Napanet Internet Services

Napa Internet Services (dba NapaNet) Terms and Conditions

I. INTRODUCTION

The terms and conditions of this Agreement shall govern the relationship between you ("Customer") and Napa Internet Services, Inc. (dba NapaNet). NapaNet provides its Internet access services including Dial-Up, ISDN, DSL, T1 and Wireless as they may exist from time to time ("Services"), to Customers who establish an account with NapaNet. By establishing an account or using any software provided, developed, licensed or owned by NapaNet (the "Software"), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other NapaNet policies posted on our Web site here http://home.napanet.net/Page/Policy/index.php. Customer agrees to purchase Internet Access Services from NapaNet. The services provided and prices to be paid by the Customer are listed on the attached Service Agreement. The price guarantee does not apply to charges or surcharges mandated by any State or Federal regulatory entity. NapaNet agrees to allow Customer to connect computing facilities at Customer's Service Address to the NapaNet network to connect to the Internet in accordance with the terms of this agreement. NapaNet provides services to the Customer for the sole use of the Customer and the Customer agrees not to resell Internet Access Services.

II. TERMS AND CONDITIONS

SUBSCRIPTION REQUIREMENTS

Customers must be at least 18 years old. Access points or enabled venues may not be available in all areas. Current prices for NapaNet's Services are posted on our Web site at http://home.napanet.net/Page/Connectivity/index.php. These rates also may be obtained by calling (707) 257-2826. NapaNet reserves the right to change prices and institute new fees at any time.
SERVICE AVAILABILITY, HARDWARE, PRICE, AND PAYMENT
1. Availability: All service types are not available in all locations and prices may vary per geographic location. Some speeds and service reliability may be affected by circumstances uncontrollable to NapaNet including line integrity, weather, hardware, software, etc. NapaNet does not guarantee end-user speeds.
2. Hardware: Hardware provided by NapaNet is sold on an as is basis, All manufacturers guarantees will be passed along to the end-user.
3. Price: Prices for setup fees and access are as stated on the Agreement. Unless otherwise agreed to in writing, payments once received are nonrefundable. NapaNet may, from time to time at its sole discretion, offer refundable trial use of its services as a promotional measure without incurring additional obligations to existing customers. Rates may increase or decrease; customer is liable for contracted amount. In the case of reduced monthly service fees for a customer; NapNet will make a best effort to reduce customers monthly rates in accordance with new prices or prices posted on website. Price reductions may not be possible with existing services that are provided in conjunction with third party services (Covad DSL lines and Pac Bell T1 loop services).
4. Billing: Billing is monthly, in advance and due upon receipt. Bills are sent to the customer's billing address, email address or settled automatically if the customer chooses subscription rate credit card billing.
5. Payment: Payment may be by check, EFT or by those credit cards specified in the Agreement.
  1. Past due accounts: NapaNet may deny all services to any account past due until payment is received. Normally the Customer will be notified and given a grace period of ten (10) calendar days. Accounts that are chronically past due may be closed permanently at the sole discretion of NapaNet.
  2. Bad Checks: Recovery of bad checks is subject to the provisions of the State Law of California. NapaNet may at its sole discretion cancel the account of Customers whose checks are dishonored two or more times.
  3. Prompt payment: We anticipate prompt payment and in most instances we will not contact individuals concerning payment issues. Our primary focus is providing quality Internet connections, and we consequently utilize staff to improve services, not track delinquent payments. To keep your account current, please ensure your credit card payment method information is up-to-date (expiration dates pass, accounts close, et cetera...). Should payment be declined, we will restrict your account until you contact us with updated information, and payment has been received.
  4. Labor charges: A labor charge will be added each time an account requires extra processing, such as in the cases of declined or expired credit cards or checking accounts.
  5. Account Processing Fees: Declined credit card: $10 per occurrence and returned check: $15 per occurrence. If you have a questions about a charge or invoice, please let us know about it. We value our relationship with you and will work with you on matters. However, should you wish to dispute charges, please contact our billing department before contacting your credit card issuer. In many cases, a simple inquiry will resolve the problem. However, should you choose to contact your credit card company first, there is every likelihood that they will take action against the account regardless what information we provide. This has resulted in some people receiving multiple refunds at NapaNet's expense. Accordingly, you will be charged in the event that a credit card dispute is lodged against NapaNet / IT Studios, Inc. We will take all reasonable actions to mitigate damages and compensate our staff for the time involved in researching credit card dispute issues, regardless the outcome.
6. Code of the State of California: "Section 1542 (General Release - Claims Extinguished.) A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor." Furthermore, having been made aware of Section 1542 above, your acceptance of the refund in any form constitutes an express waiver of 1542 and all benefits accruing the reunder. You may suspend your account if you inform us before a non-usage period. For example, if you are going on vacation for a month, and send email to billing@napanet.net before you leave, your account will not be billed from the time you leave until when you return. Another example is if your computer fails and you call us and request a suspension of your account until it is fixed. In these cases, we will suspend billing on your account until you request your account be re-enabled. If you contact us after a period of non-use, we cannot issue you credit.
7. Extra charges and fees: NapaNet reserves the right to charge and collect for additional expenses incurred. Some services are optional and provided at a nominal charge. Please find a list of current rates at www.napanet.net.
PAYMENT OBLIGATION

NapaNet will bill the Customer for services on a monthly basis. The initial bill may include non-recurring installation charges. Bills are due and payable within fifteen (15) days of receipt of invoice by the Customer. Payments will be submitted in advance of receiving services and will be in accordance with the standard billing procedures set forth by NapaNet. Customer will be subject to a late payment fee of 10% of the monthly fee or $10.00 whichever is greater if a payment is 5 days or more late.

Customers must (1) provide NapaNet with accurate and complete billing information including legal name, address, telephone number and credit card/billing information, and (2) report to NapaNet all changes to this information within 30 days of the change. Customers are responsible for any charges to their account.

Customers having questions regarding charges to an account should contact NapaNet's Customer Service Department at (707) 299-100 or by email at support@napanet.net. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

Charges are billed to Customers' credit cards each month for the applicable service plan and any additional usage or services. Your Charge Descriptor Will Be "Napanet". NapaNet is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by NapaNet.

Delinquent accounts may be suspended or canceled at NapaNet's sole discretion; however, charges will continue to accrue until the account is canceled and collection fees, late charges or other similar fees may be added. NapaNet may bill an additional charge to reinstate a suspended account.
ACCOUNT PASSWORD AND SECURITY

Upon registration, you will receive a username, password and user identification number. You are the only authorized Customer of your NapaNet account, except if expressly specified otherwise in your service plan, and you must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify NapaNet immediately upon discovering any unauthorized use of your account. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection. Usernames and passwords are NapaNet's property and NapaNet may alter or replace them at any time.
MONITORING THE SERVICE

NapaNet has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if NapaNet, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Services properly; or protect itself and its Customers.
WEB SITE USAGE

Our Web site on the World Wide Web at the domain "http://home.napanet.net" or any other site operated by NapaNet is a complimentary information service offered by NapaNet at no charge to Customers. We may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by NapaNet of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

Your posting of material on the Web site or providing material to NapaNet to use on the Web site will be deemed to be a grant by you to NapaNet of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
SOFTWARE LICENSE

BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE THE SOFTWARE.

NapaNet grants to each Customer a limited, nonexclusive, nontransferable and nonassignable license to install and use the Software, its associated documentation, and any updates thereto ("Licensed Programs") solely for personal or internal business purposes, including accessing and utilizing the Services. NapaNet may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to its Customers. This license does not entitle Customer to receive hard-copy documentation, technical support, telephone assistance or enhancements or updates to the Licensed Programs.

You may not: (1) redistribute the Licensed Programs; (2) permit other individuals to use the Licensed Programs; (3) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based upon the Licensed Programs; (4) copy the Licensed Programs (except for back-up or archival purposes); (5) rent, lease, transfer, encumber, sublicense or otherwise transfer rights to the Licensed Programs; or (6) remove any proprietary notices or labels on the Licensed Programs. Any such forbidden use shall immediately terminate your license to the Licensed Programs. You also agree to only use the Licensed Programs in a manner that complies with all applicable laws in the jurisdictions in which you use the Licensed Programs, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

The Licensed Programs may automatically communicate with NapaNet's servers on the Internet to check for updates to the Licensed Programs, such as bug fixes, patches, enhanced functions and new versions. NapaNet will notify you when updates are available. If you decide to update, you agree that NapaNet may download updates and install them as part of the Licensed Programs. All such updates to the Licensed Programs are governed by this Agreement, unless other license terms are provided with the update. Although NapaNet uses encryption technology to provide security for the auto update process, NapaNet is not responsible for the failure of such security measures. Title, ownership rights and intellectual property rights in and to the Licensed Programs shall remain in and with NapaNet and/or its licensors. The Licensed Programs constitute confidential and proprietary information of NapaNet and NapaNet's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws and international treaty provisions. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with NapaNet's or its licensors' ownership of or rights with respect to the Licensed Programs. You agree, at your expense, to defend and hold NapaNet and its affiliates, officers, directors and employees harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Licensed Programs have injured or otherwise violated any right of any third party or violates any law.

You may not download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Licensed Programs, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Licensed Programs or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Licensed Programs from the U.S.

This license will automatically terminate if you fail to comply with any term hereof. No notice shall be required from NapaNet to effect such termination. You also may terminate this license at any time by notifying NapaNet in writing of termination, destroying all copies of the Licensed Programs or by returning all of such copies to NapaNet. Upon any termination of this license, you shall immediately discontinue use of the Licensed Programs.
TERM OF AGREEMENT

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account. All Wireless Internet accounts start with a 3-year agreement unless otherwise stipulated on your contract and DSL accounts start with a 1-year agreement unless otherwise stipulated in the agreement itself.
LEGAL NOTICES

All content included on this Web site, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of NapaNet or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of this Web site without the express written permission of NapaNet is strictly prohibited.

NapaNet is committed to complying with U.S. copyright law and expects all of our Customers to do the same. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. If you believe that any material contained on this Web site infringes your copyright, you should notify NapaNet of your copyright infringement claim in accordance with the following procedure.

NapaNet will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to NapaNet's designated agent who is:

CEO
NapaNet
947 Lincoln Ave
Napa, CA 94559

E-mail: rt@interx.net

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (1) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work claimed to have been infringed; (3) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit NapaNet to locate the material; (4) Contact information of the complaining party; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CANCELLATIONS AND TERMINATION LIABILITY

You may terminate your account at any time and for any reason by providing notice of intent to terminate to NapaNet at least 5 business days prior to the end of your billing cycle. Notice may be provided by: registered or certified mail, return receipt requested addressed to NapaNet, Customer Service, 947 Lincoln Avenue, Napa, CA 94558; by walking into the 947 Lincoln Avenue facility and canceling in person and in writing, or send a signed fax to 707-254-3604. Phone and email cancellations will not be accepted. Your termination will only be complete upon your receipt of a cancellation confirmation number from NapaNet. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle. Early termination charges do apply for annual or term agreements. Discounted accounts paying annual, semi-annual and quarterly can be prorated to the date we receive the cancellation if there is not an existing term agreement in place; all discounts will be removed when prorating the refund. We automatically renew all accounts ordered by credit card or electronic funds transfer unless otherwise notified by one of the methods above. If your paid-by-check account is restricted for non-payment the account will remain restricted until payment is received in our Napa office.

Without prior notice, NapaNet may terminate this Agreement, your password, your account or your use of the Services, for any reason, including, without limitation, if NapaNet, in its sole discretion, believes you have violated this Agreement or any of the applicable Customer policies, or if you fail to pay any charges when due. NapaNet may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Sections of this Agreement relating to (1) your payment obligations, (2) your account, password and security, (3) disclaimer of warranties and limitation of liability and (4) jurisdiction shall survive termination of this Agreement.
1. Termination With Liability - Except as stated below, a customer who terminates the agreement prior to the end of the agreed term (whether initial or renewal), may be liable for any or all of the following termination charges:
  1. Base Termination Charge - an amount equal to the monthly usage commitment multiplied by the number of months remaining on the initial or renewal term or $250, whichever is greater. Termination liability is billed in one lump sum.
  2. Promotional Termination Charge - an amount equal to any promotional credit, discount, or fee waiver (if applicable) provided to the customer. Termination liability is billed in one lump sum.
2. Termination Without Liability - A customer may terminate this Agreement without liability under either of the following conditions:
  1. Customer requests, and remains on, a new NapaNet agreement with a term equal to or greater than the number of months remaining on the Customer's existing term plan.
  2. A new Customer of NapaNet (who was not receiving services through NapaNet prior to the execution of this Agreement) provides written notification to NapaNet, postmarked within thirty (30) days after the initial installation of service, to cancel the Agreement. The new Customer is responsible for payment for services used through the date upon which service is terminated.
HOLD HARMLESS

Customer agrees to indemnify and hold harmless NapaNet from any claims resulting from the Customer's use of the service that causes direct or indirect damage to the account holder or another party. Customer agrees to indemnify and hold harmless NapaNet from any and all lawsuits, judgments, decrees, costs and expenses, any attorney fees arising from the customer's use of the services provided by NapaNet. The
JURISDICTION

Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to certain consumer rights information such as contact information of the provider of service and any changes to the consumer imposed by such provider. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916)445-1254. This Agreement is governed by California law without regard to conflict of law provisions. The federal and state courts located in Los Angeles, California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Los Angeles, California with respect to such matters or otherwise between you and NapaNet, and waive your rights to removal or consent to removal.
MISCELLANEOUS

Your Service Agreement, this document and NapaNet's other Customer policies posted on NapaNet's Web site constitute the entire agreement between you and NapaNet with respect to your use of the Services. NapaNet may revise, amend or modify this Agreement and any other Customer policies and agreements, at any time and in any manner.This agreement and the attached terms and conditions supercede all previous representations, understandings or agreements and shall prevail not withstanding any variance with terms and conditions of any order submitted.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY NAPANET, NAPANET DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. NAPANET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES AND THE LICENSED PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAPANET DOES NOT WARRANT THAT EITHER THE SERVICES OR THE LICENSED PROGRAMS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAPANET MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH NAPANET OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND NAPANET DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY NAPANET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. NAPANET AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE LICENSED PROGRAMS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, NAPANET'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY SUCH CUSTOMER DURING A ONE YEAR PERIOD.