representative of your company may cause your service to be terminated. Concurrent logins of the same account are not permitted. Unattended use of your account (line camping) is strictly prohibited. Processes run by your account must be run interactively. Unattended processes will be terminated. Operation of bots, port scanners or denial of service (DOS) tools and spamming are not allowed.

All Business Accounts are allowed to have Commercial Web Pages as a separate cost option. Commercial Web Pages are defined as web pages promoting or advertising a service, product or entity for sale or hire. NETECHNICA reserves the right to refuse services based on content or resource utilization.
Subscriptions are for Personal Accounts only. Subscriptions cover base rates only. All hours over the base rate will be billed at the current full rate for your account type. Charges for hours over the base rate will be billed the month after service and are due upon receipt.

NETECHNICA services are provided on an as available basis and NETECHNICA makes no warranties of any kind, whether expressed or implied in connection with the products or services provided hereunder. NETECHNICA SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither NETECHNICA nor NETECHNICA officers, employees, directors, agents or staff shall be responsible for any liability or damages you suffer or others may suffer, which arise out of or relate in any way to this Agreement or your use of other's use of the services provided hereunder. This includes, but is not limited to, any liability for lost profits, loss of opportunity, loss of data, or any other loss including that which may result from any use, misuse, delay, non-deliveries, mis-deliveries, service interruptions, negligence, errors or omissions. Use of any information obtained via NETECHNICA's network is at your own risk. NETECHNICA specifically deny any responsibility for the accuracy or quality of information obtained through our services.

System use policies

It is the responsibility of all NETECHNICA Users and their constituents who have access to NETECHNICA and to the networks of other providers, to comply with the NETECHNICA Service Agreement & Acceptable Use Policy and the acceptable use policies governing those networks. It is the responsibility of all Users and others who have access to NETECHNICA to:
  •  Use NETECHNICA facilities, services or resources in a manner which does not violate any applicable laws or regulations;

  •  Respect the privacy of other users, and to not intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission;

  •  Respect the legal protection provided by copyright, trademark, licenses and other laws to programs, data and documents.

  •  Users may not upload to NETECHNICA any data or software that is subject to distribution or copyright limits. Users have the sole liability for any data or software uploaded to NETECHNICA;

  •  Minimize un-authenticated or anonymous access accounts and the transmission or distribution of messages or articles from those accounts;

  •  Use NETECHNICA facilities, services or resources in a manner which does not interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:
    •  Wide-scale distribution of messages or unsolicited e-mail (spam) to inappropriate forums, mailing lists or e-mail addresses through NETECHNICA or another provider;
    •  Using an account on NETECHNICA as a mail drop for responses to spam, or using spam to draw attention to a web site housed within NETECHNICA's networks or on a server connected to NETECHNICA's networks;
    •  Knowingly or unknowingly maintaining a open proxy server or mail server connected to NETECHNICA's networks which allows unauthenticated access or an open mail relay; NETECHNICA.com will conduct regular scans to detect open relays and open proxies connected to the NETECHNICA.com network;
    •  Propagation of computer worms or viruses;
    •  Use of the network to make unauthorized entry to other computational, information or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
All users are expected to use good judgment. A flexible, friendly atmosphere can be maintained if every User uses the service with care. The User, is responsible for actions taken by the User account and is required to follow all applicable laws and statutes.

Account Suspension & Cancellation Terms and Conditions

Unless under contractual obligation, NETECHNICA Users have the right to cancel their accounts at any time, for any reason.

NETECHNICA reserves the right to suspend and/or cancel any NETECHNICA account in accordance with the provisions of this Service Agreement & Acceptable Use Policy or for any reason not prohibited by law.

If your account is suspended or interrupted, you are not relieved of the obligation to pay the monthly account charges. Only a written notice to cancel this agreement relieves you of future charges. If you send us written notice via E-Mail, we will contact you or your authorized representative by phone to confirm your decision to cancel this agreement. If you cancel this agreement, payments for pre-paid months beyond the current month shall be refunded less a cancellation fee unless under contractual obligation.

Billing

All accounts will be billed for service in advance. All invoices are due and payable upon receipt unless prior arrangements have been made. Billing cycle is typically annually. All returned checks will be subject to a $20.00 fee for each time they are rejected by Users bank. Account access may be interrupted if a bad check is not paid in full with all applicable fees at our offices within 5 days of receipt from Users bank. User agrees to make payment in full to NETECHNICA for all charges incurred by User under this or other agreements. User also agrees to pay NETECHNICA, as interest, an amount equal to 1.5% per month, or the maximum provided by law (whichever is less) for invoice amounts that are greater than 45 days past due. Should User default in any such payment(s), NETECHNICA shall have the right, without notice to User, to declare all invoice amounts due and payable.

While NETECHNICA may terminate unattended or inactive connections, this is not a guarantee. The User shall be wholly responsible for any connection overage charges resulting from extended usage or failure to disconnect.

In the event NETECHNICA should commence any action or actions, or otherwise seek to enforce this agreement against User, User agrees to pay reasonable attorney(s) fees, court costs, collection fees and other expenses incurred by NETECHNICA, whether or not suit is filed. NETECHNICA reserves the right to assess legal fees, including attorney and court fees, upon any User, who by their action or inaction directly or indirectly causes NETECHNICA to be a defendant, co-defendant or to have to testify in any civil or criminal legal action or arbitration.

This agreement is strictly confidential and is not transferable or assignable without prior written consent of NETECHNICA. User agrees that any change in liability for any debts incurred to NETECHNICA due to a change in User's form of business, shall not be effective as to NETECHNICA, until NETECHNICA receives actual notice of the change by certified mail.

Enforcement and Violations

Each NETECHNICA User shall be responsible to distribute, publicize and enforce the NETECHNICA Acceptable Use Policy at their sites. In addition, each NETECHNICA User shall provide this policy to appropriate administrative authorities at all sites connected to theirs via connections not directly supported by NETECHNICA.

Even though NETECHNICA does not review, censor or edit the materials and information which are accessible on NETECHNICA network or other networks which may be connected to the NETECHNICA network, if NETECHNICA becomes aware that a User is in violation of the law or this Service Agreement & Acceptable Use Policy, NETECHNICA reserves the right to impose disciplinary action up to and including, the expulsion of the User from NETECHNICA, termination of NETECHNICA services, and forfeiture of all fees paid to date. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.

Acceptance and Modifications

Any User may request Services from NETECHNICA in the following manner: (i) execution of an order form; (ii) completion of an order entry web page; or (iii) submission of another form of oral or written request for service; and any such request, regardless of form, will be confirmed upon NETECHNICA's acceptance of such request, by a service confirmation statement provided to User by NETECHNICA (collectively "Service Order"). The following terms and conditions govern all dealings between NETECHNICA and the User with respect to all products and services furnished or to be furnished to User by NETECHNICA (collectively "Services"). Additional terms and conditions applicable to particular products and services may appear on any corresponding order form, order entry web page, or service confirmation statement. The term "this Agreement" refers to and includes the terms and conditions contained in this sheet along with any applicable order form, order entry web page, or service confirmation statement.

By signing the order form, clicking the I ACCEPT button on the order entry web page or by keeping and/or using the Services, User acknowledges and agrees to the terms and conditions contained in this Agreement. If User does not agree to all of these terms and conditions, it must discontinue use of the Services and promptly notify NETECHNICA of its rejection of the terms and conditions. NETECHNICA reserves the right to change, modify and or remove portions of these terms and conditions at any time. NETECHNICA may, at its discretion, provide User with a written notice of any such changes, and/or post the changes on NETECHNICA's web site (currently accessible at http://www.netechnica.com/).