offers Internet access and related services, including the hosting of Web Sites, through its system to its Subscribers ("Subscribers"). does not, and cannot, control the content, quality or accuracy of information available through the services provides or over the Internet in general. and all of its employees are NOT RESPONSIBLE FOR THE CONTENT OF ANY MATERIAL hosts, publishes, or that is not created by . All Web pages created by remain the exclusive intellectual property of . Subscribers shall acquire no rights of any kind in such materials.
These Terms of Service set forth the basic rules which apply to ' services. may change these Terms of Service in the future upon notice published on-line or otherwise provided by . BY USING ' SERVICES, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ON LINE OR OTHERWISE AVAILABLE FROM . If the Terms of Service, ' services or ' pricing is or becomes unacceptable to a Subscriber, the Subscriber's only right shall be to terminate its contract in accordance with the Section labeled 'Cancellation and Termination of Contract' below.
To the extent that any of these Terms of Service are found to conflict with any Internet access service agreement or web hosting agreement then in force between and the Subscriber, the terms of the Internet access service agreement or web hosting agreement shall control.
Changes to Service
The services provided by are expected to change from time to
time. reserves the right to change any service offered or the
features of any service offered or its system without prior notice,
including changes to access and use procedures and system hardware and
software.
Payment Terms
Each Subscriber is responsible for any and all fixed and accumulative
charges for Subscriber's account. The first month's service fee (or
other available billing period selected) is due upon account setup.
Each month (or other billing period selected), on the date of the application,
the account will be charged the monthly access and any other fees for
the new month plus any accumulated charges for the past month. Unused
hours do not accrue from one month to the next. Failure to use this
account(s) does not relieve the Subscriber of payment obligations. Further,
Subscriber is responsible for ALL charges associated with connecting
to . Subscriber agrees that any telephone charges incurred are
Subscriber's responsibility. Depending upon Subscribe's calling location,
the nearest access number may not be a local phone call and Subscriber
may be subject to long distance charges. Subscriber should check with
Subscriber's local phone company to determine whether any particular
access number is a local call. If Subscriber accesses from
certain access numbers, Subscriber may be assessed communication surcharges
on Subscriber's telephone bill. These apply even if Subscriber has selected
an unlimited access account. Subscriber is responsible for all activities
and charges under Subscriber's account(s), including any unauthorized
charges to Subscriber's account.
Payment by Credit Card
Credit card Subscribers agree to allow to bill such card on
each successive billing date without obtaining the Subscriber's permission
after the initial charge. Credit card Subscribers shall notify
of any changes in credit card number or expiration date. If the card
is not honored for any reason, will attempt to notify the card
holder by using the telephone information given at sign-up and by email.
will call the card holder, and if alternative billing has not
been established within five (5) days, the account will be disabled.
Payment by Check
If payment is by check or money order, payment due dates are indicated
on Subscriber's email invoice. Dishonored checks are subject to a collection
fee and Subscriber's account may be suspended until the account is current.
If payment is not received within five (5) days of the due date, service
will be terminated until such time that payment has been received by
.
Cancellation and Termination of Contract
has the right to terminate service for any unpaid subscriptions.
Accounts in default are subject to an interest charge of 1.0% per month
(12% per annum) on the outstanding balance. Termination of service shall
not relieve the Subscriber from the obligation to satisfy outstanding
invoices. In the event utilizes an attorney to collect such
sums, the Subscriber shall be responsible for the payment of all of
\s actual attorneys' fees and costs incurred in the collection
of these sums.
reserves the right to cancel service for any reason without prior notice. In case of cancellation without cause, unused fees may be returned to the Subscriber on a monthly basis.
Termination or suspension does not release liability for charges due. may delete all data, files or other information that is stored in Subscriber's Web Site upon termination, as well as delete any and all email that may be sitting in Subscriber's mailbox.
The Subscriber must notify in writing to cancel service. Fees for any setup, software, and the first month's service are not refundable, unless the Subscriber is unsuccessful in using the account and notifies within five (5) days of establishing said service. There are no refunds for prepaid subscriptions.
Also, a nonrecurring charge (installation fee) is waived unless customer cancels prior to commitment period. Any further termination fee assessment will be at the discretion of the company.
Subscriber's Rights
The right to use ' service is not transferable. Accounts are
for Subscriber use only. Subscriber is responsible for the confidentiality
of Subscriber's passwords. Loaning Subscriber's account to others, connecting
a system used by multiple persons, group use of Subscriber log-ins,
and consuming more than one modem line are expressly prohibited unless
agreed upon in advance by . If the Subscriber has multiple accounts,
then the Subscriber is limited to one log-in session per system account
at any time. Violation of this policy will be considered as theft of
service and will be prosecuted under civil and criminal law.
Lawful Use
' services may only be used for lawful purposes and in a manner
which believes, in its sole discretion, to be consistent with
the rights of other Subscribers and third parties. While
is not responsible for the content of hosted Web Sites, content on all
' hosted Web Sites must comply with all laws and must not infringe
the rights of any third party. ' services and system may only
be used for lawful purposes and consistent with all rights of other
parties. Without limiting the foregoing, ' services shall not
be used in a manner which would violate any law or infringe any copyright,
trademark, trade secret, right of publicity, privacy right or any other
right of any person or entity or for the purpose of transmitting or
storing of material which is obscene, libelous, misleading, false, untrue
or defamatory. Use and access to other networks and Web Sites through
' services must comply with the rules for such other networks
and Web Sites. is under no obligation to monitor information
transmitted to or from Subscribers via ' services. If
determines that any material that it considers objectionable is stored
or referenced on ' facilities, reserves the right
to remove such material.
Acceptable Use
Subscriber shall not (and shall not permit or assist others to) abuse,
fraudulently use, or otherwise use the ' services for any purposes
other than those for which it was intended. Without limiting the foregoing,
Subscriber shall not:
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' services should not be used to send unsolicited advertising or promotional materials to any other Internet e-mail address. Electronic mail and appropriate Usenet newsgroups may be used in the conduct of legitimate business. We do not allow Subscribers to run mail lists, list servers or any form of auto-responder from a Subscriber' account. Processes that run or are activated while the Subscriber is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and will not be tolerated. When becomes aware of possible violations, will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, may suspend access to services to the Subscriber account in question. Confirmation of violations may result in cancellation of the Subscriber account and/or criminal prosecution. The account suspension may be rescinded at the discretion of following payment of a reconnection charge. Use of a Subscriber's account to 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 engaging in any kind of illegal activity is expressly prohibited. Subscriber will abide by all rules, regulations and policies of those networks and computer systems accessed via Subscriber's account. If the Subscriber is unsure of those policies, it is the Subscriber's responsibility to ascertain said policies.
Subscriber's Web Sites
In addition to any web hosting agreement with , the following
terms apply to Subscriber web sites.
Subscriber shall access Subscriber's website solely through the Internet. Subscriber's access to Subscriber's website via the Internet is subject to separate agreements with either or other Internet access providers. Subscriber is responsible for obtaining its own Internet connectivity to access ' facilities, and for all costs of such connectivity. Subscriber is solely responsible for all hardware and software Subscriber may need to access, administer and maintain Subscriber's website.
Subscriber is solely responsible for all content on Subscriber's website, including any content or materials of a third party that Subscriber permits or enables to be posted on or accessed through Subscriber's website. Subscriber is also solely responsible for the creation, posting, updating and maintenance of all content on Subscriber's website, and management and editorial control of Subscriber's website's content.
Subscriber shall be solely responsible for obtaining, registering, and the appropriate use of all domain names used by Subscriber. Any Internet protocol addresses or other network numbers assigned by to Subscriber shall remain the property of and reserves the right to reassign or reissue any Internet protocol addresses to others.
Subscriber agrees not to use any bandwidth or storage space in excess of the amount provided under Subscriber's Web Hosting Agreement. If Subscriber's usage exceeds allowed bandwidth or storage space, may, in its sole discretion, charge Subscriber for excess bandwidth or storage space at its rates then in effect, suspend the performance of service, or terminate this Agreement. Subscriber shall not be entitled to a refund of any unused prepaid fees in the event of such suspension or termination.
Subscriber is solely responsible for handling, processing and filling any requests for goods or services generated by Subscriber's website, and shall be solely responsible for properly addressing inquiries or complaints arising from or related to Subscriber's website. Subscriber shall indemnify and hold harmless from any claims of third parties arising in any way from any person's use of Subscriber's website. Subscriber agrees to pay or cause to be paid all taxes and fees applicable to its website and any business transacted through Subscriber's website.
Online Copyright Infringement Policy
will comply with the provisions of the Online Copyright Infringement
Liability Limitation Act ('the Act') (17 U.S.C. ' 512) concerning the
removal from its system of, or the blocking of access to, material which
infringes on a copyright or as to which receives notification
of claimed infringement as provided under the Act. This remedy is in
addition to any other remedy available to under the Terms of
Service or as otherwise provided by law. ' designated agent
for receiving notification of claimed copyright infringement is:
Full Address of Designated Agent to Which Notification Should be Sent: Richard Handrow
440 East Grand Avenue Wisconsin Rapids, WI 54494
Telephone Number of Designated Agent: 888-676-8638
Facsimile Number of Designated Agent: 715-424-8251
Email Address of Designated Agent: richardh@solarus.net
The accounts of any Subscriber infringing on a copyright may be terminated with or without prior warning, depending on the frequency and severity of the violation. does not monitor or screen materials on its network. Any other abuse of services should be reported to the copyright agent named above.
Compatibility of Hardware or Software
Subscriber shall be responsible for the use and compatibility of any
hardware or software not provided by . makes no warranty,
guarantee or representation that any particular device or software not
provided by will function properly with the Internet information
and communication link. Subscriber's responsibility for payment shall
not be reduced or changed by virtue of any hardware or software provided
by failing to function or being incompatible with the Internet
information and communication link.
Servers shall only be placed behind InNet Pro Service of not less than 1 Meg bandwidth, at an additional charge. Internet Servers such as web, game, and FTP will not be permitted on InNet DSL connections. These services are permitted with our Internet Direct Connect Service. E mail servers, however, are an exception, and will be permitted to run on InNet xDSL connections.
NO WARRANTY; LIMITATION OF LIABILITY
USE OF ' SERVICES AND THE INTERNET IN GENERAL IS AT SUBSCRIBER'S
SOLE RISK. DOES NOT WARRANT THAT THE SERVICES PROVIDED
WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM UNAUTHORIZED INTRUSION,
OR THAT ' SERVICES OR SYSTEMS WILL MEET ANY PARTICULAR CRITERIA
OF PERFORMANCE OR QUALITY; NOR DOES MAKE ANY WARRANTY AS TO
THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICES OR THE
INTERNET IN GENERAL. ' SERVICES ARE PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF
WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES
SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING
THE FOREGOING, WILL NOT BE LIABLE FOR:
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THE MAXIMUM LIABILITY OF TO ANY SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO ' NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER TO DURING THE ONE MONTH PERIOD PRECEDING THE CLAIM.
Indemnity
The Subscriber agrees to indemnify and hold harmless , its directors,
officers, shareholders, agents, employees and its other Subscribers
from any and all claims, liabilities, damages, or expenses, including
attorney fees, arising out of or resulting from any and all use of Subscriber's
account or the Subscriber's Web Site, whether or not authorized.
Privacy
treats email messages as private. Exceptions are those permitted
by law, including, for example: (i) as necessary to operate the system
or protect ' rights or property; (ii) upon legal demand (court
orders, warrants, subpoenas); or (iii) where receives information
inadvertently which appears to pertain to the commission of a crime.
Subscribers should be aware that electronic messages may be intercepted
lawfully or unlawfully outside of ' system. In addition, although
has implemented certain security measures, cannot guaranty
that its system or stored data of a Subscriber will be free from unauthorized
intrusion or otherwise guaranty the privacy of information of any Subscriber.
Subscriber consents to ' collection and use of personal information
collected in the course of ' providing services to Subscriber.
' collection and use of Subscriber's personal information is subject
to the terms of ' privacy policy as posted on its Web Site at
www.tznet.com.
Interpretation and Enforcement
Subscriber agrees that exclusive jurisdiction for any claim or dispute
arising from use of ' service resides in the courts located
in the State of Wisconsin. Subscriber consents to the personal jurisdiction
of the courts located in Wood County, Wisconsin, as to any claim or
dispute arising from use of ' service. These Terms of Service
supersede all other written and oral communications or agreements with
regard to the subject matter. A waiver or modification of these Terms
of Service shall only be effective if in a writing signed by an authorized
officer of . These Terms of Service shall be governed by and
interpreted in accordance with the laws of the State of Wisconsin without
regard to conflict of law principles. If any provision of these Terms
of Service is found to be unenforceable or invalid, the remaining provisions
shall be enforceable and valid to the greatest extent permitted by law.
These Terms of Service apply in addition to any Internet access service
or web hosing agreement between and the Subscriber.