|
INTERNET
SERVICE AGREEMENT
1. INTRODUCTION By using this Internet service
("Service") or by establishing an account, you agree to be bound by
this Agreement and to use the Service in compliance with this Agreement, our
Acceptable Use Policies and all other use policies (collectively, the
"Terms of Service"). If you do not agree to the Terms of
Service, including any future revisions, you may not use the Service, and if you
have an account you must terminate it as provided herein. We, your
Internet service provider (the "ISP"), reserve the right to revise the
Terms of Service and you accept sole responsibility for periodically reviewing
them for any and all changes. Your continued use of this Service following
the posting of any revisions to the Terms of Service constitutes your acceptance
of those revisions.
2.
SUBSCRIBER OBLIGATIONS
(A)
End users establishing an account with the ISP ("Members") must be at
least 18 years old. Local access dialup numbers may not be available in all
areas. You are solely responsible for determining if use of a particular dialup
number will cause you to incur long-distance, toll, or other charges. ISP is not
responsible for any long-distance, toll or other charges you incur.
(B)
Members must (i) provide ISP with accurate and complete billing information
including legal name, address, telephone number, and credit card/billing, and
(ii) report to ISP all changes to this information within 30 days of the change.
Members are responsible for all charges to their account.
(C)
Members are billed each month for the basic service and any additional usage or
services. Members are responsible for paying all charges billed to their account
in the manner and method prescribed on their invoice. ISP is not responsible for
any charges or expenses (overdrawn accounts, exceeding credit card limits, etc.)
resulting from charges billed by ISP.
(D)
If ISP has failed to pay any underlying service provider all amounts owing for
your account - whether or not you have paid ISP - your account will be subject
to suspension or cancellation until you or ISP has paid all amounts due.
(E)
Delinquent accounts may be suspended or canceled at ISP's sole discretion;
however, charges will continue to accrue until the account is canceled. ISP may
bill an additional charge to reinstate a suspended account.
3.
MEMBER'S ACCOUNT, PASSWORD AND SECURITY
Members
receive a user name, password and account designation upon registration. You and
members of your household are the only authorized users of your ISP account and
must comply with this Agreement. You must keep your password confidential so
that no one else may access the Service through your account. You must notify
ISP within 24 hours of discovering any unauthorized use of your account.
Using
a personal account for high volume or commercial use (e.g., revenue generation,
advertising, etc.) is prohibited. Email accounts exceeding 10MB in size may, at
ISP's discretion, be transferred to a compressed temporary file or storage. ISP
may delete the temporary file from the server 60 days after notifying you. Any
Member Web site exceeding 10MB of disk space or 250MB of data transfer will be
billed for excess usage. You may establish a commercial or high-volume account
by the ISP.
Usernames,
passwords and email addresses are ISP's property and ISP may alter or replace
them at any time.
4.
MONITORING THE SERVICE
ISP
has no obligation to monitor the Service, but may do so and may disclose
information regarding the use of the Service for any reason if ISP, in its sole
discretion, believes that it is reasonable to do so, including but not limited
to: satisfy laws, regulations, or governmental or legal requests; operate the
Service properly; or protect itself and its Members. Please see our Privacy
Policy, (Privacy
Policy 24 Hour Support).
ISP may immediately remove your material or information from ISP's servers, in
whole or in part, which ISP, in its sole and absolute discretion, determines to
infringe another's property rights or to violate our Acceptable Use Policy, (http://www.24hoursupport.com/aup.html).
5.
DISCLAIMER OF WARRANTIES
EXCEPT
FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY
ISP, ISP DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON
THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ISP HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND
RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR
EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICE, PRODUCTS,
AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ISP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE
OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ISP MAKES NO EXPRESS WARRANTIES AND
WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ISP OR THE
INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ISP OR ITS REPRESENTATIVES
SHALL CREATE A WARRANTY.
6. LIMITATION
OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL ISP, EMPLOYEES, SUBSIDIARIES, ITS LICENSORS OR ANY
UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR THE INTERNET
INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ONCONTRACT, TOTRT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF ISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, ISP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
7.
INDEMNIFICATION
Upon
a request by ISP, you agree to defend, indemnify, and hold harmless ISP and its
subsidiary and other affiliated companies, and their employees, contractors,
officers, and directors from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use or misuse of this site. ISP reserves
the right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with ISP in asserting any available defenses.
8. SOFTWARE
LICENSE
ISP
grants to each Member a limited, non-exclusive, non-transferable and
non-assignable license to install and use the ISP access software (including
software from third-party vendors that ISP distributes) (in object code format),
its associated documentation, and any updates thereto ("Licensed
Programs") in order to access and utilize the Service. Each Member agrees
to use the Licensed Programs solely in conjunction with the Service and for no
other purpose. ISP may modify the Licensed Programs at any time, for any reason,
and without providing notice of such modification to a Member.
The
Licensed Programs constitute confidential and proprietary information of ISP and
ISP's licensors and embody trade secrets and intellectual property protected
under United States copyright laws, other laws, and international treaty
provisions. All right, title, and interest in and to the Licensed Program,
including associated intellectual property rights, are and shall remain with ISP
and ISP's licensors. Member shall not translate, decompile, reverse engineer,
distribute, remarket or otherwise dispose of the Licensed Program or any part
thereof.
You
may not download, use or otherwise export or re-export the Licensed Programs or
any underlying information or technology except in full compliance with all
United States and other applicable laws and regulations. By installing or
downloading the Software, you represent and warrant that you are not located in,
under the control of or a national or resident of any country on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders.
9.
WEBSITE USAGE and OTHER WEB SITES
The
Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because ISP has no control over such sites and resources,
you acknowledge and agree that ISP is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
ISP shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such
site or resource.
Some
portions of the Website are made available for the free exchange of ideas by
participants and are not regularly monitored nor moderated by ISP. ISP assumes
no responsibility and makes no warranty that it will undertake to screen or
remove such material. You agree to hold ISP harmless from all claims based upon
the materials posted by others. Also, in exchange for availing yourself of the
opportunity to upload or provide information to this site and any associated
chat rooms or discussion areas, you will indemnify ISP from any claims made by
third parties regarding the material that you provide. Personal information
posted by you to the Website is posted at your own risk. ISP will have no
liability arising from use of that information. You shall not use the Website to
distribute or publish any advertising of goods or services, solicitations for
funds, or other commercial messages. You agree that you will not post, upload or
otherwise introduce a virus or other harmful code onto the Website.
Your
posting of material on the Website or providing material to ISP to use on the
Website, will be deemed to be a grant by you to ISP of a perpetual,
non-revocable, worldwide, non-exclusive license to the material to include the
material on the Website and to reproduce, publish, distribute, perform, display,
and transmit the material and to prepare derivative works as reasonably
necessary to do so, and you waive all rights of attribution and integrity with
respect to the material.
10.
TERM OF AGREEMENT
Continued
use of the Service constitutes acceptance of this Agreement and any future
versions. If you are dissatisfied with the Service or any related terms,
conditions, rules, policies, guidelines, or practices, your sole and exclusive
remedy is to discontinue using the Service and, if you are a Member, to
terminate your account.
11.
ACCESS
ISP
provides unlimited interactive access to the internet.
ISP reserves the right to refuse, limit or restrict service to Clients
with unreasonable usage. Unreasonable uses include, but are not limited to large idle
times and excessive mail checks. Accounts
with greater than 200 hours per month may be asked to switch to a dedicated port
plan to cover the cost of maintaining a dial line for their use.
ISP reserves the right to suspend the account or take other appropriate
action.
12.
TERMINATION
ISP
reserves the right, in its sole discretion, to terminate your account, your
password and your use of the Service, with or without notice.
You
may terminate your account at any time and for any reason by providing notice of
intent to terminate to ISP by:
*
telephone calls directed to Customer Service.
*
registered or certified mail, return receipt requested addressed to ISP.
Email
termination of your basic Internet access account will not be accepted. If your
account included space on ISP's servers, anything stored on this space will be
deleted upon termination.
Section
2, the third paragraph of Section 3, and Sections 5, 6, 7, 12 and 13 of this
Agreement shall survive termination of this Agreement.
12.
THIRD PARTY BENEFICIARY
YOU
AGREE THAT ANY UNDERLYING SERVICE PROVIDER OF ISP'S SERVICE IS A THIRD-PARTY
BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED TO ALL THE RIGHTS AND
PROTECTIONS AFFORDED BY THIS AGREEMENT TO ISP DESCRIBED HEREIN.
13. MISCELLANEOUS
This
Agreement, the Acceptable Use Policy, the Privacy Policy, and ISP's other user
policies posted on ISP's website constitute the entire agreement between you and
ISP with respect to your use of the Service.
ISP
may revise, amend, or modify this Agreement, the Acceptable Use Policy and any
other user policies, at any time and in any manner. Any revision, amendment, or
modification will be effective immediately after ISP posts it at website for the
policy.
This
Agreement is governed by the law of the state in which ISP operates its main
office without regard to conflict of law provisions. The federal and state
courts located in said state alone have jurisdiction over all disputes arising
out of or related to this Agreement and the Service. You consent to the personal
jurisdiction of such courts sitting in said state with respect to such matters
or otherwise between you and ISP, and waive your rights to removal or consent to
removal.
Ver.
03/2000
|
|
|
