2Interactive, LLC ISP Internet Access
Agreement
2interactive, LLC,
Mail
Office 242 Broadway
Phone 530-343-6777
In the
document below "2Interactive , LLC and all its
child companies including all subsidiaries." are defined as
"2interactive".
1. Description of
Services
2INTERACTIVE, LLC is a web presence provider allowing Client's web site to be
accessed via Client's domain name (i.e theirname.com) 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."
2INTERACTIVE, LLC handles the registration process for Client's requested
domain name. 2INTERACTIVE, LLC in no way holds any responsibility for payment
of fees required by InterNIC for Client's domain name. Client agrees to pay all
charges requested by InterNIC who will bill client separately without any
contact with 2INTERACTIVE, LLC .
2. Authorization of Charges
Client authorizes 2INTERACTIVE, LLC to charge credit card supplied by Client
per month. If Client requests additional storage space Client authorizes
2INTERACTIVE, LLC to charge an additional twenty-five hundredths (.25)
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.
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
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 cnstitutes 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. 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.
8. 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 .
9. 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.
10. 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.
11. 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.
12. 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.
13. Choice of Law / Venue
This Agreement will be construed
and enforced in accordance with the laws of the State of
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
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.
Before you
begin to explore the Internet, you ("you", "your",
"yourself", and/or "subscriber") will need to review the
following terms and conditions of 2Interactive Internet Service (the
"2Interactive’s services"). These terms and conditions will
constitute a binding contract between you and 2Interactive. They explain
2Interactive obligations to you, and explain your obligations to 2Interactive
when you use 2Interactive’s services. By using the 2Interactive’s services, you
agree that your use of the 2Interactive’s services and your access to the
Internet is provided in consideration of your agreement to abide by these
following terms and conditions.
I. Terms of
Internet Access Agreement.
1. Current
Account Charges, including billing methods, rates, and surcharges for using the
2Interactive’s services, may be obtained by calling 2Interactive Customer
Service at 530-343-6777.
2. You agree
that 2Interactive may: (1) revise the terms and conditions of this Agreement;
(2) revise its billing rates and account surcharges, and; (3) revise the
services provided under this Agreement at any time. Any such revisions will be
binding and effective immediately on posting the revised agreement on
2Interactive Home Page (http://www.2Interactive.com), or on notification to you
by e-mail or
3. You agree
to review this agreement periodically to be aware of any such revisions. If any
revision to this agreement is unacceptable to you, you may terminate this
agreement at any time by providing 2Interactive with written notice by
4. You agree
that, by continuing to use the 2Interactive’s services following notice of any
revision to the Agreement, you accept any such revisions and agree to abide by
any such revisions.
5.
2Interactive, reserves the right to distribute informative emails to our
subscribers on an ad hoc basis that it feels is pertinent to the quality of our
service. These announcements are predominately informative in nature and often
provide our subscribers with notification describing changes, upgrades, and
other critical information pertaining to this evolving medium.
II. Payment.
1. Service
provided by 2Interactive is billed on or near the 1st of each month for that
month i.e. payment in advance of service. Payment is due by the 15th of the
same month.
2. Any
balance past due more than thirty (30) days will be billed a late fee of 1.5%
each month. Accounts sixty (60) days past due will be suspended, subject to a
$10 reactivation fee and may require a credit card be kept on file.
3. Any
account suspended will forfeit any rights to any refunds.
4. Payments
for customers with hard copy billing are still due on the 15th of the month
regardless of the date the bill is sent. Hard copy bills are a courtesy only.
Customers may call our office at 530-343-6777 at any time to find their current
balance.
5.
2Interactive may charge a fee to send hard copy bills. Sending of invoices by
e-mail will carry no fees and is the standard billing method.
6. You agree
to be liable for any and all charges related to collections or attorneys fees
for overdue, late, and unpaid accounts. You also agree to pay 2Interactive at a
rate of $25 per hour for time spent collecting on overdue, late, and unpaid accounts.
III.
Registration Information.
1. You agree
to provide 2Interactive with accurate, complete, and updated registration
information. If you do not provide 2Interactive with accurate registration
information, you are not authorized to use the 2Interactive’s services and your
account may be terminated immediately.
2. You agree
that by using the 2Interactive’s services you represent you are at least
eighteen year old and that you are able to legally enter into this agreement.
IV. Internet
2Interactive’s services.
1.
2Interactive, LLC ISP Internet 2Interactive’s services will provide you with:
(1) unlimited connectivity to the Internet; (2) no cancellation fees; and (3)
free customer technical phone support.
2. The
Internet is not owned, operated, or managed by, or in any way affiliated with
2Interactive or any of 2Interactive affiliates. The Internet is an
international computer network of both Federal and non-Federal inter-operable
packet switched data networks. 2Interactive cannot and will not guarantee that
the 2Interactive’s services will provide Internet access that is sufficient to
meet your needs. You agree that your use of the 2Interactive’s services and the
Internet is solely at your own risk and is subject to all applicable local,
state, national and international laws and regulations.
3. You agree
that 2Interactive retains the right, but not the obligation, to restrict or
terminate your 2Interactive’s services at any time, if 2Interactive, in its
sole discretion, determines that you are in violation of this agreement. You
agree that, if 2Interactive determines that you are in violation of this
agreement, any restriction or termination of your 2Interactive’s services will
be effective immediately, without prior notice. You agree that 2Interactive
will have no liability to you for any restriction or termination of your
2Interactive’s services pursuant to such violation.
4. You agree
to follow the rules in the 2Interactive Online Policies. If there are any
conflicts between this document and the 2Interactive Online Policies, this
document will take precedence.
5. You agree
that if 2Interactive terminates your access account as a result of your
violation of 2Interactive Online Policies or this agreement, you forfeit any
right to a refund of any prepaid account charges, such forfeiture being agreed
to you by you and 2Interactive as liquidated damages and not as a penalty. You
further agree that if you violate 2Interactive Online Policies, 2Interactive
may refuse to accept any application for renewal or re-subscription following
cancellation.
6. You agree
that if you cancel your account with 2Interactive, it is at 2Interactive sole
discretion if you recieve a refund of any prepaid service.
7. You are
responsible for verifying that the phone number you are calling the Internet
through 2Interactive is a local access number to which your computer is
dialing. Any telephone charges associated with your access to the Internet
through 2Interactive are solely your responsibility. 2Interactive DOES NOT
REIMBURSE OR PAY ANY TELEPHONE CHARGES FOR ANY REASON.
8. During
times of Declared States of Emergencies and Mandatory Evacuations, the
2Interactive’s services may not be operational. Tech Support via e-mail and
telelphone will not be available during these time.
V. Content
of Communications.
1. The
2Interactive’s services provides you access to information, communications,
software, photos, video, graphics, music, sounds and other material and
services located both on 2Interactive computer servers and on the Internet
("Content"). You agree that you must evaluate and bear the risks
associated with the subject matter, accuracy, completeness or usefulness of any
Content available to you on or through the 2Interactive’s services.
2. You agree
that 2Interactive has the right, but not the obligation, to remove Content from
2Interactive computer servers which 2Interactive, in its sole discretion,
determines to be in violation of this Agreement or 2Interactive Online
Policies.
3. As a matter
of policy, 2Interactive does not pre-screen Content placed on 2Interactive
servers by any of its subscribers. 2Interactive does not have the practical
ability to monitor, review, or restrict, prior to its transmission, Content on
2Interactive servers which may violate this Agreement or 2Interactive Online
Policies. In addition, 2Interactive cannot ensure the prompt editing or removal
of any Content which may violate this Agreement or 2Interactive Online Policies
after such Content has been posted on 2Interactive servers.
4. The
Internet provides access to individuals who are not 2Interactive subscribers.
2Interactive does not have the capability to monitor, review, or restrict any
Content made available by third parties on the Internet, nor to edit or remove
any such Content after its posting on the Internet.
5. Please be
advised that, despite 2Interactive efforts, you may receive Content which you
consider to be inaccurate, defamatory, or otherwise offensive. You agree that
2Interactive will not be liable for any action or inaction with respect to any
Content posted on or through the 2Interactive’s services and the Internet.
VI.
Copyright and Other Rights.
1. The
2Interactive’s services provides access to Content that is protected by
copyrights, trademarks, intellectual property rights, and other proprietary
rights ("Rights") of independent third parties who make such Content
available on or through the 2Interactive’s services.
2. You agree
that your use of Content shall be governed by all applicable laws and
regulations, and by the specific restrictions placed on such Content by the
owners or licensors of the Rights in such Content.
3. You agree
not to post or transmit Content that is subject to another party's Rights, on
or through the 2Interactive’s services, without that party's express
permission. Such posting or transmitting: (1) will result in termination of
this Agreement, and; (2) may result in civil or criminal liability.
4. You agree
to upload to software files, message boards, or otherwise post or transmit on
or through the 2Interactive’s services, only such Content that is not subject
to any Rights, unless you have received express authorization to distribute
such Content on or through the 2Interactive’s services by the holder of such
Rights.
5. You agree
that by posting or transmitting Content to any public area (such as public chat
rooms, message boards, newsgroups, webspace or software libraries) you are
requesting 2Interactive to make that material available to other Internet users
and that such access will result in copies of your Content being transmitted to
others. In order to permit 2Interactive to publish your Content, you
automatically grant, or represent that the owner of any such Content has
expressly authorized you to grant, 2Interactive a royalty-free, perpetual,
irrevocable, non-exclusive right and license to reproduce, publish, distribute,
perform and display such Content (in whole or in part) worldwide to service
your request.
VII. NO
WARRANTY.
1. You agree
that your use of the 2Interactive’s services and the Internet is solely at your
own risk. You agree that the 2Interactive’s services is provided on an "as
is," "as available" basis without warranties of any kind, either
express or implied, unless such warranties are legally incapable of exclusion.
2.
2Interactive disclaims any and all loss or liability resulting from, but not
limited to: (1) loss of data; (2) loss of software or hardware; (3) loss or
liability resulting from access delays or access interruptions; (4) loss or
liability resulting from computer viruses; (5) loss or liability resulting from
data non-delivery or data mis-delivery; (6) any other loss or liability
resulting from the negligent acts and/or omissions of 2Interactive or
2Interactive subscribers; (7) loss and liability resulting from any errors,
omissions, or misstatements in any and all information, goods, or services
obtained on or through the 2Interactive’s services, and; (8) loss or liability
resulting from acts of God.
3. You agree
that 2Interactive entire liability, and your exclusive remedy, with respect to
your use of the 2Interactive’s services, your use of the 2Interactive’s
services Software, and any breach of this Agreement is solely limited to the
amount you paid to use the 2Interactive’s services. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental
damages, in such states, 2Interactive liability is limited to the extent
permitted by law.
VIII.
Indemnification.
1. You agree
to defend, release, indemnify, and hold 2Interactive, its affiliated companies
and licensors, harmless from all liabilities, claims and expenses, including
without limitation reasonable attorneys fees, arising from breach of the
Agreement by use of, or in connection with the posting or transmission of any
content by or through your account on the 2Interactive’s services.
2. You agree
that 2Interactive has the right, but not the obligation, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you pursuant to Paragraph 1 of this section. In such event,
you shall have no further obligations pursuant to Paragraph 1 of this section.
IX.
Termination.
1. You agree
that you or 2Interactive may terminate this Agreement for any reason at any
time.
2. You agree
that your only right with respect to any dissatisfaction with any: (I)
Agreement term, policy, or practice of 2Interactive in operating the
2Interactive’s services; (II) Content available on or through the
2Interactive’s services or change therein; or (III) amount or type of fees or
billing methods, or change therein, is to terminate this Agreement as set forth
in Paragraph 1.
3. You agree
that 2Interactive has the right, but not the obligation, to delete all program,
data, or other files on 2Interactive computer servers that are associated with
your account at the time of termination.
4. Only the
person whose name is on the account will be able to (A) Change User ID and/or Password;
(B) Cancel an existing account; (C) Some restrictions may apply to your
selection of user id.
5. The
following are non-refundable: Web and Publishing/Development Fees, Domain
registration fees, Static IP charges, Sub Class C charges, Class C charges,
equipment, and all fees for DSL service.
6. Shipping
and Handling charges are non-refundable.
7. Upon
termination of account, all equipment provided to customer at no charge must be
returned to 2Interactive within 5 days of termination. If the equipment is not
returned, the customer agrees to pay 2Interactive the full value of the
equipment plus a $50 replacement fee.
X. Spam.
1.
2Interactive scans and filters for unsolicited e-mail and viruses. You agree
that 2Interactive has the right to delete any e-mail for any reason.
XI. Law.
1. You agree
that this Agreement and 2Interactive Online Policies comprise the entire
understanding between 2Interactive and you, and supersede any prior agreements
between you and 2Interactive with respect to the subject matter of this
Agreement.
2. You agree
that, if any portion of this Agreement or 2Interactive Online Policies is held
invalid or unenforceable, that portion will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remaining portions will remain in full force and effect. The
Agreement will be governed by the laws of the State of
TOS
2interactive
LLC’s Terms of Service (TOS)
NOTE: All
users are bound by this terms of service.
2INTERACTIVE , LLC.("2INTERACTIVE
, LLC.") agrees to provide you
("User") with those services ("Service") set forth on the
Application subject to User's compliance with the terms and conditions below.
PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE
SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SERVICE.
Warranty
Disclaimer
THE
FOREGOING WARRANTIES SET
2INTERACTIVE , LLC. exercises
no control whatsoever over the content of the information passing through
2INTERACTIVE Online's system. Use of any information obtained via 2INTERACTIVE ,
LLC. is at User's risk. Neither 2INTERACTIVE ,
LLC. 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 2INTERACTIVE , LLC. 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 2INTERACTIVE
, LLC., ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER 2INTERACTIVE Online 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 2INTERACTIVE ,
LLC., 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 2INTERACTIVE , LLC. IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, 2INTERACTIVE
, LLC.'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 2INTERACTIVE , LLC. 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
2INTERACTIVE , LLC., 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 2INTERACTIVE , LLC., 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 2INTERACTIVE , LLC. 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 2INTERACTIVE
, LLC. shall
confer as to and agree on the legal counsel(s) to be selected in any such
defense.
Age Limit
User
represents to 2INTERACTIVE , LLC. 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. 2INTERACTIVE , LLC. has no
control over and accepts no responsibility whatsoever for such materials.
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;
*********
WARNING SPAMMERS ***********
Your credit
card will be charged $100.00 for EACH reported spam incident. We will pursue
every legal option available to help prosecute all illegal activity on this
service including spam. All unsolicited commercial bulk email is considered
spam.
» 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.
2INTERACTIVE , LLC. has
no obligation to monitor the Service. However, User agrees that 2INTERACTIVE ,
LLC. 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. 2INTERACTIVE ,
LLC. will not intentionally monitor or disclose
any private E-mail message unless required by law. 2INTERACTIVE
, LLC. 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. 2INTERACTIVE , LLC. 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 2INTERACTIVE ,
LLC. following payment of a reconnection
charge, to be determined by 2INTERACTIVE ,
LLC. in its sole and absolute discretion.
Messaging
User agrees
to limit their use of the 2INTERACTIVE , LLC. service,
specifically regarding the use of 2INTERACTIVE , LLC.'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 2INTERACTIVE , LLC. service.
Fraudulent
Content
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. 2INTERACTIVE , LLC. RESERVES THE RIGHT TO CHARGE USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF 2INTERACTIVE , LLC.
SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR 2INTERACTIVE
, LLC. SERVICE VIA CASH,
CHECK, OR MEANS OTHER THAN CREDIT CARD, 2INTERACTIVE , LLC. 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 2INTERACTIVE ,
LLC. SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation
of Web Hosting Services
Although 2INTERACTIVE , LLC.
advertises "Unlimited Bandwidth" in regards
to some of its services there are several limitations applied. The sole purpose
of these limitations are intended of unnecessary use of 2INTERACTIVE
, LLC. services
by any such User, which restricts system availability for other such Users.
These limitations apply only to Hosting offered by 2INTERACTIVE
, LLC.
Restricted
Content
You agree
not to post any of the following restricted contents: Illegal, Abusive or
Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus,
gambling, or promotion of gambling, and any harassing or harmful materials or
uses, as determined by us. You agree to indemnify and hold us harmless from any
claim resulting from your publications or use of Illegal, Abusive or Unethical
materials. Bandwidth Restrictions Although we may
advertise unlimited bandwidth, we reserve the right to inform you that you must
transfer your website if an excessive amount of bandwidth is being used. If the
request is not met within 5 days, we do reserve the right to remove the website
from our system.
Limitation
of Dial-Up Services
Although 2INTERACTIVE ,
LLC. advertises "Unlimited Access" in
regards to some of it's Dial-Up services, there are several limitations
applied. The sole purpose of these limitations are intended to limit the amount
of unnecessary use of 2INTERACTIVE , LLC. services by
any such User, which restricts overall 2INTERACTIVE , LLC. system
availability for other such Users. These limitations apply only to Dial-Up
access services offered by 2INTERACTIVE , LLC. 150 hours maximum per account per
month aggregate usage applies (Network One). Network Two is for unlimited,
occasional human usage.
Minimum
Re-Connect Limit
User
understands they cannot log back onto the 2INTERACTIVE , LLC. system for a time period of one (1)
minute following the termination of their previous online session, regardless
of the reason for the previous session's termination.
Multiple,
Concurrent Online Sessions
User agrees
to maintain no more than one (1) concurrent online session for each PPP account
purchased.
Dedicated
Usage
Users that
are connected more than 5 hours per day are considered dedicated. This service
is not intended for dedicated use, and users who are dedicated may be subject
to cancellation and termination without notice. There will be NO refunds given
under any circumstances.
2INTERACTIVE , LLC. reserves
the right to change prices at any time without prior notice to it's customers
or the public. Price changes will not be retroactive for existing customers,
regardless of the length of their existing service subscription.
Right to
Cancel
2INTERACTIVE , LLC. reserves
the right to cancel Service for any reason without prior notice. Pre-paid
service is non-refundable. 2INTERACTIVE , LLC. will not
refund any shipping or handling fees. Cancellations after the first of the
month will be charged for that month.
User must
notify 2INTERACTIVE , LLC. prior to
their renewal date to cancel Service. Fees for any setup, shipping and
handling, and monthly service charges placed by 2INTERACTIVE Online are
non-refundable.
No
Confidentiality
Information
transmitted through 2INTERACTIVE , LLC. and through
the Internet in general is not confidential. 2INTERACTIVE Online can not and
shall not guarantee privacy or protection of any User. 2INTERACTIVE
, LLC. 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 2INTERACTIVE , LLC.
Customer
Information
Unless
required by court order, subpoena or other legal request, or upon the advice of
counsel, "2INTERACTIVE , LLC." may publish User's name and
other consumer information in one or more directories, which may be accessed by
other Internet users. In addition, unless User notifies "2INTERACTIVE ,
LLC." to the contrary as provided above, "2INTERACTIVE
Online" may make such information available to third parties from time to
time. User understands further that merchants on the Internet may have access
to such information and may make it available to third parties in accordance
with their normal practices unless User notifies those merchants directly that
User does not wish such information to be made available.
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
2INTERACTIVE , LLC. does
not and will not perform system backups on any User's E-mail account(s). 2INTERACTIVE ,
LLC. 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, 2INTERACTIVE , LLC. will not
provide historical data, to any party for any reason, regarding any system or
Internet activity.
2INTERACTIVE , LLC. does
not and will not perform system backups on any web sites. 2INTERACTIVE
, LLC. 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, 2INTERACTIVE , LLC. will not
provide historical data, to any party for any reason, regarding any system or
Internet activity. A $20 surcharge applies for cancellations of annual
accounts.
Failure to
Comply With Terms and Conditions 2INTERACTIVE , LLC. may deny
User access to all or part of the Service without notice if User engages in any
conduct or activities that 2INTERACTIVE ,
LLC. in its sole discretion believes violates
any of the terms and conditions in this Agreement. If 2INTERACTIVE
, LLC. denies
User access to the Service because of such a violation, User shall not have the
right (1) to access through 2INTERACTIVE ,
LLC. 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 2INTERACTIVE
, LLC., and 2INTERACTIVE , LLC. 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.
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 2INTERACTIVE Online's system for
periods exceeding (5) five hours, in any single continuous session. User
authorizes 2INTERACTIVE Online to enforce these restrictions by appropriate
software and network measures, automated and manual.
User agrees
to notify 2INTERACTIVE , LLC. 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 2INTERACTIVE Online.
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.
2INTERACTIVE , LLC.'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.
2INTERACTIVE , LLC. 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
State of Illinois 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.
2INTERACTIVE , LLC. 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
2INTERACTIVE , LLC.
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 2INTERACTIVE ,
LLC. as the defendant, shall be proper only in
a venue determined by 2INTERACTIVE ,
LLC.
In any
action between 2INTERACTIVE , LLC. and User to
enforce any of the terms of this Agreement, 2INTERACTIVE , LLC. shall be
entitled to recover expenses, including reasonable attorney's fees.
This
Agreement constitutes the entire agreement between User and 2INTERACTIVE
, LLC. with
respect to the Service.