End User License Agreement
Acceptable Use Policy
Dnet Acceptable Use
Dnet Policy for Non Commercial Accounts
- All use of Dnet network services shall be intended to facilitate the exchange of information in furtherance of education and research, and otherwise should be consistent with the broad objective of Dnet.
- Users of Dnet network services shall promote efficient use of the networks to minimize, and avoid if possible, congestion of the networks and interference with the work of other users of the networks.
- Users of Dnet network services shall not disrupt any of the Dnet networks as a whole or any equipment or system forming part of its systems, or any services provided over, or in connection with, any of the Dnet networks.
- Dnet networks shall not be used to transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be highly offensive to the recipient thereof.
- Dnet networks shall not be used for commercial purposes. However, if a use is consistent with the purposes and objectives of Dnet, then commercial activities in support of that use will be considered an acceptable use of the network.
- Personal Web pages are limited to 5 MB of server space. Additional server space and Commercial Web pages can be purchased by contacting Dnet Internet Services at email@example.com or 877.601.3638. Web pages are subject to review and may not contain any nudity or profanity. Dnet is not responsible for the content on the Web pages.
- Sending unsolicited commercial e-mail by Service users is prohibited. Using a dnet.net e-mail address to collect responses from unsolicited commercial e-mail is prohibited. A Service user shall not use another site’s mail server to relay mail without the express permission of the site. “Spamming” will result in immediate termination of the account.
- Sending outrageously threatening or harassing e-mail (for example, making terrorist threats, or threatening physical injury or damage to persons or property) is prohibited. However, not every “flame” message or angry exchange of e-mail can automatically be considered harassment. Dnet is not responsible for the content or tone of any e-mail or other transmissions of the subscribers to its Service or other parties using the Internet, and subscribers or others should not expect that Dnet would attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. However, Dnet will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by subscribers or other users who believe they are being subjected to potentially unlawful harassment. Sending the above types of e-mails will result in immediate termination of the account.
- Customer agrees that Dnet retains the right to hold any E-mails on it’s server from delivery if such email contains a destructive virus or worm. After a certain amount of time to be determined by Dnet the message will be deleted off of the Dnet server. Every effort will be made to contact both the sender and intended receiver of the infected E-mail. Customer agrees that Dnet is not responsible for mail that is undeliverable a result of a virus or worm infection.
- Violation of any accepted policies on IRC servers and the use of IRC bots are prohibited. If Dnet is banned or threatened with being banned or restricted from a server, the offending account will be terminated immediately.
- Access times are based upon the specified account and billable according to the application form. In the case of the Dnet First and Dnet Annual hours, access sessions of six (6) hours or more during peak times (6:00 p.m. – 12:00 a.m. Eastern) may be subject to administrator termination at the discretion of the administrator.
- Interpretation, application, and possible modification of the Acceptable Use Policy shall be within the sole discretion of Dnet. User Organizations should direct questions about any issue arising under this Policy to Dnet when an issue first arises.
- You agree that you are at least 18 years old and have the ability to sign binding contracts. You are executing this agreement on behalf of everyone who will use the service, software, or hardware through your computer or with your account or password and you are solely responsible for any resulting violation of this agreement. You are solely responsible to ensure that they understand and will comply with this agreement and all other ISP channel service agreements required for use of this service. You will not resell the service or otherwise charge others to use it.
- This Subscription Agreement is entered into effective on date of activation by and between the individual whose name appears below (“Subscriber”) and Drake Enterprises, Ltd., doing business as Dnet (“Dnet”) for those services indicated herein.
- Subscriber agrees that this account is not transferable.
- Subscriber hereby subscribes to Dnet’s interactive telecommunications network in accordance with the terms included in this agreement. Dnet offers connection service between the Dnet access and the subscriber on or about the requested activation date set forth on the attachment(s) to this agreement. Access to the Dnet network is controlled by passwords after access is gained through the use of public telephone lines and public dialing facilities. A subscriber requested password will be used when compliant with the security specifications as set forth by Dnet. In cases of noncompliance, a password may be re-issued by Dnet. Subscriber access to Dnet network is provided by Dnet and is consistent with the Acceptable Use Policies attached to this agreement and is incorporated herein by reference.
- Subscriber agrees to pay Dnet any setup fee and/or monthly fees associated with the indicated service(s) as per the attached applications and schedule of fees, payable in advance, for connection and use of the network for the number of hours associated with each service. If Subscriber’s use of the network facilities exceeds these hours of service in any one calendar month, the Subscriber shall pay to Dnet a fee for excess use at the rate(s) indicated on the attached rate schedule. Dnet shall bill the Subscriber on a monthly basis for any and all fees. Payment is due no later than 10 days from date of invoice. Payments not received within this 10-day period may result in deactivation of any and all accounts in the Subscriber’s name. Accounts 60 or more days passed due will result in immediate deactivation.
- Subscriber has read, understands, and agrees to abide by the Acceptable Use Policies of Dnet supplier as set forth on the attachment to this agreement. If subscriber fails to abide by the Acceptable Use Policies, Dnet shall be entitled to terminate this agreement.
- The term of this agreement shall be monthly, beginning on the date set forth above. Either party may terminate this agreement on thirty (30) days written or electronic notice, but Subscriber will in all events, be required to pay service charges due upon effective date of termination. Provisions of paragraph 5 shall survive any termination. Dnet reserves the right to change all of the above terms and conditions by notifying the subscriber electronically or in writing at least 30 days in advance.
- Dnet will use its best efforts to provide the highest practical level of quality of service; however, subscriber agrees that Dnet makes no warranties, express or implied, in connection with the Dnet network. Except in the case of a breach of this agreement by Dnet, Subscriber agrees that Dnet will not be liable for any loss of service or other outage, damage to data, software or equipment, or any other loss, damage or expense or inconvenience or indirect damages. Subscriber acknowledges that Dnet is not responsible for the nature or content of data available on the networks and hereby waives all claims again Dnet, whether in contract, tort, or strict liability, for damages, losses or injuries in connection with or arising out of Subscriber’s access to use of the Dnet network.
- All invoices are due by the end of the month. Nonuse of the service or inadequate equipment does not eliminate the customer’s obligation to pay for their monthly subscription. All invoices will be sent via e-mail and will not be mailed via the Postal Service.
- Customer agrees that Dnet retains the right to hold any E-mails on its server from delivery if such email contains a destructive virus or worm. After a certain amount of time to be determined by Dnet the message will be deleted off of the Dnet server. Every effort will be made to contact both the sender and intended receiver of the infected E-mail. Dnet retains the right to purge the contents of Email accounts including any sub folders or directories after a 30 day period. Messages that approach 30 days old should be downloaded or copied to the client machine.
It is the subscribers’ responsibility to determine if the access numbers are a local call. If you are not sure whether a Dnet access number is a local call from your home or business, please contact your telephone provider. Dnet IS NOT responsible for ANY long distance charges you may incur due to the use of an incorrect access number.
StarNet – US LEC Terms of Service Agreement “Schedule A”
Revision 06 November 1, 2005
StarNet -US LEC. (“STARNET”) 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, YOUAGREE 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.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
STARNET exercises no control whatsoever over the content of the information passing through STARNET’S system. Use of any information obtained via STARNET is at User’s risk. Neither STARNET 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 STARNET 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, EITHEREXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIEDWARRANTIES 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 STARNET, ITS AFFILIATES, ITSLICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER STARNET NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THESERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL STARNET, 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 OFPERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZEDACCESS 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 STARNET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, STARNET’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 STARNET in operating the Service, User’s sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold STARNET, 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 STARNET, 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. Users shall promptly notify STARNET 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 STARNET shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
STARNET shall indemnify, defend and hold harmless USER from any and all damages, liabilities, costs and expenses (including reasonable attorney’s fees) incurred by USER as a result of any claims that the Service, when used within the scope of this Agreement, infringes any copyright, trademark or trade secret of any third party, provided that USER promptly notifies STARNET in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to STARNET, at STARNET’s expense and with STARNET’s choice of counsel.
User represents to STARNET that all of it’s employees are 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. STARNET has no control over and accepts no responsibility whatsoever for such materials.
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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;
- 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;
- run or operate like services via connections into or received from STARNET;
- 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”);
- violate any of the rules, regulations and policies of those networks and computer systems accessed via User’s account.
STARNET has no obligation to monitor the Service. However, User agrees that STARNET 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. STARNET will not intentionally monitor or disclose any private E-mail message unless required by law. STARNET 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. STARNET 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 STARNET following payment of a reconnection charge, to be determined by STARNET in its sole and absolute discretion.
User agrees to limit their use of the STARNET service, specifically regarding the use of STARNET’s electronic (email) services, to the following restrictions:
- Mass Mailing User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit.
- 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 STARNET 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. STARNET RESERVES THE RIGHT TO CHARGE USER’S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF STARNET SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR STARNET SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, STARNET 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 STARNET SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Dial-Up Services
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Although StarNet 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 STARNET services by any such User, which restricts overall STARNET system availability for other such Users. These limitations apply only to Dial-Up access services offered by STARNET.
- 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 STARNET service.
- Maximum Single Session User agrees to have an online session automatically terminated after eight (8) 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 STARNET 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. Terms of Payment
Payment due dates are indicated on User’s invoice. Dishonored checks are subject to a collection fee to be determined by STARNET in its sole and absolute discretion and User’s account may be suspended until the account is current. If payment is not received within fifteen (15) days of the due date, service will be terminated and a setup fee of $250.00 will be added to charges for additional Service.
STARNET maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event STARNET utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of STARNET’S attorneys’ fees and costs in the collection of these sums.
STARNET 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.
Information transmitted through STARNET and through the Internet in general is not confidential. STARNET can not and shall not guarantee privacy or protection of any User. STARNET 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 STARNET.
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
STARNET does not and will not perform system backups on any User’s E-mail account(s). STARNET 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, STARNET will not provide historical data, to any party for any reason, regarding any system or Internet activity.
STARNET does not and will not perform system backups on any User’s personal web site account(s). STARNET shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, STARNET will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
STARNET may deny User access to all or part of the Service without notice if User engages in any conduct or activities that STARNET in its sole discretion believes violates any of the terms and conditions in this Agreement. If STARNET denies User access to the Service because of such a violation, User shall have no right (1) to access through STARNET 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 STARNET, and STARNET 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.
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 STARNET’s system for periods exceeding (8) eight hours, in any
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single continuous session. User authorizes STARNET to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify STARNET 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 STARNET. 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.
STARNET’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.
STARNET may modify this Agreement from time to time by placing a notice of such modification at http://www.starnetinc.com/tos.html, 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.
STARNET 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 STARNET.
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 STARNET as the defendant, shall be proper only in a venue determined by STARNET.
In any action between STARNET and User to enforce any of the terms of this Agreement, STARNET shall be entitled to recover expenses, including reasonable attorney’s fees.
If there is any conflict between this Agreement and the MegaPOP Wholesale Service Agreement, the MegaPOP Wholesale Service Agreement shall control.
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