IDS Ely Terms and ConditionsEnd User Terms of Service
Note: All users are bound by this terms of service.
Internet Service Provider ("We", "we" or "ISP") agrees to provide you with those services set forth at the time of signup and the end user ("you") agrees to abide by the restrictions (herein referred to as "Policy" or "Policies") made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access any part of the service.
Warranty Disclaimer No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.
The display of a dialup access number on our site or the availability of that number does not mean that it is a flat-rate local call. That determination can only be made by your local telephone provider. We recommend you call your local telephone number to determine whether a dialup access number we provide is local to your area. We will not be held responsible in any way, or pay for any long distance calls made by you to our network of dialup numbers regardless of how that access number is obtained.
Responsibility of Use User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.
Limitation of Liability Under no circumstances shall we, our agents, our providers, or employees be liable for any damages which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
Age Limit User represents to us that he or she is 18 years of age or older. User understands that certain materials are not intended for viewing by users under the age of 18.
Server Abuse Any attempt to undermine or cause harm to a server, or customer, of ISP is strictly prohibited.
Unauthorized use of other people's accounts or computers is not allowed. ISP will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a ISP customer, whether or not the attacked account or computer belongs to ISP, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - ISP has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown herein WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, viruses, cracks, software serial numbers, and/or anything else determined by ISP to be unacceptable use of ISP's services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
Abuse of Unlimited Traffic
Unlimited Service with regard to dial-up internet means unlimited access to the internet, but this does not mean an always on connection. Usage that exceeds 300 hours per calendar month may be deemed excessive and accounts that exceed this level of usage may be suspended until the beginning of the next calendar month.
The intention of ISP is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on ISP's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of ISP's management. Any customer who violates ISP's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
To maintain the integrity of our service the following prohibitions apply:
Sites with banners, graphics or cgi scripts running from their domain used on other domains:
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 1 GB per month. Thereafter, normal data transfer cost of $20.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $10.00/1GB/month.
You will have 7 days to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or ISP has the sole decision to deactivate any and all servers.
ISP will be the sole arbiter as to what constitutes a violation of this provision.
You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
We do not allow clients to install their own chat rooms.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
Unsolicited Email (Spam) Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
ISP takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
Note: If you use the services of another provider to promote a web site hosted by or through ISP (spam advertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server.
Your account will be billed under "Liberty Internet Billing" this will appear on your credit card statement each billing cycle. All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. ISP reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies ISP of their desire for termination of services. All payment is in U.S. currency. ISP will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Host accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department should you wish to change your anniversary billing cycle. In the event that your account is set up for recurring billing on a credit card, ISP will charge that card on or before the due date each month for the upcoming month's service. In order to provide you uninterrupted service, unless specifically contacted to do otherwise, ISP will attempt to automatically roll the expiration date of any expired credit card forward 3 years upon the expiration of that card. This does not relieve customer of the responsibly to contact ISP with any updated information.
ISP reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ISP if ISP institutes it's right of cancellation. Any violation of POLICIES which results in extra costs will be billed to the customer (i.e. transfer, space etc.). If customer chooses to cancel service it is their responsibility to notify ISP. DSL Accounts are subject to a $100.00 cancellation fee should the customer cancel within the first year of service. In the event that customer is renting DSL equipment from ISP and chooses to cancel the account, Customer must return all rented equipment to ISP before account will be canceled. If Customer fails to return rented equipment within 30 days of cancellation request a minimum fee of $79.99 will be assessed to Customer and account will be canceled at that time. No returns
ISP will not return collected fees for services. Any payment is deemed earned by ISP upon receipt, and no refunds will be issued for unused portions of service regardless of the length of time. Cut off period for billing errors. 90 days cut off period is set for billing error claims. Customer agrees that he has no rights to claim any billing errors for period earlier than 90 days from the date of the claim. All bills are final after 90 days.
Intellectual Property Rights
Material accessible to you through ISP's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use ISP or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ISP network. If you use a domain name in connection with ISP or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the ISP network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. ISP will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to ISP Anywhere a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by ISP Anywhere under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
ISP shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by ISP and ISP reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay ISP prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the ISP price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. ISP reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from ISP to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by ISP) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to ISP as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ISP will reinstate Customer's domain name registration solely at ISP's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
ISP reserves the right to refuse service to anyone. Customers may only use ISP server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of ISP management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Utah County, Utah, and any dispute will be litigated or arbitrated in Utah County, Utah. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Utah County courts. IN NO EVENT SHALL ISP'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ISP HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ISP, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ISP AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ISP'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM ISP'S SERVER.
ISP WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ISP MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ISP DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ISP AND ITS EMPLOYEES. ISP RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ISP MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
© 2007 IDS Ely. All rights reserved.
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