Term and Conditions

 

NetEase General Policy

This is a contract. By opening an account with NetEase or any subsidiary of NetEase, you agree to abide by all policies of NetEase. These policies apply to all users of NetEase. without exception. Failure to adhere to the stated policies may result in termination of the account at the discretion of NetEase. The policies of NetEase include but may not be limited to this document.

NetEase reserves the right to change policies, services, and pricing at any time. Your continued use of an account signifies acceptance of any and all policies and policy changes, and you may cancel if you do not agree with changes in policy, service, or pricing. Policies, services and pricing may change without notice being received by the customer.

NetEase reserves the right to refuse to provide service to anyone.

This Agreement is negotiated and executed in the State of California and any interpretation of this Agreement shall be pursuant to California Law. If any legal proceeding arise between the parties and as a result of this Agreement, the parties agree that the proceedings shall be brought in a Court of competent jurisdiction in Sonoma County, California.

Disclaimers

NetEase makes no warranties of any kind, whether express or implied, for the service it is providing. NetEase, will not be held responsible for any damage you suffer from use of an account or service provided by NetEase, unless otherwise agreed to in writing. This includes, but is not limited to, equipment damage, failure or loss of data resulting from delays, non-deliveries, or service interruptions caused by the company's negligence or your negligence or misuse.

You have signed up for a subscription service. Your account will be renewed automatically when it expires. This means that your credit card will be billed or money will be withdrawn from your checking account to renew your account. You must cancel prior to the expiration of the current billing period to avoid extra charges. If you do not cancel, you will be responsible for the next billing period. Please allow 6 days to assure that there is adequate time for your cancellation to take effect.

Dial-up users: contact your telephone service provider to verify that the NetEase modem dial-up number you intend to use is a local call from your location. You may be subject to additional charges from your telephone service provider, depending on your location and calling plan. NetEase cannot be held responsible if long distance or other communications fees are incurred.

Privacy

NetEase is committed to preserving the privacy of its customers and protecting their personal data. NetEase keeps
information about its customers such as names, addresses, telephone numbers and details about NetEase services used by the customer. While some of this information may be made available to our immediate affiliates in the course of providing services our customers have requested, NetEase will not otherwise disclose any information about its customers to any other third party without a court order or other legitimate legal proceedings. In particular NetEase will not release any customer email addresses to any third party.

Acceptable Use Policy

Any prohibited or illegal activity that affects NetEase, its agents, equipment or customers is punishable to the full extent of the law, and NetEase will hold you responsible for any damage caused by your actions, whether intentional or unintentional. You are strictly prohibited from using your account other than as outlined in this Acceptable Use Policy and will be prosecuted to the full extent of the law if you do so illegally (see Enforcement section). NetEase makes no exceptions in enforcing this policy.


NetEase functions as a common carrier; our standard policy is to not monitor or interrupt our users' activities, exert editorial control over their content, or censor them or their content. To protect the interests of NetEase and in the best interests of our customers, exceptions to this policy may be made under certain specific circumstances including but not limited to the following:


Illegal activities: The law requires NetEase to report any criminal activity that it becomes aware of to the appropriate
authorities. It is the responsibility of the account owner to be familiar with current laws and regulations.

Email: Email accounts are for personal or business correspondence only. Unsolicited Commercial Email (otherwise known as UCE - or spam) is strictly prohibited and violators will have their accounts terminated immediately. Sending unsolicited email to one or more addresses regardless of how the addresses were obtained may be considered spamming and is grounds for account termination. Use of a NetEase address or any address of a domain hosted by NetEase as a return address for replies to spam is similarly prohibited.

NetEase may at its discretion employ filtering techniques to block inbound email from known sources of spam and email abuse, and may also filter incoming email for known viruses.

Usenet: All users of NetEase news servers agree to be bound by the charter of any newsgroup or newsgroup hierarchy posted to. It is the responsibility of the user to be familiar with these charters, which may include rules about content, spam, language and off-topic posting. Excessive posting of identical messages to multiple newsgroups ('cross-posting') via NetEase news servers is prohibited, as is the posting of unsolicited commercial email (spam).

Network abuse: Use of NetEase accounts or services for orchestration of or participation in any abuse of the NetEase or any other network, system or service is expressly forbidden and is grounds for account termination and possible legal action. Any action which interferes with the NetEase or other networks or which affects the use of or access to any network is likewise expressly forbidden.

NetEase retains at all times the right to determine what constitutes network abuse. Examples include but are not limited to:

* Attempts to hack the NetEase network or any other network or systems

* Port scanning

* Use of 'cracking' software or techniques

* Dissemination of viruses or malware

* Provocation of attacks on the NetEase network or any other network

* Conduct which causes NetEase to be blocked by another provider or

   which causes NetEase to be placed on a "block list"

* Flooding NetEase or any other network with traffic for the purpose of disrupting service

* Mail bombing

NetEase customers must also comply with the acceptable use policies of our upstream providers, PacWest (http://www.pacwest.com) and Cable and Wireless ( http://www.cw.com) , Globalpops (http://www.globalpops.com) , and others.

Use of copyrighted material: NetEase is obligated to comply with the Digital Millennium Copyright Act of 1998 (DMCA). All web pages are subject to copyright law, and members are responsible for the content in their file space. Use of the World Wide Web, FTP, Newsgroups or any other services provided by NetEase to transfer copyrighted material in violation of applicable laws is prohibited and may result in termination of your NetEase account.

Access to content: NetEase functions as a common carrier and does not censor. Material can be found on the Internet or in Usenet news groups, etc., that some viewers may find objectionable; NetEase is not responsible for any content available via NetEase accounts or services. Any limitation of access to content is at all times the responsibility of the account holder and NetEase shall not be held responsible for access to material that an account holder deems inappropriate. We suggest that minors be supervised.

Accountability

The owner of any type of NetEase account or service will be held responsible for any abuse of that account or service, regardless of whether the owner was the actual initiator of the abuse. This includes for example but is not limited to: abuse of an email account or dial-up add-on which is part of a customer's account but which is used by a third party or abuse of a colocated server or colocation services by a third party, with or without the account owner's permission.

Enforcement and remedy:

Violation of any terms set forth in this Acceptable Use Policy may result in one or more of the following, at the discretion of NetEase:

* Issuance of a warning
* Temporary suspension of service
* Billing to defray administrative costs incurred
* Termination of your services, account or accounts
* Legal action

If any activities or security problems involving a NetEase account or NetEase customer's services cause network outages, the owner of the account or service will be billed for network down-time.

Any account owner whose account is terminated for violation of the terms set forth in this Acceptable Use Policy will be required to pay any outstanding balances due, including any and all early termination fees. In instances where it is necessary to terminate a customer's account, an administrative disconnect fee may also be applied.

NetEase will normally attempt to contact any user in violation of this Acceptable Use Policy before taking action, but depending on the circumstances or the severity of the violation action may be taken without prior notification. In this case, the user will be notified as soon as it is practicable.

No limitation

This acceptable use policy in no way limits the rights and remedies of NetEase At its discretion NetEase may take other actions it deems necessary to protect the integrity of its or other's networks or to recover the costs of operation as pertain to identifying and removing violators of this acceptable use policy.

Dial-up Connection policy

Dialup accounts are intended for interactive use by a single individual. NetEase reserves the right to terminate idle connections, that is, connections that have been unused for 30 minutes. Personal accounts are limited to one login at any given time unless an additional fee has been paid.

NetEase provides unlimited Internet access to its dial-up customers. "Unlimited Internet access" is defined as un-metered, on-demand dial-up access; Unlimited does not mean dedicated ("always-on") access. In order to ensure that dial-up services remain available to all dial-up customers, NetEase reserves the right to terminate any dial-up connection that exceeds eighteen consecutive hours duration.

NetEase assumes that anyone consistently using a dial-up connection for more than eighteen consecutive hours at a time will need dedicated-line access. If you consistently use your dial-up account as a dedicated-line account, you will be billed for it accordingly. Dedicated lines are available for an additional monthly charge.

E-MAIL Retention Policy

NetEase Inc. will automatically delete any e-mail messages left on the NetEase mail server longer than 30 days. It is the account holders responsibility to download e-mail to their personal computer prior to this automatic deletion.

NetEase also offers filtering for e-mails which are considered to be junk, or unsolicited commercial e-mail. By default these messages are placed in a quarantine area accessible via our web mail interface. Due to the volume of junk mail and their relative undesirability this quarantine area may be cleaned out with an e-mail retention time of not less than 8 days. Sometimes "false positives" will cause legitimate e-mail to be placed into the quarantine. Users should be aware of this. If you use the junk mail filtering system, it is your responsibility to check the quarantine regularly for any wanted e-mail.

 

NetEase will not maintain backups of mail that has been deleted during the automatic deletion process. NetEase will not be able to recover any deleted messages. NetEase will not be held responsible for any damage you suffer from loss of mail or any other service provided by NetEase.


Technical Support Policy

The function of the NetEase technical support staff is to assist customers with initial connection, Internet browser and email account setup. Support is only available for computers running recent versions of Macintosh or Windows operating systems. NetEase does not offer over-the-phone tech support for issues such as cgi programming, Linux use, your web site, or any other issue not directly related to your dialing software or to the basic functions of your web browser and email program. While at its discretion the support staff may sometimes assist our customers with non-connectivity or non-email issues, any such extra service is strictly 'added value' service and provision of such service does not obligate NetEase to continue to provide such service.

NetEase will use its best efforts to provide all services to get your computer connected to the Internet but can not be held responsible for hardware or software malfunctions or assist in servicing or repairing your equipment. In such cases, the technical support staff will gladly refer you to outside sources for assistance. Customers should have a copy of their current operating system available when calling technical support; there will be limits to the amount of assistance that technical support representatives can offer if you do not have a copy of your current operating system. NetEase reserves the right to cease providing over-the-phone technical support to any customer.

NetEase is not responsible for any problems caused by tech support. It is your responsibility to be sure your files are backed up.

If you need assistance with your dial-up or email account, please call the dial-up tech support division at 800-580-0932.

If you need assistance with your web hosting account, please call the web hosting tech support division at 866-641-3742.

You are entitled to free assistance with setting up your connection, an Internet browser (Microsoft Internet Explorer or
Netscape Communicator) and an email client (Microsoft Outlook Express, Microsoft Outlook, Netscape Messenger or Eudora) on one computer. Support is only available for computers running recent versions of the Macintosh or Windows operating systems. We offer telephone technical assistance everyday - 24 hours a day.

If you can email, we encourage you to write to support@neteze.com for assistance. If you are able to get online and have other questions, the answers may be in our support pages located at http://www.neteze.com/support - we encourage you to check there first. Also, the help files in the program you are using may have the answers to your questions so please do investigate these resources before calling tech support.

Bandwidth and Disk use quotas

NetEase uses a quota system for controlling customer bandwidth and disk usage.

Billing Policy

All accounts must be paid for in advance.

This is a subscription service.

You must notify NetEase in writing to cancel your account.

Billing office address:

NetEase
PO box 11211
Santa Rosa, CA 95406

Billing Office Hours:
9:00 am to 12:00 pm, 1:00pm to 4:00pm Monday through Friday.

To update your contact information, change your billing period or to see your account due date please use your account tools, located at My Account.

Payment options

NetEase accepts cash, check, ACH electronic checks, MasterCard, VISA, American Express and Discover credit cards as payment.

Cash Payments: Please do not send cash by mail; NetEase can not be held responsible for any loss of funds.

Check Payments: Check payments can be made in person, by mail or on-line. To pay your account online, please go to My Account.

NetEase charges a $20 fee for any check that is returned to us due to lack of funds. The $20 fee will be included in your next payment. Any bounced check must be replaced with a cashiers check, money order, or cash.

Credit Card Payments: Credit card payments can be made over the phone, in person or on-line. To pay your account via credit card please go to My Account. An automatic billing feature is available for your convenience; if you choose to pay by credit card and choose auto-billing, your payment will automatically be processed 5 working days before your payment due date.

If the payment is returned as declined, expired, or invalid NetEase asks that you call and give us a valid credit card number or
replace the payment with a check or cash. If for any reason a credit card payment is not completely processed, you will receive email notification.

Billing cycle

All accounts are prorated to the first of the month. You will be billed monthly unless you change the payment interval with the NetEase Billing Department. All services must be pre-paid before they will be provided. Payments are credited from the account due date, not from the date the payment is received. A grace period of five days from the due date is given for accounts. After five days without payment, the account will be locked until payment is received.

Invoicing

All invoicing is done via email.


When paying by cash or check you will receive an email invoice. The invoice will be transmitted 20 days before your due date.
Invoices will be sent approximately every 10 days until the account is paid or the due date passes. The invoice identifies the due date, the amount and the address to send payments to. You will receive a payment confirmation via email when your payment is processed.

If you choose to pay by credit card and choose automatic billing, payment will automatically be processed 5 working days before your payment due date. You will not receive an invoice if you choose the auto billing payment method, but you will still receive a receipt.

Account information

You can notify NetEase of any changes to your name, address, or telephone number via your account tools, which are located at My Account. It is important that this information be kept up-to-date to ensure accurate communication between NetEase and our customers.

For reasons of security, if you wish to change the listed owner of your account you will need to submit a written request signed by the current and new account holders. If it is not possible for the listed owner to submit such a request please call the NetEase support department and our representatives will be happy to assist in making the necessary arrangements.

Cancellation procedure

Accounts can not be put on hold or suspended. Any customer who will be unable to use their account for extended periods of time should cancel the account and reinstate it at a later date. This includes, but is not limited to, users whose equipment is down for repair or is otherwise unusable for the purpose of connecting to NetEase.

Cancellation of an account MUST be done by the owner of the account in writing.

To assure cancellation before the end of the current billing period, Cancellations must be received at least 6 working days or more prior to the next billing period.

 

There will be no refunds for unused time left on the account.

Your cancellation will be effective when the current paid period completes. Cancellation of your account must be done in writing.


Cancellations should be mailed to:

Netease Cancellations
PO box 1610
Forestville, CA 9543

 

We do not accept cancellations via e-mail or phone.

 

Only the primary account holder can cancel an account.

 

Be sure you retrieve any information you want to keep- email, web pages, files in your web, FTP and home directories, etc.- and save it separately from your account before you cancel. Upon cancellation, all user data will be eliminated. If you fail to notify us of cancellation as stated above, you will be responsible for all access fees until the date of cancellation regardless of whether or not you used the service. There will be no refunds for unused time left on the account.

All sales are final. Refunds will not be given under any circumstances.

Collection procedures

For any delinquent accounts, you will be responsible for all collection costs, including reasonable attorney fees.


 

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