Policies
For services provided by nBank, Inc. d.b.a. nBank, hereinafter referred to as nBank.


We strive to provide our customers with the most productive and enjoyable Internet Service. Our customers have brought to our attention their growing concerns about undesirable activities:

- Unsolicited Commercial E-Mails
- The transmission of bulk unsolicited commercial e-mails.
- Inappropriate Newsgroup Postings



We wish to notify our customers that nBank considers any of these activities to be violations of its Terms of Service. Any nBank subscriber which we determine to be in violation of these policies will be subject to immediate termination of his/her account(s) without prior notice.

If any customer wishes to report an unsolicited commercial e-mail or inappropriate posting incident, please send us an e-mail at support@nBank.net.

We will remain diligent in our efforts to provide you with the highest quality Internet connection and services.

Bulk Unsolicited Commercial E-Mails:
To preserve the enjoyment of our services for all subscribers, nBank prohibits the transmission of bulk unsolicited commercial e-mails on its service. Subscribers that we determine to be in violation of this policy shall be subject to immediate termination of service without prior notice, or immediate suspension of service without prior notice pending results of an investigation. This policy will be subject to updates and revisions as generally accepted industry practices are established that put greater control over the receipt of unsolicited e-mails in the hands of the recipient. We reserve the right to communicate information of a commercial or non-commercial nature to its subscribers that it believes will enhance the benefits of our service.

Inappropriate Newsgroup Postings:
The use of nBank services to add messages to newsgroups 1) that are clearly inappropriate given the intended purpose or scope of the newsgroup, including adding commercial postings to newsgroups of a non-commercial nature, or 2) in a manner that is clearly excessive and intended to annoy or harrass, is prohibited. Subscribers that we determine to be in violation of this policy shall be subject to immediate termination of service without prior notice, or immediate suspension of service without prior notice pending results of an investigation.


Acceptable Use Policy

1.0 USE OF MATERIAL

1.1 Public Domain
Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using nBank’s services. Account holders may also re-distribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.

1.2 Copyrighted Materials
nBank’s users must abide by all applicable laws, including United States federal law and International treaties, with respect to copyrighted materials. nBank’s users are advised to use caution when uploading, downloading, distributing, using, or copying copyrighted materials, and are urged to obtain permission where required before doing so. Users agree not to alter copyrighted material, nor modify author-attribution notices or copyright notices.

1.3 Shareware.
Some materials available on the Internet are called "shareware." These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the materials for examination. Users who continue using the materials beyond the evaluation period are expected to abide by the requirements of the program's author, and pay all fees that are required.

1.4 Pornography and Software Piracy
We do not monitor our users' activity as a matter of course, but reserve the right to do so at any time. If we are advised or discover that you are using your nBank account to deal in illegal pornography or to distribute pirated software we reserve the right to suspend and/or terminate your account immediately. Depending on the nature of the activity, we may also notify the appropriate law-enforcement authorities.

1.5 nBank Software or Third-Party Software
Any use of nBank’s software or third-party software distributed by nBank is governed by the end-user license agreement that accompanies such software. Use of such software indicates your acceptance of the terms of the end-user license agreement of the software.

2.0 ABUSE OF SERVICES

2.1 Hacking, Viruses and Related Programs
You are prohibited from using nBank’s services to compromise or facilitate the compromising of the security or integrity of any company, data, program, code, resources, accounts, website, server, or equipment. This prohibition includes, but is not limited to, the use of password guessing programs, cracking tools, or network probing tools. You may not store, distribute, or transmit programs, code, applications, applets, or other similar material, containing or constituting viruses, 'Trojan Horses', or means by which the security or integrity of any company, data, program, code, resources, accounts, website, server, or equipment might be compromised.

2.2 No Network Services
You may not run programs that provide network services from your account. http, and irc servers and multi-user interactive forums.

2.3 Disruption of Use
Any use of nBank’s system resources that disrupts the normal use of the system for other nBank customers is considered to be abuse of system resources and is grounds for administrative intervention. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory, or disk space, or otherwise affecting the performance of nBank servers.
2.4 nBank Software
Modification, alteration, reverse engineering, decompilation, disassembly or creation of derived works based on nBank’s proprietary network protocols or network software is an abuse of nBank’s services.

2.5 Remedies
Depending on the nature and the severity of the abuse, the user may receive an e-mail warning or have their account suspended by nBank Technical Support.

2.6 User Obligations
Violations of any of the nBank conditions of use are unethical and may be criminal offenses. You are expected to report to nBank any information you may have concerning instances in which the conditions of use have been or are being violated. When nBank becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, nBank may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reconnection charge.

3.0 NEWSGROUPS

3.1 Access to Newsgroups
nBank includes access to many Usenet discussion groups, commonly known as newsgroups. You acknowledge that some newsgroups contain language, pictures, or discussions of subjects intended for adult audiences. nBank does not monitor access to Usenet newsgroups or the content of posts by nBank account holders or account holders at other sites and is not responsible for the content of any posting made to any newsgroup.

3.2 Cancellation of Newsgroups
nBank reserves the right to discontinue access to any Usenet newsgroup at any time for any reason or no reason.

3.3 Inappropriate Posts
nBank may, but is not obligated to, investigate complaints regarding posts of inappropriate material to Usenet by account holders and may, in its sole discretion take any action permitted by this Agreement. Criteria for determining whether a post is inappropriate include, but are not limited to, the written charter/FAQ of the newsgroup(s) in question, the established Usenet conventions outlined below, the system resources consumed by the posting, and applicable laws and regulations.

3.4 Remedies
If a post is found to violate one of the policies below, or to contain unlawful material, nBank may require that the post be moved to a more appropriate forum, if any, or take any action permitted by the terms of this Agreement.

3.5 Responsibility for Determining Compliance
You are responsible for determining and understanding all the rules of a particular newsgroup before you post to it. Any article you post must comply with the written charter/FAQ of the newsgroup to which the post is made. If a newsgroup does not have a charter or FAQ, its title shall be considered sufficient to determine the general topic of the newsgroup.

3.6 Newsgroup Advertising
Established Usenet conventions ('netiquette') prohibit advertising in most Usenet newsgroups. You may post advertisements only in those newsgroups that specifically permit them in their charter or FAQ. Some newsgroups may permit classified ads for single transactions between private individuals, but not commercial advertisements. It is your responsibility to comply with the protocols of each newsgroup to which you post, and to determine whether or not a newsgroup permits advertisements before you post any.

3.7 Prohibited Postings
Many types of posts are prohibited in most newsgroups. Such prohibited posts include chain letters, pyramid schemes, encoded binary files, job offers or listings, and personal ads. You may post these types of messages only in newsgroups that specifically permit them in their charter or FAQ. It is your responsibility to determine whether a newsgroup permits a particular type of message before you post it.

3.8 Altering Headers
You may not alter the headers of posts to Usenet to conceal an e-mail address or to prevent account holders from responding to posts.

3.9 Cancelling Posts
Only the poster of a Usenet article or nBank has the right to cancel the article. You may not use nBank resources to cancel articles that you did not post. The sole exception to this rule is for moderators of formally moderated newsgroups; the moderator of a newsgroup may cancel any articles in a newsgroup that the moderator is moderating.

3.10 'Flooding'
You may not attempt to 'flood' or disrupt Usenet newsgroups. Disrupting is defined as posting a large number of messages to a newsgroup which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.

4.0 E-MAIL USE

4.1 Complaints
nBank may, but is not obligated to, investigate complaints regarding e-mail and may, in its sole discretion, take any permitted by the terms of this agreement.

4.2 Sending E-Mail
You may not send e-mail to any user who does not wish to receive it, either at nBank or elsewhere. You must refrain from sending e-mail to a user after receiving a request to stop.

4.3 Unsolicited E-Mail
You may not send unsolicited advertising mailings, whether commercial or informational. You may send advertising material only to addresses that have specifically requested.

We will not forward mail of accounts terminated for bulk mailing, unsolicited advertising, or any other 'spamming' activity.

4.4 Chain Letters
Chain letters are unsolicited by definition and may not be initiated or propagated using nBank services.

4.5 "Mailbombs'
You may not send, propagate, or reply to mailbombs. Mailbombing is defined as either e-mailing copies of a single message to many account holders, sending large or multiple files, or files that contain harmful programs, applets, or executable files, etc., to a single user, generally with malicious intent.

4.6 Altering Headers.
You may not alter the headers of e-mail messages to conceal or falsify any e-mail address or to prevent account holders from responding to messages.

4.7 Remedies.
Engaging in prohibited practices such as those set forth above can generate massive amounts of e-mail responses, primarily negative and/or hostile. If you receive so much e-mail that nBank resources are affected, regardless of whether the receipt of such mail is in response to prohibited activities, nBank reserves the right to suspend and/or cancel your mailbox.

5.0 WORLD WIDE WEB (WWW) USE.

5.1 Objectionable Material
You acknowledge that some WWW pages contain language, pictures, or discussions of subjects intended for adult audiences. nBank does not monitor access to the Web or the content of the personal web pages of nBank account holders. nBank is not responsible for the content of any account holder Web pages on nBank servers or elsewhere.

5.2 Personal Pages
You are solely responsible for the content of the Web pages associated with your account, whether or not you created them.

5.3 Removal of Pages or Site
nBank reserves the right to remove any Web page or site on its servers, at any time, without liability, for any reason or no reason.

5.4 Complaints
nBank may, but is not obligated to, investigate complaints regarding inappropriate or illegal material on Web pages within the nBank domain and may, in its sole discretion, require that the material be removed. Criteria for determining whether a page is inappropriate include, but are not limited to, the system resources consumed by the page and applicable law.

5.5 Activities
You may not use Web pages within or outside the nBank domain to violate any part of this Agreement, or to attempt to disrupt the pages or Internet experiences of other users.


Terms and Conditions

1.0 NATURE OF AGREEMENT.

1.1 Complete Agreement
This Terms and Conditions Agreement ('Policy' or 'Agreement') represents the complete agreement and understanding between nBank, ('nBank') and the account holder ('account' or 'user' or 'you') and supersedes any oral agreement(s).

1.2 Modification of Agreement
nBank may modify this Agreement, amplify it, and/or modify its prices, as well as discontinue or change any or all services offered.

1.3 User's Responsibility to Review Agreement
Prior to implementing any change, nBank will endeavor to notify its users via e-mail or notice published on line that the change will be implemented; however, nBank is not obligated to do so. It is the sole responsibility of each user to review the Terms and Conditions Agreement on a regular basis, and to be familiar with, and abide by, the agreement. Regardless of whether advance notice is given of a pending change in policy, nBank will post a notice on line indicating that a change has been made once any modification, amplification, or other change has formally been put into effect.

1.4 User's Acceptance of Policy or Any Changes
If you do not agree to the nBank Terms and Conditions Agreement, or to any change that might later be made, it is your sole obligation to notify our accounting department so we may initiate a closure of your account. Your use of the account at any time, without notification to nBank that you object to the Agreement or any change(s) to it shall be construed as an acceptance by you of the Terms and Conditions Agreement and/or any changes to it.

2.0 PROVISION OF SERVICES

2.1 Basis for Service
nBank will provide services on its computing and network systems to individual account holders in exchange for timely payment of fees and compliance with the terms and conditions of this agreement.

2.2 Type of Service
nBank services are defined as the use by the account of computing, telecommunications, network software, and information services provided by nBank. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Internet.

2.3 Need for Adult Authorization for Minors
nBank services include access to the USENET discussion groups ('newsgroups'). Some of the discussions contain language or pictures about subjects intended for adult audiences. Account holders younger than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this. If you are a minor's parent or legal guardian, you may authorize the establishment of an account for the minor, or for the minor to access a family account, but you shall assume all liabilities resulting from the minor's use of nBank services and/or the Internet.

3.0 BILLING

3.1 Billing Pay Period
Users may choose to be billed monthly, quarterly or annually. Billing is due on or before the first day of the month for a billing cycle, and covers services for that billing cycle. Bills are usually prepared on or around the 10th of the month prior to the start of the billing cycle on the first of the following month.

3.2 Start of Service
nBank will begin providing service to you after it receives payment for the billing cycle you have selected. Payment may be made by credit card or check. If payment is made by check, nBank reserves the right to wait until the check has cleared before starting service. Service is based on a calendar month basis and covers full months only. No partial usage or credit will be issued. The effective billing start date for any service will be the first day of the month which the service was started, even if its the last day of the month.

3.3 Billing Information
You agree to provide nBank with accurate and complete billing information, including your legal name, address, and telephone number. In the case of corporate accounts, nBank reserves the right to require a company officer or principal to guarantee payment of the company's obligations. You are required to notify nBank immediately if any of your account information changes. Payment for a nBank account or service(s) by fraudulent means will result in immediate termination of the account, and the matter will be referred to the appropriate law enforcement authorities.

3.4 Payments
Payments are due prior to the start of the pay period, which begins on the first day of the month. Bills are usually prepared on or around the 10th of the month prior to the billing cycle start date. If you pay by credit card, payments will be authorized soon after the bills are created, however will be settled on or after the bill due date. ALL PAYMENTS ARE NON-REFUNDABLE.

3.5 Account Delinquency
Payments not received by the due date will result in the services being suspended. A $5.00 reactivation fee will be charged to resume service when payment is received.

YOU MAY NOT CANCEL YOUR ACCOUNT SIMPLY BY CHOOSING NOT TO PAY AN INVOICE. IN ORDER TO CANCEL YOUR ACCOUNT YOU MUST COMPLY WITH THE PROVISIONS OF SECTION 5.0 BELOW.

Unless and until your account is formally terminated in writing, you are responsible for paying the account charges, even if you do not use the account or are not able to use it.

3.6 User's Failure to Receive Invoice
It is your responsibility to ensure that nBank receives payment for the next billing cycle on or before the due date of the payment. You should therefore be aware of when your billing cycle begins. If you have not received an invoice for a billing cycle, it is your responsibility to ensure that payment is received on time. Failure to receive an invoice is not justification for not paying for service. Upon notification that you have not received an invoice, we will supply you with another. Notifying us that you have not received an invoice will not change the date on which payment is due. If payment is not received on time, your account becomes delinquent and may be suspended.

3.7 Declined or Cancelled Credit Card Paymentss and Bounced Checks
Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. If you pay by check and it is returned unpaid for any reason, your account will be considered delinquent. Should your account become delinquent due to a bounced check or any credit card cancellation or "chargeback", you agree to pay a service fee of $25.00 to cover our costs in addition to the balance due. That service fee plus the amount due for services must be paid in full before the account suspension will be lifted.

3.8 Updating Credit Card Information
When your credit card expires or if it is cancelled for any reason, you are required to furnish nBank with updated information, including the new expiration date and any other information needed to process your account. Failure to provide nBank with updated information may result in account suspension, and may consider your account to be delinquent.

3.9 Billing Disputes
If you believe that nBank has billed you incorrectly, you must contact us no later than thirty days after the billing due date on which the error or problem appeared in order to receive an adjustment or credit. Inquiries must be directed to nBank (support@nBank.net), and should include all available information about the suspected error. No requests for remuneration, reimbursement, or refunds based upon any representations made by a nBank representative shall be binding on nBank unless such representation has been confirmed by nBank in writing and contains the complete name of the person making the representation and the person making the representation had the actual authority to make the representation.

3.10 Collection of Unpaid Accounts
If your account is delinquent and/or unpaid for any reason, nBank may refer the matter to a collection agency or pursue payment through counsel. Should your account be referred to collection, you agree to pay an additional service charge of $125.00 plus any additional collection fees. If it is necessary for us to file a lawsuit to collect any unpaid amounts, you agree to pay all costs associated with the suit, including reasonable attorney's fees.

3.11 Partial Month Usage
Services are provided in full monthly increments beginning on the first day of the calendar month of the start of service. Use of any account for any portion of a the current billing cycle will make you responsible for the entire billing cycle. Any successful presentation of username and password will constitute usage of service.

4.0 USE OF SERVICES

4.1 Sharing of Accounts
nBank personal dial-up accounts are not shared accounts, and are for individual use only. If you have such an account, you may not communicate your password to others to enable them to use your account as an additional user. Doing so will be considered theft of services, and appropriate action will be taken, including immediate termination of the account without refund.

4.2 Responsibility for Password and Use of Account
Your password is your responsibility, and you are responsible for its security. You are solely responsible for all activity undertaken on your account, whether taken with or without your knowledge. Corporate account holders are responsible for the actions of all individuals accessing or using their accounts, whether or not such individuals have been authorized to use or access the account. Family account holders are responsible are responsible for their actions and the actions of all minors accessing or using their accounts, whether or not such individuals have been authorized to use or access the account.

4.3 Unlawful Activities.
You may use nBank services for lawful purposes only, and must comply with all applicable copyright and trademark laws. You are prohibited from storing, distributing, or transmitting any unlawful matter at or through nBank services. Examples of unlawful activity include, but are not limited to, direct threats of physical harm, child pornography, unauthorized use of copyrighted, trademarked, or other proprietary material. You may not post, upload or otherwise distribute copyrighted material through nBank servers or networks without the consent of the copyright holder. You further agree not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. You will be solely responsible for any civil or criminal liabilities or penalties that arise from engaging in any unlawful behavior.

4.4 Maintaining Proper Equipment and Software
You are responsible for obtaining and maintaining any communications equipment necessary to connect to nBank services, including modems, computer hardware and software, and long distance or local telephone service. This includes protection from intrusion whether it be by virus, email, or any other means.

4.5 On-line Inactivity
Connections of users who have been on line for ten minutes without activity will be reset in order to ensure modem reliability. This will log out users that may have a hung line and reset the connection to try again.

4.6 Use Only While Logged In
You may use nBank system resources only while you are logged in and active. Active means sitting at your computer and using the Internet. You may not use any ping or any other programs to keep your connection active while you are away. Violation of this policy will result in termination of your service.

5.0 ACCOUNT CANCELLATIONS

5.1 No Oral Cancellation of Accounts
All cancellation of accounts (not issued by nBank) must be done in writing.

Under no circumstances will oral cancellation of accounts be accepted.

5.2 Method of Cancellation
To cancel your account, you must contact nBank Billing Department via e-mail, fax, or postal mail. E-mailed cancellations must be sent to 'support@nBank.net'. Cancellation requests must include the account's login name, password, your name, address, phone number, and other identifying information as it appears in nBank billing records. If the information provided to nBank for an account does not match the account's records, cancellation may be delayed or prevented.

5.3 Credits and Refunds Upon Cancellation.
THERE ARE NO REFUNDS. You must cancel service before the start of a billing cycle, otherwise you will be responsible for the charges in the next cycle. No refunds for the unused portion of a billing cycle for cancelling service.

5.4 Termination by nBank of Delinquent Accounts
As set forth above in Section 3.6, you may not cancel your account simply by choosing not to pay an invoice. Non-payment of an invoice will merely result in the suspension of your right to access your account, which will be placed on delinquent status. Account charges will continue to accrue even if the account is not used. If the account remains in delinquent status for a complete billing cycle, nBank may, but is not obligated to, cancel your account. If nBank chooses to cancel an account for delinquency, the effective date of cancellation for billing purposes shall be the last day of the billing cycle in which the service is cancelled, regardless of the date on which termination formally occurs and the account will be referred to collection.

5.5 Termination of Accounts by nBank for Cause
nBank reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct that nBank, in its sole discretion, believes violates its Terms and Conditions Policy, or its otherwise harmful to nBank interests or the interests of other users. Users whose accounts are terminated for cause are not entitled to reimbursement for unused time.

5.6 Data Relating to Cancelled Accounts
nBank will maintain all information relating to cancelled accounts for ten days on its servers. Users of cancelled accounts may, within the ten-day period request that the material be held for a period not to exceed thirty days from the effective date of cancellation to enable the user to make arrangements to retrieve any of user's data from nBank. At the end of the ten-day period if no request is made, at the end of the thirty-day period if a request is made, or on the day data is retrieved by the user, whichever event occurs first, nBank shall have the right, but not the obligation, to delete and/or dispose of all material relating to the cancelled account. Once so deleted, the information shall not be retrievable by the user. nBank reserves the right to refuse to permit retrieval of any information from cancelled accounts that have past due balances, and may delete any or all data as if the user declined to retrieve it at the end of the thirty-day period.

5.7 Return of Network Numbers
All assigned network numbers (i.e. IP addresses) must be returned to nBank upon account cancellation or termination.

5.8 Reinstatement of Account
All cancelled accounts are subject to a service charge of $5.00 per account if a request is made to reinstate the account.

6.0 nBank RIGHTS

6.1 Initiating Investigations
nBank accounts are provided for use in conformance with this Agreement and all applicable laws and regulations. nBank reserves the right, but is not obligated, to investigate suspected violations of this Agreement. Such an investigation may include gathering information from the account holder or account holders involved and the complaining party, if any, and examination of material on nBank servers.

6.2 Pendency of Investigations
During an investigation, nBank may suspend your account or accounts involved and/or remove the material involved from its servers. If nBank, in its sole discretion, believes that a violation of this Agreement has occurred, it may, but is not required to, take responsive action. Such action includes, but is not limited to temporary or permanent removal of material from nBank servers, the cancellation of newsgroup posts, the issuance of a warning to the account holder or account holders responsible, the suspension or cancellation of the account or accounts responsible, the referral of the matter to the appropriate law enforcement authorities, and or the institution of civil or criminal proceedings. Each matter will be handled on a case by case basis.

6.3 Release of Information.
nBank reserves the right to release the user names of account holders involved in violations of system security to system administrators at other sites. nBank will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

6.4 Waiver of Right to Information.
If you are or have been under investigation, you expressly waive your right to obtain or view any information relating to the investigation or any results of the investigation.

6.5 Creation of Logs
nBank may, but is not obligated to, log instances of abuse of system resources; account activity; FTP sessions; and/or similar information. You expressly waive your right to obtain or view any information relating to any log prepared or maintained by nBank.

7.0 'AS IS' SERVICES; LIMITATION OF LIABILITY; INDEMNIFICATION

7.1 'As Is' Services
You acknowledge that nBank services are provided 'as is.' nBank, its employees, agents, suppliers, vendors, and distributors make no warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, servers, or systems, or that nBank services will be uninterrupted or error free. nBank expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.

7.2 Limitation of Liability
nBank shall not be liable to you for any loss, damage, liability, claim, or expense arising out of or in relation to this Agreement or your use of or inability to use nBank services, other than for payment of fees due under this Agreement, and for indemnification under the Section 7.3, however caused, whether grounded in contract, tort (including negligence or theory of strict liability). Use of information obtained from or through nBank is at your own risk. Under no circumstances will nBank be liable to you or any other person or entity for any loss or damage caused by reliance on data or information available from or on nBank services and systems. You agree to waive and hold nBank harmless from any claims relating to any action taken by nBank as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages whatsoever from nBank as a result of nBank decision to remove material from its servers, cancel a newsgroup or newsgroup posting, warn you, suspend or terminate your account, notify law enforcement authorities, report information regarding you or your account to others, or take any other action during the investigation of a suspected violation or as a result of nBank conclusion that a violation has occurred.

IN NO EVENT SHALL nBank BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE nBank SERVICES. nBank ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT nBank OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES.

In any case, nBank entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve months prior to the act or injury that gave rise to your claim of liability. Some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and nBank limits its liability in such jurisdictions only to the degree allowed by the applicable laws.

7.3 Indemnification.
You agree to defend, indemnify, and hold nBank harmless from any claims, losses, and damages, including attorney's fees, resulting from your violation of any of the provisions of this Agreement or your placement or transmission of any materials or content on nBank servers, or from any and all use of your account, with or without your knowledge or consent.


8.0 MISCELLANEOUS.

8.1 Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflict of laws principles, and the parties consent to exclusive personal jurisdiction of and venue in a court of competent jurisdiction located in and serving Hampshire County, Massachusetts.

8.2 Survival of Payment Obligations
Your obligations to pay nBank any sums owed to it, to indemnify and/or hold nBank harmless, and all limitations on liability shall survive termination of this agreement.

8.3 Unenforceability.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.

Technical Support Hours: M-F 9-7, Sat 9-5. Call 1-877-581-1903 or email info@nbank.net