Terms of Service (TOS) – Updated 12/20/2004
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.
No
warranties are made regarding the service. We do not guarantee that the service
will be uninterrupted or error-free. While we feature a filtering system
designed to block pornography and illegal websites, we do not guarantee that
the filtering will block 100% of these types of sites. We also do not warrantee that the filtering
service will be uninterrupted or error-free. The service is provided on an
"as is" basis.
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.
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.
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. While we make our best
effort to block access to such sites, no filtering system can be 100% accurate
and you agree to not hold us responsible for any imperfections with the
filtering system.
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.
User
agrees to allow provider to enforce a 10-minute idle timeout and a 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 our dialup access service is limited to 250 hours per month.
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.
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.
·
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.
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. User may cancel the
service at any time; however, no refunds for unused service will be given upon
cancellation.
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.
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.
When you sign-up for any of our services, we will require that
certain information be submitted. When this information is sent to us,
you can rest assured that it will not be given to anyone else. All
information that we receive is used for internal company use only. We
have not, do not, and will not sell any of your personal information, nor will
we use it for any purpose than is clearly stated in this document.
Some acceptable uses for your information are as follows: We may
use your personal information to make you aware of important service
announcements (i.e. price changes, billing problems, service outages) without
your prior consent. We may also make
some of your personal information available to our technical support provider
and to our customer service employees.
However, by submitting any information to us, you will not be put on a
sales mailing list, unless you specifically opt-in to one.
Certain pages of our site may send
"cookies" to your browser. These cookies will allow us to identify
your computer when you are on our site.
They are in place for your convenience and for us to track the
effectiveness of our marketing efforts.
They do not, and cannot, collect any personal information about you or
your computer. Cookies are in place on this site for your convenience only.
Although we recommend their use, everything we have to offer will function
correctly even if cookies are turned off.
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.
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 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.
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.