2Interactive, LLC ISP Internet Access Agreement

2interactive, LLC,

Mail PO Box 3937, Chico, Ca 95927

Office 242 Broadway suite 6 Chico, Ca 95928

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)
US dollars per megabyte requested per year.

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
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 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 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

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 United States mail.

 

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 United States mail (PO Box 3937, Chico, Ca 95927-3937). Notice of your termination will be effective on receipt by 2Interactive.

 

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 North Carolina, excluding its conflicts of law rules. You and 2Interactive each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the State of North Carolina.

 

 

 

 

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 FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

 

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.