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THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSLY IMPLIED.
PremoWeb Internet Services here after called “PremoWeb”,
exercises no control whatsoever over the content of the information
passing through PremoWeb’s system. Use of
any information obtained via PremoWeb is at Users risk. Neither
PremoWeb nor any of its affiliates, its licensees, its contractors,
or their respective employees warrants that the Service will be
uninterrupted or neither error free; nor does PremoWeb 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
THE COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE, SUGGESTIONS,
OR INFORMATION GIVEN BY PremoWeb, IT’S AFFILIATES, IT’S
LICENSERS, IT’S CONTRACTORS, OWNERS OR THE RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. NEITHER PremoWeb NOR IT’S AFFILLIATES,
LICENSERS, LISENCEES, IT’S CONTRACTORS, OWNERS OR THEIR RESPECTIVE
EMPLOYEES WARRANT THAT THE SERVICE BE UNINTERRUPTED OR ERROR FREE
OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE
ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES
OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANSES SHALL PremoWeb, IT’S
AFFILLIATES, IT’S LISENCERS, LISENCEES, IT’S CONTRACTORS,
OWNERS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT.
USER SHALL ASSUME ALL RESPONSIBILITY FOR ALL CONTENT DISTRIBUTED,
ACCESSED, OR VIEWED WHILE CONNECTED TO OUR SERVICE. IN THE EVENT
A COURT ORDERED IS ISSUED, WE MAY PROVIDE TO THEM ANY AND ALL INFORMATION
THAT THEY REQUEST OF US. UNDER NO CIRCUMSTANCES SHALL WE, OUR AGENTS,
PROVIDERS, OWNERS, OR EMPOYEES BE LIABLE FOR ANY DAMAGES WHICH RESULT
IN ANY WAY FROM USER’S USE OF OR INABILITY TO ACCESS SERVICE
OR 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 ANY ERRORS 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 OR COMPUTER, WHEATHER FOR BREACH
OF CONTRACT, NEGIGENCE OR CALLING ACTION, IN THE EVENT THAT PremoWeb
IS FOUND LIABLE UNDER ANY CIRCUMSTANCES UNDER THE TERMS OF THIS
AGREEMENT, PremoWeb’ LIABILITY SHALLBE LIMITED TO THE UNUSED
BALANCE OF THE USER 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
by PremoWeb in operating the Service, User’s sole remedy is
to discontinue using the service.
Not withstanding anything to the contrary herein contained, User
agrees to indemnify and hold PremoWeb, its affiliates, its licensees,
licensers, its contractors, owners or their respective employees
harmless against any and all harm, loss, claim, judgment, damage
and expenses including and without limitation attorney’s fees
and costs of litigation incurred or suffered by PremoWeb, its licensers,
its affiliates, its contractors, owners, 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 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 PremoWeb 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 PremoWeb shall
confer as to and agree on the legal counsel(s) to be selected in
any such defense.
User represents that he or she is eighteen (18) years of age or
older. User understands that certain materials available from the
service provided under the terms of this agreement may not be suitable
for individuals under the age of eighteen (18)
User understands that the Internet contains unedited materials some
of which are sexually explicit in nature and may be offensive. User
accesses such materials at his or her own risk. PremoWeb has no
control over and accepts no responsibility whatsoever for such materials.
• User may not send mail to more than 25 recipients
at a time.
• User may not send more than 100 emails per hour period.
• User may not send from an email address that is not their
own.
• User may not send an email that is over 10MB in size.
• User may not forge message header to hide the origin of
their email.
• Provider may block certain attachment types used in transmitting
viruses.
• Email is kept on the server for sixty days (60).
User understands that port 25 is restricted for
all outgoing mail servers. User must send mail through the mail
server when connected to the network.
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 used. User may not purchase
more than one (1) hosting package and link them together in an attempt
to get around our bandwidth or website restrictions. We currently
do not allow websites which exceed fifteen (15) GB of bandwidth
per month to host on our servers. If the request is not met within
five (5) business days, we do reserve the right to remove the website
from our system.
Determination of which calls are local may or
may not be based on standard residential service for your area.
Access numbers may be listed by the towns serviced by that number
or the town in which it or other website listings and dialer phone
book should only be used as a guide. You MUST contact your telephone
company to confirm charges on all calls to PremoWeb access numbers.
PremoWeb is not responsible for phone charges, if any, attributed
to the use of the service.
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, private, offensive, or other
wise objectionable information of any kind, including without
limitation any transmission 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 of the U.S. Control laws and
regulations.
• Post on web space provided any sexually explicit materials
of 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, or 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 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 deviations with respect thereto, without
obtaining permission of the copyright owner or right holder;
• Upload, post, publish, transmit, reproduce, transmit or
distribute in any way any component of the Service itself or derivative
works with respect thereof;
• Send unsolicited advertising or promotional materials
to other network users (See section titled “Messaging”);
• Run Maillist, Listserve or any form of auto-responders
from users 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 materials
including that deemed threatening or obscene, or engage in any
kind of illegal activity;
• Attempt to defeat any idle timer or system tool intended
to enforce the part-time and personal nature of users connection,
including the use of ping bots and other methods and other methods
of timing disconnection rules section titled “LIMITATIONS
OF DIAL-UP SERVICES”; or
• Violate any of the rules, regulations, and policies of
those networks and computer systems accessed with users account.
• PremoWeb has no obligation to monitor the Service. However,
user agrees that PremoWeb 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. PremoWeb will not intentionally monitor or
disclose any private E-mail messages unless required by law. PremoWeb
reserves the right to refuse to post or remove any information
or materials, in whole or in part, is those in its sole and absolute
discretion, are unacceptable, undesirable, or violate this agreement.
PremoWeb 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 PremoWeb following
payment of a reconnection charge, to be determined by PremoWeb
in its sole and absolute discretion.
User agrees to limit their use of PremoWeb service, specifically
regarding the use of PremoWeb’ electronic (e-mail) services,
to the following restrictions:
• Unauthorized use of Relay Servers
User agrees that any unauthorized use of any e-mail server located
throughout the Internet for the purpose of relaying or distributing
messages is prohibited.
• Fraudulent Addressing
User agrees that the purposeful distribution of any e-mail message
where the return address, original 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 e-mail messages sent while using PremoWeb’ service.
• Transmission of unsolicited e-mail or promotional
material
Users of PremoWeb’ services are restricted from using any
of our Services or Resources for the purpose of transmitting unsolicited
or promotional material including but not limited to, any material
which is or can be commonly referred to as SPAM. The violation
of this restriction will result in a ten-dollar ($10.00) penalty
for each and every e-mail address for which the unsolicited or
promotional material was sent. All costs associated with the collection
of this fee will be the responsibility of, and will be passed
on to the violator. In addition, PremoWeb reserves the right to
prosecute the user for breach of contract and the violating user
acknowledges that they have purposefully and intentionally damaged
PremoWeb’ brand and image in the marketplace. The violator
agrees to pay any and all legal costs incurred by PremoWeb associated
with each violation.
In order to provide the highest quality experience
for all customers, PremoWeb will suspend any account, which it determines
is abusing the network. Accounts which demonstrate a usage pattern
of accessing the PremoWeb network for more than ten (10) hours a
day may have their service suspended by PremoWeb and such suspension
is at PremoWeb’ sole discretion. Such suspension will be without
prior notice. Accounts suspended for violation of this section will
be liable for the access fee for the billing period in which the
service was suspended and will not be eligible for a refund.
User agrees to be held responsible for the distribution
of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN THE
IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY
OF THESE TERMS, RELATING TO TERMS DESCRIBED WITHIN THE “MESSAGING”
SECTION OF THIS DOCUMENT WILL RESULT IN AN IMMEDIATE PENALTY OF
TWO HUNDRED DOLLARS ($200.00). PremoWeb RESERVES THE RIGHT TO CHARGE
USER’S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF PremoWeb
SERVICES, A ONE-TIME FEE OF TWO HUNDRED DOLLARS ($200.00) PER VIOLATION
OF THESE TERMS AND CONDITIONS. IN THE EVENT THE USER PRE-PAYS FOR
THEIR PremoWeb SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT
CARD, PremoWeb RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE
FOR THE ONE TIME FEE OF TWO HUNDRES DOLARS ($200.00) PER VIOLATION
OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF
PremoWeb SERVICE FOR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS.
User agrees to maintain no more than one (1) concurrent online session
for each PPP/ISDN account purchased.
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.
User understands they cannot log back onto PremoWeb’ system
for a period of ten (10) minutes following the termination of their
previous online session, regardless of the reason for the previous
sessions termination. Attempts to defeat the idle timer using a
ping bot or other system tool, or the use of a redialer to automatically
reconnect once disconnected are prohibited. User understands that
unlimited service does not mean dedicated service. Dedicated service
shall be defined as an average of more than 15 channel hours a day,
based on a thirty-day (30) calendar month usage report. User may
be blocked and forced to upgrade to continue service if their unlimited
account is used as a dedicated connection.
PremoWeb maintains the right to terminate any user’s connection
following an extended period of inactivity as determined by PremoWeb.
Inactivity is defined as less then 500 bytes of data transferred
between user’s modem and the service in allocated period.
PremoWeb reserves the right to cancel service for any reason without
prior notice. In the event that a user’s service is cancelled
for a reason outside of this TOS, we will refund the user the unused
portion of that month’s service. Pre-paid service is refundable
in the event that a user’s service is canceled for a reason
outside of this TOS. PremoWeb will not refund any shipping and/or
handling fees. Cancellations after the start of any given month
will be charged for that month. User understands that a request
for termination of service must be made by the 24th of the preceding
month as PremoWeb allocates bandwidth at that time for the next
month. Payments for the next month’s bandwidth are allocated
at that time. Requests for termination of service made after the
24th of the month will require payment for a final month since the
deadline had not been met.
Information transmitted through PremoWeb and through the Internet
in general is not confidential. PremoWeb cannot and shall not guarantee
privacy or the protection of any user. PremoWeb reserves the right
to monitor any user’s transmissions when deemed necessary
for providing proper service and/or protect the rights and property
of PremoWeb.
The right to use the service is not transferable. Accounts are for
User’s use only. User shall be responsible for the confidentiality
of the user’s password. Loaning user’s account to others,
connecting a system used by multiple persons, group use of user’s
log-ins, and consuming more than one modem line are expressly prohibited.
If user has multiple accounts, then user shall be limited to one
login session per system at any time. Violation of these terms shall
constitute theft of service and may be prosecuted under civil or
criminal law.
If the user wishes to make purchases on the service, user may be
asked by the merchant or information service provider, for 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 means or information or
service provider on the service for the purpose of making purchases
shall be accurate, complete, and current. The merchants and information
and service providers offering merchandise, information, and services
set their own prices and may change prices or institute new policies
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
be responsible for paying any applicable taxes relating to purchases
on the service.
All prepay plans paid by credit card automatically
renew at the same rate unless customer cancels the service on or
before the expiration date of the account. Customers agree to notify
PremoWeb of their intent to cancel by the 24th of the month before
the expiration of the month as PremoWeb allocates bandwidth for
the next month as of the 25th of the preceding month. PremoWeb will
notify the customers of the renewal and confirm the amount charged.
Check Payments: accounts paid by check are held inactive
until customer’s check is processed and full payment is received
by PremoWeb. Accounts paid by check are nonrefundable after the
first thirty days. A check-processing fee may apply.
Customer agrees to abide by policies and procedures published on
PremoWeb’ website and with this agreement. PremoWeb reserves
the right to change or update these policies and procedures at any
time.
PremoWeb does not and will not perform system backups on any user’s
E-mail account(s). PremoWeb shall not be held responsible for any
lost E-mail data, e-mail attachments, or any E-mail message content
regardless of the reason for data loss or system causes. Except
as otherwise set forth herein, PremoWeb will not provide historical
data, to any party for any reason, regarding any system or Internet
activity.
PremoWeb does not and will not perform system backups
on any web sites, PremoWeb shall not be responsible for any lost
web data, web files, or any website contents, regardless of the
reason for loss or system causes. Except as set forth herein, PremoWeb
will not provide historical data to any party for any reason, regarding
any system or Internet activity.
We do not perform backups on the MySQL database. We
shall be not held responsible for any lost data. User should always
keep a current backup of their database content.
PremoWeb may deny user access to all or part of the service without
prior notice if user engages in any action or activity that PremoWeb
in its sole discretion believes violates any of the terms and conditions
in this agreement. If PremoWeb denies user access to the service
because of such a violation, user shall not have the right (1) to
access through PremoWeb any materials stored on the internet, (2)
to obtain 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 PremoWeb, and PremoWeb shall
have no responsibility to notify any third-party providers of services,
merchandise, or information nor any responsibility for or any consequences
resulting from lack or notification.
User agrees to remain signed into the network only when actually
making use of same, and to disconnect when idles for significant
periods of time (more than 15 minutes). Use also agrees to not remain
connected to PremoWeb’ system for periods exceeding five (5)
hours, in any single continuous session. User authorizes PremoWeb
to enforce these restrictions by appropriate software and network
measures, automated and manual.
User agrees to indemnify PremoWeb 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
forms supplied by PremoWeb.
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 parties and the remainder of the provisions
of this agreement shall remain in full force and effect.
PremoWeb’ 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 or trade practice shall act to
modify any provision of this agreement.
PremoWeb may modify this agreement from time to time
by placing a notice of such modification on its website, and user’s
continued use of the service following such notice of modification
shall be deemed user’s acceptance of modification, it is users
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 California without regard
to its conflicts of law provisions. Any cause of action user may
have with respect to the service must be commenced within ninety
days (90) after the claim or cause of action arises or such cause
of action is barred.
PremoWeb shall not be liable or deemed to be in default
for any delay or failure in performance and 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, fire, explosions, earthquakes, floods,
the elements, strikes, labor disputes, shortages of suitable parts,
materials, labor, transportation, or any cause beyond the reasonable
control of PremoWeb.
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 PremoWeb as defendant,
shall be proper only in a venue as determined by PremoWeb.
In any action between PremoWeb and user to enforce
any terms of this agreement, PremoWeb shall be entitled to recover
expenses, including reasonable attorney’s fees.
This agreement constitutes the entire agreement
between user and PremoWeb with respect to the service.
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