End-user Terms of Service
Updated on 10/20/02
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.
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.
Your Privacy Policy Here
Your Billing Policies Here
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.
