ISPMonsters.Com
End User Terms of Service
Rev.
09/21/2005
Note: This Terms of Service
applies to all Users.
ISPMonsters.Com ("ISPMonsters.Com") agrees to provide you
("User") with those Services ("Service") set forth on
www.ispmonsters.com and affiliated sites 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. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST CANCEL PER
THE TERMS OUTLINED WITHIN THIS AGREEMENT UNDER RIGHT TO CANCEL.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO
OTHER WARRANTY IS EXPRESSED OR IMPLIED.
ISPMonsters.Com exercises no control whatsoever over the content
of the information passing through ISPMonsters.Coms system. Use of any information obtained via
ISPMonsters.Com is at User's risk. Neither
ISPMonsters.Com 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 ISPMonsters.Com 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
ISPMONSTERS.COM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER ISPMONSTERS.COM 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. ISPMONSTERS.COM IS UNDER NO
OBLIGATION TO ISSUE REFUNDS, CREDITS OR ANY SUCH REIMBURSEMENT FOR INTERUPTIONS
IN SERVICE AS OUTLINED WITHIN THIS AGREEMENT OR OTHERWISE.
UNDER NO CIRCUMSTANCES SHALL ISPMONSTERS.COM, 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
ISPMONSTERS.COM IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, ISPMONSTERS.COMS LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF
USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
UNDER NO CIRCUMSTANCES SHALL ISPMONSTERS.COM, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
EXPERIENCED BY USER THAT RESULT FROM VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES
OR OTHER HARMFUL OCCURANCES.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of ISPMonsters.Com in operating
the Service, User's sole and exclusive remedy is to cancel per the terms
outlined elsewhere in this Agreement.
Notwithstanding anything to the contrary herein contained,
User agrees to indemnify and hold ISPMonsters.Com, 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
ISPMonsters.Com, 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
ISPMonsters.Com 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 ISPMonsters.Com shall confer as to and agree on the legal counsel(s)
to be selected in any such defense.
User represents to ISPMonsters.Com that he or she is 18 years of
age or older. User understands that
certain materials available while using the Service provided under the terms of
this Agreement may not be suitable for individuals under the age of 18.
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. ISPMonsters.Com has no control
over and accepts no responsibility whatsoever for such materials.
User may not:
Send unsolicited E-mail, (known as 'Spam') to anyone
residing on our servers or through our servers, or when dialed into the
network. Use of System for Spam or
other prohibited uses will result in immediate termination of any and all
ISPMonsters.Com accounts registered to the User in violation without notice. The following types of E-mail sent
constitute as Spam:
Forged
E-mails To/From address other than from the actual sender or to the actual
recipient.
Message
subject not related to the E-mail body.
E-mail
not requested by the recipient.
E-mails
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 or transmit any sexually explicit materials or
materials that may be offensive as determined by ISPMonsters.Com;
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 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 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.
ISPMonsters.Com has no obligation to
monitor the Service. However, User
agrees that ISPMonsters.Com 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.
ISPMonsters.Com will not intentionally monitor or disclose any private E-mail
message unless required by law.
ISPMonsters.Com 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. ISPMonsters.Com 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 ISPMonsters.Com following payment of a reconnection charge, to be
determined by ISPMonsters.Com in its sole and absolute discretion.
User agrees to limit their use of the ISPMonsters.Com Service,
specifically regarding the use of ISPMonsters.Coms electronic (E-mail) Services, to
the following restrictions:
User agrees that any unauthorized use of any E-mail server
located throughout the Internet for the purposes of relaying or distributing
messages is prohibited.
User agrees that the purposeful distribution of any E-mail
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 E-mail messages sent while
using the ISPMonsters.Com Service.
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 $500 (USD). ISPMONSTERS.COM
RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT
OF ISPMONSTERS.COM SERVICES, A ONE-TIME FEE OF $500 (USD) PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR
THEIR ISPMONSTERS.COM SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
ISPMONSTERS.COM RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE
ONE-TIME FEE OF $500 (USD) PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE
TERMINATION OF ISPMONSTERS.COM SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
You
agree not to post or transmit 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.
The sole purpose of these limitations are intended to limit
the amount of unnecessary use of ISPMonsters.Com Services by any such User, which
restricts overall ISPMonsters.Com system availability for other such Users. These limitations apply only to Dial-Up
access Services offered by ISPMonsters.Com.
Due to certain conditions which may
exist beyond ISPMonsters.Coms scope and control, user may not always see the same
level of acceleration and in some cases may not see any at all.
User may discontinue the ISPMonsters HiSpeed service at any time, and maintain a
standard ISPMonsters.Com Dial-Up account. User may not receive a prorated refund for
any unused services left in that billing cycle.
User agrees to have their online session automatically
terminated after fifteen (15) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes
of data transferred between User's modem and the ISPMonsters.Com Service.
User agrees to have an online session automatically
terminated after four (4) hours of consecutive time, regardless of data
transferred during such specific online session.
User understands they cannot log back onto the ISPMonsters.Com
system for a period of one (1) minute following the termination of their
previous online session, regardless of the reason for the previous session's
termination.
User agrees to maintain no more than one (1) concurrent
online session for each Dial-Up account purchased.
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 ISPMonsters.Com. User agrees that they will be limited to
200-hours (150-hours in Canada) of access per calendar month. Canadian user agrees that they will be
limited to 150-hours of access per calendar month. If a User exceeds the 200-hour (150-hours in Canada) limit or
appears to be on track to do so in the current month, their account will be
temporarily disabled until the first of the next month. ISPMonsters.Com reserves the right to close
accounts, which near or exceed the hour 200-hour (150-hours in Canada) per
month limitation.
Please be advised that technical support over the telephone is FREE for the first 30 days on new accounts. After the initial 30 days, there is a $4.95 per incident charge for phone based technical support. Email support is provided FREE of charge.
An updated and complete listing of
ISPMonsters.Com access telephone numbers is available at www.ispmonsters.com.
ISPMONSTERS.COM CANNOT REPRESENT OR
GUARANTEE THAT ANY DIAL-UP PORT IS LOCAL.
ISPMONSTERS.COM CANNOT CONFIRM THE LOCATIONS AND CITIES LISTED WITH
CORRESPONDING ACCESS NUMBERS ARE IN FACT THE ACTUAL LOCATIONS OF THE ACCESS NUMBERS. IF ANY DOUBT EXISTS, USER SHOULD CONTACT
THEIR TELEPHONE SERVICE PROVIDER DIRECTLY.
ISPMONSTERS.COM CANNOT BE HELD RESPONSIBLE FOR ANY LONG DISTANCE CHARGES USER
MAY INCUR. ISPMONSTERS.COM, ITS EMPLOYEES OR
ITS AFFILIATES ARE IN NO POSITION TO KNOW WHAT IS LOCAL TO EACH USER AND WHAT
MAY NOT BE LOCAL TO EACH USER.
ISPMONSTERS.COM WILL MAKE NO REIMBURSEMENT, EITHER PARTIAL OR IN-FULL, FOR
ANY LONG DISTANCE OR OTHER TELEPHONE CHARGES INCURRED BY USER WHILE CONNECTED
TO THE SERVICE.
A User who provides payment by credit card or debit card
agrees to allow ISPMonsters.Com to bill his or her card on each successive billing
date. A credit card User shall notify ISPMonsters.Com of
any changes in credit card number or expiration date. If the card is not honored for any reason, and if alternative
billing has not been established, the account will be terminated.
ISPMonsters.Com will not be responsible for bank fees, interest
charges, finance charges, over draft charges, or other charges incurred by User
for exceeding credit card limits, exceeding available bank account balances, or
any other such reason.
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 ISPMonsters.Com in its sole and
absolute discretion up to the amount allowable by law and User's account may be
suspended until the account is current.
If payment is not received, Service will be terminated.
ISPMonsters HiSpeed service is available only with a revolving
credit card account, billed monthly.
Annual accounts are not available for ISPMonsters HiSpeed. Payment by check is not available for ISPMonsters
HiSpeed
ISPMonsters.Com maintains the right to terminate Service for any
unpaid subscriptions. Accounts in
default may be 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 ISPMonsters.Com
utilizes an attorney to collect any unpaid amounts, User shall be responsible
for the payment of all of ISPMonsters.Coms attorneys' fees and costs in the
collection of these sums.
ISPMonsters.Com reserves the right to change prices at any time
without prior notice to its Users or the public. Price changes will not be retroactive for existing Users,
regardless of the length of their existing Service subscription.
All amounts due, referenced on the ISPMonsters.Com web site, or
quoted by representations of ISPMonsters.Com and its affiliates are understood by
User to be in United States Dollars (USD).
Information transmitted through ISPMonsters.Com and through the
Internet in general is not confidential.
ISPMonsters.Com cannot and shall not guarantee privacy or protection of any
User. ISPMonsters.Com 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 ISPMonsters.Com.
Unless required by court order, subpoena or other legal
request, or upon the advice of counsel, ISPMonsters.Com will not publish User's name
and other consumer information.
ISPMonsters.Com will not make such information available to third parties.
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.
User shall be liable for any violations to this Agreement that may occur
during the use of User account.
ISPMonsters.Com provides User with one (1) @ispmonsters.com
e-mail account. Additional @ispmonsters.com
e-mail accounts may be available for sale at www.ispmonsters.com or by calling
customer service.
ISPMonsters.Com does not and will not perform system backups on
any User's E-mail account(s).
ISPMonsters.Com shall not be held responsible for any lost E-mail data,
E-mail attachments, or any E-mail message contents, regardless of the reasoning
for data loss or system causes. User
should not use the ISPMonsters.Com web mail feature as their primary mail
client. Settings in the web mail
feature, including stored messages, addresses, or other settings will not be
retained in the event of data loss.
Storage for e-mail messages and attachments is set to 10 MB per
account. E-mail data on our servers may
be deleted at least every 21 days.
ISPMonsters.Com is not responsible for the confidentiality of
information that User may provide to merchants and information or Service
providers while connected to the Service.
Negligence or other issues related to purchases, agreements, or other
transactions performed while User is connected to the Service are the sole
responsibility of User and merchants and information or Service providers. ISPMonsters.Com assumes no responsibility or
liability in such transactions.
ISPMonsters.Com does not and will not perform system backups on
any User's E-mail account(s).
ISPMonsters.Com shall not be held responsible for any lost E-mail data,
E-mail attachments, or any E-mail message contents, regardless of the reasoning
for data loss or system causes. Except
as otherwise set forth herein, ISPMonsters.Com will not provide historical data, to
any party for any reason, regarding any system or Internet activity.
ISPMonsters.Com may deny User access to all or part of the
Service without notice if User engages in any conduct or activities that
ISPMonsters.Com in its sole discretion believes violates any of the terms and
conditions in this Agreement. If
ISPMonsters.Com denies User access to the Service because of such a violation, User
shall not have the right (1) to access through ISPMonsters.Com any materials stored
on the Internet, (2) to obtain any refund(s) otherwise due to User, and such
refund(s) shall be forfeited, (3) to access third party Services, merchandise
or information on the Internet through ISPMonsters.Com, and ISPMonsters.Com shall have no
responsibility to notify any third-party providers of Services, merchandise or information
or any responsibility for any consequences resulting from lack of notification.
All introductory promotional offers are intended for new customers only.
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 ISPMonsters.Coms system for
periods exceeding four (4) hours, in any single continuous session. User agrees not to use ISPMonsters.Com for more
than 200-hours (150-hours in Canada) per calendar month. User authorizes ISPMonsters.Com to enforce these
restrictions by appropriate software and network measures, automated and
manual.
User agrees to notify ISPMonsters.Com 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
ISPMonsters.Com.
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.
ISPMonsters.Coms 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.
ISPMonsters.Com may modify this Agreement from time to time. 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 cancel the Service per
the terms outlined elsewhere in this agreement.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio, United States of America,
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.
ISPMonsters.Com 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 ISPMonsters.Com.
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 ISPMonsters.Com as the defendant, shall be proper only in a
venue determined by ISPMonsters.Com.
In any action between ISPMonsters.Com and User to enforce any of
the terms of this Agreement, ISPMonsters.Com shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User
and ISPMonsters.Com with respect to the Service.