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Agreement
- Inet OnLine Services (Hereinafter known as "IOLS") is a
service provider for access to the Internet, web site hosting and
design, dedicated server hosting, and other Internet related services.
This agreement sets forth the Account Terms and Conditions which apply
to the person, company or organization (Hereinafter known as
"Customer") that registers for an account with IOLS, uses a
service provided by IOLS or registers for an account with a
distributor or reseller of services offered by IOLS.
Customer is deemed to have agreed to comply with all terms by
either submitting their registration application to IOLS for any
services or through use of any services provided by IOLS.
Responsibilities
- It is the Customer’s responsibility to determine if the dialup
access number(s) provided by IOLS is acceptable for use by them.
Customer is responsible for creating,
uploading, maintaining, accessing and backup of
any web pages, content, email and any other data as well as all
activities while using services provided by IOLS. IOLS
will not, under any circumstances, be liable for any claims to damages
or damages brought on by Customer actions or Customer’s web site.
If such claims to damages or damages occur, customer agrees to
bear full liability and costs including, but not limited to any and
all legal fees incurred by IOLS.
IOLS does not assume any liability or responsibility for
quality, content, effectiveness, backup, etc. of customer web sites,
access, systems, etc. The
relationship between the customer and IOLS is that of customer and
service provider only. In
the event of a violation of any terms and/or conditions set forth in
this agreement, IOLS reserves the right to immediately terminate the
service(s) provided to the customer, access or charge any fees
described in this agreement and retain any and all prepaid monies,
with the customer being fully responsible for any and all fees levied
by IOLS, fines and attorney's fees incurred by IOLS with regard to
this agreement.
Acceptable
Use - Customer
agrees to use IOLS for lawful purposes only and that they will not
post or transmit any material, through IOLS, which violates or
infringes upon the rights of others.
IOLS expressly
forbids any use of its services for distribution, storing, processing,
posting, hosting, linking to or otherwise handling in any way the
following:
Any copyrighted works including commercial audio, video, or music
files; Any material in violation of any Federal, State or Local
regulation; All pornography, erotic images, or otherwise lewd or
obscene content, pirated software, ROMS, emulators, phreaking,
hacking, password cracking, IP spoofing, and encrypting of any of the
above. This also includes
any material which provide "links to" or "how to"
information about such material.
Accounts
do not include telnet access or a Unix shell account.
Accounts are for Customer’s use only.
Customer is responsible for the confidentiality of their
password and may not give their password to anyone or allow anyone to
use their account. Loaning
Customer’s account to others, connecting a system used by multiple
persons, group use of Customer dialup Internet access account, and
consuming more than one modem line are explicitly prohibited.
IOLS reserves
the right to refuse service and/or access to its servers to anyone.
The right to
use any service provided by IOLS is not transferable.
Internet
Access - Customer
dialup Internet access accounts are to be used to gain PPP dialup
access to the Internet using nonproprietary browsers and
software. All dialup Internet access accounts utilize a
dynamically assigned IP Address. A static IP Address is
available, limit one (1) per dialup account, for an additional charge
paid to IOLS. Your personal dial-up Internet access account is
intended for personal use: Meaning, (And our definition is final) that
you may have your connection up as long as you, the customer,
are personally in front of your computer.
A dial-up Internet access account is not a dedicated account
intended for 24-hour continuous use.
Only one person, the Customer, may use the dialup Internet
access account. Multiple
or simultaneous logins will constitute theft of services and the
dialup Internet access account will be terminated and any prepaid fees
will not be refunded. If Customer has multiple or simultaneous
logins at any time Customer agrees that they will be automatically
charged and pay for the number of additional logins on their account
at the standard monthly rate for the dialup internet access used.
ISDN Services - Customer agrees to pay a base monthly rate for the
service as determined by IOLS and is allotted 200 hours of usage per
calendar month as part of this base monthly rate. Usage beyond the 200
hour limit will be billed at the then current rate per hour. Any
additional hourly fees will be charged and paid for by Customer at the
beginning of the next month. Canceling an account does not
relieve Customer of any charges incurred.
IOLS does not control the content of information available over
the Internet. Customer
certifies that he/she is at least 18 years of age or, if the customer
is a minor the parent or guardian assumes all responsibility for
supervising the online activities of the under aged customer or user.
Any information garnered through IOLS is done so at your own
risk.
Web
Site Hosting and Dedicated Server Hosting
- IOLS is responsible
for providing the space for the web site or the dedicated server
connected to the Internet for the customer.
Web sites and Dedicated Servers are to be used by the primary
customer only. IOLS will
provide a graphical browser based interface that will allow customer
to manage their web site or dedicated server.
It is the customer's responsibility to secure and license the
software necessary to create and maintain their web site and/or
operate a dedicated server. Customer will have complete
administrative control of and responsibility for their web site or
Dedicated Server, it's content and users but will not have ownership
of the server(s), space or network.
“Sub-hosting” (Allowing a separate, third party to host
content on the customer's web site) is allowed on IOLS Dedicated
Servers only. Customer is
not permitted to sub-host, resell, store or give away web hosting
services from their web sites to other parties unless otherwise
approved in writing by IOLS. Exceptions
include ad banners, classified ads, and personal ads.
Unauthorized
Connections and Access
- Customer shall not allow, make or attempt to make unauthorized
connections to IOLS. Attempts
to gain unauthorized access to IOLS servers, networks or outside
computer systems are expressly prohibited. Any violations of
this policy will result in immediate termination of the Customer
account(s), and Customer agrees that they will allow their credit card
account to be automatically charged a minimum $500.00 fee per
attempt to gain an unauthorized connection or unauthorized
access. Payment of this initial fee does not waive any other
liability incurred by Customer or fees, fines of penalties that may be
levied by IOLS or any other state, federal or international
organizations.
SPAM
Policy - The
transmission of any type of material (Email, files, images, et all),
whether graphical or textual in content, sent through email, news
groups or any other service provided or accessed by IOLS to other
customers or non-customers without their express consent is prohibited
under the terms of this agreement.
Transmission of the above referenced material that does not use
the IOLS network but refers to a web site or page contained on the
IOLS servers is also prohibited under the terms of this
agreement. Transmissions of any materials described above
containing fraudulent or forged information in the headers of any
transmission is also prohibited under the terms of this
agreement. Any violations of our SPAM policy will result in
immediate termination and a minimum $500.00 fee per complaint and/or
individual piece of material, to be paid immediately to IOLS.
Customer agrees that if the SPAM Policy is violated that the Customer’s
credit card account will be automatically charged the minimum
$500.00 per complaint or individual piece of material as payment
of this fee. Payment of this fee does not waive any other fines
of penalties that may be levied by IOLS or any other state, federal or
international organizations. Any prepaid amounts will be
forfeited by Customer are not included as part of the initial fee.
Technical
Support - IOLS will
provide limited telephone, email and web based technical support for
the first thirty (30) days of service. IOLS
is not responsible for assisting Customer with any training,
diagnosing or repairing software, hardware or computer operating
system problems. Customer
may contract IOLS and pay extra for these services.
IOLS shall have no obligation to furnish or provide any onsite or
offsite technical or clerical support, office space, expenses,
automobile, software or any other products or services for customer or
his customers. IOLS will
provide additional technical support and training on a time and
material basis upon receiving customer's request.
Additional technical support is available on a per occurrence
basis at a rate of $160.00 per hour, not including travel and expenses
(M-F, 9:00am - 5:00pm Central time) and double time thereafter.
Terms
of Payment - All
services provided by IOLS are to be prepaid and will be incurred in
advance for the forthcoming period (Monthly, Quarterly or
Annually). Any applicable local, state and federal taxes will be
billed in addition to the service charges. If Customer utilizes a
service through IOLS, with any additional hourly fees or single-use
special fees, these fees will be charged at that time and be due
immediately. Billing starts when an account is ordered and is
not prorated. Future
billing is done on or before the first of each month thereafter per
the term of the account (Monthly, quarterly, annual) with IOLS.
All accounts automatically renew until cancelled by Customer.
Customer using a credit card agrees to allow IOLS to bill their
credit card on each successive billing date without obtaining Customer’s
permission after the initial charge.
Customer also agrees to allow IOLS to bill their credit card
for any additional services used by customer.
Customer shall notify IOLS of any changes in credit card number
or expiration date. Customers
paying by check will pay for service in advance of the next billing
period for their account. IOLS may, at its discretion, send an
email reminder notice to Customer before payment is due.
IOLS
maintains the right to suspended or terminate service for any unpaid
amounts (Prepaid or invoiced). Invoiced charges not received within
ten (10) days of notice will be subject to a 1.5% financing charge per
month on the outstanding balance.
If a check is returned to IOLS or a credit card charge is
declined a charge of $30.00 may be incurred per occurrence.
If an account is suspended for nonpayment a fee of $30.00 may
be incurred to reinstate the account. Suspension or termination
of service or billing disputes shall not relieve Customer from the
obligation to satisfy outstanding charges.
In the event IOLS utilizes an attorney to collect any unpaid
amounts, Customer shall be responsible for the payment of any and all
expenses incurred by IOLS including damages, attorneys' fees and costs
in the collection of these sums.
Failure to use account(s) does not relieve Customer of payment
obligations.
Billing
Disputes - All
billing disputes with IOLS must be received at our business office in
writing or sent via an email addressed to billing@iols.net.
Customer’s obligation to pay for service will continue until
such notice is resolved. Canceling an account does not relieve
Customer of any charges incurred.
Right
to Cancel -
Cancellations by Customer must be requested via an email addressed to billing@iols.net,
a fax or in writing via return receipt requested mail. Customer
must provide current IOLS username, IOLS password and forwarding email
address to cancel any account. IOLS may, at its discretion,
require additional information from Customer to verify the authority
of the request to cancel. IOLS will not refund shipping
& handling fees, technical fees, any one-time start-up fees or
payments of contracted services.
Cancellations after the first of the month will be charged for
the next billing period. Early cancellations of any prepaid
non-monthly account may be charged a $30.00 cancellation fee or 25% of
the agreement value and prorated at the then current Monthly Rate
for the months of service the account was active. The balance of any
refund due will be paid by IOLS after the first of the next
month. IOLS reserves the right to cancel Service for any reason
without prior notice. Customer
agrees that they will not and for a period of eighteen (18) months
after the commencement of the termination of the agreement, induce
directly or indirectly, any client or customer of IOLS to terminate or
discontinue in whole or in part its relationship with IOLS and shall
not induce or attempt to induce any other employee to terminate
his/her employment with IOLS.
Court
Venue - In the
event of a dispute, IOLS and the subscriber agree that the venue for
such litigation shall be Cook County, Illinois or any other location
deemed acceptable by IOLS and that the terms and conditions of this
agreement shall be interpreted under the laws of the State of
Illinois.
Warranty
Disclaimer - The
foregoing warranties set forth are exclusive and no other warranty is
expressed or implied. The
service is provided on an “As is” and “As available” basis
without warranties of any kind, either expressed or implied, including
but not limited to warranties to 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 IOLS nor its affiliates, its
licensers, its contractors or their respective employees shall create
a warranty. Neither IOLS
nor its affiliates, its licensers, its contractors or their respective
employees warrants that the service be uninterruptible or error free
or that any information, software or other material accessible on or
from the service is free from viruses, trojan horses or other harmful
components.
Limitation
of Liability -
Under no circumstance shall IOLS, 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 Customer’s use or misuse of or inability to
use the service(s) provided by IOLS or to access the Internet or any
part thereof, or customers 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, year 2000
compliance, theft or destruction or unauthorized access to alteration
of or use of Customer’s account, whether for breach of contract,
negligence or under any other cause of action.
In the event IOLS is found liable under any circumstance under
the terms of this agreement, IOLS liability shall be limited to the
unused balance of customer’s payment pro-rated to reflect the
current term.
Indemnification
- Notwithstanding anything to the contrary herein contained, customer
agrees to indemnify and hold IOLS, 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 IOLS, its licensers, its affiliates, its contractors, or their
respective employees as the result of any and all use of Customer’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 customer, 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.
Modification
of Terms - IOLS
reserves the right to change or modify the terms and/or conditions,
rates and/or services at any time without notice to its customers or
the public. Such changes,
modifications or additions shall be effective immediately. Price
changes will not be retroactive for existing customers, regardless of
the length of their existing service and will start on the first of
the month of the next anniversary of the subscriber's account.
If Customer is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of IOLS in
operating the Service, Customer’s sole and exclusive remedy is to
discontinue using the Service. Any
provisions hereof found to be unenforceable by a court of law shall be
severable and the remainder of the agreement shall stay intact.
Current
IOLS Customer Usage Terms of Service are always posted on the IOLS web
site at: http://www.iols.com/terms.html |
