Note: All users are bound by these Terms of Service.
[CLIENT]. ("[CLIENT]") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.
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.
If after signing up for the service the User has connectivity problems from the moment of activation that cannot be resolved by [CLIENT] or our network technicians, then [CLIENT] will provide the User a full refund. Connectivity problems include constant busy signals, authentication issues and overall POP performance that cannot be rectified by [CLIENT]. This only applies during the initial turn up of an account. (Defined as the first ten (10) days). If the User decides to terminate the service with [CLIENT] after the initial turn up, then the User's account will be assessed a $15.00 termination fee and converted to month to month service for billing purposes. The remaining difference will then be refunded. This applies to all pre paid accounts, annual, semi annual or otherwise. Monthly accounts will not be credited any refund for cancellation after the initial 10 day grace period. Cancellation within the initial 10 grace period for reasons other than connectivity issues, or failure on end users part to allow [CLIENT] adequate opportunity to correct connectivity issues may result in a charge of one (1) months normal billable service to end users account.
If User wants to convert an established month to month service account that is in good standing with [CLIENT] to a pre paid annual service account, the User must contact [CLIENT] before the end of the calendar month in which the User established service. The monthly fee the User has already paid will then be applied towards the annual subscription cost and the account will then be treated as if it were an annual account from its initial activation.
User agrees that for all published [CLIENT].net access numbers, there will be a defined monthly hourly usage limit this limit can range from 150 hours to Unlimited hours per user per month depending on the User's network choice. The User agrees that once the monthly limit is reached that the account will be placed in stasis until the 1st day of the next calendar month. User agrees that unlimited service is not to be used as dedicated service. Any user who abuses the connectivity of the service may have his account disabled and / or terminated
User agrees that their online session may be 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 [CLIENT] service.
User agrees that their online session may be automatically terminated after four (4) hours of consecutive time, regardless of data transferred during such specific online session.
User understands they cannot log back onto the [CLIENT] 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.
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
[CLIENT] exercises no control whatsoever over the content of the information passing through [CLIENT]'s system. Use of any information obtained via [CLIENT] is at User's risk. Neither [CLIENT] 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 [CLIENT] 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, NONINFRINGEMENT, 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 [CLIENT], ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER [CLIENT] 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.
UNDER NO CIRCUMSTANCES SHALL [CLIENT], 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 [CLIENT] IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, [CLIENT]'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 [CLIENT] in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold [CLIENT], 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 [CLIENT], 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 [CLIENT] 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 [CLIENT] shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
User represents to [CLIENT] 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.
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. [CLIENT] has no control over and accepts no responsibility whatsoever for such materials.
User understands that port 25 is restricted for all outgoing mail servers. User must send mail through our mail server when connected to the network.
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.
[CLIENT] has no obligation to monitor the Service. However, User agrees that [CLIENT] 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. [CLIENT] will not intentionally monitor or disclose any private E-mail message unless required by law. [CLIENT] 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. [CLIENT] 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 [CLIENT] following payment of a reconnection charge, to be determined by [CLIENT] in its sole and absolute discretion.
User agrees to limit their use of the [CLIENT] service, specifically regarding the use of [CLIENT]'s electronic (email) services, to the following restrictions:
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
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 [CLIENT] service.
Transmission of unsolicited email or promotional material.
Users of [CLIENT].net's services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of this restriction will result in a ten dollar penalty for each email address for which the unsolicited or promotional material was sent. All costs associated with the collection of this fee will be the responsibility of the violator. In addition, [CLIENT].net reserves the right to prosecute the user for breach of this contract and the violating user acknowledges they have purposefully and intentionally damaged [CLIENT].net's brand and image in the marketplace. The violator agrees to pay any and all legal costs incurred by [CLIENT].net associated with each violation.
User agrees to be held responsible for the distribution of fraudulent materials.
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. [CLIENT] RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF [CLIENT] SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR [CLIENT] SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, [CLIENT] 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 [CLIENT] SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Information transmitted through [CLIENT] and through the Internet in general is not confidential. [CLIENT] can not and shall not guarantee privacy or protection of any User. [CLIENT] 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 [CLIENT].
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.
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.
[CLIENT] does not and will not perform system backups on any User's E-mail account(s). [CLIENT] 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, [CLIENT] will not provide historical data, to any party for any reason, regarding any system or Internet activity.
[CLIENT] does not and will not perform system backups on any web sites. [CLIENT] 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, [CLIENT] will not provide historical data, to any party for any reason, regarding any system or Internet activity.
[CLIENT] may deny User access to all or part of the Service without notice if User engages in any conduct or activities that [CLIENT] in its sole discretion believes violates any of the terms and conditions in this Agreement. If [CLIENT] denies User access to the Service because of such a violation, User shall not have the right (1) to access through [CLIENT] 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 [CLIENT], and [CLIENT] 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.
[CLIENT] Internet Services process's all billing 2 times a month. On the 5th and on the 20th. All accounts activated between the 1st and the 15th of any said month will be billed on the 5th. All accounts that are activated between the 16th and the end of said month will be billed on the 20th. This includes the pre paid annual service as well as the month to month service.
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 [CLIENT]'s system for periods exceeding (4) four hours, in any single continuous session. User authorizes [CLIENT] to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify [CLIENT] 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 [CLIENT].
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.
[CLIENT]'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.
[CLIENT] 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 of State of Ohio 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.
[CLIENT] 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 [CLIENT].
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 [CLIENT] as the defendant, shall be proper only in a venue determined by [CLIENT].
In any action between [CLIENT] and User to enforce any of the terms of this Agreement, [CLIENT] shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and [CLIENT] with respect to the Service.