Terms of Service
NetMaxCo, LLC dba Internet Headquarters USA, agrees to provide you (“User”) with those services (“Service”) set forth on the Application subject to User’s compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Internet Headquarters USA exercises no control whatsoever over the content of the information passing through NetMaxCo, LLC dba Internet Headquarters USA system. Use of any information obtained via NetMaxCo, LLC dba Internet Headquarters USA is at User’s risk. Neither NetMaxCo, LLC dba Internet Headquarters USA nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does NetMaxCo, LLC dba Internet Headquarters USA make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY NetMaxCo, LLC dba Internet Headquarters USA, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NetMaxCo, LLC dba Internet Headquarters USA NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NetMaxCo, LLC dba Internet Headquarters USA , ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER’S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER’S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT NetMaxCo, LLC dba Internet Headquarters USA IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, NetMaxCo, LLC dba Internet Headquarters USA LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER’S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of NetMaxCo, LLC dba Internet Headquarters USA in operating the Service, User’s sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold NetMaxCo, LLC dba Internet Headquarters USA , its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney’s fees and cost of litigation) incurred or suffered by NetMaxCo, LLC dba Internet Headquarters USA , its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User’s account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify NetMaxCo, LLC. in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and NetMaxCo, LLC dba Internet Headquarters USA shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
User represents to NetMaxCo, LLC dba Internet Headquarters USA that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. NetMaxCo, LLC dba Internet Headquarters USA has no control over and accepts no responsibility whatsoever for such materials.
User may not:
- restrict or inhibit any other user from using and enjoying the Internet;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
- post or transmit any information or software which contains a virus, cancel bots, Trojan Horse, worm or other harmful component;
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
- upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
- send unsolicited advertising or promotional materials to other network users (See section titled “MESSAGING “);
- allow users to run Mail list, Listserv or any form of auto-responds from User’s account;
- run or activate processes while User is not logged in;
- 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 or illegal activity;
- attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User’s connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled “LIMITATIONS OF DIAL-UP SERVICES “); or violate any of the rules, regulations and policies of those networks and computer systems accessed via User’s account.
NetMaxCo, LLC dba Internet Headquarters USA has no obligation to monitor the Service. However, User agrees NetMaxCo, LLC dba Internet Headquarters USA has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. NetMaxCo, LLC dba Internet Headquarters USA will not intentionally monitor or disclose any private E-mail message unless required by law. NetMaxCo, LLC dba Internet Headquarters USA reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. NetMaxCo, LLC dba Internet Headquarters USA reserves the right to suspend access to the Service for User’s account. The account’s suspension may be rescinded within the sole and absolute discretion of NetMaxCo, LLC dba Internet Headquarters USA following payment of a reconnection charge, to be determined by NetMaxCo, LLC dba Internet Headquarters USA in its sole and absolute discretion.
User agrees to limit their use of the NetMaxCo, LLC dba Internet Headquarters USA service, specifically regarding the use of NetMaxCo, LLC dba Internet Headquarters USA electronic (email) services, to the following restrictions:
User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit. Mass unsolicited commercial email (“Spam”) sent using a NetMaxCo, LLC dba Internet Headquarters USA connection constitutes illegal use per US Code Title 47, Sec.227(b)(1)(C).
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
User agrees that the purposeful distribution of any email message where the return address, originator’s address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the NetMaxCo, LLC dba Internet Headquarters USA service.
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.
Limitation and Terms of 3g/4g Services
Actual performance may vary, and no minimum speed is guaranteed. NetMaxCo, LLC dba Internet Headquarters USA service may not be available when roaming and is not currently available in certain portions of select market areas within upstream Carrier Networks.
NetMaxCo, LLC dba Internet Headquarters USA reserves the right to limit, suspend or constrain any heavy, continuous data usage that is adversely impacting the performance of the upstream Carrier’s Networks, or hindering access to the upstream Carrier’s Networks. This service is provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or online gaming. Unless otherwise stated, NetMaxCo, LLC dba Internet Headquarters USA reserves the right to limit throughput speeds or the amount of data transferred, and deny, terminate, disconnect or suspend data Service, for Customers Network Access. NetMaxCo, LLC dba Internet Headquarters USA reserves the right to deny, terminate, disconnect, modify or suspend data Service if a NetMaxCo, LLC dba Internet Headquarters USA Data device engages in the following prohibited uses: server devices or host computer applications, including, but not limited to, disproportionate Web camera posts or broadcast, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications, FTP (file transfer protocol sites), broadcast to multiple servers or recipients such that they could enable “bots” or similar routines, like a public WiFi or broadcast to multi-dwelling units or any other extraordinary circumstance. Other Business Plan options for these types of Applications are available by contacting NetMaxCo, LLC dba Internet Headquarters USA directly. Upon the end of the term or termination of service, User agrees to return the NetMaxCo, LLC dba Internet Headquarters USA provided equipment at User’s sole expense within 30 days or will incur $399 equipment charges. The 3G/4G equipment at User’s site is managed by NetMaxCo, LLC dba Internet Headquarters USA. Unless specified in User’s contract, this equipment is used to terminate the line and provide IP routing. The user is responsible for obtaining additional networking hardware and software such as network cards (NIC), networking cable, firewalls, proxies, etc. to perform additional IP networking such as firewalling, IP masking, network connectivity, etc. User is responsible for configuring all Local Area Networking at User’s site and integration with the 3G/4G equipment. Limitation and Terms of Dial-Up Services
Although NetMaxCo, LLC dba Internet Headquarters USA advertises “Unlimited Access” regarding some of its services, there are several limitations applied. The sole purpose of these limitations is intended to limit the amount of unnecessary use of NetMaxCo, LLC dba Internet Headquarters USA services by any such User, which restricts overall CYBERONIC INTERNET COMMUNICATIONS, INC system availability for other such Users. These limitations apply only to Dial-Up access services offered by NetMaxCo, LLC dba Internet Headquarters USA.
User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User’s modem and the NetMaxCo, LLC dba Internet Headquarters USA service. This does not apply to Cellular Service.
Maximum Single Session
User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session. This does not apply to Cellular Service.
Minimum Re-Connect Limit
User understands they cannot log back onto the NetMaxCo, LLC dba Internet Headquarters USA system for a time of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session’s termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.
Local Calling Area
User is responsible for verifying access number provided by the NetMaxCo, LLC dba Internet Headquarters USA are local to user’s local calling area. Users are responsible for all toll charges from local and long-distance telephone companies. Phone services only.
The right to use the Service is not transferable. Accounts are for User’s use only. User shall be responsible for the confidentiality of User’s password. Loaning User’s account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under the civil and criminal law.
User agrees to remain signed into the network only when making use of same and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees not to remain connected to NetMaxCo, LLC dba Internet Headquarters USA system for periods exceeding (8) eight hours, in any single continuous session. User authorizes NetMaxCo, LLC dba Internet Headquarters USA to enforce these restrictions by appropriate software and network measures, automated and manual. This does not apply to Cellular Service.
Terms of Payment
User shall be responsible for any fixed and accumulative charges for User’s account. The first-month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected) on the date of the application, User’s account shall be charged the monthly access and any other fees for the new month plus any accumulated charges for prior months. Failure to use this account(s) does not relieve User of payment obligations.
A credit card User agrees to allow NetMaxCo, LLC dba Internet Headquarters USA to bill his or her card on each successive billing date without obtaining User’s permission after the initial charge. A credit card User shall notify NetMaxCo, LLC dba Internet Headquarters USA of any changes in credit card number or expiration date. If the card is not honored for any reason, NetMaxCo, LLC dba Internet Headquarters USA will attempt to notify the card holder by using the telephone information given at sign-up and by E-mail. NetMaxCo, LLC dba Internet Headquarters USA will call the cardholder, and if alternative billing has not been established within five (5) days, the account will be terminated. Account reactivation is contingent upon full payment of past due amount as well as one-time reactivation fee.
If payment is by check, payment due dates are indicated on User’s invoice. Dishonored checks are subject to a collection fee to be determined by
NetMaxCo, LLC dba Internet Headquarters USA in its sole and absolute discretion. If payment is not received within five (5) days of the due date, service will be terminated.
NetMaxCo, LLC dba Internet Headquarters USA maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance and a minimum of $99 restoration fee per circuit depending on the circuit. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event NetMaxCo, LLC dba Internet Headquarters USA utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all NetMaxCo, LLC dba Internet Headquarters USA attorneys’ fees and costs in the collection of these sums.
Sales & Use Taxes, Federal Universal Service Fee (FUSF) & Other Fees & Taxes. Prices and fees do not include sales, use, value added, excise, utility or other State or Federal taxes, or FUSF, 911, or other telecommunications service or handling charges. NetMaxCo, LLC dba Internet Headquarters USA will bill (and Client shall pay) these amounts monthly based on gross Services provided. Third party providers of underlying telecommunications networks and services assess charges such as FUSF on NetMaxCo, LLC dba Internet Headquarters USA on a bulk basis, not a circuit-by-circuit or Service basis, and NetMaxCo, LLC dba Internet Headquarters USA prorates them based on the gross Services ordered.
NetMaxCo, LLC dba Internet Headquarters USA reserves the right to change prices at any time without prior notice to its customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.
Right to Cancel
NetMaxCo, LLC dba Internet Headquarters USA reserves the right to cancel Service for any reason without prior notice.
Cancellations must be requested via telephone or by using the online RMA service, during regular business hours (9:00 am to 5 pm EST), thirty (30) days cancellation notice is required, and in return, a cancellation number will be issued from NetMaxCo, LLC dba Internet Headquarters USA. Please keep the cancellation confirmation number for your record. Pre-paid accounts who cancel before their contract term is completed are subject to termination fees specified in their contract. NetMaxCo, LLC dba Internet Headquarters USA will not refund shipping & handling fees or any one-time start-up fee. Cancellations after the first of the month will be charged for that month.
User must notify NetMaxCo, LLC dba Internet Headquarters USA via telephone or in writing to cancel Service. Cancellations submitted to NetMaxCo, LLC dba Internet Headquarters USA via electronic mail shall not be honored. Fees for any setup, shipping and handling, and the first month’s Service are not refundable. User is responsible for any termination fees and equipment charges as specified in the section titled “LIMITATIONS AND TERMS OF DSL SERVICES “and user’s contract.
No Confidentiality Information transmitted through NetMaxCo, LLC dba Internet Headquarters USA and through the Internet, in general, is not confidential. NetMaxCo, LLC dba Internet Headquarters USA cannot and shall not guarantee privacy or protection of any User. NetMaxCo, LLC dba Internet Headquarters USA reserves the right to monitor any User’s transmissions when deemed necessary for providing proper service and to protect the rights and property of NetMaxCo, LLC dba Internet Headquarters USA.
User must give NetMaxCo, LLC dba Internet Headquarters USA 30-day notice of cancelation of service. This must be done through the RMA service.
We will not share your information with anybody or entity unless required by law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information, and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User’s account and credit card or another payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes, surcharges, universal service fees and other mandated charges relating to purchases on the Service.
No System Backup
NetMaxCo, LLC dba Internet Headquarters USA does not and will not perform system backups on any User’s E-mail account(s). NetMaxCo, LLC dba Internet Headquarters USA shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, NetMaxCo, LLC dba Internet Headquarters USA will not provide historical data, to any party for any reason, regarding any system or Internet activity.
NetMaxCo, LLC dba Internet Headquarters USA does not and will not perform system backups on any User’s personal web site account(s). NetMaxCo, LLC dba Internet Headquarters USA shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, NetMaxCo, LLC dba Internet Headquarters USA will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply with Terms and Conditions
NetMaxCo, LLC dba Internet Headquarters USA may deny User access to all or part of the Service without notice if User engages in any conduct or activities that
NetMaxCo, LLC dba Internet Headquarters USA in its sole discretion believes violates any of the terms and conditions in this Agreement. If NetMaxCo, LLC dba Internet Headquarters USA denies User access to the Service because of such a violation, User shall have not right (1) to access through NetMaxCo, LLC dba Internet Headquarters USA any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through NetMaxCo, LLC dba Internet Headquarters USA , and NetMaxCo, LLC dba Internet Headquarters USA shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
User agrees to notify
NetMaxCo, LLC dba Internet Headquarters USA if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to NetMaxCo, LLC dba Internet Headquarters USA In the event that any portion of this Agreement 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.
NetMaxCo, LLC dba Internet Headquarters USA failure to insist upon or enforce strict performance of any provisions of this Agreement 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 this Agreement.
NetMaxCo, LLC dba Internet Headquarters USA may modify this Agreement from time to time by placing an updated Agreement at https://www.RuralInternetHq.com/terms-of-service/, and User’s continued use of the Service following such modification to the Agreement shall be deemed to be User’s acceptance of any such modification. It is User’s responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
NetMaxCo, LLC dba Internet Headquarters USA shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of NetMaxCo, LLC dba Internet Headquarters USA .
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without reference to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) shall not apply. User and NetMaxCo, LLC dba Internet Headquarters USA both hereby irrevocably agree that any suit brought by either Party arising out of or relating to this Agreement shall be brought exclusively in the Kentucky Superior Court, Frankfort County, and User and NetMaxCo, LLC dba Internet Headquarters USA both hereby submit to the personal jurisdiction of such court. The Parties both hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which either Party may raise now, or hereafter have, to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum. THE PARTIES HEREBY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY A PARTY AGAINST THE OTHER PARTY RELATING TO THIS AGREEMENT. In the event an action is brought or an attorney is retained by either Party to enforce the terms of this Agreement or to collect any moneys due hereunder, the prevailing Party will be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorney’s fees, court costs, reasonable costs of investigation and other related expenses incurred in connection therewith. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
This Agreement constitutes the entire agreement between User and NetMaxCo, LLC dba Internet Headquarters USA with respect to the Service.