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Account Service Agreement

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 unless they have requested one. Billing of credit card will serve as notice of amount billed in the event such request has not been made. 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.

2a. NetEase utilizes online payment systems which permit customers to pay online using acceptable credit or debit cards. Online payments are processed via a secure site utilizing freshbooks.com. All information transmitted through our online payment system is confidential and will not be reused at any time except for customers that request recurring billing.

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.

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Reports of activity in violation of this policy may be sent in e-mail to abuse@NetEase.net.

Further details about NetEase policies can be found on the NetEase Service Agreement Page.