SecureIT
Plus Registration
You must sign up for SecureIT Plus service from
the company you get your bill from. Contact your local
independent telephone company to order service.
Enter your zip
code here to find your local
company.
Signing up with your local indpendent
telephone company makes it easy! You'll get charged
for SecureIT Plus service on the same
bill as your Internet service.
For pricing and billing
details, talk to your local independent telephone company.
netINS SecureIT Security Service
BY YOUR SIGNATURE YOU EXPRESSLY AGREE TO AND CONSENT
TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. ALSO, YOU
ACKNOWLEDGE THAT
(I) YOU HAVE CAREFULLY READ AND UNDERSTAND THE TERMS OF THIS
AGREEMENT AND (II) YOU ARE AN AUTHORIZED REPRESENTATIVE OF YOUR
ORGANIZATION
and/or household WITH THE AUTHORITY TO EXECUTE THIS AGREEMENT
ON ITS BEHALF.
- General. This Agreement
is made by and between netINS and the customer identified
in this
service
subscription
agreement
("Customer").
By signing and installing or using any part of the Service, Customer
agrees to be bound by this Agreement and to use the Service
in compliance with
this Agreement. This Agreement sets forth the terms and conditions
pursuant to
which netINS shall provide to Customer. The Service provides
antivirus protection
software, Microsoft critical patch updates, popup blocking, disk defragmentation,
and spyware detection and removal on a remotely managed and supported
basis.
- Rates and Charges. Customer
and netINS agree that netINS is providing the Service to Customer
at the agreed
usage,
installation and recurring
charges. Customer authorizes netINS to Bill Customer’s account
for any and all charges agreed to on front of Agreement. Rates and charges
are subject to change
by netINS from time to time by notice to Customer provided with the Service
or otherwise. Customer shall be liable for all sales and use taxes, as
well as any duties or levies, arising in connection with the Service.
Delinquent
accounts may be suspended or cancelled at netINS’ sole discretion;
however, charges will continue to accrue until the account is cancelled.
netINS is not
responsible for any toll or other charges in connection with Customers
access of the Service.
- Term and Termination. Customer
may terminate this Agreement, effective upon 30 days written
notice to netINS,
if netINS breaches this Agreement
and fails
to cure the breach during the 30 day period following receipt
of written notice. Customer shall not be entitled to a refund
of fees
and charges
paid in advance
to netINS. Without prior notice, netINS may terminate this
Agreement, Customers password, Customers account, and Customers
use of the
Service, if Customer
fails to pay any charges when due or, if netINS, in its sole
discretion, believes Customer or someone using Customers account
has violated
this Agreement.
- Rights and Obligations
of Customer. Customer represents and warrants that (a) it has
full
right and
authority
to enter
into this Agreement;
(b) it
will not use the Service in any manner which is in violation
of any law or governmental
regulation; (c) the "Customer Data" (as hereinafter defined)
will not violate or infringe the rights of others, including, without
limitation,
any patent, copyright, trademark, trade dress, trade secret, privacy,
publicity, or other personal or proprietary right; and (d) Customer
will comply with all
relevant export and encryption laws and regulations of the United
States ("Export
Laws") to assure that neither the Service nor any direct product
thereof are used in a manner (i) directly or indirectly, in violation
of Export Laws;
or (ii) intended to be used for any purposes prohibited by Export
Laws. "Customer
Data" shall mean the text, data, images, sounds, photographs,
illustrations, graphics, programs, code and other materials which
may be transmitted in
connection with the Service hereunder.
- Equipment and Materials. All
software provided by netINS to Customer is subject to the terms
and conditions set forth in the manufacturer's
or publisher's
warranty or end-user license applicable thereto, including
the Customer License Terms set forth below and made a part of this
Agreement,
with no warranty
of any kind from netINS.
- Disclaimer of Warranties.
CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE
AND THE INTERNET
AND ACCESSES THE SAME AT
ITS OWN
RISK. netINS
EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER
FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET
AND netINS
EXPRESSLY
DISCLAIMS
ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. EXCEPT AS
SPECIFICALLY SET FORTH HEREIN, THE SERVICE AND RELATED SOFTWARE
PROVIDED BY
netINS, IF ANY,
ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE
OR
INFORMATION GIVEN BY
netINS,
ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE ANY WARRANTY.
- Limitation of Liability.
EXCEPT FOR CUSTOMER'S PAYMENT AND INDEMNIFICATION OBLIGATIONS
EXPRESSLY
SET FORTH IN THIS AGREEMENT,
NEITHER PARTY,
ITS AFFILIATES OR CONTRACTORS SHALL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED
PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM
OR
RELATED TO THE SERVICE
OR THIS
AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH
SUCH LIABILITY
IS ASSERTED AND REGARDLESS OF WHETHER A PARTY HAS BEEN
ADVISED OF THE
POSSIBILITY
OF
ANY SUCH LIABILITY, LOSS OR DAMAGE. CUSTOMER'S EXCLUSIVE
REMEDY FOR ANY AND ALL
CLAIMS RELATED TO THE SERVICE SHALL BE LIMITED TO ONE-TWELFTH
(1/12) OF THE TOTAL ANNUAL PAYMENT MADE BY CUSTOMER
TO netINS FOR THE
AFFECTED SERVICE,
EXCLUDING SET-UP AND SIMILAR FEES, OR REPLACEMENT OF
THE ALLEGEDLY DEFECTIVE service
component or DOWNLOAD. netINS’ TOTAL AGGREGATE
LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT
SHALL NOT EXCEED
ONE-TWELFTH (1/12) OF THE TOTAL
PAYMENT, EXCLUDING SET-UP AND SIMILAR FEES, MADE BY
CUSTOMER TO netINS FOR THE SERVICE.
- Dispute Resolution. Any dispute
arising out of this Agreement which cannot be resolved
by the parties will be settled by
arbitration, which
will be
conducted in accordance with the Judicial Arbitration
and Mediation Services (JAMS) Comprehensive
Arbitration Rules. Either Party may initiate arbitration
by providing written demand for arbitration to JAMS (with a copy
to the other
party), a copy
of this Agreement and the administrative fee required
by JAMS.
The written demand for arbitration shall be sufficiently
detailed to permit the other party to understand the
claim(s) and identify
witnesses
and relevant
documents. The remaining cost of the arbitration, including
arbitrators fees, shall be shared equally by the parties;
provided, however,
each party shall
bear the cost of preparing and presenting its own case
(including its own attorneys fees). The arbitration will be held
in
Guthrie Center,
Iowa.
The arbitrator
has no authority to award any indirect, incidental, special,
punitive, or consequential damages, including damages
for lost profits. The
arbitrators decision shall
follow the plain meaning of the Agreement and shall be
final, binding, and
enforceable in a court of competent jurisdiction. If
either party fails to comply with the dispute resolution process
set forth
herein (including
without
limitation, non-payment of an arbitration award) and
a party
is required to resort to court proceedings to enforce
such compliance, then the
non-complying party shall reimburse all of the costs
and expenses incurred by the party
requesting
such enforcement (including reasonable attorneys fees).
- Confidentiality.
Neither party shall, without the prior written consent of
the other party, disclose or use (except
as expressly
permitted by,
or required to achieve the purposes of, this Agreement)
the Confidential Information
(as
defined below) of the other party, during the term
of this Agreement and for one (1) year following the expiration
or termination
hereof. For purposes
of
this section, Confidential Information shall include,
but
not be limited to, the terms and existence of this
Agreement, including
pricing. Each
party will
take reasonable precautions to protect the other parties
Confidential Information, using at least the same standard
of care as it
uses to maintain the confidentiality
of its own confidential information.
- Miscellaneous. Customer
may not assign this Agreement or any of its rights or obligations
hereunder without the
prior
written
consent
of
netINS. In
the event that any portion of this Agreement is held
to be unenforceable, the unenforceable
portion shall be construed as nearly as possible
to reflect the original intent of the parties and the remainder
of the provisions
shall remain
in full force
and effect. Neither party will be liable for any
delay
or failure to perform its obligations hereunder (except
with
regard to
payment obligations)
where
delayed or hindered by war, riots, embargoes, strikes
or acts of its vendors or suppliers, accidents, acts of God,
changes
in law
or government
regulation,
or any other event beyond its reasonable control,
including slow downs, interruptions or stoppages of the Internet.
This Agreement
constitutes
a legally binding
instrument and agreement between Customer and netINS
with respect to the subject matter hereof and expressly supersedes
any prior
written or oral
agreements
or understandings between the parties. netINS reserves
the right to
modify this Agreement in its discretion at any time.
netINS
will notify Customer
of the changes. Customers continued use of the Service
after notification shall
constitute acceptance of the changes. If Customer
does
not accept the changes, Customer may terminate this
Agreement. The terms,
representations, warranties
and agreements of the parties set forth in this Agreement
are not intended
for, nor shall they be for the benefit of or enforceable
by, any person or entity that is not a party to this
Agreement, including without
limitation, Customers Users. This Agreement shall
be governed by
the laws of the
State of Iowa without regard to its choice of law
principles.
Sign up for SecureIT Plus if you get your bill directly from netINS here.
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