Enduser Terms of Service - Updated
on 12/9/2003
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.
Privacy Policy
Neither TexlaNet or Intersite Technologies
will never openly provide, sell, distribute any personal information
about any of our clients unless given direct verifiable permission by
the customer or under direct legally served signed court order.
Billing Policies
All billing processing will take place on either the 25th or first
of each month. Account will be active from the 1st day of each month
till the last day of each month. All payments will be processed by
Intersite technologies, Inc. by use of the required on file valid credit
card or debit card provided by the customer. There are not partial
months and accounts cancelled during a given billing month will be
cancelled on the 29th day of the month that the cancellation request
was made. There will be no partial month refunds.
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 States of Arkansas 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.
