Use of service constitutes agreement with terms and conditions as outlined below. Any deviation must be in the form of a signed written agreement between both parties. The party known as Netvu.net is the Registered Domain Name for NewVision Computers, Inc. 

Definition - "Customer" and "Customer's" refers to a user of NewVision Computers, Inc.'s Internet Access Service. 

Service Period - Billable service begins when Customer is issued a user id and password, even if Customer does not access the Internet or electronic mail. Service continues on a month to month basis unless customer requests service termination as outlined in the "Termination" section below. 

Payment - Customer agrees to pay all charges incurred. For customers who pay by credit card or bank draft, your credit card or bank account will be charged each month for the full amount due. Other customers with approved credit will be invoiced monthly and payment shall be due within ten (10) days of invoice date. Customer will pay all sales and use taxes, as well as duties or levies, arising in connection with the Service. 

Past Due Accounts - Customers with past due balances could have service interrupted when their account becomes 30 days past due. Service could be terminated and all stored files erased if account becomes 45 days past due. If account reaches 60 days past due, it could be turned over to a collection agency or attorney for collection. 

Declined Credit Card Charges - If a credit card charge is declined for any reason, service could be interrupted immediately until the charge is accepted or the account is paid current by some other method. NewVision Computers, Inc. is under no obligation to resubmit the credit card charge after receiving notification of a declined charge. 

Returned Checks - If a check is returned unpaid, the customer account will be charged a returned check fee of $45. Service will be interrupted until the account is paid in full, including a $45 returned check fee. 

Termination - Customer may terminate service by notifying NewVision Computers, Inc.'s Customer Service department by electronic mail, telephone, or written notice. 

Rights and Obligations of Customer - Customer shall not do any of the following: 

• restrict or inhibit any other user from using and enjoying the Service and/or the Internet; 
• post or transmit any unlawful, obscene, or pornographic 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, worm, cancelbot or other harmful component; 
• use the Service for the purposes of unsolicited bulk electronic mailings (spamming); 
• copy, upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Internet which is PROTECTED BY A COPYRIGHT or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; 
• abuse or fraudulently use the Service in any way not specifically set forth above. 

Customer shall be responsible for the use and compatibility of equipment or software not provided by NewVision. In the event that Customer uses equipment or software not provided by NewVision which impairs Customer's use of the Service, Customer shall nonetheless be liable for payment for the Service. 

Rights and Obligations of NewVision Computers, Inc.; Disclaimer of Warranties - NewVision Computers, Inc. shall operate and maintain the Service. Customer may access the Internet through the Service. Customer understands that, except for certain products and services specifically identified as being offered by NewVision Computers, Inc., NewVision Computers, Inc. does not operate or control the Internet in any way, and that all merchandise, information and services offered or made available or accessible on the Internet are offered or made available or accessible by third parties not affiliated with NewVision Computers, Inc. 

CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET. NEWVISION COMPUTERS, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE INTERNET, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY CUSTOMER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTIBILITY OF ALL MERCHANDISE, PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. 

CUSTOMER UNDERSTANDS FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SOME PEOPLE. CUSTOMERS ACCESS SUCH MATERIALS AT CUSTOMER'S OWN RISK. NEWVISION COMPUTERS, INC. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. 

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, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY NEWVISION COMPUTERS, INC. OR ITS EMPLOYEES SHALL CREATE A WARRANTY. NEWVISION COMPUTERS, INC. DOES NOT WARRANT 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, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. 

UNDER NO CIRCUMSTANCES SHALL NEWVISION COMPUTERS, INC. OR ITS EMPLOYEES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER'S USE OF OR INABILITY TO USE THEIR SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR CUSTOMER'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, OR ANY FAILURE OF PERFORMANCE. 

If Customer is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of NewVision Computers, Inc. in operating the Service, Customer's sole and exclusive remedy is to terminate this Agreement in accordance with the "Termination" section above and discontinue using the Service. 

NewVision Computers, Inc. has no obligation to monitor the Service. However, Customer agrees that NewVision Computers, Inc. has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. NewVision Computers, Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. NewVision Computers, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. 

In no event shall NewVision Computers, Inc. be deemed liable or at fault for any failure to perform or any delay in the performance of its obligations hereunder if such failures or delays are due to strikes, compliance with applicable law, inclement weather, acts of God or any other factor beyond its reasonable control, foreseeable or unforeseeable.