523 Michigan Avenue

Miami Beach

Florida 33139

Tel: 305.673.5200


Neuco Image Group, Inc. Internet Services

Terms of Service

IMPORTANT NOTICE: All Payments To Neuco Image Group, Inc. (NEUCO) Are Non-Refundable

Neuco Image Group, Inc. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of NEUCO Service constitutes acceptance and agreement to NEUCO's AUP as well as NEUCO's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of  Neuco Image Group, Inc. and AUP (Acceptable Use Policy) . The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Miami-Dade applicable to contracts enforceable in that state. Venue will be Miami-Dade County, Florida.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including content, assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition NEUCO shall have the right to terminate all service set forth in this Agreement.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.  All accounts and services provided by NEUCO are subject to the current applicable tax rate as imposed by the City of Miami Beach, Miami-Dade county, State of Florida.

Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee per month or 1.5% per month, whichever is greater. Accounts that are not collectable by NEUCO may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments to NEUCO. are nonrefundable. This includes setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

SPAM and Unsolicited Commercial Email (UCE): NEUCO takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of NEUCO may not use or permit others to use our network to transact in UCE. Customers of NEUCO may not host, or permit hosting of, sites or information that is advertised by NEUCO from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of NEUCO SPAM policy will result in severe penalties. NEUCO reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. NEUCO will notify law enforcement officials if the violation is believed to be a criminal offense.

Not For Resale

NEUCO services are provided solely to Customer, and are not for resale.  Customer may not resell web site hosting, email services, or any other NEUCO supplied service.


IP Address Ownership: If NEUCO assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to NEUCO, and Customer shall have no right to use that Internet Protocol address except as permitted by NEUCO in its sole discretion in connection with the Services, during the term of this Agreement. NEUCO shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by NEUCO , and NEUCO reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible . We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). NEUCO will monitor Customer's bandwidth and disk usage. NEUCO shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in NEUCOÕs sole and absolute discretion. If NEUCO takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, NEUCO may, at its sole discretion, collect a deposit, in an amount determined by NEUCO from customer.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the NEUCO Network. Violations of system or network security may result in civil or criminal liability. NEUCO will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

NEUCO is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

Users that NEUCO determines to have committed a violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation: NEUCO reserves the right to suspend network access to any customer if in the judgment of the NEUCO network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which NEUCO chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

NEUCO reserves the right to amend its policies at any time.  Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: NEUCO wishes to emphasize that in agreeing to the NEUCO Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies NEUCO for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to NEUCO or the bringing of any claim against NEUCO by any third-party. This means that if NEUCO is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against NEUCO, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

NEUCO takes no responsibility for any material input by others and not posted to the NEUCO Network by NEUCO. NEUCO is not responsible for the content of any other websites linked to the NEUCO Network; links are provided as Internet navigation tools only. NEUCO disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

NEUCO is not responsible for any damages your business may suffer. NEUCO does not make implied or written warranties for any of our services. NEUCO denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NEUCO .

Responsibility for Content: You, as NEUCO customer, are solely responsible for the content stored on and served by your NEUCO server.

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

NEUCO may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships NEUCO has established with certain commercial vendors ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by NEUCO and not by the Third Party Vendor. Neither NEUCO nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from NEUCO or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither NEUCO nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and NEUCO with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

NEUCO Internet Services Terms of Service (TOS) May 19, 2004


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