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Terms
of Service
Terms
and Agreement
: This is the terms of your account. You must agree to these terms to
order service.
1.
Description of Services
2INTERACTIVE, LLC (parent company) is an internet service provider, and
provides ‘dialup services’ to clients.
In addition, 2INTERACTIVE, LLC is a web presence provider allowing
Client's web site to be accessed via Client's domain name (i.e
theirname.com/~username) by anyone with access to a web browser connected
to the Internet. 2INTERACTIVE, LLC provides the disk space in which the
files composing Client's web site reside and a connection capable of
transmitting said files to End User. Said services are often referred to
as "Web Hosting."
2. Authorization of Charges
Client authorizes 2INTERACTIVE, LLC to charge credit card supplied by
Client per month depending on access plan ( monthly, quarterly, yearly ).
If Client pays by check or any other method, an invoice will be
e-mailed to the address on file.
If verification of Client's supplied credit card information fails
requested charge by 2INTERACTIVE, LLC for initial annual fees or for any
of the annual fees thereafter 2INTERACTIVE, LLC reserves the right to
refuse, suspend, or cancel service pending As a receipt of valid credit
card information from Client. Client agrees to notify 2INTERACTIVE, LLC of
any changes to Client's credit card information.
Client must give 2INTERACTIVE, LLC a 30 day written notice by
e-mail or telephone to cancel service.
This is needed for phone line provisioning.
3. Content Restrictions
All services provided by 2INTERACTIVE, LLC may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data, or
material in violation of any
United
States
federal, state, or local law is strictly prohibited. This includes but is
not limited to copyrighted or trademarked material and material protected
by trade secret.
Pornography, nudity, and sex-related merchandising are prohibited. This
includes sites that may infer sexual content; links to such adult content
elsewhere are also prohibited.
Sites that promote any illegal activity, such as Warez sites, are
discouraged but not prohibited; links to such materials are discouraged
but are allowed. Actual files, including but not limited to pirated
software, hacker programs, cracks, and MP3 files, are strictly prohibited
from being stored on 2INTERACTIVE, LLC servers.
Examples of unacceptable content include the following: Adult sites,
Pirated software, Hacker programs or archives, MP3 files or archives.
2INTERACTIVE, LLC reserves the right to remove any material from Client's
web space that is deemed unacceptable by us. 2INTERACTIVE, LLC reserves
the right to terminate Client's account without refund at our discretion
if said material is discovered. 2INTERACTIVE, LLC is the sole arbiter as
to what constitutes a violation of the above provisions.
4. CGI Application Restrictions
The Client is allowed to freely install CGI applications; however,
2INTERACTIVE, LLC reserves the right to disable any application that
unreasonably effects or interferes with normal server operations. Said
situation is highly unlikely.
Client will not install Client's own chatroom of any kind because they
tend to be large "system hogs" and therefore fall into the
category described in section "a" above.
5. Spam Policy
2INTERACTIVE, LLC servers may not be the source, intermediary, or
destination address involved in the transmission of Spam, flames, or mail
bombs. Client's domain or IP may not be referenced as originator,
intermediary, or reply-to address in any of the above.
2INTERACTIVE, LLC considers Spam to be any mass unsolicited message in the
mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in
the immediate deactivation of services without refund of any kind.
Furthermore, a fine of one-hundred (100) US dollars will be imposed for
each spam policy violation. 2INTERACTIVE, LLC is the sole arbiter as to
what constitutes a violation of the above provisions.
6.
Server Abuse
Any
attempt to undermine or cause harm to a 2INTERACTIVE, LLC server or
another 2INTERACTIVE, LLC Client is strictly prohibited.
Any attempt to undermine any 2INTERACTIVE, LLC web site or a web site of
another 2INTERACTIVE, LLC Client is strictly prohibited and may result in
immediate termination of services rendered by 2INTERACTIVE, LLC without
refund. 2INTERACTIVE, LLC is the sole arbiter as to what constitutes a
violation of the above provisions.
7. Dialup Abuse
Dialup
abuse consists of dialer scripts that would keep a users computer
connected 24 hours per day. Unlimited
Access is not a ‘dedicated connection’. A dedicated connection
means you may stay connected 24x7.
While all access is un-metered, we ask that you not use auto-connect dialer
scripts that will keep your computer dialed on 24x7, even when your
computer is not being used or said to be 'on idle'. Our
radius server can detect if you are simply on idle or actually using the
service. If your usage is between 300-400 hours per month, over a 60 day period, this constitutes abuse of the above
provisions, as you are using the connection as a 'dedicated' connection (There are only 720 hours in a month). This generally
happens when you have your
machine set to 'connect automatically'. We reserve the right to
shutdown accounts that abuse this.
If you truly need a dedicated connection so that your machine is online 24x7 for business purposes, you
need DSL, T1, or a dedicated dialup account, which is about $45/month.
These provisions will keep monthly prices at a minimum, and allow us to never have to raise rates. Currently,
about 1% of all internet users abuse the above provisions.
Idle
time limits and session limits are specified below at the end of the terms
of service. If you let
your friends or relatives use your account to dialup from a separate phone
number, you may be charged a duplicate connection fee.
A duplicate connection fee is imposed when you have two users
logged on at the same time with the same username to our service.
See the bottom of section 15 for details on this.
Our system will notify us immediately of any double-login with the
calling phone number(s), username, and time connected.
8.
Indemnification
Client agrees that it will defend, indemnify, and hold harmless
2INTERACTIVE, LLC from any and all demands, fines, liabilities, losses,
costs, claims, and expenses, including attorney's fees, asserted against
2INTERACTIVE, LLC , its employees, officers, agents, and directors that
may arise or result from any service provided or performed, or agreed to
be performed, or any product sold by Client, its employees, officers,
agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless
2INTERACTIVE, LLC against any liabilities, including but not limited to,
those arising out of (1) any injury to person or property caused by any
product sold or service rendered or otherwise distributed in connection
with 2INTERACTIVE, LLC 's servers; (2) any material supplied by the Client
infringing upon or allegedly infringing upon the proprietary rights of a
third party; (3) copyright infringement; and (4) any defective products
sold to the Client's customer from 2INTERACTIVE, LLC 's servers.
2INTERACTIVE, LLC assumes no liability of the Client for failure to follow
this Agreement and any results caused by the acts, omissions or negligence
of the Client, sub-contractor or an agent of Client or an employee of any
one to them, including, but not limited to, claims of third parties
arising out of or resulting from or in connection with the Client's
products, messages, programs, caller contracts, promotions, advertising,
infringement or any claim for libel or slander or for violation of
copyright, trademark or other intellectual property rights.
9. Disclaimer
2INTERACTIVE, LLC will not be held responsible for any damages you or your
business may suffer. 2INTERACTIVE, LLC makes no warranties of any kind,
expressed or implied, for services rendered. 2INTERACTIVE, LLC disclaims
any warranty or merchantability or fitness for a particular purpose.
2INTERACTIVE, LLC assumes no liability for disruptions or improper
operation of its equipment or software for any reason, including, but not
limited to, vandalism, theft, phone service outages, Internet disruptions,
human error, extreme or severe weather conditions or any other causes in
the nature of "Acts of God" or force majeure. 2INTERACTIVE, LLC
will not be responsible for consequential damages or punitive or exemplary
damages under any circumstances. In no case will Client be entitled to
recover damages from 2INTERACTIVE, LLC .
10. Term
The term of this Agreement will continue until a notice of cancellation by
2INTERACTIVE, LLC or Client is given, or until terminated under other
provisions of this Agreement. 2INTERACTIVE, LLC reserves the right to
terminate this Agreement without cause upon notification to the Client.
2INTERACTIVE, LLC may further terminate this Agreement immediately without
notice at any time the Client breaches any part of this Agreement, or if
any program or facility used by 2INTERACTIVE, LLC to implement this
Agreement is disrupted or terminated for any reason.
11. Presumption of Agreement
By signing up with 2INTERACTIVE, LLC , be it using 2INTERACTIVE, LLC 's
online sign up form or contacting in any way an employee, officer, agent,
and director with request for 2INTERACTIVE, LLC to provide Client
services, Client (1) authorizes 2INTERACTIVE, LLC to take the actions
necessary in order to setup Client's account, including charging credit
card supplied by Client at time of sign up; and (2) agrees to each and
every provision set forth in this Agreement and shall hold to said
Agreement in the court of law.
12. Default
In the event Client defaults in any provision or fails to perform pursuant
to this Agreement, 2INTERACTIVE, LLC will be entitled to damages, costs,
and attorney's fees from the Client. A
collection agency may be appointed which will leave a mark on your credit
report.
13. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement,
as so determined by a court of competent jurisdiction, will not affect the
other provisions hereof, and in any such occasion this Agreement will be
construed in all respects as if such invalid or non-enforceable provision
were omitted.
14. Choice of Law / Venue
This
Agreement will be construed and enforced in accordance with the laws of
the State of
California
and
the venue for any action, dispute or proceeding with respect to this
Agreement will be in
California
.
Captions
The captions in this Agreement are for convenience only and will not be
used in interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications
15. Fee
Schedule & Misc Info
·
Returned
Check Fee :
$25.00
·
Declined
Credit Card Fee:
$1.00
·
Duplicate
Connection Charge: $5.00
per instance
·
Finance
Charges:
18% annum ( 1.5%/mo)
·
Inactivity
Idle Timer:
15 minutes
·
Session
Limit
6 hours
2INTERACTIVE,
LLC may make amendments or modifications to this Agreement at any time.
Whenever practical, 2INTERACTIVE, LLC will notify Client of changes to
this Agreement.
I've
read the aggreement, and I'd like to order using...
A
Secure
Connection.
/ A
Non-Secure Connection
.
Contact: info@chiconet.com
Phone: (530)343-6777
 
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