This agreement represents the complete agreement and understanding between Intrex.Net, its affiliates and owners, and the account holder (hereinafter called User) and supersedes any other written or oral agreement. Upon notice published on-line (http://www.intrex.net/terms.asp) Intrex.Net may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify our Accounting Department at 1-919-573-5488 during normal office hours so we can terminate your account. Failure to notify Intrex.Net shall constitute your approval.

1. All individuals accessing Intrex.Net represent to Intrex.Net that they are 18 years of age or older. Certain material available on the Internet through Intrex.Net may not be suitable for individuals under the age of 18.

2. User understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to User. User will access such materials at User's own risk. Intrex.Net has no control over and accepts no responsibility whatsoever for such materials.

3. Information transmitted through Intrex.Net and through the Internet in general is not confidential. Therefore, Intrex.Net can not and will not guarantee privacy or guarantee protection of any user. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Intrex.Net. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.

4. Intrex.Net exercises no control whatsoever over the content of the information passing through it. Use of any information obtained via Intrex.Net is at User's own risk. Neither Intrex.Net nor any of its licensors, employees, or agents warrants that the service will be uninterrupted or error free; nor does Intrex.Net or its licensors, employees, or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either expressed or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither Intrex.Net nor anyone else involved in creating, producing, or delivering the service shall be liable for any indirect, incidental, special, or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Intrex.Net, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

5. User agrees to indemnify and hold without harm Intrex.Net, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.

6. Intrex.Net Internet connections and all other services provided to User by Intrex.Net may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any U.S. or state regulation or law is prohibited. This includes but is not limited to copyrighted material legally judged to be threatening or obscene, or material(s) protected by trade secret. User agrees to indemnify and hold harmless Intrex.Net from any claims resulting from your use of the service which damages you or another party. Intrex.Net reserves the right to refuse and delete at any time the content of any Web pages hosted on Intrex.Net servers if the content of such Web pages contains threatening, obscene or offensive material.

7. The right to use Intrex.Net is not transferable. Accounts are for Users's use only! User is responsible for the confidentiality of User's passwords. Loaning the account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.

8. Intrex.Net's services should not be used to send unsolicited advertising or promotional materials to other network users. E-mail "spamming" using an Intrex.Net account will result in a $50 administrative fee as well as any additional costs incurred by Intrex.Net as a result of the "spamming" activity. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Intrex.Net DOES NOT ALLOW users to run Mail list, Listserver or any form of auto-responder from a user's shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and Intrex.Net will not be tolerated. When Intrex.Net becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Intrex.Net may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Intrex.Net following payment of a reconnection charge.

9. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.

10. Dial-up accounts are not intended to provide a continuous dedicated link. Such use is prohibited. If the User is subscribed to one of Intrex.Net's unlimited dial-up plans, the User acknowledges that Intrex.Net dial-up services are intended for periodic, active use of e-mail, user newsgroups, file transfers via FTP, Internet Chat, Internet games, and browsing the world wide web. User agrees not to provide any public information services over his/her connection to the Internet (such as running a web, e-mail or gaming server). Line camping and idle connections are not permitted. Intrex reserves the right to disconnect a dial-up account after 20 minutes of inactivity. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Such means include, but are not limited to, pinging, electronic or software autodialer features, or repeatedly checking for e-mail by autolog-in to the mail server. In addition, sessions on dial-up accounts which exceed a reasonable time may be terminated in order to protect network resources and preserve service availability for other users. In the event Intrex.Net determines that an account is violating the above policies, the User will generally be notified by e-mail. If the excess of non-permitted use continues after such notification, the User may be requested to modify the activity creating the excess use, or to upgrade his/her account to a Dedicated account which allows for 24 hour per day and/or 7 day per week connectivity, or the account may be terminated.

ISDN dial-up accounts are limited to 240 hours of usage per month.

11. PAYMENT TERMS:

• User is responsible for any and all fixed and accumulative charges for this account. The first month service fee (or other available billing methods selected) is due upon account setup. Each month (or other billing period selected), on the first of the month, the account will be charged the monthly access and any other fees for the new month plus any accumulated charges for the past month. Failure to use this account does not relieve the user of payment obligations.

• If User is a Credit Card customer, User agrees to allow Intrex.Net to bill such card on each successive billing date without obtaining User's permission after the initial charge. User shall notify Intrex.Net of any changes in Credit Card Number or expiration date. If the card is not honored for any reason Intrex.Net will attempt to charge the card for three (3) days. If the card is still not honored on the third day the User's account will be suspended for seven (7) days pending payment. If no payment has been received within seven (7) days of suspending the account, the account will be terminated. Re-establishment of the account will be either subject to a re-connection fee, or the User agrees to pay for the service as if service was continuously available.

• If User is enrolled in the automatic bank draft plan, User agrees to allow Intrex.Net to initiate paper or electronic drafts from User's bank checking account for fees owed to Intrex.Net on each successive billing date without obtaining User's permission after the initial charge. User shall notify Intrex.Net of any changes to User's checking account. Intrex.Net will collect a returned item fee of $20.00 for all returned checks. If a bank draft is returned, Intrex.Net reserves the right to suspend User's account until sufficient payment has been made. If no payment has been received within seven (7) days of suspending the account, the account will be terminated. Re-establishment of the account will be either subject to a re-connection fee, or the User agrees to pay for the service as if service was continuously available. Cancellation of User's Intrex Internet Account does not release User from User's obligation to pay any service related fees owed to Intrex.Net. User must notify Intrex.Net in writing to cancel automatic drafting of User's checking account. A signed cancellation notice must be received by Intrex.Net via fax or mail no later than fifteen (15) days prior to the next draft. Intrex.Net reserves the right to terminate User's enrollment and participation in the automatic bank draft service at any time without prior notice.

• Payment by check is accepted for pre-paid accounts (12-month or 24-month terms). However, User's internet account will not be activated until check is received. For account renewals, payment is due by the date of expiration. Notification of expiration will be e-mailed one (1) month prior to the account's expiration. If payment is not received within three (3) days after expiration, the account will be suspended. If payment is not received within seven (7) days of suspending the account, the account will be terminated.

• Invoicing is available, subject to minimum monthly balances and credit approval. Net account due dates are indicated on User's invoice. Net accounts (not credit card) are invoiced monthly. Dishonored checks are subject to a collection fee and User's account may be suspended until the account is current. If payment is not received within 10 days of the due date, service will be suspended for a period of seven (7) days pending receipt of payment. If payment is not received within the seven-day period, the service will be terminated. A re-connection fee of $100.00 will be added to charges for further services.

• Intrex.Net has the right to instantly terminate service for any unpaid or partial paid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of service shall not relieve the User from the obligation to satisfy outstanding invoices. In the event Intrex.Net utilizes an attorney to collect such sums, the User shall be responsible for the payment of all of Intrex.Net attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the User's relationship with Intrex.Net shall be in Wake county, in the state of North Carolina.

• Intrex.Net reserves the right to cancel service for any reason without prior notice.

• The User must notify Intrex.Net in writing to cancel service. Notification must be sent by email to cancel@intrex.net, by fax to (919) 573-5489, or by mail to Intrex.Net, 3601 Bastion Lane, Suite B, Raleigh, NC 27604. Cancellation by phone is not accepted. Monthly Dialup account cancellations will be effective the day the written notification is received, unless otherwise noted by User. Monthly pre-paid fees are non-refundable, unless User is unsuccessful in using the account and notifies Intrex.Net within five (5) days of establishing said service.

• 12-Month Dialup accounts can be cancelled at any time. User will be refunded the pre-paid fee minus a $15.00 early cancellation fee, and minus the number of months used billed at the regular monthly rate.

• 24-Month Dialup accounts can be cancelled within the first 30 days of service activation. User will be refunded the pre-paid fee minus the first month fee billed at the regular monthly rate. No refunds will be issued after 30 days of service activation.

• Promotional pre-paid accounts are non-refundable unless otherwise noted or unless User is unsuccessful in using the account and notifies Intrex.Net within five (5) days of establishing said service.

• Dedicated accounts, Web accounts, DSL accounts, Co-location accounts, and any other non-dialup accounts must notify Intrex.Net in writing to cancel service. A signed letter must be faxed to (919) 573-5489 or mailed to Intrex.Net, 3601 Bastion Lane, Suite B, Raleigh, NC 27604. Cancellation by e-mail or phone is not accepted. Cancellation will be effective 30 days after receipt of cancellation notice.

• Intrex.Net offers discounts for prepayment of services on an annual basis. Discount programs are not retroactive and will be applied on the next billing cycle. All discount programs are subject to change.

• In addition to any price for services, User shall be responsible for the gross amount of any present or future federal, state, municipal or other government sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any services furnished hereunder or to their use by User.

12. The User is responsible for determining whether an Intrex.Net phone number is within his/her local calling area. The User is responsible for any long distance charges incurred in connecting to Intrex.Net.

13. The law that applies to these Terms and Conditions is the law of the state of North Carolina. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of Intrex.Net shall continue in force even in the event of termination of these Terms and Conditions on other grounds. Intrex.Net's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.

14. By the use of an Intrex.Net account the User accepts the terms and conditions set forth in this agreement.

15. These Terms and Conditions were last changed November 14th, 2003.

Printer Friendly Version