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Terms of Service for NEPA AUTOS also known as nepaautos.com
All communications and transactions are between the Buyer and the Seller. NEPA AUTOS only provides the handy online tool to connect Buyers and Sellers. The NEPA AUTOS web site is reviewed daily to provide the best resource possible. Any listings not appropriate or non-auto related will be removed immediatley. Please contact us with any concerns you may have about any listings. Our desire is to make this the best FREE auto classifieds web site in NEPA.
This NEPA AUTOS / nepaautos.com Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which NEPA AUTOS / nepaautos.com services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and NEPA AUTOS / nepaautos.com reserves the right to modify it from time to time, effective when notification is posted at www.nepaautos.com. No verbal or written agreement/statement by any NEPA AUTOS / nepaautos.com employee will take precedence over the TOS.
On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. NEPA Autos only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that NEPA Autos deems inappropriate may result in the termination or suspension of the Services for the Customer.
Payment
NEPA Autos has the sole right to determine how the features and resources offered at www.nepaautos.com are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Services he or she wishes to signup for or purchase with NEPA Autos before registration. The Services will be provided to the Customer in the form of an online classified and/or advertising Services account, which would allow the Customer to manage and use the features and resources of www.nepaautos.com. All prices mentioned in the TOS and at www.nepaautos.com are in US Dollars (USD)
All charges will be debited against the Customer's balance maintained by NEPA Autos. If the Customer's debt exceeds $4.00 USD, he or she is required to clear his or her balance within 7 days by the chosen Payment Mode (selected during registration). If the customer's chosen payment method is Credit Card, NEPA Autos would attempt to charge the credit card number provided by customer (upon or after registration) automatically. For all other Payment Modes (i.e. payments made by 3rd party payment processors - PayPal.com as well as payments made by Check), customer must manually pay following payment procedures defined by NEPA Autos. Failure of customer to pay manually or for NEPA Autos to charge customer's credit card (due to any reason, in particular in case of an invalid credit card number or credentials) would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee. If the Customer doesn't pay his or her balance within 14 days after Service Account suspension, NEPA Autos reserves the right to terminate the Customer's Service Account.
A fee of $30 USD will be levied for every returned check and credit card charge back. NEPA Autos reserves the right to change pricing of the Services from time to time. NEPA Autos also reserves the right to withdraw any feature from it's Services, at any time it wishes to do so.
Refunds/Cancellations
All Service Accounts can be cancelled at anytime. Customer must contact NEPA Autos to officially cancel and remove their account.
There are no refunds. All payments are final for using the NEPA Autos Service. Any Customer signing up for Advertising space for any period of time will be fully granted their alloted space and time period. If Customer cancels their Service membership for any reason, NEPA Autos will still grant the advertising space and time they signed up for and paid for during signup for the advertising services. If Customer does not want their advertising to remain after terminating their services, Customer must notify NEPA Autos to cancel the advertising.
Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS.
Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis." NEPA Autos is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of your Service Account.
Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation
Material and Product Requirements
You must ensure that all material and data placed on NEPA Autos' servers/systems is in a form requiring no additional manipulation by NEPA Autos. NEPA Autos will make no effort to validate any of this information for content, correctness or usability.
Use of the Services requires a certain level of knowledge in the use of web technology. You must have the necessary knowledge for your intended use of the Services. NEPA Autos will not provide this knowledge to the Customer.
Intellectual Property Rights
You must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information.
Web Site Operation and Security
If you run a Web Site through the Services, or link to the www.nepaautos.com web site, you are solely responsible for it's operation and maintenance and NEPA Autos plays no such role in it unless agreed upon by NEPA Autos.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. NEPA Autos will not be responsible for the security of such information.
You also expressly (i) grant to NEPA Autos a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by NEPA Autos under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
NEPA Autos shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by NEPA Autos. NEPA Autos reserves the right to change or remove any and all such IP numbers and addresses.
General Abuse
Any attempt to cause harm or undermine NEPA Autos' servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming (know as spamware)
11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
13. Providing/Promoting material about exploitation of children under the age of 18
14. Selling of non-automotive items outside of the categories listed on the left menu of the web site.
Email Abuse
The following activities are considered as email abuse and are prohibited:
1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.
Such activities carried out from servers/systems not managed by NEPA Autos are ALSO prohibited if they link to websites, content or material hosted on NEPA Autos' servers/systems.
Emailing abuse carries a fine of up to $100 USD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your Service Account and an appropriate legal action.
Server Abuse
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, NEPA Autos will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, NEPA Autos will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced NEPA Autos that the abuse will not occur again. NEPA Autos will endeavor to provide prior notification before carrying out any such action but NEPA Autos may do so without any such notification, in its own discretion.
Lawful Purpose
NEPA Autos reserves the right to refuse service to anyone. Customers may only use the Services for lawful purpose. Transmission of any material in violation of US and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of NEPA Autos. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction the TOS was entered into and performed in West Pittston, Pennsylvania and any dispute will be litigated or arbitrated in West Pittston, Pennsylvania or wherever deemed necessary. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the courts of Pennsylvania. IN NO EVENT SHALL NEPA Autos' MAXIMUM LIABILITY EXCEED UNUSED PORTION OF THE TOTAL AMOUNT PAID BY CUSTOMER.
Notifications
All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. NEPA Autos will not be responsible if Customer fails to receive any email NEPA Autos attempted to send.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD NEPA AUTOS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST NEPA AUTOS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEPA AUTOS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH NEPA AUTOS' SERVICES; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM NEPA AUTOS' SERVICES
Disclaimer
NEPA AUTOS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. NEPA AUTOS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. NEPA AUTOS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY NEPA AUTOS AND ITS EMPLOYEES. NEPA AUTOS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

