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Privacy Policy | Acceptable
Use Policy
Neato™ Internet Service Agreement
Read This Internet Service Agreement Carefully Before Using
Our Internet Services.
Introduction
Neato, Inc. ("Neato") provides its Internet services,
as they may exist from time to time ("Services"), to
users who pay a service fee to subscribe to the Services ("Members")
as well as to those who access some of our Services but do not
have accounts ("Visitors"). By establishing an account
or using the Services, you agree to be bound by this Agreement
and to use the Services in compliance with this Agreement, our
Acceptable Use Policy and other policies.
If you do not agree to the terms and conditions of this Agreement,
including any future revisions, you may not use the Services
and if you are a current Member, you must terminate your use
of the Services under Section 10.
Subscription requirements.
Members must be at least 18 years
old. Local access dial-up numbers may not be available in all
areas. You are solely responsible for determining if use of a
particular dial-up number will cause you to incur long-distance,
toll, or other charges. Neato is not responsible for any long-distance,
toll or other telecommunications charges you incur. Toll-free
(800 #), international, and simultaneous login access costs are
extra. Current prices for Neato's Services are posted throughout
our website at http://www.Neato.net. These rates may also be
obtained by calling (903) 784-1582. Neato reserves the right
to change prices and institute new fees at any time upon 30 days
prior notice.
Payment obligations of a member.
Members must (i) provide Neato
with accurate and complete billing information including legal
name, address, telephone number, and credit card/checking account/billing
information, and (ii) report to Neato all changes to this information
within thirty (30) days of the change. Members are responsible
for any charges to their account.
Members having questions regarding charges to an account, should
contact Neato's Customer Service Department at (903) 784-1582.
All charges are considered valid unless disputed in writing within
sixty (60) days of the billing date. Adjustments will not be
made for charges that are more than 60 days old.
Charges are billed to Members' credit cards, debit cards or
checking accounts, as applicable, each month for the basic service
and any additional usage or services. Neato is not responsible
for any charges or expenses (e.g for overdrawn accounts, exceeding
credit card limits, etc.) resulting from charges billed by Neato.
If paying by check, payments must be received before the start
of the next service interval.
Delinquent accounts may be suspended or canceled at Neato's
sole discretion; however, charges will continue to accrue until
the account is canceled. Neato may bill an additional charge
to reinstate a suspended account.
Member's account, password, and security.
Upon registration,
Members receive a username, password, and account designation.
You and members of your household or business, if you have purchased
a business account, are the only authorized users of your Neato
account and must comply with this Agreement. You must keep your
password confidential so that no one else may access the Services
through your account. You must notify Neato immediately upon
discovering any unauthorized use of your account.
Members agree not to use any automatic method to avoid inactivity
disconnect or to otherwise maintain a connection unless actively
using it. Members agree not to provide any public information
services over a dial-up connection.
Neato may change its POP numbers at any time. Neato reserves
the right to direct Members to use certain numbers to access
the Service or to restrict use of specific access numbers. Usernames,
passwords and email addresses are Neato's property and Neato
may alter or replace them at any time.
Monitoring the services
Neato has no obligation to monitor the
Services, but may do so and disclose information regarding use
of the Services for any reason if Neato, in its sole discretion,
believes that it is reasonable to do so, including to: satisfy
laws, regulations, or governmental or legal requests; operate
the Services properly; or protect itself and its Members. Please
see our Privacy Policy. Neato may immediately remove your material
or information from Neato's servers, in whole or in part, which
Neato, in its sole and absolute discretion, determines to infringe
another's property rights or to violate our Acceptable Use Policy.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED
AS BEING OFFERED BY Neato, Neato DOES NOT CONTROL ANY MATERIALS,
INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET
CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. Neato HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY
AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY
RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED
THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Neato DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Neato MAKES NO EXPRESS WARRANTIES AND WAIVES
ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR
SERVICE PROVIDED THROUGH Neato OR THE INTERNET GENERALLY. NO
ADVICE OR INFORMATION GIVEN BY Neato OR ITS REPRESENTATIVES SHALL
CREATE A WARRANTY. Neato AND ITS EMPLOYEES ARE NOT LIABLE FOR
ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR
USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL,
EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
IN ANY EVENT, Neato'S CUMULATIVE LIABILITY TO ANY MEMBER FOR
ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL
NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE
YEAR PERIOD.
Software license
Neato grants to each Member a limited, nonexclusive,
nontransferable and nonassignable license to install and use
the Neato access software (including software from third-party
vendors that Neato distributes; in object code format), its associated
documentation, and any updates thereto ("Licensed Programs")
in order to access and utilize the Services. Each Member agrees
to use the Licensed Programs solely in conjunction with the Services
and for no other purpose. Neato may modify the Licensed Programs
at any time, for any reason, and without providing notice of
such modification to a Member.
The Licensed Programs constitute confidential and proprietary
information of Neato and Neato's licensors and embody trade secrets
and intellectual property protected under United States copyright
laws, other laws, and international treaty provisions. All right,
title, and interest in and to the Licensed Program, including
associated intellectual property rights, are and shall remain
with Neato and Neato's licensors. Member shall not translate,
decompile, reverse engineer, distribute, remarket, or otherwise
dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export
the Licensed Programs or any underlying information or technology
except in full compliance with all United States and other applicable
laws and regulations. By installing or downloading the Software,
you represent and warrant that you are not located in, under
the control of or a national or resident of any country on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders.
Web site usage
Our site on the World Wide Web with its home pages
in the domain "Neato",
or any other site operated by Neato (the "Web site")
is a complimentary information service offered by Neato at no
charge to users.
We may provide links on the Web site to other Web sites which
are not under our control. In general, any Web site which has
an address (or URL) which does not contain "Neato",
is such a Web site. These links are provided for convenience
only and are not intended as an endorsement by Neato of the organization
or individual operating the Web site or a warranty of any type
regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another
Web site, provided that: (a) the link must be clearly marked "Neato",
(b) the link must "point" to the URL "http://www.Neato.net" and
not to any other pages within the Web site, (c) the appearance,
position and other aspects of the link may not be such as to
damage or dilute the goodwill associated with our name and trademark(s),
(d) the appearance, position and other aspects of the link may
not create the false appearance that an entity is associated
with or sponsored by Neato , (e) the link, when activated by
a user, must display this Web site full-screen and not within
a "frame" on the linked Web site, and (f) Neato may,
in its sole discretion, revoke consent to link to our website
at any time. All other hypertext links to the Web site must be
approved in writing by Neato.
Term of agreement
Continued use of the Services constitutes acceptance
of this Agreement and any future versions. If you are dissatisfied
with the Services or any related terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to
discontinue using the Services and, if you are a Member, to terminate
your account.
Termination
You may terminate your account at any time and for
any reason by providing notice of intent to terminate to Neato
by: registered or certified mail, return receipt requested addressed
to 1651 Clarksville St, Paris, TX 75460; or telephone calls directed
to Customer Service at (903) 784-1582.
Email termination of your basic Internet access account will
not be accepted. To terminate DSL or Web Hosting and/or Business
Services, you must call (903) 784-1582. Your termination will
only be complete upon your receipt of a cancellation confirmation
number from Neato. Charges to your account will stop accruing
the day Neato provides you with a cancellation confirmation.
Based on your billing cycle, charges accrued prior to your termination
may apply after you receive a cancellation confirmation. Email
cancellation requests will not be accepted. If your account included
space on Neato's servers, anything stored on this space will
be deleted upon termination.
Without prior notice, Neato may terminate this Agreement, your
password, your account, or your use of the Services, for any
reason, including, without limitation, if Neato, in its sole
discretion, believes you have violated this Agreement, our Acceptable
Use Policy, or any of the applicable user policies, or if you
fail to pay any charges when due. Neato may provide termination
notice to you by: email addressed to your email account or by
US Mail or courier service to the address you provided for the
Services. All notices to you shall be deemed effective on the
first (1st) calendar day following the date of electronic mailing
or on the fourth (4th) calendar day following the date of first-class
mailing or deposit with a commercial courier service.
Sections 3, 4, 6, and 11 of this Agreement shall survive termination
of this Agreement.
Miscellaneous
This Agreement, the Acceptable Use Policy, the
Privacy Policy, and Neato's other user policies posted on Neato's
Web site constitute the entire agreement between you and Neato
with respect to your use of the Services.
Neato may revise, amend, or modify this Agreement, the Acceptable
Use Policy and any other user policies and agreements, at any
time and in any manner. Notice of any revision, amendment, or
modification will be posted on Neato's Web site (http://www.Neato.net)
and/or on Member's start pages and/or by email and/or in our
various publications and mailings to Members.
Privacy Policy | Acceptable Use Policy
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