| Your payment obligations
You understand and agree that fees for services will be paid in
advance and may be billed to the credit card you provide on the Site on
a monthly basis as requested by you on the Account Details page of the
Site. If your credit card is not valid or if payment is not made for any
reason which causes your account balance to go into a negative state the
subscriber may be considered in default under the Agreement. If any
payment due to the Company under this Agreement is not paid when due,
Subscriber agrees to pay interest on the past due amount on a daily
basis from the due date until the date paid at a rate equal to the
lesser of 1.5% per month or the maximum rate allowed by law.
Refunds, Credits and Cancellations. Some Services are provided at no
cost to the Subscriber. The Premium Services are based on a daily fee
debited on a daily basis from the Subscriber's account. netmon.com does
not issue credits or refunds in the event of a change in services
requested or cancellations. The cost to track and issue credits or
refunds would be relatively high and the benefit would be relatively low
considering the comparatively low or non-existent daily fees.
Automatic renewal. These agreements will automatically renew at the
daily service price unless Subscriber cancels the account on the Site or
sends written notice that he or she does not want it to renew. The Customer
may cancel the automatic renewal at any time via the Account Details
form on our website.
WARRANTY DISCLAIMERS
YOU ACKNOWLEDGE THAT NETMON.COM SERVICES ARE PROVIDED "AS IS, AS
AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR
FUNCTIONALITY OF THE NETMON.COM SERVICES OR WITH RESPECT TO THE QUALITY
OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF
NETMON.COM SERVICES OR THAT NETMON.COM SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. NETMON.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, PRODUCTS OR SOFTWARE
SOLD OR OTHERWISE MADE AVAILABLE ON THIS SITE.
NETMON.COM IS PROVIDING A SERVICE REMOTELY VIA THE INTERNET AND
MULTIPLE PUBLIC AND PRIVATE FACILITIES, SOME OF WHICH ARE NOT WITHIN OUR
CONTROL. THE COMPANY DOES NOT GUARANTEE THE QUALITY OR CONDITION OF THE
SERVICE.
Default and Remedies
The customer will be in default under this Agreement if there is any
one or more of the following actions:
- Failure to pay any amount when due.
- Subscriber fails to comply with any provision of these Agreements.
- Any representation made by subscriber in this Agreement is or
becomes untrue.
If subscriber is in default in any way, the Company may immediately take
any one or more of the following actions
- Declare all unpaid amounts due and payable.
- Terminate this Agreement with respect to all or any part of the
Services.
- Take any other lawful action the Company may deem appropriate to
obtain damages for subscriber's breach.
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