EXHIBIT I
END USER: TERMS OF USE AGREEMENT
You must provide your end-users a Service Agreement that
includes, at a minimum, the following terms:
Warranty Disclaimer
No warranty's are made regarding the service. We do not guarantee
that the service will be uninterrupted or error free. We exercise
no control whatsoever over the content of information that
is passed through our system. The service is provided on an
"as is" basis.
User shall assume all responsibility for all content distributed,
accessed, or viewed while connected to our service. Under
no circumstance shall we be held liable for your actions while
you are using the service. In the event of a court order,
we may provide any and all information that they request of
us to them.
Under no circumstances shall we, our agents, our providers,
or employees be liable for any damages, which result in any
way from user's use or inability to use the service or any
part thereof. This includes all direct and indirect damages,
special, punitive or consequential damages that may result
from busy signals, errors, delays in the service, deletion
of files, viruses, theft, or alteration of a user's computer.
In the event that we are found liable under any circumstance
under the terms of this agreement, our liability shall be
limited to the unused balance of user's subscription payment
pro-rated to reflect the current term.
User represents to us 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.
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. We have
no control over and accept no responsibility whatsoever for
such materials.
User understands that the following restrictions are applied
to the service: User May Not:
Send SPAM, or bulk email when dialed into the network.
Post offensive, threatening, or SPAM, when using the newsgroups.
Use their personal FTP site for business sites.
Post or transmit viruses or any harmful component to others.
Transmit anything that is protected by copyright without
permission.
Attempt to violate the security of any computer network
Engage in any illegal activity.
User understands that some services may be offered as
limited. Once the user has reached their limit, they shall
not have access to the internet until the beginning of
next billing cycle. 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.
User agrees 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. User agrees to
indemnify and hold us harmless from any claim resulting
from your publications or use of Illegal, Abusive or Unethical
materials. We reserve 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.
We reserve the right to cancel Service for any
reason without prior notice.
We do not and will not perform system backups on any User's
E-mail account(s). We 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,
we will not provide historical data, to any party for
any reason, regarding any system or Internet activity.
Except as otherwise set forth herein, We will not provide
historical data, to any party for any reason, regarding
any system or Internet activity. We do not perform backups
on the mysql databases. We shall not be held responsible
for any lost data. User should always keep their own backup
of their database content.
We will not sell, lease, rent or share any personal information
of our users with third parties unless required for legal
procedures.
Here Put your ISP Privacy Policy Here
Put your ISP Billing Policy Here
We may deny User access to all or part of the Service
without notice if User engages in any conduct or activities
that we in our sole discretion believes violates any of
the terms and conditions in this Agreement. If we deny
User access to the Service because of such a violation,
User shall not have the right (1) to access through us
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 us, and we 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.
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. Our 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. We may modify this Agreement
from time to time without prior notice. User's continued
use of the Service following 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.
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. We 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 our reasonable control. 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 us as the defendant, shall
be proper only in a venue determined by us. In any action
between us and User to enforce any of the terms of this
Agreement, We shall be entitled to recover expenses, including
reasonable attorney's fees. This Agreement constitutes
the entire agreement between User and us with respect
to the Service.
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