Policies
Below policies are a template for you to use. You may change it and
add as much as you want.
Enduser Terms of Service
Note: All your users are bound by this terms of service.
[Your ISP Name]. ("[Your ISP Name]") 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.
[Your ISP Name] exercises no control whatsoever over the content of
the information passing through [Your ISP Name]'S system. Use of any information
obtained via [Your ISP Name] is at User's risk. Neither [Your ISP Name]
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 [Your ISP Name] 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 [Your ISP
Name], ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER [Your ISP Name] 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 [Your ISP Name], 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 [Your
ISP Name] IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, [Your ISP Name]'S 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 [Your ISP Name] 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 [Your ISP Name], 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 [Your ISP Name], 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 [Your ISP Name] 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 [Your ISP Name] shall confer as to
and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to [Your ISP Name] 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. [Your ISP Name] 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.
mass e-mails carried out by automated programs.
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 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 DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those networks
and computer systems accessed via User's account.
[Your ISP Name] has no obligation to monitor the Service. However, User
agrees that [Your ISP Name] 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. [Your ISP Name]
will not intentionally monitor or disclose any private E-mail message unless
required by law. [Your ISP Name] 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. [Your ISP Name] 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 [Your ISP Name] following payment
of a reconnection charge, to be determined by [Your ISP Name] in its sole
and absolute discretion.
Messaging
User agrees to limit their use of the [Your ISP Name] service, specifically
regarding the use of [Your ISP Name]'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 [Your ISP Name] 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. [Your ISP Name] RESERVES THE RIGHT
TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF [Your ISP
Name] SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN
THE EVENT USER PRE-PAYS FOR THEIR [Your ISP Name] SERVICE VIA CASH, CHECK,
OR MEANS OTHER THAN CREDIT CARD, [Your ISP Name] 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 [Your
ISP Name] SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although [Your ISP Name] 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 [Your ISP
Name] services by any such User, which restricts system availability for
other such Users. These limitations apply only to Hosting offered by [Your
ISP Name].
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 [Your ISP Name] 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 [Your ISP Name] services by any such User, which restricts overall
[Your ISP Name] system availability for other such Users. These limitations
apply only to Dial-Up access services offered by [Your ISP Name].
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 [Your ISP
Name] 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 [Your ISP Name] 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.
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
[Your ISP Name]. 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 that for all ISDN Accounts that they will be limited to
300 channel hours of access per month. If the customer exceeds the 300
channel hour limit, there account will be temporarily disabled until the
first of the next month.
UU.net Access Restrictions
User agrees that for all UU.net locations, that they will be limited
to 150 hours of access per month. If a customer exceeds the 150 hour limit,
there account will be temporarily disabled until the first of the next
month.
Terms of Payment
A credit card User agrees to allow "Your ISP" 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 [Your ISP Name] of
any changes in credit card number or expiration date. If the card is not
honored for any reason, [Your ISP Name] will attempt to notify the card
holder by using the telephone information given at sign-up or by E-mail.
[Your ISP Name] 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, payment due dates are indicated on User's invoice.
Dishonored checks are subject to a collection fee to be determined by [Your
ISP Name] 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.
[Your ISP Name] 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 [Your ISP Name] utilizes an attorney to collect any unpaid amounts,
User shall be responsible for the payment of all of [Your ISP Name]'S attorneys'
fees and costs in the collection of these sums.
[Your ISP Name] 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
[Your ISP Name] reserves the right to cancel Service for any reason
without prior notice. Pre-paid service is non-refundable. [Your ISP Name]
will not refund any shipping or handling fees. Cancellations after the
first of the month will be charged for that month.
User must notify [Your ISP Name] 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
[Your ISP Name] are non-refundable.
No Confidentiality
Information transmitted through [Your ISP Name] and through the Internet
in general is not confidential. [Your ISP Name] can not and shall not guarantee
privacy or protection of any User. [Your ISP Name] 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 [Your ISP Name].
Customer Information
Unless required by court order, subpoena or other legal request, or
upon the advice of counsel, "Your Company Name" 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 "Your
Company Name" to the contrary as provided above, "Your Company Name" 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
[Your ISP Name] does not and will not perform system backups on any
User's E-mail account(s). [Your ISP Name] 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, [Your ISP Name] will not provide historical data, to
any party for any reason, regarding any system or Internet activity.
[Your ISP Name] does not and will not perform system backups on any
web sites. [Your ISP Name] 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, [Your
ISP Name] will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
[Your ISP Name] may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that [Your
ISP Name] in its sole discretion believes violates any of the terms and
conditions in this Agreement. If [Your ISP Name] denies User access to
the Service because of such a violation, User shall not have the right
(1) to access through [Your ISP Name] 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 [Your ISP Name], and [Your ISP Name] 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 [Your
ISP Name]'s system for periods exceeding (5) five hours, in any single
continuous session. User authorizes [Your ISP Name] to enforce these restrictions
by appropriate software and network measures, automated and manual.
User agrees to notify [Your ISP Name] 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 [Your
ISP Name].
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.
[Your ISP Name]'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.
[Your ISP Name] 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.
[Your ISP Name] 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 [Your ISP Name].
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 [Your ISP Name] as the defendant, shall be proper only
in a venue determined by [Your ISP Name].
In any action between [Your ISP Name] and User to enforce any of the
terms of this Agreement, [Your ISP Name] shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and [Your
ISP Name] with respect to the Service.
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