Terms of Service
Note: All your users are bound by these terms of service.
iConnect llc.
("iConnect llc") agrees to provide you ("User") with those
services ("Service") set forth on the Application subject to User's
compliance with the terms and conditions below.
PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty
Disclaimer
THE FOREGOING
WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR
IMPLIED.
iConnect llc
exercises no control whatsoever over the content of the information passing
through iConnect llc'S system. Use of any information obtained via iConnect llc
is at User's risk. Neither iConnect llc nor any of its affiliates, its
licensers, its contractors or their respective employees warrant that the
Service will be uninterrupted or error free; nor does iConnect llc make any
warranty as to the results from use of the Service.
THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY iConnect llc, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER iConnect llc NOR ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL
ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES
OR OTHER HARMFUL COMPONENTS.
Limitation of
Liability
UNDER NO
CIRCUMSTANCES SHALL iConnect llc, ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY
FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR
ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO
ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT iConnect llc IS
FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, iConnect
llc'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is
dissatisfied with the Service or with any terms, conditions, rules, policies,
guidelines or practices of iConnect llc in operating the Service, User's sole
and exclusive remedy is to discontinue using the Service.
Indemnification
Notwithstanding
anything to the contrary herein contained, User agrees to indemnify and hold
iConnect llc, its affiliates, its licensers, its contractors or their
respective employees harmless against any and all liability, loss, claim,
judgment, damage and expense including without limitation attorney's fees and
cost of litigation) incurred or suffered by iConnect llc, its licensers, its
affiliates, its contractors, or their respective employees as the result of any
and all use of User's account whether authorized or not authorized or as a
result of the negligence, willful misconduct, or breach of any of the terms of
this Agreement by User, including but not limited to claims, liabilities,
losses, damage, judgment and expense which arise out of alleged injury or death
of any person or damage to property of every kind and description. User shall
promptly notify iConnect llc in writing of any claim of which it is obligated
under this indemnity. User shall have the right to assume the defense of any
such claim. User and iConnect llc shall confer as to and agree on the legal
counsel(s) to be selected in any such defense.
Age Limit
User represents
to iConnect llc 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. iConnect llc has no control over and accepts no responsibility whatsoever
for such materials.
Prohibited Uses
User may not:
restrict or
inhibit any other user from using and enjoying the Internet;
post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene,
pornographic, profane, or otherwise objectionable information of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, national or international law, including
without limitation the U.S. export control laws and regulations;
post on web space
provided any sexually explicit materials or materials that may be offensive.
post or transmit
any information or software, which contains a virus, cancelbot, trojan horse,
worm or other harmful component;
post, publish,
transmit, reproduce, distribute or in any way exploit any information, software
or other material obtained through the Service for commercial purposes (other
than as expressly permitted by the provider of such information, software or
other material);
upload, post,
publish, transmit, reproduce, or distribute in any way, information, software
or other material obtained through the Service which is protected by copyright,
or other proprietary right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or right holder;
upload, post,
publish, transmit, reproduce, transmit or distribute in any way any component
of the Service itself or derivative works with respect thereto;
send unsolicited
advertising or promotional materials to other network users (See section titled
"MESSAGING");
allow users to
run Mail list, Listserv or any form of auto-responds from User's account;
run or activate
processes while User is not logged in;
violate the
security of any computer network, crack passwords or security encryption codes,
transfer or store illegal material including that deemed threatening or
obscene, or engage in any kind or illegal activity;
attempt to defeat
any idle timer or system tool intended to enforce the part-time and personal
nature of User's connection, including the use of pingbots and other methods of
avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP
SERVICES"); or
violate any of
the rules, regulations and policies of those networks and computer systems
accessed via User's account.
iConnect llc has
no obligation to monitor the Service. However, User agrees that iConnect llc
has the right to monitor the Service electronically from time to time and to
disclose any information as may be necessary to satisfy any law, regulation or
other governmental request, to operate the Service properly, or to protect
itself or its subscribers. iConnect llc will not intentionally monitor or disclose
any private E-mail message unless required by law. iConnect llc 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. iConnect llc reserves the right
to suspend access to the Service for User's account. The account's suspension
may be rescinded within the sole and absolute discretion of iConnect llc
following payment of a reconnection charge, to be determined by iConnect llc in
its sole and absolute discretion.
Messaging
User agrees to
limit their use of the iConnect llc service, specifically regarding the use of
iConnect llc's electronic (email) services, to the following restrictions:
Unauthorized Use
of Relay Servers
User agrees that
any unauthorized use of any email server located throughout the Internet for
the purposes of relaying or distributing messages is prohibited.
Fraudulent
Addressing
User agrees that
the purposeful distribution of any email message where the return address,
originator's address, or any other identifiable aspect of the message has been
purposefully altered, is prohibited. User may not purposefully misrepresent the
origination information of any email messages sent while using the iConnect llc
service.
Fraudulent
Content
User agrees to be
held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY
OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE,
VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS
"MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE
PENALTY OF $200. iConnect llc RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD,
IF ON FILE FOR USE IN PAYMENT OF iConnect llc SERVICES, A ONE-TIME FEE OF $200
PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR iConnect llc
SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, iConnect llc RESERVES
THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER
VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF
iConnect llc SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web
Hosting Services
Although iConnect
llc advertises "Unlimited Bandwidth" in regards to some of its services
there are several limitations applied. The sole purpose of these limitations is
intended of unnecessary use of iConnect llc services by any such User, which
restricts system availability for other such Users. These limitations apply
only to Hosting offered by iConnect llc.
Restricted
Content
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.
Bandwidth
Restrictions
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. If the
request is not met within 5 days, we do reserve the right to remove the website
from our system.
Limitation of
Dial-Up Services
Although iConnect
llc advertises "Unlimited Access" in regards to some of it's Dial-Up
services, there are several limitations applied. The sole purpose of these
limitations are intended to limit the amount of unnecessary use of iConnect llc
services by any such User, which restricts overall iConnect llc system
availability for other such Users. These limitations apply only to Dial-Up
access services offered by iConnect llc.
Idle Timeout
User agrees to
have their online session automatically terminated after ten (10) minutes of
consecutive inactivity. Inactivity is defined as less than 500 bytes of data
transferred between User's modem and the iConnect llc service.
Maximum Single
Session
User agrees to
have an online session automatically terminated after five (5) hours of
consecutive time, regardless of data transferred during such specific online
session.
Minimum
Re-Connect Limit
User understands
they cannot log back onto the iConnect llc system for a time period of one (1)
minute following the termination of their previous online session, regardless
of the reason for the previous session's termination.
Multiple,
Concurrent Online Sessions
User agrees to
maintain no more than one (1) concurrent online session for each PPP/ISDN
account purchased.
Starnet Access
Restrictions
User agrees to
not use the service as a dedicated connection. The determination of what a
dedicated connection is shall be at the sole determination of iConnect llc.
Service is provided as an unlimited service provided that you may not use the
provided connection as a dedicated connection.
UU.net Access
Restrictions
User agrees that
for all UU.net locations, that they will be limited to 150 hours of access per
month. If a customer exceeds the 150-hour limit, there account will be
temporarily disabled until the first of the next month.
Terms of Payment
A credit card
User agrees to allow "IConnect llc" to bill his or her card on each
successive billing date without obtaining User's permission after the initial
charge. A credit card User shall notify iConnect llc of any changes in credit
card number or expiration date. If the card is not honored for any reason,
iConnect llc will attempt to notify the cardholder by using the telephone
information given at sign-up or by E-mail. iConnect llc will call the
cardholder, and if alternative billing has not been established, the account
will be terminated. Restoring the account will be subject to a setup fee of
$10.00.
If payment is by
check, payment due dates are indicated on User's invoice. Dishonored checks are
subject to a collection fee to be determined by iConnect llc in its sole and
absolute discretion and User's account may be suspended until the account is
current. If payment is not received , service will be terminated and a setup
fee of $10.00 will be added to charges for additional Service.
iConnect llc
maintains the right to terminate Service for any unpaid subscriptions. Accounts
in default are subject to an interest charge of 2.5% per month on the
outstanding balance. Termination of Service shall not relieve User from the
obligation to satisfy outstanding invoices. In the event iConnect llc utilizes
an attorney to collect any unpaid amounts, User shall be responsible for the
payment of all of iConnect llc'S attorneys' fees and costs in the collection of
these sums.
iConnect llc
reserves the right to change prices at any time without prior notice to its
customers or the public. Price changes will not be retroactive for existing
customers, regardless of the length of their existing service subscription.
Right to Cancel
iConnect llc
reserves the right to cancel Service for any reason without prior notice.
Pre-paid service is non-refundable. iConnect llc will not refund any shipping
or handling fees. Cancellations after the first of the month will be charged
for that month.
User must notify
iConnect llc via telephone or in writing to cancel Service. Cancellations shall
not be honored by electronic mail. Fees for any setup, shipping and handling,
and monthly service charges placed by iConnect llc are non-refundable.
No
Confidentiality
Information
transmitted through iConnect llc and through the Internet in general is not
confidential. iConnect llc cannot and shall not guarantee privacy or protection
of any User. iConnect llc reserves the right to monitor any User's
transmissions when deemed necessary for providing proper service and/or to
protect the rights and property of iConnect llc.
Customer
Information
Unless required
by court order, subpoena or other legal request, or upon the advice of counsel,
"Your Company Name" may publish User's name and other consumer
information in one or more directories, which may be accessed by other Internet
users. In addition, unless User notifies "Your Company Name" to the
contrary as provided above, "Your Company Name" may make such
information available to third parties from time to time. User understands
further that merchants on the Internet may have access to such information and
may make it available to third parties in accordance with their normal
practices unless User notifies those merchants directly that User does not wish
such information to be made available.
Non-transferable
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 login session
per system account at any time. Violation of those terms shall constitute theft
of Service and may be prosecuted under civil and criminal law.
Purchases on the
Service
If User wishes to
make purchases on the Service, User may be asked by the merchant or information
or service provider from whom User is making the purchase to supply certain
information, including credit card or other payment mechanism information. User
agrees that all information User may provide any merchant or information or
service provider on the Service for purposes of making purchases shall be
accurate, complete and current. The merchants and information and service providers
offering merchandise, information and services on the Service set their own
prices and may change prices or institute new prices at any time. User agrees
to pay all charges incurred by users of User's account and credit card or other
payment mechanism at the prices in effect when such charges are incurred. User
shall also be responsible for paying any applicable taxes relating to purchases
on the Service.
No System Backup
iConnect llc does
not and will not perform system backups on any User's E-mail account(s).
iConnect llc 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, iConnect llc
will not provide historical data, to any party for any reason, regarding any
system or Internet activity.
iConnect llc does
not and will not perform system backups on any web sites. iConnect llc 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. Except as
otherwise set forth herein, iConnect llc will not provide historical data, to
any party for any reason, regarding any system or Internet activity.
Failure to Comply
With Terms and Conditions
iConnect llc may
deny User access to all or part of the Service without notice if User engages
in any conduct or activities that iConnect llc in its sole discretion believes
violates any of the terms and conditions in this Agreement. If iConnect llc
denies User access to the Service because of such a violation, User shall not
have the right (1) to access through iConnect llc 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 iConnect llc, and iConnect llc 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
User agrees to
remain signed into the network only when actually making use of same, and to
disconnect when idle for significant periods of time (more than 10 minutes).
User also agrees to not remain connected to iConnect llc's system for periods
exceeding (5) five hours, in any single continuous session. User authorizes
iConnect llc to enforce these restrictions by appropriate software and network
measures, automated and manual.
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.
iConnect llc'S
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.
iConnect llc 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
Indiana 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.
iConnect llc
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 the reasonable control of iConnect llc.
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 iConnect
llc as the defendant, shall be proper only in a venue determined by iConnect
llc.
In any action
between iConnect llc and User to enforce any of the terms of this Agreement,
iConnect llc shall be entitled to recover expenses, including reasonable
attorney's fees.
This Agreement
constitutes the entire agreement between User and iConnect llc with respect to
the Service.
This page and its contents are
Copyright © 2001 iCONNECT, llc
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