This is a legally binding agreement between MESA Partners,
L.L.C., d.b.a. NetEase Internet Access Service
("NetEase") and you the Internet access account subscriber
("User") for use of the NetEase on-line gateway and Internet
access service (the "Service"). By signing the Internet
access account application or by completing the sign-up
process electronically, User signifies that User agrees with
the terms and conditions set forth in this agreement. Upon
notice published over the Service or otherwise provided to
User, NetEase may modify this Agreement or prices for the
Service, and may discontinue or revise any or all other
aspects of the Service without prior notice at its sole
discretion. This agreement and User's use of the service
may be terminated by either User or NetEase at any time
upon written notice to the other, or by NetEase at any time
with or without notice for User's non-payment or other
default. The terms and conditions given in paragraphs 3
through 5, including all obligations and restrictions, will
survive the termination of this agreement.
1. The Service consists of NetEase providing User access to
the Internet via the NetEase on-line gateway. The account
may also allow access to other services and/or information
offered by NetEase and/or other service providers. Some
services may have additional requirements, user agreements,
and charges which may be billed separately. The charges for
the Service are provided in User's registration packet or in
electronic form on the Service. Rates are subject to change
and will be provided to the User upon request. This
agreement will take effect when the Service application
(whether written or electronic) is completed by User and
accepted by NetEase. User must be 18 years old or older to
subscribe to the Service.
2. NetEase shall bill User monthly for User's use of the
Service and for any other applicable taxes, charges or fees.
The standard monthly charge, according to NetEase's
published rate schedule, shall be billed on the first of every
month. Any additional services purchased
by User and not billed in advance (including usage of the
Service in excess of any applicable pre-defined limit) shall be
billed on User's next monthly statement. Credit card
customers will not receive an invoice. Billing of credit card
will serve as notice of amount billed. Customers billed via
statement will receive their invoice in writing or
electronically at NetEase's discretion. If User has elected to
pay by credit card and NetEase is unable to obtain
authorization to process charges due on said credit card, or
if User has elected to pay by check and payment is not
received within thirty (30) days of the statement date, then
NetEase may suspend or terminate User's access to the
Service, and additional charges may apply if User desires to
have his or her access to the Service re-established. NetEase
will not forward further evidence of monthly bill to User
except upon User's request. Additional charges may apply
to special requests for research and delivery of billing and/or
other account information. If and when service is terminated
by User or by NetEase, User may be due a pro-rata refund of
any sums paid in advance for services not yet rendered.
User and NetEase agree that should any refund due to User
be less one month of service, no refund shall be remitted.
3. Limitation of Warranties and Liability; Disclaimer of
Warranties. USER EXPRESSLY AGREES THAT USE OF
THE SERVICE IS AT USERS SOLE RISK. NEITHER
NETEASE NOR ANY OF ITS UNDERLYING SERVICE
PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS
WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES NETEASE
OR ANY OF ITS UNDERLYING SERVICE PROVIDERS,
INFORMATION PROVIDERS, LICENSORS, EMPLOYEES,
OR AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE
SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS",
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OR
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE, OTHER THAN THOSE WARRANTIES (IF
ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION. RESTRICTION, OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS SERVICE
AGREEMENT, ALL SUCH WARRANTIES BEING
EXPRESSLY DISCLAIMED. NEITHER NETEASE, NOR
ANY OF ITS UNDERLYING SERVICE PROVIDERS,
INFORMATION PROVIDERS, LICENSORS, EMPLOYEES,
OR AGENTS SHALL HAVE ANY LIABILITY FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL
DAMAGES SUFFERED BY USER OR ANY OTHER PARTY
AS A RESULT OF THE OPERATION OR MALFUNCTION
OF THE SERVICE, REGARDLESS OF WHETHER OR NOT
SUCH PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. USER EXPRESSLY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL ALSO APPLY TO ALL CONTENT OR
OTHER SERVICES AVAILABLE THROUGH THE SERVICE.
USER AGREES THAT USER WILL NOT IN ANY WAY
HOLD NETEASE RESPONSIBLE FOR ANY SELECTION OR
RETENTION OF, OR THE ACTS OR OMISSIONS OF,
THIRD PARTIES IN CONNECTION WITH THE SERVICE
(INCLUDING THOSE WITH WHOM NETEASE MAY
CONTRACT TO OPERATE VARIOUS AREAS OF THE
SERVICE).
4. Service (including delivery of electronic mail) is not
guaranteed to be uninterrupted or without error. NetEase
does not guarantee the results of the use of the Service.
User agrees to use the Service and any additional services
(including technical support, instruction, and content)
provided by NetEase or its affiliates, at User's sole risk.
NetEase may remedy any failure of Service by using
industry established reasonable efforts to effect a solution
to the failure. In the event that service is interrupted other
than by a willful act of the User and the duration of service
outage exceeds 24 hours after being reported by User, a
credit will be made to User's account, pro-rated per day (24
hour period) of service outage. The lack of available
communication lines to connect to the Service is not
considered an interruption of service. A malfunction of the
User's hardware or software is also not considered an
interruption of service. Service outage resulting from a
disruption of User's electricity, telephone service, similar
facilities, or "acts of God" shall not be considered an
interruption of service.
5. If any portion of this agreement is deemed to be
unenforceable, invalid, or illegal in any respect, the validity,
legality and enforceability of the remaining provisions
contained herein shall not in any way be affected or
impaired. If the remedies set forth in this agreement fail for
any reason, User agrees that NetEase's total liability, in the
aggregate, will in no event exceed the total amount paid by
User for use of the Service under this agreement, during the
12 month period preceding the date such claim first arose.
By accepting this agreement User also indemnifies and
holds harmless NetEase and its employees from and against
any and all claims arising from the use of this Service
including but not limited to the violation of applicable law.
6. The services User purchases from NetEase shall be used
by User, and User alone. User may not resell services. User
may use one account from more than one location, or permit
family members to use User's account (at User's own risk).
However, User shall not permit more than one simultaneous
connection to be established using User's account at any
one time. NetEase will not censor anything that comes from
or to the Internet through its services. Some material may be
offensive to some people. User should use their own
judgment when using the Internet. If minors are permitted to
access the Internet through User's account, User agrees to
accept sole responsibility for controlling content to which
said minor(s) might be exposed. NetEase advises direct
parental supervision.
7. NetEase may or may not provide software for use with the
Service. NetEase does not guarantee that software (if
provided) will be compatible or function with the User's
hardware. By accepting this agreement, User also agrees to
be bound by any agreements that accompany software
distributed by NetEase.
8. User may choose any "user-name." NetEase reserves the
right to refuse, change, or deny the use of any "user-name"
for any reason. Although User may use an alias as a
"user-name", User must use User's full legal name (or
company name) for NetEase recording and billing purposes.
9. This Agreement shall be construed in accordance with
and governed by the laws of the State of Tennessee.