License- Please be sure to read all the way to the bottom PLEASE BE SURE TO READ ALL THE WAY TO THE BOTTOM OR YOU WILL NOT BE ABLE TO PROCEED

TERMS OF USE

It is our policy to offer either limited or unlimited*, uncensored access to the Internet. We do not and cannot control the content, quality or accuracy of information available through our system or over the Internet in general. However, as with any user-oriented service, our service has certain policies and rules that will be enforced for your benefit and all other Internet users throughout the world. Please read this document carefully before continuing to use an account with us. This Agreement, including the Terms of Use, our Privacy Policy and any other terms, conditions and policies published on our site from time to time constitute the entire agreement between you and our company.  By using our services, you agree to be bound by this Agreement.
 
If you do not agree to this Agreement, you should immediately end use of our services and software and notify our customer service department so that we may close your account. We may modify these Terms at anytime, and such modifications shall be effective immediately on posting of the modified Terms to this site. Review the site periodically for any updates to these Terms. Your continued access and use of the site shall be deemed your conclusive acceptance of any modifications to these Terms.

1. Use of Services

• YOU AGREE THAT BY USING THIS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

• You agree to provide us with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to us within 30 days of the change.

• By accepting this Agreement, you agree that you are responsible for all charges posted to your account until either of us terminates the account.

• We reserve the right at our sole discretion to terminate your service or terminate this Agreement upon your breach of this Agreement. Your breach includes refusal or failure to pay for services provided, indication of credit problems including delinquent payments or rejection of credit card charges, or performing activities deemed harmful to our company.

• You agree to use our services for lawful purposes in compliance with all applicable laws. Transmission of any data, information or material in violation of any federal, state, or international law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. You may not, under any circumstances, use our services in an unlawful manner, including: (i) posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including civil liability; (ii) intercepting or attempting to intercept e-mail; or (iii) uploading files that contain software or other material protected by copyright laws unless you own or control the rights of the material.

  • You will not download, import, export or re-export any data, information or material except in full compliance with all applicable international and United States laws and regulations, including all United States export laws and regulations.

  • Electronic mail and other transmissions passing across the Internet and through use of our service is not confidential. Therefore, we do not guarantee the protection or privacy of any information of any subscriber.

  • Our accounts are provided for use in conformance with these Terms. We reserve the right to investigate suspected violations of the Terms. If we become aware of possible violations, we may initiate an investigation. This may include gathering information from you and the complaining party, if any, and examining material on our servers. We will not disclose such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise on the advise of counsel.

  • During an investigation, we may suspend the account or accounts involved and/or remove the material involved from our servers. If we believe that a violation of these Terms has occurred, we may take responsive action at our sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from our servers, cancellation of news group posts, warnings, and the suspension or termination of the account or accounts responsible. At our sole discretion, we will determine what action must be taken in response to a violation on a case-by-case basis. Violation of these Terms may also subject you to criminal or civil liability.

2. Use of Material

• Except as noted, material in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using our services. You may also re-distribute material in the public domain; however, you assume all risks determining whether material is in the public domain.

• You are prohibited from storing, distributing or transmitting any unlawful material through our services. Examples of unlawful material include, but are not limited to, direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. You may not post, upload or otherwise distribute copyrighted material on our servers without the consent of the copyright holder. Storage, distribution, or transmission of unlawful materials could subject you to criminal as well as civil liability, in addition to the actions outlined above.

• You may not store or distribute certain types of material on our servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojan horses and tools to compromise the security of other sites. Additionally, we reserve the right to enforce, at our sole discretion, what we consider as community standards in regard to your web site content, or access to content on your web site. This includes, but is not limited to, text, images, sounds, movies, and embedded functions.

3. Passwords

• Our Basic Service accounts are for individual use only. You may not share passwords or accounts with other individuals.

• We shall provide initial passwords to you. You have the ability to, and are encouraged to change your password on a regular basis.

• We may monitor the security of your passwords at any time. You may be directed to change the password to one that complies with our Terms. Continued failure to maintain password security may be grounds for account termination.

4. System Security

• You are prohibited from utilizing our services to compromise our security or to tamper with our system resources or accounts on any of our computers, routers, terminal servers, modems, or other equipment at our site or any other. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. Any attempt to access our corporate assets is strictly prohibited.

• In order to assist in resolving security incidents, we reserve the right to release your name to other system administrators. We will also fully cooperate with law enforcement officials in investigating suspected violations.

5. System Resources

• We will allocate system resources to provide the best service possible. As part of resource allocation, we may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and the number of sessions.

• Additionally, we may institute services and fees for those who are interested in accessing system resources above and beyond acceptable usage.

• System abuse is defined as any use of our resources that disrupts the normal use of system or Internet services for others. Examples of abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of time, memory, disk space, or bandwidth or otherwise adversely affecting the performance of our servers or networks.

• We may log instances of abuse of system resources, including those outlined above, and take action as appropriate.

• You may not run programs that provide network services from your account. Examples of prohibited programs include, but are not limited to, mail, http and irc servers, or multi-user interactive forums.

• You may only make use of our system resources while logged in.

6. Acceptable Use

Acceptable use is defined as the normal activities associated with the use of the Internet, including use of our systems and network facilities for accessing the www, irc, usenet news, e-mail, and other Internet features. Depending on the account type, this may include a moderate amount of file storage on our servers for your own web page and file access area (ftp).

7. Prohibited Activities
Activities specifically prohibited by our administration include, but are not limited to, the following:

• Background and/or server-type applications. Applications including irc bots, http servers, muds, and any other process that continues execution on the system upon user logout.

• Long-term storage of data. Long-term storage of data is referred to as the storage of files that are not used regularly in an account for an extended period of time. This specifically includes, but is not limited to, programs such as shareware programs that you download for purposes of transferring data to your home computer. These programs must be removed at such time as they are successfully transferred to your system.

• Flooding or abuse of other users. Flooding is prohibited at our site. Flooding takes place in numerous ways, including icmp flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), and mass mailings to multiple addressees, msg/ctcp flooding on irc.

• Attempts to compromise system and/or network security. Programs such as packet sniffers, password crack programs, and similar utilities found to be running from a user's account are prohibited. This also includes attempts to hack into other systems.

• Sharing of accounts. Sharing of your account with another party for purposes of avoiding payment for a second account is strictly prohibited.

• Attempts to bypass resource usage limitations. In order to provide fair service to all our users, we have implemented certain resource limitations including disk quotas on the servers and idle time-outs on dial-ups. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges. Attempts to bypass the idle time-outs are also prohibited.

• Supporting multiple users for a business through an individual account. The regular dial-up accounts (host links) are designed for individual home or business use and not for the level of service required to support multiple users in a business. Therefore, supporting multiple users in a business with an individual account is prohibited. If multiple accesses from a business is desired, please contact our sales department.

• Excessive use of system resources. For systems, this is defined as the continued use of programs or commands which take a large amount of system resources, such as processor time, network bandwidth, and/or drive space on the host system. For dial-up applications, this primarily prohibits the continued use of a dial-up port to simulate a dedicated connection for the user's system. Dial-up accounts are designed to provide on-demand access, not a dedicated connection. If a dedicated connection is desired, please contact our sales department.

  • E-mail abuse. E-mail abuse typically includes (i) transferring messages to unsolicited individuals, (ii) sending harassing and/or threatening messages to other users, or (iii) omitting an e-mail address to make the e-mail appear to be sent from another user.

  • Usenet news abuse. As in e-mail abuse, this includes forging an e-mail address, harassment/threats, posting the same message to multiple newsgroups (spamming), as well as posting information in groups where it is not relevant and unwanted.

  • Pyramid/money-making schemes. Activities such as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables, or the use of pyramid/chain letters are all prohibited.

  • Pirated software. Pirated software is the illegal exchange of software via the Internet for purposes of avoiding purchase of software by the individuals involved. This includes most commercial applications such as adobe photoshop, illustrator, etc. Such activities are prohibited by federal law and are thus not allowed in any form. This prohibition also includes unauthorized copying of copyrighted material including digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. Exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.

  • High-traffic web sites. Individual accounts are intended to provide access to individuals only. As most individual pages are fairly low-traffic, the performance for everyone using the system is optimal. However, some individuals occasionally choose to put content on their pages that draw a large number of hits and thus degrade performance of the system. Due to this, we have had to implement certain limits on the amount of traffic an individual's home page can receive. Typically a page can safely receive around 4,000 to 5,000 hits per day and/or transfers under 3 megs per day without causing excessive load on the system. Sites generating more than this must be moved to other co-located services where they are better able to service extra traffic.

8. Abuse Of Service; Disclosure Of Customer Information

• Our Company has no obligation to monitor the Service but may do so from time to time and may disclose information regarding your use of the Service to comply with applicable laws, including without limitation the Electronic Communications Privacy Act (18 U.S.C. 2701 et seq.), to comply with appropriate government requests, to operate our systems properly or to protect our Company or our customers.

• Our Company will cooperate with law enforcement authorities in investigating suspected lawbreakers. We reserve the right to report to law enforcement any suspected illegal activity of which it becomes aware.

• If our Company receives a complaint or otherwise becomes aware of any possible violation of this Agreement, it may, in its sole discretion, initiate an investigation. You agree to cooperate with any such investigation.

• You will be liable for any damage to Our Company, Company owned equipment, Upline provider equipment or any system that is associated with the delivery of the Service as well as any damage to third parties, in the event you engage in any conduct that is commonly referred to as access violations (hacking/cracking), data theft, spamming, mass emailing, junk emailing, "mail bombing," "news-bombing," automated bulk mailing of messages, content or communications or any other prohibited activity listed in Section 9 above by use of the Service under this Agreement.

• WHEN USING SERVICES, DATABASES, COMPUTER SYSTEMS OR WEBSITES OF OTHERS PROVIDED VIA THE NETWORK PROVIDED BY OUR COMPANY, YOU AGREE TO COMPLY WITH ANY OF THEIR COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS.

9. Offensive or Adult Materials

• Our Company does not knowingly accept adult content material of any kind. Otherwise, We exercise no control over the content of materials, including but not limited to email, chat sessions, Usenet news postings, web pages or other content produced by users/subscribers, accessed through the Internet, including via our provided network. Some materials may be defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, discriminatory, or illegal and may be offensive to certain groups of individuals. IF YOU ALLOW A CHILD UNDER 18 YEARS OF AGE TO ACCESS THE INTERNET THROUGH YOUR ACCOUNT, A PARENT OR LEGAL GUARDIAN MUST AUTHORIZE SUCH USE VERIFYING THAT THE PARENT OR LEGAL GUARDIAN UNDERSTANDS THAT THE CHILD WILL HAVE ACCESS TO SUCH MATERIALS AND THAT OUR COMPANY ACCEPTS NO RESPONSIBILITY OF MONITORING AND AND/OR CONTROLLING SUCH ACCESS.

• You agree not to publish any such offensive material described above, or to conduct business, activities or solicit activities prohibitive by law.

10. Children's Online Privacy Protection Act
Customers operating websites or online services directed to children or operators of websites or online services who have actual knowledge that the person from whom they seek information is a child, agree:

• To post prominent links on their websites to a notice of how they collect, use, and/or disclose personal information from children;

• To notify parents that they wish to collect information from their children and obtain parental consent prior to collecting, using, and/or disclosing such information;

• Not to condition a child's participation in online activities on the provision of more personal information than is reasonably necessary to participate in the activity; and

• To allow parents the opportunity to review and/or have their children's information deleted from the operator's database and to prohibit further collection from the child; and to establish procedures to protect the confidentiality, security, and integrity of personal information they collect from children.
   
  By agreeing to the terms and conditions of this Agreement, you release(s) our company from all claims, including but not limited to those under the Children's Online Privacy Protection Act (15 U.S.C. 6501 et seq.), arising from your and other individuals' exposure to material that you or such other individuals may find offensive.

11. Penalties for Abuse

All prohibited activities are subject to immediate termination of your account and any and all criminal and civil penalties available under the law. We will not reimburse you for service that is suspended or disabled due to prohibited activities.

12. Local Internet Access

While we strive to provide local access to our users, we do not guarantee such service. It is your responsibility to verify with the telephone carrier whether the calls made to access our site are local. We make no warranties as to whether we provide you with local Internet access. You are responsible for paying your own dial-up telephone charges for accessing the Internet as well as for technical support lines. We will not reimburse you for any telephone or long distance charges.

13. Indemnification

You agree to defend, indemnify and hold us and our affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, relating to or arising from, any violation of these Terms by you or those who access the service through your account, or the use of the services or the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by you or by those who have access to the services through your account.

14. Warranties

OUR INTERNET SERVICE IS PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO (I) THE QUALITY OF SERVICES PROVIDED, (II) THE ACCURACY OF BILLING, OR (III) THE AVAILABILITY OR RIGHT TO USE ANY LOGIN NAME, E-MAIL ADDRESS, OR WEB PAGE ADDRESS. LOGIN NAMES, E-MAIL ADDRESSES, AND WEB PAGE ADDRESSES ARE NOT CONFIRMED AT THE TIME OF SIGN-UP OF ANY USER. WE WILL NOT REFUND ANY CHARGES FOR THE REPRINTING OF STATIONERY OR ANY OTHER LOSSES INCURRED. NO WARRANTIES ARE EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

15. Limitation of Liabilities

USE OF YOUR ACCOUNT, AND ANY DATA ACCESSED USING THAT ACCOUNT, IS COMPLETELY AT YOUR OWN RISK. OUR CUMULATIVE LIABILITY, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, IS LIMITED TO THE CURRENT MONTH'S BASIC SERVICE CHARGE. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES THAT (I) RESULT, OR MAY RESULT FROM USE OF, OR INABILITY TO USE OUR SERVICE AND/OR ANY SOFTWARE OBTAINED THROUGH US; OR (II) RESULT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSE, OR OTHER HARMFUL COMPONENTS, LIBEL OR INTELLECTUAL PROPERTY INFRINGEMENT BY OTHERS, OR DELAYS IN OPERATION, AVAILABILITY, OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT OCCURRING BY NEGLIGENCE, ACTS OF GOD, COMMUNICATIONS FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS, OR (III) OR DAMAGES RELATED TO YEAR 2000 READINESS OR COMPLIANCE, WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOT, REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states our liability is limited to the full extent permitted by law.

16. Payment Terms

• You acknowledge, agree and assume full responsibility for making timely full payments for your Internet account. Timely payments include maintaining billing information given to you for each Internet account which you must keep current. Those users who choose to make payment with credit cards must provide us with their full names, billing addresses, credit card numbers and expiration dates. It is your responsibility to timely notify us of any changes in your credit card account.

• You will be assessed a $25.00 fee for any returned checks you have made out to our company.

• If your account is turned over to a collection agency due to nonpayment, you will be responsible for collection fees and any associated reasonable attorney's fees.

• We reserve the right to cancel any account without notice due to non-payment. In the event that you fail to make timely, full payment of each invoice, we reserve the right to charge interest, late fees and/or reactivation charges on the delinquent user's account.

• In the event of cancellation by you, you must contact us in one of the following manners: via e-mail or mail, or you may call us, followed by written confirmation by you, properly addressed to and received by us within ten (10) days from the date of telephone cancellation. All cancellations require 30 days advanced notice. Notification of cancellation must be accompanied by the user's login name in order for a cancellation to be effectuated. No refunds are paid on the final 30 days of service or for partial month of service.

• Non-usage of an account is not proof of cancellation of service. You are responsible for full payment on all accounts whether or not the account is ever utilized. All original software must be returned to us in order for you to be entitled to any refund. In the event that you fail to return the original software to us, you will be billed for a minimum of one month's service.

• Billing is done on a monthly basis. Charges for the use of an account are for a full month's service and are not pro-rated in the event of cancellation.

• Any billing discrepancies shall be presented to us in reasonable detail, in writing, within twenty (20) days of the date of the charge. Such notification shall not relieve you of the obligation to make all payments, including the amounts disputed by the due date. If you fail to dispute the charge after twenty (20) days from the date of the charge, you waive your right to make any such dispute and all such charges will be deemed valid.

• In the event that you pre-pay for an Internet account, you are entering into a one-year commitment contract. Upon early cancellation of your one-year pre-paid service, We reserve the right to withhold full payment for the service year.

• You agree that at the end of the term of the Internet account initially agreed to by you or any term thereafter, we may, at our sole discretion, automatically renew such Internet account for an additional term. You further agree that upon renewal of such Internet account, we may continue to charge your credit card or seek other form of payment from you, for which you shall be responsible. In the event that you do not wish to automatically renew such Internet account, it is your sole responsibility to notify us of such intent prior to the expiration of such term.

MISCELLANEOUS

• Modifications
  We reserve the right to modify the terms and conditions of this Agreement, including, but not limited to adding new policies, at any time, with or without notice. Any changes to this Agreement will be communicated promptly on our Web site. Be sure to check back periodically.

• Strict Performance

  • Our failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

• Governing Law

  • This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, and to the extent allowable, the substantive laws of the State of New York shall apply to this Agreement. Any legal action or other proceeding brought by either party shall be filed in the State of New York.

• Assignment

  • Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any other third parties without our prior written consent.