Cave Rules

BILLING POLICY:

Payment Procedure

Statements are e-mailed every 10th of the month. Payments for the following months are due every 20th. If payment is not received before the 21st a $3.00 late fee will be added. Accounts need to be paid in full for service to continue. Accounts still over due on the last day of the month will be suspended.

Pro Rate

Prices are per calendar month regardless of the day the service starts. There will be no pro-rate.

Credit Card Policies

Credit card customers will be charged automatically. If a credit card was declined above late payment procedures will become effective. All disputes have to be worked out with NeanderTech. Charges on your card will show up as ITSC or IT Service Corporation or billing@itservicecorp.com and our billing phone number.

Check Policies

When paying by check you agree to a $25.00 service charge if your check is returned by your bank for any reason. This includes checkdrafts and onlinechecks.

Other forms of payment

All billing disputes have to be resolved with NeanderTech

Payment of Charges

If the user directs the charges to be billed to someone else or to a credit card or bank account the user warrants that he or she is authorized to do so.

NeanderTech reserves the right to change prices at any time without prior notice to its customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Miscellaneous Fees

$2.50 fee for switching dial-up networks
$1.00 statement fee for invoices via snail mail (on request only, default is free e-mail invoice)
$1.00 mailing fee for mailing log-on info if e-mail is returned or no e-mail address was provided
$1.00 mailing fee for all other snail mail including but not limited to refund checks and payment reminders.
$5.00 re-activation fee if account was suspended

Customer has to notify NeanderTech of billing errors within 60 days or customer waives all rights to dispute them.

CANCELLATION POLICY:

Cancellation and Termination

NeanderTech reserves the right to cancel any account at any time without notice.

Cancellations must be made via a cancellation ticket in the on-line account manager before the 20th to avoid being charged for the following month(s). Cancellations via e-mail, phone or website info tickets are NOT accepted. Cancellations are not guaranteed if you do not receive a confirmation! Cancellations in writing via the postal service or via fax are only accepted if they clearly state full name, address, account number, and reason for canceling.

NeanderTech maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event NeanderTech utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of NeanderTech's attorneys' fees and costs in the collection of these sums.

Cancellations are not complete until the customer receives a confirmation.

PRIVACY POLICY:

Customer Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, NeanderTech will not make any user information available to third parties. This excludes necessary transactions with our credit card merchant as well as bank contacts, lawyers and collection agencies. Users in violation of any of the policies automatically release NeanderTech from the privacy policy.

REFUND POLICY

All set-up fees are non-refundable! Refund decisions are made by NeanderTech on an individual basis according to the following guidelines. There will be no refund if any part of the policies has been violated.

Refund request for monthly payment plan
-refund request must be done with your cancellation.
-cancellation must be done according to our cancellation policy and within 14 days of signing up
-include full name, address, user name, reason for canceling
-all credits or discounts given at sign-up will be reversed
-There is NO refund if you used the account. Refunds are only given to customers who were not able to use the service at all.
Refund request for pre-paid months of un-used service except monthly payment plan (all conditions must be met)
-refund request must be done with your cancellation
-cancellation must be done according to our cancellation policy before the 20th in order to receive a refund for the following month(s).
-include full name, address, user name, reason for canceling
-all credits or discounts given based on your subscription plan will be reversed

SERVICE POLICY

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

NeanderTech exercises no control whatsoever over the content of the information passing through NeanderTech's system. Use of any information obtained via NeanderTech is at User's risk. Neither NeanderTech nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does NeanderTech make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY NeanderTech, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER NeanderTech NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NeanderTech, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT NeanderTech IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, NeanderTech's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of NeanderTech in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold NeanderTech, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by NeanderTech, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify NeanderTech in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and NeanderTech shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to NeanderTech that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. NeanderTech has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet;

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

post on webspace provided any sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");

allow users to run Maillist, Listserv or any form of auto-responds from User's account;

run or activate processes while User is not logged in;

violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or

violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

NeanderTech has no obligation to monitor the Service. However, User agrees that NeanderTech has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. NeanderTech will not intentionally monitor or disclose any private E-mail message unless required by law. NeanderTech reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. NeanderTech reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of NeanderTech following payment of a reconnection charge, to be determined by NeanderTech in its sole and absolute discretion.

Messaging

User agrees to limit their use of the NeanderTech service, specifically regarding the use of NeanderTech's electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the NeanderTech service.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

Net Abuse

NeanderTech enforces a strict policy of "NO TOLERANCE" with respect to SPAM and abusive UCE (UnsoliCited E-mail). If you use your NeanderTech access to compromise any Network services, your access and hosting via NeanderTech may be discontinued.

Net Abuse Guidelines

There are two typical activities that have been branded as spamming:

1.The original meaning of spam where, a news article with essentially the same content is posted to 20 or more newsgroups.
2.The trendy application of spam meaning bulk e-mailing of unsolicited e-mail to list of e-mail recipients.

Definition of Terms

MAIL BOMBING is a criminal instance of UCE and is dealt with individually. Any mail bombs discovered, based solely on the determination of NeanderTech staff, originating from a NeanderTech subscriber account will cause that subscriber's access and hosting via NeanderTech, to be discontinued.

SPAM - Any spam, based solely upon the determination of NeanderTech staff, will cause the user's access and hosting via NeanderTech, being discontinued. This includes all sorts of bought or otherwise obtained mailing list and so-called opt-in lists.

UCE (UnsoliCited E-mail) - Any UCE, based solely on the determination of NeanderTech staff, that:

users modified headers to disguise the originator is directed to a remote mail relay host, or causes a remote host to restrict or refuse connection with NeanderTech, or causes sanctions against NeanderTech, by a remote network administrator

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. NeanderTech RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF NeanderTech SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. NeanderTech RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF NeanderTech SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Limitation of Web Hosting Services

Although NeanderTech advertises "Unlimited Bandwidth" in regards to some of its services there are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of NeanderTech services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by NeanderTech.

Personal Webspace

Personal webspace may not be used for business purposes. User may not sell advertising space or any other products or services. To do business a paid hosting package is needed. Personal webspace may also not be used for storage of files linked to from other hosting packages. Users in violation of this will be charged for a regular business hosting package. Personal websapce may not be used for clubs or any other organizations.

Restricted Content

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

Bandwidth Restrictions

Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

Limitation of Dial-Up Services

Although NeanderTech advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of NeanderTech services by any such User, which restricts overall NeanderTech system availability for other such Users. These limitations apply only to Dial-Up access services offered by NeanderTech.

Idle Timeout

User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the NeanderTech service.

Maximum Single Session

User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.

Minimum Re-Connect Limit

User understands they cannot log back onto the NeanderTech system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased. The exception is a 112k multi-link account which allows 2 connections at the same time.

Port 25

Port 25 is blocked on all access numbers.

Network Access Restrictions

The network currently listed is network al which is unlimited.
Network qw: User agrees that for all locations, that they will be limited to 200 hours of access per month. Additional 200 hour blocks may be purchased if needed.
Network uu, tn: User agrees that for all locations, that they will be limited to 150 hours of access per month. Additional 150 hour blocks may be purchased if needed.
Network st ISDN only: User agrees that for all locations, that they will be limited to 300 channel hours of access per month. Additional 300 channel hour blocks may be purchased if needed.
Networks cd, gp, al, st (except ISDN), have no limit.
All networks: User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of NeanderTech. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection.

User agrees that NeanderTech may submit charges for use of on-line time in excess of that provided as part of user's subscription plan.

No Confidentiality

Information transmitted through NeanderTech and through the Internet in general is not confidential. NeanderTech can not and shall not guarantee privacy or protection of any User. NeanderTech reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of NeanderTech.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

NeanderTech does not and will not perform system backups on any User's E-mail account(s). NeanderTech shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, NeanderTech will not provide historical data, to any party for any reason, regarding any system or Internet activity.

NeanderTech does not and will not perform system backups on any web sites. NeanderTech shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, NeanderTech will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Support

Prices for services and products do NOT include any type of support. All support is currently offered as an additional service FREE OF CHARGE within our limits and capabilities. It is the user's responsibility to set up their computers with the information provided by us. We do have an extensive on-line self-help Support Center. Phone calls and e-mail can only be answered if the complete customer name, log-on name, access number with area code, and text error message are given.

Failure to Comply With Terms and Conditions

NeanderTech may deny User access to all or part of the Service without notice if User engages in any conduct or activities that NeanderTech in its sole discretion believes violates any of the terms and conditions in this Agreement. If NeanderTech denies User access to the Service because of such a violation, User shall not have the right (1) to access through NeanderTech any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through NeanderTech, and NeanderTech shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to NeanderTech's system for periods exceeding (5) five hours, in any single continuous session. User authorizes NeanderTech to enforce these restrictions by appropriate software and network measures, automated and manual.

Abusive or inappropriate language in a user's e-mail or phone call towards employees may result in immediate account cancellation. The decision on what is "abusive or inappropriate" is entirely up to NeanderTech, and is not just limited to "bad" words.

User agrees to notify NeanderTech if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to NeanderTech.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

NeanderTech's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

NeanderTech may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. All disputes will be settled in Houston, Texas.

NeanderTech shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of NeanderTech.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming NeanderTech as the defendant, shall be proper only in a venue determined by NeanderTech.

In any action between NeanderTech and User to enforce any of the terms of this Agreement, NeanderTech shall be entitled to recover expenses, including reasonable attorney's fees.

If any of these policies violate any law in User's area User may not use our service without giving up the right(s) granted by that law. Should a court of law rule any part of these policies unconstitutional or in violation of any other law, the rest of these policies shall stay in effect and be enforcable.

This Agreement constitutes the entire agreement between User and NeanderTech with respect to the Service.