Enduser Terms of Service
ISPFlash. ("ISPFlash.Net") 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.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO
OTHER WARRANTY IS EXPRESSED OR IMPLIED.
ISPFlash exercises no control whatsoever over
the content of the information passing through ISPFlash.Net's system. Use of any
information obtained via ISPFlash is at User's risk. Neither ISPFlash 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 ISPFlash 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
ISPFlash, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. NEITHER ISPFlash 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 ISPFlash, 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 ISPFlash
IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, ISPFlash'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 ISPFlash in
operating the Service, User's sole and exclusive remedy is to discontinue using the
Notwithstanding anything to the contrary
herein contained, User agrees to indemnify and hold ISPFlash, 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 ISPFlash, 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 ISPFlash 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 ISPFlash shall confer as to and agree on the legal counsel(s) to
be selected in any such defense.
User represents to ISPFlash 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. ISPFlash has no control over and accepts no
responsibility whatsoever for such materials.
User may not:
send unsolicited email, (known as 'spam') to
anyone residing on our servers or through our servers, or when dialed into the network.
The following types of email sent constitute as spam: Forged email To/From address other
than from the actual sender or to the actual recipient. Message subject not related to the
email body. Email not requested by the recipient. mass emails carried out by automated
restrict or inhibit any other user from using and enjoying
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 webspace 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 rightholder;
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 Maillist, 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.
ISPFlash has no obligation to monitor the
Service. However, User agrees that ISPFlash 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. ISPFlash will not intentionally monitor
or disclose any private E-mail message unless required by law. ISPFlash 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. ISPFlash 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 ISPFlash following payment of a reconnection charge, to be determined by ISPFlash in
its sole and absolute discretion.
User agrees to limit their use of the ISPFlash
service, specifically regarding the use of ISPFlash's electronic (email) services, to the
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.
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 ISPFlash service.
User agrees to be held responsible for the distribution of
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. ISPFlash RESERVES THE RIGHT TO CHARGE USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF ISPFlash SERVICES, A ONE-TIME FEE OF $200
PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR ISPFlash SERVICE VIA
CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, ISPFlash 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 ISPFlash SERVICES FOR VIOLATION OF ANY OF THESE
Limitation of Web Hosting Services
Although ISPFlash advertises "Unlimited
Bandwidth" in regards to some of its services there are several limitations applied.
The sole purpose of these limitations are intended of unnecessary use of ISPFlash services
by any such User, which restricts system availability for other such Users. These
limitations apply only to Hosting offered by ISPFlash.
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.
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 ISPFlash 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 ISPFlash services by any such User, which restricts overall ISPFlash
system availability for other such Users. These limitations apply only to Dial-Up access
services offered by ISPFlash.
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 ISPFlash
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
ISPFlash 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 ISPFlash. Service is provided as an unlimited service provided that
you may not use the provided connection as a dedicated connection.
ISDN Access Restrictions
User agrees that for all ISDN Accounts that
they will be limited to 300 channel hours of access per month. If the customer exceeds the
300 channel hour limit, there account will be temporarily disabled until the first of the
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 "Your
ISP" 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 ISPFlash of any
changes in credit card number or expiration date. If the card is not honored for any
reason, ISPFlash will attempt to notify the card holder by using the telephone information
given at sign-up or by E-mail. ISPFlash will call the card holder, 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 ISPFlash 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.
ISPFlash 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 ISPFlash
utilizes an attorney to collect any unpaid amounts, User shall be responsible for the
payment of all of ISPFlash'S attorneys' fees and costs in the collection of these sums.
ISPFlash reserves the right to change prices
at any time without prior notice to it's customers or the public. Price changes will not
be retroactive for existing customers, regardless of the length of their existing service
Right to Cancel
ISPFlash reserves the right to cancel Service
for any reason without prior notice. Pre-paid service is non-refundable. ISPFlash will not
refund any shipping or handling fees. Cancellations after the first of the month will be
charged for that month.
User must notify ISPFlash 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 ISPFlash are
Information transmitted through ISPFlash and
through the Internet in general is not confidential. ISPFlash can not and shall not
guarantee privacy or protection of any User. ISPFlash 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 ISPFlash.
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.
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. 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
ISPFlash does not and will not perform system
backups on any User's E-mail account(s). ISPFlash 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, ISPFlash
will not provide historical data, to any party for any reason, regarding any system or
ISPFlash does not and will not perform system
backups on any web sites. ISPFlash 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, ISPFlash will not provide historical data,
to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
ISPFlash may deny User access to all or part
of the Service without notice if User engages in any conduct or activities that ISPFlash
in its sole discretion believes violates any of the terms and conditions in this
Agreement. If ISPFlash denies User access to the Service because of such a violation, User
shall not have the right (1) to access through ISPFlash 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 ISPFlash, and ISPFlash 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.
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 ISPFlash's
system for periods exceeding (5) five hours, in any single continuous session. User
authorizes ISPFlash to enforce these restrictions by appropriate software and network
measures, automated and manual.
User agrees to notify ISPFlash if User moves
or otherwise changes his or her mailing address or phone number, and to list a truthful
name, postal address and telephone number on the forms User supplies to ISPFlash.
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.
ISPFlash'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.
ISPFlash 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 Illinois 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.
ISPFlash 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 ISPFlash.
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 [Your ISP Name] as the defendant, shall be proper
only in a venue determined by ISPFlash.
In any action between ISPFlash and User to
enforce any of the terms of this Agreement, ISPFlash shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire
agreement between User and ISPFlash with respect to the Service.