*NetBoise Quality Internet Services of Idaho* *NetClassic Communications*

*NetBoise Quality Internet Services of Idaho* *NetClassic Communications*

The content within the NetBoise Quality Internet Services of Idaho/NetClassic Communications web site is provided by NetClassic Communications.

It's purpose is to provide information regarding the services offered by NetBoise Quality Internet Services of Idaho/NetClassic Communications Internet/NetBoise Idaho/WowItsAllHere Services, and to be a source of education and entertainment. Usage of this site constitutes agreement of NetBoise Quality Internet Services of Idaho/NetClassic Communications Terms and Conditions hereby set forth. This site and all images used therein are the sole property of NetClassic Communications, and NetBoise Quality Internet Services of Idaho. Any unauthorized use of any part of this website is strictly forbidden and will result in prosecution to the fullest extent of the law. The contents contained in this web site may not be distributed, modified, reproduced in whole or in part without prior written consent of NetClassic Communications. Any information published on this web site shall be provided and received on a non-confidential basis. NetClassic Communications shall be free to use such information on an unrestricted basis.

For those who may submit information or material to the NetBoise Quality Internet Services of Idaho/NetClassic Communications web site, you do so by granting NetBoise Quality Internet Services of Idaho/NetClassic Communications an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and information, including any ideas, concepts, know-how or techniques sent for any purpose.

* Links from our site to others*

NetClassic Communications makes no representation what so ever in regard to the content of any other web sites, which may be accessed from the NetBoise Quality Internet Services of Idaho/NetClassic Communications web site. NetBoise Quality Internet Services of Idaho/NetClassic Communications provide the links as a service, and the submission of various links does not in any way constitute/imply an endorsement by NetClassic Communications of the web site, product or service. Mention of our links to third-party products/services, companies and web sites directly from within the NetBoise Quality Internet Services of Idaho/NetClassic Communications web site is solely for informational purposes only and constitutes no endorsement/recommendation of the third party as mentioned. NetClassic Communications assumes no responsibility with regard to the selection, performance or use of these products or vendors.

* Warranties and Disclaimers *

NetClassic Communications shall not be responsible for any errors or omissions contained in the NetBoise Quality Internet Services of Idaho/NetClassic Communications web site, and reserve the right to modify or delete content without notice. It is the intention of NetClassic Communications for the information and data contained in the NetBoise Quality Internet Services of Idaho/NetClassic Communications web site to be accurate and reliable. NetClassic Communications disclaims all warranties and/or conditions, express/implied or otherwise as to any matter whatsoever relating to or referenced by the NetBoise Quality Internet Services of Idaho/NetClassic Communications web site. Including but not limited to the implied warranties and/or conditions of merchantability or satisfactory quality. In no event shall NetClassic Communications be liable for any damages whatsoever, and in particular NetClassic Communications shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the NetBoise Quality Internet Services of Idaho/NetClassic Communications web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

*TERMS AND CONDITIONS *

General Information: This Agreement is between NetBoise Quality Internet Services of Idaho/NetClassic Communications Internet/NetBoise Idaho/WowItsAllHere and the customer or subscriber who is registered on the account and/or is paying for the account, hereafter referred to as the User. This Service Agreement applies to all services provided by NetBoise Quality Internet Services of Idaho/NetClassic Communications Quality Internet Services of Idaho. NetBoise Quality Internet Services of Idaho/NetClassic Communications Quality Internet Services of Idaho makes no claims and accepts no responsibility for the accuracy or content of material found on the Internet. Upon use of NetBoise Quality Internet Services of Idaho/NetClassic Communications service, acceptance, and/or payment of NetBoise Quality Internet Services of Idaho/NetClassic Communications Quality Internet Services of Idaho shall hold one in agreement to the terms and conditions of this Service Agreement. Your initial connection to the Internet, through the use of NetBoise Quality Internet Services of Idaho/NetClassic Communications services, signifies your acceptance of these Terms and Conditions. NetClassic Communications reserves the right to modify and/or change this agreement as deemed necessary.

Your use of the NetBoise Quality Internet Services of Idaho/NetClassic Communications Service signifies that you agree to be legally bound and to abide by the terms and conditions of this User Agreement. All user sessions are for attended interactive use only. The user is not permitted to run any type of server with Basic Internet access. NetBoise Quality Internet Services of Idaho/NetClassic Communications reserves the right to disconnect idle connections.

The user is not permitted to keep the session alive via means such as an e-mail program that checks mail automatically in predetermined time intervals, or any program, which periodically sends data to our system, if the user is not actively using their computer.

Users who stay connected for exceptionally extended periods of time may be disconnected or asked to purchase a Dedicated Connection. Privacy and Acceptable Use: NetBoise Quality Internet Services of Idaho/NetClassic Communications provides a gateway for the user to connect to the Internet. NetBoise Quality Internet Services of Idaho/NetClassic Communications has no control over material accessed on the Internet.

Some users may find certain material on the Internet objectionable. NetBoise Quality Internet Services of Idaho/NetClassic Communications assumes no responsibility for any material found on the Internet. Users are free to use any Internet service available as long as it is for LEGAL purposes. Any report of any illegal activity can cause immediate suspension of access and notification of the appropriate authorities. NetBoise Quality Internet Services of Idaho/NetClassic Communications reserves the right to suspend or cancel any account at any time for any reason. NetBoise Quality Internet Services of Idaho/NetClassic Communications will make available to law-enforcement agencies any user account information as required by law or if it is necessary to protect NetBoise Quality Internet Services of Idaho/NetClassic Communication’s equipment, staff, or other users from service interruption or shutdown. Third-party encryption tools such as PGP and RSA may be used if a user needs to ensure privacy of a file or e-mail message, although NetBoise Quality Internet Services of Idaho/NetClassic Communications has no affiliation with, and makes no claims about, the security of any encryption tool a user may choose. Users should be aware of proper on-line etiquette (netiquette). Guidelines may be found in many Internet-related books, magazines, on-line, and in newsgroups. A user will be held liable for any temporary or permanent damage done to NetBoise Quality Internet Services of Idaho/NetClassic Communication’s system due to the user negligence or lack of netiquette, whether intentional or accidental. This may include, but is not limited to, the release of computer viruses or worms, cracking into unauthorized areas on any system, or sending or causing the receipt of e-mail bombs by NetBoise Quality Internet Services of Idaho/NetClassic Communications system. A user engaged in any such damaging activity, as determined by NetBoise Quality Internet Services of Idaho/NetClassic Communications, may have their account suspended or cancelled, be billed for excessive bandwidth usage and employee time, and be charged for any other damage or loss caused by user actions. Most users will likely never encounter these situations, but it is important to be aware of the rules and consequences. User Responsibilities: Users are responsible for all charges associated with their account. In the event of any unauthorized access to your account, the user MUST notify NetBoise Quality Internet Services of Idaho/NetClassic Communications in writing, e-mail, or by phone; however, the user will remain responsible for all charges until NetBoise Quality Internet Services of Idaho/NetClassic Communications is notified. All accounts are for personal, nontransferable access. No more than one concurrent user session per account is permitted at any time. The user is prohibited from lending or giving their account password to others. It is the users sole responsibility to pay in full for any local, long distance, or other charges incurred to access any NetBoise Quality Internet Services of Idaho/NetClassic Communications modem access numbers or servers. The user is responsible for the set-up and configuration of the their computer hardware and software for accessing any NetBoise Quality Internet Services of Idaho/NetClassic Communications modem access numbers or servers.

The user is expressly prohibited from engaging in any illegal activity using NetBoise Quality Internet Services of Idaho/NetClassic Communications services. This includes, but is not limited to, posting or otherwise disseminating copyrighted material, libelous material, child pornography, soliciting the sale of any illegal substance, service, stolen property or any other action deemed illegal or unlawful by Federal, State, or Local laws. Charges and Billing: User is responsible for payment of all services. All accounts are set up within 24 to 48 hours, on business days upon receipt of full payment.

For those accounts paid by check/money order/cashiers check, the account will be set up automatically via the telephone – should payment not be received within 2 days from the sign-up date, the account will then automatically be disabled and the customer must be fully aware of the fact that once their account is set up on our radius server, they are obligated to cover the cost of this service to us in full for no less than $19.95 per month. Credit card; debit card payments will be processed immediately upon activation of account. Should the merchant account specify denial of agreed upon charges per user, the users account will be automatically disabled and the customer is still responsible for no less than the $19.95 per month charge for use of their information on our radius server upon initial signup. NetBoise Quality Internet Services of Idaho/NetClassic Communications accepts Visa/MasterCard, Checking account debit cards, and American Express. American Express orders are accessed a 4.0% surcharge. All accounts will be billed to the appropriate credit card as per agreed upon during initial sign-up with the customer, to the specified credit card or debit card account number, unless notified otherwise. E-mail notification is normally sent 5 days prior to the payment due date. The email notification is solely a courtesy email, and we ask that all customers just keep in mind that all payments are due by the 20th day of each month for the next month’s service. Billing reminders are sent out every month on or around the 10th, electronically through our mail server to all who have email accounts with us. There may be occasional times where routine maintenance is being done on the system, and the billing reminders may not get automatically sent out in time. All credit card payments will begin processing a minimum of 10-15 days prior to the due date, due to the time involved for processing through the Merchant account. In the event that the credit card/debit card is denied, the customer will then be notified via email. Payment is due no later than the 20th day of every month prior to the month the service will be used. If NetBoise Quality Internet Services of Idaho/NetClassic Communications does not receive payment by the 30th day of the month, the account will be terminated, and a fee of $15.00 will be accessed for those being reconnected on our server. No invoices will be sent by regular mail unless the outstanding amount on the account is more than 30 days past due.

If prompt payment is not then received, the amount due will be processed through the collection agency with which NetBoise Quality Internet Services of Idaho/NetClassic Communications holds an on-going agreement. NetBoise Quality Internet Services of Idaho/NetClassic Communications/NetClassic Communications does not recommend sending cash through the mail and takes no responsibility for the loss of user funds if attempted. Accounts are billed in a minimum of one-month increments. No refunds for unused days will be given. Service activation fees, set-up fees, non-recurring fees, marketing services, and products (including computer programming products and services) are non-refundable.

Credit cards, debit cards, and automatic checking account debiting are automatically billed based on the user specific subscription or payment arrangement. All payments not received on or before the due date will be considered late or past due and may incur late or past due fees. All late or past due amounts will be automatically charged or debited from the user credit card, debit card, or checking account depending on the information on file at NetBoise Quality Internet Services of Idaho/NetClassic Communications given to NetBoise Quality Internet Services of Idaho/NetClassic Communications by the user at the time of sign up. Late or non-payment of the user account because of non-sufficient funds may incur additional processing fees, this includes but is not limited to NSF checks, declined credit or debit card transactions, or insufficient checking account balances. All checks returned unpaid (NSF) will be assessed a $25.00 charge.

* Past Due & Cancelled Accounts *

Accounts past due 15 days or more will be disabled. Accounts past due 30 days or more may be cancelled at the discretion of NetBoise Quality Internet Services of Idaho/NetClassic Communications The user is responsible for payment on the account until it is officially cancelled, and will be charged at full base rate for the used months of service if cancellation occurs prior to account anniversary. The user must pay for the suspended account. If the user cancels the account while access is suspended, the user remains responsible for all amounts due up to the date of official cancellation. Official cancellation occurs when the account is excessively past due, which is determined by NetBoise Quality Internet Services of Idaho/NetClassic Communications, or the user contacts NetBoise Quality Internet Services of Idaho/NetClassic Communications via e-mail, conventional postal mail, or by fax to cancel the users account. If a user is requesting that an account be cancelled, identification of the user by means of the NetBoise Quality Internet Services of Idaho/NetClassic Communications account login will be required. Additional identification information may be necessary to cancel any account if deemed necessary by NetBoise Quality Internet Services of Idaho/NetClassic Communications. After an account is officially closed all files including

e-mail will be deleted from NetBoise Quality Internet Services of Idaho/NetClassic Communication’s system. The user is responsible for payment of any service activation fees due to re-activate a cancelled, suspended, or closed account. NetBoise Quality Internet Services of Idaho/NetClassic Communications does not guarantee that service or information from a cancelled, suspended, or closed account will be available to the user on or after the due date of the account. If a bank charge back is processed against our account, the account in question will be terminated immediately. Service fees do apply during any period of suspension. The user must promptly notify NetBoise Quality Internet Services of Idaho/NetClassic Communications, no later than the 15th of the month, of any changes in the users payment information, home or billing address, and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a credit card, ID, or password. Information regarding the user credit card number and/or bank account number will be used or disclosed only for the purposes of completing a banking transaction, or as required by law.

* Third Party Sales and Services *

All transactions concerning merchandise and services are solely between Seller and Buyer. This includes, but is not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery. NetBoise Quality Internet Services of Idaho/NetClassic Communications makes no warranties or representations whatsoever with regard to any goods or services provided by the Seller. NetBoise Quality Internet Services of Idaho/NetClassic Communications shall not be a party to such Seller transactions or be liable for the costs or damages arising, either directly or indirectly, from the actions or in-actions of the Seller.

*Termination of Service*

NetBoise Quality Internet Services of Idaho/NetClassic Communications may terminate this Agreement and the right to access the Internet through NetBoise Quality Internet Services of Idaho/NetClassic Communication’s computer system at any time and without cause. In addition, all cancellations must be made in writing via postal mail, or email. NetBoise Quality Internet Services of Idaho/NetClassic Communications – "Quality Internet Services of Idaho" P.O. Box 44678, Boise ID 83711-0678; billing@netboise.com. NetBoise Quality Internet Services of Idaho/NetClassic Communications must receive written notification of cancellation via the primary contact person of the account, the username, account name, and the reason for cancellation.

Upon initial signup, and establishment of service on our radius server, it is agreed upon that the customers account will be billed automatically each month until which time NetBoise Quality Internet Services of Idaho/NetClassic Communications receives written notification of request to cancel. The customer is required to make payment for the service until this cancellation notice is received in our office. If the customer has signed up for the 3 months; 6 months; 1 year

They must realize per our policy within NetClassic Communications, that they are responsible for this - their account will be automatically renewed once the time has lapsed per the last renewal date.

If no cancellation notice has been received, the account will then remain in an "active" state on our system within NetBoise Quality Internet Services of Idaho/NetClassic Communications & NetClassic Communications for an indefinite period of time. It is the customer's responsibility to notify our business/in writing, of their request to cancel. Not ours to contact them to inquire about this. If we have not received their notice in writing in our office prior to the 15th of the month, for the following months service, our system is set up to keep everyone within the radius server for authentication until we receive this "prior" notification otherwise in writing. Once cancellation is received in our office the account is immediately processed. Those who pay by credit or debit card accounts, will be terminated for further processing on our system. Once a connection is established with our service this constitutes your agreement to this disclaimer and are responsible for paying for service for a minimum of the month you have logged into our radius server. Customers have the right to cancel service at any time, however customer is subject to pay for the current month. If on a special billing package (6 or 12-month) should the customer wish to cancel, the customer needs to realize that this amount in its entirety is completely Non-Refundable. All account set up fees are Non-Refundable. We do however, take each customers situation into account per each individual request to cancel. NetBoise/NetClassic Communications reserves the right to deny a refund to each customer depending upon each individual request & situation in regards to their account with us. Regardless of the situation, there is an automatic $15.00 fee charged at the time of cancellation for the 6 & 12-month accounts.

If any amount may be refunded per the circumstances, no more than ½ of the total amount of unused service will be refunded back minus the $15.00 early cancellation fee. Service activation is determined by NetBoise Quality Internet Services of Idaho/NetClassic Communications and is based on the date that the service was ordered or activated by NetBoise Quality Internet Services of Idaho/NetClassic Communications. Account usage: Usage is limited to 200 hours per user per month. While we offer "Dedicated" service, the normal usage is not considered to be "Dedicated" unless paid for. Limitation of Liability: NetBoise Quality Internet Services of Idaho/NetClassic Communications does not warrant that the services or the information contained on the Internet meet the user requirements or that the operations of NetBoise Quality Internet Services of Idaho/NetClassic Communications will be uninterrupted or error-free, nor does NetBoise Quality Internet Services of Idaho/NetClassic Communications make any warranty as to the results to be obtained from the use of NetBoise Quality Internet Services of Idaho/NetClassic Communication’s services. User Web Content: NetBoise Quality Internet Services of Idaho/NetClassic Communications agrees to use its best efforts to ensure that a users web content appears as requested. However, NetBoise Quality Internet Services of Idaho/NetClassic Communications reserves the right to make such editing changes necessary to properly prepare the text and graphics for electronic transmission in accordance with the capabilities of the hardware and software in use, and in accordance with all applicable laws, regulations, and NetBoise Quality Internet Services of Idaho/NetClassic Communications publishing standards. Because of the nature of electronic media, NetBoise Quality Internet Services of Idaho/NetClassic Communications shall have no liability whatsoever arising out of the transmission or reception of the user web content, other than to use reasonable efforts to ensure availability during the period of this agreement. The user warrants that all material supplied by the user for inclusion is true and accurate, to the best of the user knowledge and belief, and that none of the material is defamatory. In addition, the user warrants that they own, or have a valid license to use, any copyrighted or protected material contained in web content, and the user agrees to indemnify and hold harmless NetBoise Quality Internet Services of Idaho/NetClassic Communications from any and all liability arising out of the publishing and the content of this material. NetBoise Quality Internet Services of Idaho/NetClassic Communications reserves the right to use all of its current and previously listed materials for self-promotion.

In no event shall NetBoise Quality Internet Services of Idaho/NetClassic Communications be liable in damages for more than the amount paid for the web content, nor shall it be liable for incidental, consequential or punitive damages, however denominated. Under no circumstances, including negligence, shall NetBoise Quality Internet Services of Idaho/NetClassic Communications be liable for any incidental, special, or consequential damages that result from the use of or inability to use NetBoise Quality Internet Services of Idaho/NetClassic Communication’s service; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond NetBoise Quality Internet Services of Idaho/NetClassic Communication’s reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to NetBoise Quality Internet Services of Idaho/NetClassic Communication’s records, programs, or services.

In no event shall NetBoise Quality Internet Services of Idaho/NetClassic Communication’s total liability for all damages, losses, and causes of action, whether in contract, tort, including negligence, or otherwise, exceed the aggregate dollar amount paid under this Service Agreement. Disclaimer of Warranties: The user expressly acknowledges and agrees that use of NetBoise Quality Internet Services of Idaho/NetClassic Communications services are at the user sole risk. Access is provided as is and without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. No oral advice or written information given NetBoise Quality Internet Services of Idaho/NetClassic Communications, its agents, or its employees shall create a warranty, nor shall the user rely on any such information or advice.

*Indemnity*

The user agrees to indemnify and hold harmless NetBoise Quality Internet Services of Idaho/NetClassic Communications from any claims and expenses, including reasonable attorneys fees, related to the users violation of this Service Agreement, including any information, software, or other content placed on NetBoise Quality Internet Services of Idaho/NetClassic Communications computer system or the Internet in general.

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