Notice: By selecting "Accept and Submit Application " button at the bottom of this page, I agree to the XNet terms and conditions as stated below. I agree that I am at least 18 years of age and legally bound by this contract. If paying by credit card, I authorize XNet to charge my account for those charges that I may accrue from month to month. This authorization is valid until revoked in writing.
Terms and Conditions
1. XNet exercises no control whatsoever over the content of the information passing through its system. XNet makes no warranties of any kind, whether expressed or implied, for the service its providing. XNet also disclaims any warranty of merchantability or fitness for a particular purpose. XNet will not be responsible for any damage you suffer. This includes loss of data resulting from delays, nondelivery's, misdeliveries, or service interruptions caused by XNet or by your own errors or omissions. Use of any information obtained via XNet is at your own risk. XNet specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2. XNet may be only used for lawful purposes. Transmission of any material in violation of any US or state law or regulation or in violation of any Federal, state, municipal or local administrative body is prohibited. This includes, but is not limited to: copyrighted material legally judged to be threatening or obscene, or material protected by trade secret. In the event that any governmental or administrative body or any other entity brings legal action against XNet based upon transmission or use of any such material, you agree to indemnify and hold XNet harmless from any and all said claims including attorneys fees.
3. Any access to other networks connected to XNet must comply with the rules appropriate for that other network. This specifically, but not exclusively, includes NSFNET. Use of XNet itself may be for any lawful purpose.
4. XNet dialup Internet services are for the individual's personal use only. Any shared usage of XNet accounts must be through our Digirati or dedicated connectivity options.
5. Any attempts to engineer or construct methods to send or retrieve significantly large amounts of news and/or mail outside of the uucp and dedicated connectivity options is prohibited.
6. Unreasonably excessive use of time or resources on our dialup phone lines and server machines is prohibited. This includes, but is not limited to, connections that are connected for more then 8 hours cumulative a day, run-away processes, spaming, mail bombing, and crossposting of news articles.
7. If paying by credit card you authorize XNet to continually charge for service based on the amount specified on the XNet account application. To withdraw from this agreement, written notice must be received by XNet. If paying by check, notices will be made prior to your accounts expiration with ample time allowed for receiving payment. XNet reserves the right to disable accounts that are in default of payment and may require a $15 fee for the reactivation of the account.
8. Invoiced charges are due 30 days after date of invoice. Accounts are in default if payment is not received within 45 days after date of invoice. If any payment is returned to us unpaid, you are immediately in default and subject to a returned check charge of $25 from XNet. Accounts unpaid 45 days after date of invoice may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly charge. If you default, you agree to pay XNet its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
9. XNet reserves the right to change the rates and otherwise modify these Terms and Conditions at any time. Notice will be made to the xnet.announce newsgroup and on the XNet website in the "News & Status" section.
10. Cancellations of accounts must be made 30 days in advance and by fax or postal mail only. Email and voice cancellation notices will not be honored. Cancellations will be refunded on a pro-rated basis.
11. Unreasonably and/or excessive use of our machines is grounds for additional costs or termination that will be determined on a case by case basis.
12. Any violation of the Terms and Conditions may result in the cancellation of your account and any associated fees set forth herein.
13. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of XNet constitutes acceptance of these Terms and Conditions.
14. These Terms and Conditions shall be interpreted and controlled by the law of the State of Illinois.
