Become a Member

In consideration for the use of the National Capital FreeNet Computer System (the "System"), and the efforts of National Capital FreeNet Inc. ("NCF") and its Board of Directors (the "Board") to develop and maintain the System, I understand and agree to the following:

Use of NCF is a privilege which may be revoked at the discretion of the board.

That the use of the System is a privilege which may be revoked by the Board of Directors of the System at any time for abusive conduct or fraudulent use. Such conduct would include, but not be limited to, the placing of unlawful information on the system, the use of obscene, abusive or otherwise objectionable language in either public or private messages, or violation of this Agreement. The Board of the National Capital FreeNet will be the sole arbiter of what constitutes obscene, abusive, or objectionable language.

NCF may access, view, edit or remove anything which it feels is unlawful or objectionable.

That the National Capital FreeNet reserves the right to review any material stored in files or programs to which other Members have access and will edit or remove any material which the Board, in its sole discretion, believes may be unlawful, obscene, abusive, or otherwise objectionable.

All items on NCF are for private use only.

That all information services and features contained on the National Capital FreeNet are intended for the private use of its patrons, and any commercial or unauthorized use or publication of those materials, in any form, is expressly forbidden.

All Items on NCF are general and do NOT refer to specific person, case or situation.

That all information contained on the National Capital FreeNet is placed there for general informational and entertainment purposes and is, in no way, intended to refer or be applicable to any specific person, case, or situation.

NCF is NOT liable for loses incurred by your use or non-use of NCF.

That the National Capital FreeNet and its Board does NOT warrant that the functions of this system will meet any specific requirements I may have; nor that it will be error free or uninterrupted; nor shall it be liable for any indirect, incidental or consequential damages (including lost data, information or profits) sustained or incurred in connection with the use of, operation of, or inability to use the system.

You agree to be bound by rules and regulations set down by NCF.

To abide by such rules and regulations of system usage as may be set down from time to time by the Board of the National Capital FreeNet.

You release the NCF, Board, operators, and affiliates for any claims related to the use or non-use of NCF.

In consideration for the privilege of using the National Capital FreeNet and in consideration for having access to the information contained on it, I hereby release the National Capital FreeNet, its Board of Directors and operators, and any institutions with which they are affiliated, for any and all claims of any nature arising from my use, or inability to use, the National Capital FreeNet.

You agree to be responsible for your own actions and to compensate anyone harmed by your abusive use of the system.

To indemnify the NCF and its Board for any loss suffered to them by reason of my improper use of the System, and to compensate anyone harmed by my abusive use of the system.

Information provided on NCF is offered as a community service and NOT as individual professional consultation.

That the information provided on the System is offered as a community service and is not a substitute for individual professional consultation. Adequate professional guidance for making important personal decisions cannot be provided through an electronic format of this type. Advice on individual problems should be obtained personally from a professional. I agree: (1) that I understand this Agreement; (2) that by using the System, I am not seeking to establish a doctor/patient, lawyer/client, or similar relationship with any of the Information Providers or other Members; and (3) that the Information Providers and NCF can rely on my promises in this paragraph (and elsewhere on this form) as an inducement to provide information on the System.

You will not allow others to use your Member ID nor attempt to obtain or use more than one Member ID.

That I will not allow another person to use my Member ID and Password; nor will I attempt to obtain or use more than one Member ID, except as authorized in special circumstances by the National Capital FreeNet.

All registered Members of NCF must provide accurate and real information on their application.

All registered Members of the National Capital FreeNet must provide accurate information on their application forms. Pseudonyms, nicknames, 'handles' or false names are not allowed -- use your real name. Failure to provide accurate information may result in denial of system access. Willful misrepresentation or deliberate attempts to conceal or forge information may result in legal action against you.

NCF prohibits all advertising, except for non-commercial advertisements posted in appropriate news groups.

The National Capital FreeNet prohibits all unsolicited advertising, both direct and 'broadcast', except in the case of non-commercial advertisements posted only in the news groups reserved for such purposes.

Applicability

These Terms of Service apply only to Members of NCF who support NCF by subscribing to Broadband Services and do not replace any other terms or agreements under NCF's By-Laws or Membership agreements.

Broadband Services are offered only to Members of NCF. Membership in NCF is free and open to everyone. Conditions, rights and obligations of Membership are covered under separate agreements.

By subscribing to the Broadband Service offered by NCF you are supporting the not-for-profit mission and values of NCF.

Third Party Supplier

NCF is required to use a third party supplier to provide Broadband Internet Service as well as all installation and repair services for the Service.

Where NCF needs to contact the third party supplier to effect an installation of a new Service or a repair to an existing Service, the Member agrees to work with NCF and the third party supplier to complete the work.

If the third party supplier levies any fees for installation or repair services, NCF will pass these fees through to the Member and the Member agrees to pay them on their next invoice. NCF will work with the Member to dispute questionable fees, however, should NCF be unsuccessful in having questionable fees reversed, the Member will be required to pay them.

If the third party supplier requires the Member to be available at their premises, the Member agrees to have an adult (person 18 years of age or older) available. Should the member not make themselves available, they will not hold NCF responsible for any loss of Service, wages or any other alleged loss related to the installation or repair of services.

The Member acknowledges that any contact by NCF to the third party supplier may result in a visit to the Member’s premises and may incur fees to be charged at the third party supplier’s discretion. The Member agrees that such charges to NCF will be passed along to the Member on a cost-recovery basis.

Extra Fees

NCF is a reseller of Broadband Service provided by third party suppliers. Under reseller agreements with these suppliers, NCF is obligated to pay fees if the supplier deems these fees to be applicable. This normally occurs when the third party supplier deems that there are no problems with their network and/or equipment and that any issues experienced by the Member are a result of faulty Member-provided equipment, faulty wiring or any other cause. These fees are called Diagnostic Maintenance Charges (“DMC”). The supplier may also levy other fees. NCF will pass these fees along to members subscribing to these services on a cost-recovery basis.

No Service Level Agreement

NCF is a volunteer driven organization where much of its activities are carried out or supplemented by those volunteers. As such NCF is not in a position to offer any kind of agreement with relationship to any kind of service level. NCF will provide all Service on a best effort basis. This includes, but is not limited to:

Time frames for delivery of services

Time frames for repair of services

Time frames for responding to requests for services or repairs

Time frames for provision of technical support

Guarantees on available transfer rates – all services are offered on an "up to" basis (i.e., "up to 6 Mbps" or "up to 15 Mbps") on a best effort basis

NCF is continuously working to ensure that our “best effort” is as good as or better than similar organizations. NCF encourages Members to consider volunteering their time or effort if they wish to contribute to this organizational goal.

Limitation of Liability

The Member acknowledges that NCF does not warrant the use of its Broadband Service for any particular purpose. Further NCF does not guarantee uninterrupted or error-free Service or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Member or its end-users through the use of the Service.

Under no circumstances will NCF or any third party providers be liable to the Member for any indirect incidental, special or consequential damages, expenses, costs, liability, loss, or damage whatsoever, including, lost profits, lost revenue, loss of data, loss of use of any information system, failure to realize expected savings or any other commercial or economic loss, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory even if NCF has been advised of the possibility of such loss or damage. The Member agrees, acknowledges and confirms that the limitations of liability set out in this section are fair and reasonable in the circumstances of this agreement and that NCF would not have entered into this agreement but for Member's agreement to limit NCF's and its third party providers' liability in the manner, and to the extent, provided for herein.

NCF shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Services.

The Member’s use of the Service is entirely their own responsibility. The Member will hold NCF harmless from any actions or inaction related to their use of the service.

Suggestions, Complaints, and Problem Resolution

NCF is a not-for-profit organization controlled by its members, and exists to serve its members and make our region a better place. If you have suggestions or complaints, please refer to Making Yourself Heard for information about reaching NCF staff and board members; their role is to serve you, as an NCF member.