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Enduser Terms of Service:
We agree to provide you with those services set
forth at the time of signup and you agree to abide by the restrictions
made below. In the event of any violation of the below terms and
conditions of using our service, we reserve the right to suspend
or terminate your account immediately, without notice. If you do
not wish to be bound by the below terms and conditions of using
our service, then you may not access the service.
Warranty Disclaimer:
No warranty's are made regarding the service. We
do not guarantee that the service will be uninterrupted or error
free. We exercise no control whatsoever over the content of information
that is passed through our system. The service is provided on an
"as is" basis.
Responsibility of Use:
User shall assume all responsibility for all content
distributed, accessed, or viewed while connected to our service.
Under no circumstance shall we be held liable for your actions while
you are using the service. In the event of a court order, we may
provide any and all information that they request of us to them.
Limitation of Liability:
Under no circumstances shall we, our agents, our
providers, or employees be liable for any damages, which result
in any way from user's use or inability to use the service or any
part thereof. This includes all direct and indirect damages, special,
punitive or consequential damages that may result from busy signals,
errors, delays in the service, deletion of files, viruses, theft,
or alteration of a user's computer. In the event that we are found
liable under any circumstance under the terms of this agreement,
our liability shall be limited to the unused balance of user's subscription
payment pro-rated to reflect the current term.
Age Limit:
User represents to us 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.
Sexually Explicit Materials:
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. We have no
control over and accept no responsibility whatsoever for such materials.
Restrictions of Use:
User understands that the following restrictions
are applied to the service:
User May Not:
- Send SPAM, or bulk email when dialed into the
network.
- Post offensive, threatening, or SPAM, when using
the newsgroups.
- Use their personal FTP site for business sites.
- Post or transmit viruses or any harmful component
to others.
- Transmit anything that is protected by copyright
without permission.
- Attempt to violate the security of any computer
network
- Engage in any illegal activity.
Dialup Restrictions:
User agrees to allow provider to force a 10 minute
idle timeout and 5 hour maximum session on their dial-up account.
Attempts to defeat the idle timer using a ping bot or system tool,
or the use of a redialer to automatically reconnect once disconnected
is prohibited. Inactivity is defined as less than 500 bytes of data
transferred between User's modem and the service.
User understands that unlimited service does not
mean dedicated service. Dedicated service shall be defined as an
average of more than 15 channel hours a day, based on a 30 day calendar
month usage report. User may be blocked and forced to upgrade to
continue service if their unlimited account is used as a dedicated
connection.
User understands that some services may be offered
as limited. Once the user has reached their limit, they shall not
have access to the internet until the 1st of the next month. User
will not be given and may not purchase more than one limited account
in an attempt to get unlimited access on a limited service. If user
wants unlimited, they must purchase an unlimited account.
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.
Email Restrictions:
- User agrees that Port 25 (SMTP) is blocked for
all outgoing mail servers except our own.
- User may not send to more than 25 recipients
at a time.
- User may not send more than 100 emails per hour
period.
- User may not send from an email address that
is not their own.
- User may not send an email that is over 10 MB
in size.
- User may not forge message headers to hide the
origin of their email.
- Provider may block certain attachment types
used in transmitting viruses.
- Email is kept on the server for only 60 days.
Hosting Restrictions:
- User may not run any daemons on the server.
- User may not run any program that sends out
bulk email through the hosting server.
- User may not run any formmail.pl program earlier
than version 1.92
Although we advertise unlimited bandwidth, we reserve
the right to inform you that you must transfer your website if an
excessive amount of bandwidth is being used. User may not purchase
more than 1 hosting package and link them together in an attempt
to get around our bandwidth or website size restrictions. We currently
do not allow websites that exceed 15 GB of bandwidth per month to
host on our servers. If the request is not met within 5 days, we
do reserve the right to remove the website from our system.
You agree not to post any of the following restricted
contents: Illegal, Abusive or Unethical Activities include, but
are not limited to, pornography, obscenity, nudity, violations of
privacy, hacking, computer virus, gambling, or promotion of gambling,
and any harassing or harmful materials or uses, as determined by
us. You agree to indemnify and hold us harmless from any claim resulting
from your publications or use of Illegal, Abusive or Unethical materials.
We 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.
Right to Cancel:
We reserve the right to cancel Service for any reason
without prior notice. In the event that a user's service is cancelled
for a reason outside of this TOS, we will refund the user the unused
portion of that month's service at the time of cancellation.
System Backups:
We do not and will not perform system backups on
any User's E-mail account(s). We 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, we will not provide historical data,
to any party for any reason, regarding any system or Internet activity.
Although we do perform system backups on hosting
content, we 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. User should always keep their own
backup of their website. Except as otherwise set forth herein, We
will not provide historical data, to any party for any reason, regarding
any system or Internet activity.
We do not perform backups on the mysql databases.
We shall not be held responsible for any lost data. User should
always keep their own backup of their database content.
No Confidentiality:
Information transmitted through us and through the
Internet in general is not confidential. We can not and shall not
guarantee privacy or protection of any User. We reserve the right
to monitor any User's transmissions when deemed necessary for providing
proper service and/or to protect the rights and property of our
company.
Failure to Comply With Terms and Conditions:
We may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that
we in our sole discretion believes violates any of the terms and
conditions in this Agreement. If we deny User access to the Service
because of such a violation, User shall not have the right (1) to
access through us 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 us, and we 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.
Miscellaneous:
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.
Our 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.
We 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 State of Washington 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.
We 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 our reasonable control.
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 us as the defendant, shall
be proper only in a venue determined by us.
In any action between us and User to enforce any
of the terms of this Agreement, We shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement
between User and us with respect to the Service.
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