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TERMS OF SERVICE
This SpeedSpan Internet Connection Service
("Service") is being provided
to you, the end-user ("You"),
by the SpeedSpan Internet Service provider
("We" or "Us"). Please
read the following, our Privacy Policy,
and the specifics of our offering (e.g.,
Fees) at the time you registered (collectively
referred to as "Agreement")
before proceeding. You are authorized
to access and use this Service when You
have completely filled in all the required
registration information and indicated
Your agreement with terms of this Service.
This Agreement, its Fee Schedule and Your
registration information are the complete
agreement between You and Us regarding
this Service and replace any prior oral
or other communications between us. In
case of any conflict between the Agreement
and its Fee Schedule, the Fee Schedule
shall take precedence. YOUR ACTION IS
REQUIRED TO CANCEL THE SERVICE. CANCELLATION
MAY BE PROCESSED BY WWW PAGE, OR BY PHONE.
1) Charges
You will incur Dial Access charges as
specified in the Fee Schedule for this
Service. We may, at Our option, elect
to accept Your credit card or Your debit
card for payment. If You have provided
us with Your credit or debit card for
payment and We have accepted this mode
of payment, all charges that You incur
for use of the Service will be debited
to the card number You provide to Us.
Should You decide not to use the Service,
You must cancel Your registration or You
will be invoiced for the relevant charges
for the Service. Should this card number
expire or should We otherwise be unable
to debit valid charges to this card number,
We may immediately and without notice
withdraw Your access to the Service. We
may take commercially reasonable actions
to validate Your credit card.
2) Description
Under this Agreement, We provide You daily
access to end use of the Service for the
specific purpose of enabling You to access
the Internet and offerings available on
the Internet. Dial access is via telephone
number(s) which We provide to You. With
regard to Internet offerings, You are
responsible for: 1. determining what offerings
are available via the Internet and whether
or not an offering meets Your requirements;
2. obtaining user IDs in order to access
other offerings and contacting the provider
directly if You have problems with their
offering; 3. obtaining and adhering to
all other terms associated with usage
of Internet, a specific Internet offering,
or an intermediate provider's offering
which We use for access to the Internet.
We also may make www pages available for
problem resolution and information.
3) General Practices
regarding use and storage
A.Service Description: We provide
only a path to access the Internet. We
provide access that is generally unrestricted
and unlimited, except that the Service
is not provided for a continuous connection,
such as to or from a server of any type
or for monitoring. We do not own or control
all of the various facilities and communication
lines through which access may be provided.
Accordingly, We shall not be responsible
for user/access security nor do we warrant
that the available access number will
be a local call from your area code and
exchange. Availability and content of
an Internet offering are the responsibility
of the Internet offering provider. Certain
Internet offerings may contain language
or pictures which some individuals may
find offensive, inflammatory, or of an
adult nature. Such contents are the sole
responsibility of the Internet offering
provider. We do not endorse such materials
and disclaim any and all liability for
their content.
B. Service Limits: You acknowledge that
We may establish general practices and
limits concerning use of the Service,
including without limitation the maximum
number of days that email messages, message
board postings or other uploaded Content
will be retained by the Service, the maximum
number of email messages that may be sent
from or received by an account on the
Service, the maximum size of any email
message that may be sent from or received
by an account on the Service, the maximum
disk space that will be allotted on Our
servers on your behalf, and the maximum
number of times (and the maximum duration
for which) you may access the Service
in a given period of time. You agree that
We have no responsibility or liability
for the deletion or failure to store any
messages and other communications or other
Content maintained or transmitted by the
Service. You acknowledge that We reserve
the right to log off accounts that are
inactive for an extended period of time.
Inactivity is defined as periods when
no activity is detected through electronic
means that suggests a dialup user is not
present to use the account. Electronic
or mechanical means to avoid an inactivity
disconnection are discouraged.
4) Electronic
Communications Between You and Us
Each of us may communicate with
the other by electronic means as described
in this Agreement and its registration
information. Each of us agrees to the
following for all electronic communications:
1. the User Identification of a sender,
contained in an electronic communication,
is legally sufficient to verify the sender's
identity and the communication's authenticity;
2. an electronic communication sent by
You containing Your User Identification
establishes You as its originator and
has the same effect as a document with
Your written signature on it: and 3. an
electronic communication, or any computer
printout of it, is a valid proof of the
validity of the original content of the
electronic communication.
5) General Terms
Each of us agrees that: 1. all information
exchanged by both of us is nonconfidential;
2. unless otherwise provided for in this
Agreement, either party may terminate
this Agreement, with or without cause,
by giving notice to the other, in such
case the Agreement will terminate at the
end of the month in which notice is given;
3. any terms varying from this Agreement
in any order, written or electronic communication
from You are void; 4. neither of us grants
the other any license to use either party's
patents, copyrights, trade secrets, or
other intellectual property rights; 5.
neither party will bring a legal action
more than one year after the cause of
action arose; 6. You agree not to reproduce,
duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion
of the Service; 7. if any provision of
this Agreement is determined to be invalid,
all other provisions shall remain in force;
and, 8. this Agreement and all Your rights
and obligations are governed by the laws
of the USA and the State of Ohio where
the SpeedSpan Internet service provider
is located.
6) Dealing with
Advertisers
Your correspondence or business dealings
with, or participation in promotions of,
advertisers found on or through the Service,
including payment and delivery of related
goods or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and such advertiser. You agree
that We shall not be responsible or liable
for any loss or damage of any sort You
may incur as the result of any such dealings
or as the result of the presence of such
advertisers on the Service.
7) Our Responsibilities
We will: 1. provide You with a User Identification
code to enable access to the Service.
The Service allows You to enter and maintain
Your registration information; 2. send
any electronic notice to You at the User
Identification code We provide You; 3.
provide You with a telephone number to
enable You to connect to the Service;
4. provide You electronic or written notice
if We change or terminate this Agreement,
increase Service charges, or change invoicing
procedures. Such changes shall be effective
immediately; and 5. provide access to
the current Agreement and any succeeding
Agreement, as applicable so that You may
retrieve it or view it online.
8) Your Responsibilities
You agree: 1. to review any Agreement
updates We provide. Your continued use
of the Service shall be construed as Your
acceptance of the updated Agreement terms;
2. to provide to Us, Your accurate and
truthful registration information (such
as Your name, address, telephone number
and credit card information) and to keep
current all registration information,
using the Service; 3. that We may use
Your name, User Identification code and
other identifying information in Our user
directory; 4. not to assign, or otherwise
transfer, this Agreement or Your rights
under it, delegate Your obligations, or
resell the Service. Any attempt to do
so is void; 5. that You are responsible
for the results obtained from the use
of the Service; 6. not to introduce viruses,
worms, harmful code and/or Trojan horses
on the Internet; 7. to obtain, install,
and maintain suitable equipment and software
as necessary to access the Service; 8.
not to use the Service for any criminal
or illegal activities, or post any information
that might be legally actionable; 9. not
to use the Service for spamming or flaming
to hack or otherwise obtain unauthorized
access; 10. not to seek redress from the
SpeedSpan Internet Service provider if
You are harmed or offended by information,
products or services which You access
through the Service or other Internet
offering provider's service; 11. be responsible
for accurately addressing information
sent using the Service; 12. to obtain
all required permissions if You use the
Service to receive, upload, download,
display, distribute, or execute programs
or perform other works protected by intellectual
property laws including copyright and
patent laws; 13. to comply with all applicable
laws, regulations, or conventions including
those related to data privacy, international
communications, and exportation of technical
or personal data; 14. not to delete or
alter author attributes or copyright notice,
unless expressly permitted in writing
by the author or owner; 15. to give all
required notices under this Agreement
by calling Your local support center;
16. to pay any taxes resulting from Your
use of the Services provided under this
Agreement; 17. to pay charges for all
Service usage You incur by any means;
18. to promptly notify Us if you suspect
unauthorized use of the Service or your
User Identification. Until notified, You
remain responsible for unauthorized use.
Liability for use of a credit, debit or
charge card remains subject to Your agreement
with Your card issuer; 19. to provide
Us with the requested identification when
requesting password reset or in connection
with other security matters; and 20. to
indemnify SpeedSpan and Our Licensors
for any damages or costs associated with
Your breach or failure to perform Your
responsibilities hereunder.
9) Disclaimer
of Warranty and Limitation of Liability
WE WARRANT THAT, IF AN END-USER IS DISSATISFIED
WITH THE SERVICE OR ANY FEATURE PROVIDED
IN OR THROUGH THE SERVICE, UPON NOTICE
FROM THE END-USER, WE WILL TERMINATE THE
AGREEMENT AND, UPON REQUEST REFUND THE
UNUSED PORTION OF ANY PREPAID FEES FOR
THE CURRENT MONTH AND ANY FUTURE MONTHS,
LESS ANY BALANCES OTHERWISE DUE US. THIS
IS YOUR SOLE AND EXCLUSIVE REMEDY. THE
SERVICE, PROGRAM AND ANY OTHER PRODUCT
WHICH WE PROVIDE TO YOU AS PART OF OUR
SERVICE ARE PROVIDED "AS IS."
EXCEPT AS SPECIFICALLY SET FORTH HEREIN,
NEITHER WE NOR OUR LICENSORS MAKE ANY
WARRANTIES, REPRESENTATIONS OR CONDITIONS
OF MERCHANTABILITY, QUALITY, AND FITNESS
FOR A PARTICULAR PURPOSE RELATING TO OUR
PROGRAM, SERVICE, AND/OR RELATED PRODUCTS
THAT WE OR OUR LICENSORS PROVIDE OR THE
SERVICE AND/OR PRODUCTS OF ANY OTHER SERVICE
PROVIDER. DO NOT USE THE PROGRAM, SERVICE
OR RELATED PRODUCTS IN ANY HIGH RISK ACTIVITIES
WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY,
ENVIRONMENT OR BUSINESS MAY RESULT IF
AN ERROR OCCURS. YOU EXPRESSLY ASSUME
ALL RISK FOR SUCH USE. WE DISCLAIM ANY
WARRANTY OF TITLE OR ANY OTHER WARRANTIES
FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
ALL SUCH WARRANTIES AND REPRESENTATIONS
ARE HEREBY EXCLUDED. WITHOUT LIMITATION,
NO WARRANTY IS GIVEN THAT THE PROGRAM,
SERVICE OR PRODUCTS ARE ERROR-FREE. WE
DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES
WILL PREVENT THE LOSS OF, ALTERATION OF,
OR IMPROPER ACCESS TO, YOUR INFORMATION.
WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS
AND TRANSMISSION ERRORS IN, CORRUPTION
OF, OR THE SECURITY OF YOUR INFORMATION
CARRIED OVER INTEREXCHANGE CARRIERS',
LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS'
FACILITIES. WE, INCLUDING OUR LICENSORS,
DISCLAIM ANY LIABILITY OR RESPONSIBILITY
ARISING FROM ANY CLAIM THAT YOUR ACCESS
OR USE OF THE PROGRAM, SERVICE, AND/OR
RELATED PRODUCTS WE PROVIDE OR ANY OTHER
SERVICE PROVIDER'S SERVICE OR PRODUCTS
INFRINGES ANY THIRD PARTY'S INTELLECTUAL
PROPERTY RIGHTS. IN NO EVENT ARE WE OR
OUR LICENSORS LIABLE FOR : A) DIRECT,
SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY THEREOF INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS, LOST BUSINESS
REVENUE, OR FAILURE TO REALIZE EXPECTED
SAVINGS; OR, B) ANY CLAIMS AGAINST YOU
BY ANY OTHER PARTY. This Section applies
to all claims by You irrespective of the
cause of action underlying Your claim,
including, but not limited to: a) breach
of contract, even if in the nature of
a breach of condition or a fundamental
term or a fundamental breach, or b) tort,
including but not limited to negligence
or misrepresentation. In no event are
We or Our Licensors liable for any damages
arising from Your failure to perform Your
responsibility in connection with this
Agreement, or arising from any cause beyond
Our control, including but not limited
to delay in the performance of Our obligations
or misuse of Your Userids. All limitations
and disclaimers stated in this Section
also apply to Our Product Licensors as
intended beneficiaries of this Agreement.
Any rights or limits stated herein are
the maximum for which we are collectively
responsible.
10) Your Additional
Rights
You may have additional rights under certain
laws (such as consumer laws) which do
not allow the exclusion of implied warranties,
or the exclusion or limitation of certain
damages. If these laws apply, Our exclusions
or limitations may not apply to You.
11) Handling of
Your Information
We maintain routine security procedures
for your data while it is stored on or
transmitted over equipment and facilities
we control. You are responsible for management
of Your data stored on or transmitted
over our network. Such management includes,
but is not limited to, backup and restoration
of data, erasing data from disk space
You control, and your selection and use
of the security facilities and options
that We provide as Services. Apart from
the Services We provide, You are responsible
to develop and maintain any security procedures
You deem appropriate, such as logon security
and encryption of data, to protect Your
information. Solely for the purposes of
network maintenance, We may need to view
and work with portions of the data You
transmit over our network such as address
header information. You agree that We
may use, copy, display, store, transmit,
translate, rearrange or reformat, view
and distribute Your data for such purposes.
We agree not to reverse assemble, reverse
compile, or to disclose to third parties
the information You transmit over our
network while using the Service (unless
required by law, court order, an authorized
government entity, or as otherwise authorized
by You). Either of us is free to use an
idea, concept, know-how, or technique
offered or provided by the other or developed
jointly by both of us, subject to patents
and copyrights held by the other party.
12) Service Availability
and Access
This Service is generally available daily,
seven days a week, except for maintenance.
Service maintenance generally takes place
from 3 a.m. until 5 a.m. (U.S. Eastern
time) on Sunday. In addition, the registration
facilities are generally not available
from 9 p.m. Saturday until 5 a.m. (U.S.
Eastern time) on Sunday. However, We may
at anytime without notice or liability
restrict the use of the Service or limit
its time of availability in order to perform
maintenance activities.
13) Miscellaneous
We reserve the right to immediately withdraw
the Service (in whole or in part) from
You if, in Our opinion, Your use of the
Service is disruptive, causes a malfunction
of the Service, violates the terms of
this Agreement, if We receive information
that the Service or Your use of the Service
(or any part thereof) may violate any
copyrights or other intellectual property
rights of Ours or a third party or any
other applicable laws and regulations,
or if We receive an order from a court
of competent jurisdiction requiring Us
to do so. You agree that you must evaluate,
and bear all risks associated with, the
use of any Content, including any reliance
on the accuracy, completeness, or usefulness
of such Content. If You connect to the
Service automatically, without manually
entering Your User Identification code,
You must understand that anyone, including
a child, who has access to Your computer
can also gain access to the Service or
other services that You disapprove of
and could abuse Your personal registration
information.
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Our goal at SpeedSpan is to provide a
high quality Internet service to our customers.
To ensure our high standards are met,
we have certain responsibilities regarding
the use of our network. The Acceptable
Use Policy below describes activities
which SpeedSpan considers to be violations
of the terms of the Agreement for SpeedSpan
Network Access to Internet Service (Terms
of Service) and which are therefore prohibited.
The examples listed are not exhaustive
and may change from time to time. They
are provided solely for guidance to SpeedSpan
customers. If you are unsure whether any
contemplated use or action is permitted,
please email postmaster@SpeedSpan.com
for assistance. Please be advised that
SpeedSpan intends to exercise its rights
under the Terms of Service to immediately
terminate service, without notice, to
any account that has been used in a manner
that is disruptive or is otherwise in
violation of the Terms of Service.
Actions which SpeedSpan considers violations
of the Terms of Service include the following:
SYSTEM AND NETWORK Attempts to obtain
unauthorized access, such as attempts
to circumvent user authentication or security
of any host, network or account ("cracking").
This includes accessing data not intended
for the customer, logging into a server
or account the customer is not expressly
authorized to access or probing the security
of other networks. Attempts to interfere
with service to any user, host, or network.
This includes "denial of service"
attacks, "flooding" of networks,
deliberate attempts to overload a service
and attempts to "crash" a host.
Use of any kind of program/script/command
designed to interfere with a user's terminal
session. Attempts to maintain a continuous
connection when a person is not present
to use the Service, such pinging or using
software or mechanical means to give the
appearance of an active connection.
EMAIL Harassment, whether through language,
frequency, or size of messages. Sending
email to any person who does not wish
to receive it. If a recipient asks to
stop receiving email, the customer must
not send that person any further email.
Sending unsolicited bulk mail messages
("junk mail" or "spam")
which, in SpeedSpan's sole judgment, is
disruptive or generates a significant
number of user complaints. This includes
bulk-mailing of commercial advertising,
informational announcements and political
tracts. Forwarding or otherwise propagating
chain letters and pyramid schemes, whether
or not the recipient wishes to receive
such mailings. Malicious email, such as
"mailbombing" or flooding a
user or site with very large or numerous
pieces of email. Forging of header information.
Accounts may not be used to collect replies
to messages sent from another Internet
Service Provider where those messages
violate this Acceptable Use Policy or
the Acceptable Use Policy of that other
provider.
USENET Posting the same or similar messages
to large numbers of newsgroups (excessive
cross-posting or multiple-posting, also
known as "USENET spam"). Posting
a message whose subject or content is
considered unrelated to the subject matter
of the newsgroup in which it is posted.
Posting chain letters of any type. Posting
binary files to newsgroups not specifically
named for that purpose. Canceling or superseding
posts other than your own, with the exception
of official newsgroup moderators performing
their duties. Forging header information.
This includes attempting to circumvent
the approval process for posting to a
moderated newsgroup or attempting to evade
local or remote spam filters.
PERSONAL WEB SPACE INCLUDING Face Page
and e-Pics Page Selling any products or
services that are unlawful in the location
at which the content is posted or received.
Posting any content of the nature set
forth in 47 U.S.C. Section 230(c)(2)(A)
(i.e., material that is obscene, lewd,
lascivious, filthy, excessively violent,
harassing or otherwise objectionable).
Posting any content that advocates, promotes
or otherwise encourages violence against
any governments, organizations, groups
or individuals or which provides instruction,
information or assistance in causing or
carrying out such violence. Failing to
obtain all required permissions to receive,
upload, download, display, distribute,
or execute programs or perform other works
protected by intellectual property laws
including copyright and patent laws. Deleting
or altering author attributes or copyright
notices, unless expressly permitted in
writing by the author or owner. Posting
of libelous, defamatory, scandalous, threatening,
harassing or private information without
the permission or consent of the person(s)
involved, or posting content that is likely
to cause emotional distress. Introducing
viruses, worms, harmful code and/or trojan
horses on the Internet. Using SpeedSpan
provided personal web space as a bulletin
board or chat room.
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In the U.S., the following is SpeedSpan's
agent to receive notifications of claimed
infringement in accordance with the U.S.
Online Copyright Infringement Liability
Limitation Act: Steve Strauss, Esq. Cincinnati,
OH
Note: The information provided above
is for communications under the U.S. Online
Copyright Infringement Liability Limitation
Act ONLY. Do not send any other notices
(including notifications of account termination),
service complaints or other communications
regarding this Service to the person or
address listed above. In particular, note
that notifications of account termination
and similar notifications will not be
accepted nor effective if sent to the
above.
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