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TERMS OF SERVICE:
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.
By clicking the submit button, you
agree that you will not dispute any charges Cpunet
Internet. deems correct, to your credit card. You
also agree that by signing up with Cpunet Internet.
for Internet service, this does not make them liable
for your connection to the Internet, the speed of
the connection, or whether you are able to connected
or not. You hereby agree that the service is valid
and that any problems with your connection are the
sole responsibility of the end-user (you) and not
the responsibility of Cpunet Internet.. Furthermore,
you agree that if you contest these charges, you
will be liable for any amounts due, any cost to
Cpunet Internet. incurred as a result of the
contested charges, and any fees that may be incurred
in the collection of the debt as a result of the
contested charge. You also agree that Cpunet
Internet. will charge a minimum internal fee of no
less than $50.00 for each contested charge.
Cpunet Internet. agrees to provide you with those
services set forth on the Application subject to
User's compliance with the terms and conditions
below.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND
NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Cpunet Internet. exercises no control whatsoever
over the content of the information passing through
Cpunet Internets system. Use of any information
obtained via Cpunet Internet. is at User's risk.
Neither Cpunet Internet. 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 Cpunet
Internet. 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, NON INFRINGEMENT, 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
Cpunet Internet. , ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER Cpunet Internet. 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 Cpunet Internet., 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 Cpunet Internet.
IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE
TERMS OF THIS AGREEMENT, Cpunet Internet. 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 Cpunet Internet. 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 Cpunet
Internet., 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 Cpunet Internet., 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 Cpunet
Internet. 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 Cpunet Internet. shall confer as to and agree on
the legal counsel(s) to be selected in any such
defense.
Age Limit
User represents to Cpunet Internet. 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. Cpunet Internet. has no control over
and accepts no responsibility whatsoever for such
materials.
Prohibited Uses
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.
emails sent in bulk by sender.
mail bombs.
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 ping bots
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.
Cpunet Internet. has no obligation to monitor the
Service. However, User agrees that Cpunet Internet.
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.
Cpunet Internet. will not intentionally monitor or
disclose any private E-mail message unless required
by law. Cpunet Internet 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.
Cpunet Internet. 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 Cpunet Internet.
following payment of a reconnection charge, to be
determined by Cpunet Internet. in its sole and
absolute discretion.
Messaging
User agrees to limit their use of the Cpunet
Internet. service, specifically regarding the use of
Cpunet Internets 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 Cpunet Internet. 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. USER ALSO AGREES
TO THE IMMEDIATE TERMINATION OF Cpunet Internet.
SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although Cpunet Internet. 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
Cpunet Internet. services by any such User, which
restricts system availability for other such Users.
These limitations apply only to Hosting offered by
Cpunet Internet..
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 Cpunet Internet. 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 Cpunet Internet.
services by any such User, which restricts overall
Cpunet Internet. system availability for other such
Users. These limitations apply only to Dial-Up
access services offered by Cpunet Internet..
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 Cpunet Internet. service.
Maximum Daily Usage
User agrees to a maximum usage time of eight (8)
hours per day on a dial-up account. Accounts
exceeding this limit are subject to termination at
the discretion of Cpunet Internet.
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
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
Cpunet Internet.. 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 to not use the service as a dedicated
connection. The determination of what a dedicated
connection is shall be at the sole determination of
Cpunet Internet.. 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 to not use the service as a dedicated
connection. The determination of what a dedicated
connection is shall be at the sole determination of
Cpunet Internet.. Service is provided as an
unlimited service provided that you may not use the
provided connection as a dedicated connection.
A credit card User agrees to allow Cpunet Internet.
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
Cpunet Internet. of any changes in credit card
number or expiration date. If the card is not
honored for any reason, Cpunet Internet. will
attempt to notify the card holder by using the email
information. Cpunet Internet. attempt to
contact the card holder, and if alternative billing
has not been established, the account will be
terminated. Activating a new account, for an account
which has been completely* removed from our systems
(and the end of each month), will be subject to a
setup fee of $8.00 if the customer requests for the
accounts reinstatement.
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
Cpunet Internet. 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 $8.00
will be added to charges for additional Service.
Cpunet Internet. 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 Cpunet
Internet. utilizes an attorney to collect any unpaid
amounts, User shall be responsible for the payment
of all of Cpunet Internet. attorneys' fees and costs
in the collection of these sums.
Cpunet Internet. 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 subscription.
Right to Cancel
Cpunet Internet. reserves the right to cancel
Service for any reason without prior notice. At
Cpunet Internets discretion, pre-paid service is
refundable. Account holder will be billed at $14.95
for each month the account has remained active. All
months beyond this activity period will be refunded
at Cpunet Internet. discretion. Account which lack a
activity record, or if the user fails to
authenticate a single session will be refunded at
the customer’s request. Cpunet Internet. will not
refund any shipping or handling fees. Cancellations
immediately after ordering service, will still be
charged for that month.
User must notify Cpunet Internet. via telephone or
in writing to cancel Service. Cancellations shall
not be honored by electronic mail, unless done
through the “Members Control Panel Form”.
No Confidentiality
Information transmitted through Cpunet
Internet. and through the Internet in general is not
confidential. Cpunet Internet. can not and shall not
guarantee privacy or protection of any User.
Cpunet Internet. 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 Cpunet Internet..
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
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
Cpunet Internet. does not and will not perform
system backups on any User's E-mail account(s).
Cpunet Internet. 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, Cpunet Internet will not provide
historical data, to any party for any reason,
regarding any system or Internet activity.
Cpunet Internet. 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, Cpunet Internet will not provide historical
data, to any party for any reason, regarding any
system or Internet activity.
Failure to Comply With Terms and Conditions
Cpunet Internet. may deny User access to all or part
of the Service without notice if User engages in any
conduct or activities that Cpunet Internet. in its
sole discretion believes violates any of the terms
and conditions in this Agreement. If Cpunet
Internet. denies User access to the Service because
of such a violation, User shall not have the right
(1) to access through Cpunet Internet. 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
Cpunet Internet., and Cpunet Internet. 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 Cpunet Internet. system for periods
exceeding (10) ten hours, in any single continuous
session. User authorizes Cpunet Internet. to enforce
these restrictions by appropriate software and
network measures, automated and manual.
User agrees to notify Cpunet Internet. 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 Cpunet Internet..
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.
Cpunet Internet. 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.
Cpunet Internet. 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.
Cpunet Internet. 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 ofCpunet
Internet..
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 Cpunet Internet. as the defendant, shall be
proper only in a venue determined by Cpunet
Internet..
In any action between Cpunet Internet. and User to
enforce any of the terms of this Agreement, Cpunet
Internet. shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire agreement
between User and Cpunet Internet. with respect to the
Service.
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