Warranty Disclaimer
THE FOREGOING
WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS
EXPRESSED OR IMPLIED.
aispc.net exercises no
control whatsoever over the content of the information passing
through aispc.net's system. Use of any information obtained via
aispc.net is at User's risk. Neither aispc.net 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 aispc.net 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 aispc.net, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER aispc.net 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 aispc.net, 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 aispc.net IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE
TERMS OF THIS AGREEMENT, aispc.net'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 aispc.net 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 aispc.net, 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 aispc.net, 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
aispc.net 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 aispc.net shall confer as to and agree on
the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to
aispc.net 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. aispc.net has no control over and accepts no
responsibility whatsoever for such materials.
Port 25 Restrictions
User understands that
port 25 is restricted for all outgoing mail servers. User must send
mail through our mail server(s) when connected to the network.
Prohibited Uses
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 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.
aispc.net has no
obligation to monitor the Service. However, User agrees that
aispc.net 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. aispc.net will not intentionally monitor or disclose
any private E-mail message unless required by law. aispc.net
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. aispc.net 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 aispc.net
following payment of a reconnection charge, to be determined by
aispc.net in its sole and absolute discretion.
Messaging
User agrees to limit
their use of the aispc.net service, specifically regarding the use
of aispc.net'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 aispc.net service.
Transmission of unsolicited email or
promotional material.
Users of aispc.net's
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 can be commonly
referred to as SPAM. The violation of this restriction will result
in a ten dollar penalty for each email address for which the
unsolicited or promotional material was sent. All costs associated
with the collection of this fee will be the responsibility of the
violator. In addition, aispc.net reserves the right to prosecute
the user for breach of this contract and the violating user
acknowledges they have purposefully and intentionally damaged
aispc.net's brand and image in the marketplace. The violator agrees
to pay any and all legal costs incurred by aispc.net associated
with each violation.
Fraudulent Content NOT
sent by a VIRUS
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. aispc.net RESERVES THE
RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF
aispc.net SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR aispc.net SERVICE VIA
CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, aispc.net 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 aispc.net SERVICES FOR VIOLATION OF ANY OF THESE
TERMS.
No Confidentiality
Information transmitted
through aispc.net and through the Internet in general is not
confidential. aispc.net can not and shall not guarantee privacy or
protection of any User. aispc.net 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 aispc.net.
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
aispc.net does not and
will not perform system backups on any User's E-mail account(s).
aispc.net 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, aispc.net will not provide historical data, to any
party for any reason, regarding any system or Internet activity.
aispc.net does not and
will not perform system backups on any web sites. aispc.net 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, aispc.net will
not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Failure to Comply With
Terms and Conditions
aispc.net may deny User
access to all or part of the Service without notice if User engages
in any conduct or activities that aispc.net in its sole discretion
believes violates any of the terms and conditions in this Agreement.
If aispc.net denies User access to the Service because of such a
violation, User shall not have the right (1) to access through
aispc.net 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 aispc.net, and aispc.net 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.
Billing
All
monthly service accounts must have cleared payment for the following
months service deposited with aispc.net Communications prior to 5:00
pm on the last business day of the current calendar month. It should
be noted that all monthly accounts are considered auto renewable at
inception and will be billed as this until such time that the user
notifies aispc.net otherwise. Credit card customers can expect their
billing to be processed between the 15th and 25th of every month for
the following months service. Extended length contracts will not be
auto renewable. Approximately 30 Days prior to account expiration
the user will be contacted by aispc.net about service renewal.
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 aispc.net's
system for periods exceeding (4) four hours, in any single
continuous session. User authorizes aispc.net to enforce these
restrictions by appropriate software and network measures, automated
and manual.
User agrees to notify
aispc.net 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 aispc.net.
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.
aispc.net'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.
aispc.net 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 of
State of North Carolina 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.
aispc.net 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 aispc.net.
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 aispc.net as the defendant, shall be proper only in a venue
determined by aispc.net.
In any action between
aispc.net and User to enforce any of the terms of this Agreement,
aispc.net shall be entitled to recover expenses, including
reasonable attorney's fees.
This Agreement
constitutes the entire agreement between User and aispc.net with
respect to the Service.
