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| Dial Up Internet |
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$7.95/mo
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No Commitment
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Terms of Service
Note: All users are bound by this terms of
service.
Idial Internet. ("Idial Internet") 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.
Idial Internet exercises no control whatsoever over the content of
the information passing through Idial Internet's system. Use of any
information obtained via Idial Internet is at User's risk. Neither
Idial 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 Idial 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, 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 Idial Internet, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER Idial 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 Idial 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 Idial Internet IS FOUND LIABLE
UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Idial
Internet's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF
USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
User is responsible for any damages caused by User's decision to
download email or email attachments that might contain virus, adware,
spyware, worms or trojans or any other damaging material.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of Idial
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 Idial 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 Idial 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 Idial 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 Idial
Internet shall confer as to and agree on the legal counsel(s) to be
selected in any such defense.
Age Limit
User represents to Idial 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. Idial Internet 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; ********* WARNING SPAMMERS ***********
Your credit card will be charged $100.00 for EACH reported spam
incident. We are a family service and are dedicated to keeping the
Internet family friendly. We will pursue every legal option
available to help prosecute all illegal activity on this service
including spam. All unsolicited commercial bulk email is considered
spam. You may not 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
dialup SERVICES"); or violate any of the rules, regulations and
policies of those networks and computer systems accessed via User's
account.
Idial Internet has no obligation to monitor the Service. However,
User agrees that Idial 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. Idial Internet will not intentionally
monitor or disclose any private E-mail message unless required by
law. Idial 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. Idial 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 Idial Internet following payment of a reconnection charge, to be
determined by Idial Internet in its sole and absolute discretion.
Messaging
User agrees to limit their use of the Idial Internet service,
specifically regarding the use of Idial Internet'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 Idial 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. 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. Idial
Internet RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE
FOR USE IN PAYMENT OF Idial Internet SERVICES, A ONE-TIME FEE OF
$200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR
THEIR Idial Internet SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN
CREDIT CARD, Idial Internet 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 Idial
Internet SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although Idial 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
Idial Internet services by any such User, which restricts system
availability for other such Users. These limitations apply only to
Hosting offered by Idial 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 dialup Services
Although Idial Internet advertises "Unlimited Access" in regards to
some of it's dialup services, there are several limitations applied.
The sole purpose of these limitations are intended to limit the
amount of unnecessary use of Idial Internet services by any such
User, which restricts overall Idial Internet system availability for
other such Users. These limitations apply only to dialup access
services offered by Idial 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 Idial Internet 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 Idial Internet 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.
Dedicated or Excessive Usage
User agrees that "unlimited" does not mean dedicated access! Users
that are connected more than 5 hours per day are considered
dedicated. This service is not intended for dedicated use, and users
who are dedicated may be subject to cancellation and termination
without notice. There will be NO refunds given under any
circumstances. Use of a ping or "keep alive" program, auto-emailing,
or any other means to circumvent this process by the User is
strictly prohibited and will result in account being terminated due
to abuse! The determination of what abuse is shall be at the sole
determination of Idial Internet.
Terms of Payment
A credit card User agrees to allow "Idial 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
Idial Internet of any changes in credit card number or expiration
date. If the card is not honored for any reason, Idial Internet will
attempt to notify the card holder by using the telephone information
given at sign-up or by E-mail. Idial Internet 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 or credit card, payment due dates are
indicated on User's invoice. Dishonored checks are subject to a
collection fee to be determined by Idial 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 $10.00 will be added to charges for
additional Service.
Idial 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 Idial Internet utilizes an
attorney to collect any unpaid amounts, User shall be responsible
for the payment of all of Idial Internet's attorneys' fees and costs
in the collection of these sums.
Idial 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
Idial Internet reserves the right to cancel Service for any reason
without prior notice. Pre-paid service is non-refundable. Idial
Internet will not refund any shipping or handling fees.
Cancellations after the first of the month will be charged for that
month.
User must notify Idial Internet 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 Idial Internet are non-refundable.
No Confidentiality
Information transmitted through Idial Internet and through the
Internet in general is not confidential. Idial Internet can not and
shall not guarantee privacy or protection of any User. Idial
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 Idial Internet.
Customer Information
Unless required by court order, subpoena or other legal request, or
upon the advice of counsel, "Idial Internet" 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 "Idial Internet" to the contrary as provided above, "Idial
Internet" 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 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
Idial Internet does not and will not perform system backups on any
User's E-mail account(s). Idial 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, Idial
Internet will not provide historical data, to any party for any
reason, regarding any system or Internet activity.
Idial Internet does not and will not perform system backups on any
web sites. Idial 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, Idial 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
Idial Internet may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that
Idial Internet in its sole discretion believes violates any of the
terms and conditions in this Agreement. If Idial Internet denies
User access to the Service because of such a violation, User shall
not have the right (1) to access through Idial 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 Idial Internet, and Idial 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 Idial Internet's system for periods exceeding
(5) five hours, in any single continuous session. User authorizes
Idial Internet to enforce these restrictions by appropriate software
and network measures, automated and manual.
User agrees to notify Idial 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 Idial 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.
Idial Internet'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.
Idial 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.
Idial 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 of Idial
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 Idial Internet as the defendant, shall be
proper only in a venue determined by Idial Internet.
In any action between Idial Internet and User to enforce any of the
terms of this Agreement, Idial Internet shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and
Idial Internet with respect to the Service
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