A1A Total Net. ("A1A Total Net") 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.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED. A1A Total Net exercises no control whatsoever over the content
of the information passing through A1A Total Net'S system. Use of any information
obtained via A1A Total Net is at User's risk. Neither A1A Total Net 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 A1A Total
Net 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
A1A Total Net, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER A1A Total Net 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. UNDER NO CIRCUMSTANCES SHALL A1A Total Net, 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 A1A Total Net IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, A1A Total Net'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 A1A Total Net in operating
the Service, User's sole and exclusive remedy is to discontinue using the Service. Notwithstanding anything to the contrary herein contained, User
agrees to indemnify and hold A1A Total Net, 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 A1A Total Net, 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 A1A Total Net 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 A1A Total Net shall confer as to and agree on the legal
counsel(s) to be selected in any such defense. User represents to A1A Total Net 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 ANY AND
ALL CONTENT AND MATERIALS AT HIS OR HER OWN RISK. A1A Total Net has no control
over and accepts no responsibility whatsoever for any and all content and materials. User understands that port 25 is restricted for all outgoing
mail servers. User must send mail through our mail server when connected to
the network.
User may not: send unsolicated email, (known as 'spam') to anyone residing
on our servers or through our servers, or when dialed into the network. The
following types of email sent constitute as spam: Forged email To/From address
other than from the actual sender or to the actual recipient. Message subject
not related to the email body. Email not requested by the recipient. emails
sent in bulk by sender. mail bombs
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; 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. A1A Total Net has no obligation to monitor the Service. However,
User agrees that A1A Total Net 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. A1A Total Net will not intentionally
monitor or disclose any private E-mail message unless required by law. A1A Total
Net 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. A1A Total Net 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 A1A Total Net following
payment of a reconnection charge, to be determined by A1A Total Net in its sole
and absolute discretion. User agrees to limit their use of the A1A Total Net service,
specifically regarding the use of A1A Total Net's electronic (email) services,
to the following restrictions: User agrees that any unauthorized use of any email server located
throughout the Internet for the purposes of relaying or distributing messages
is prohibited. 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 A1A Total Net service. 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. A1A Total Net RESERVES THE RIGHT TO CHARGE
USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF A1A Total Net SERVICES,
A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR A1A Total Net SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT
CARD, A1A Total Net 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 A1A Total Net SERVICES FOR VIOLATION OF ANY
OF THESE TERMS. Although A1A Total Net advertises "Unlimited Bandwidth"
in regards are several limitations applied. The sole purpose of these limitations
are intended of unncessary use of A1A Total Net services by any such User, which
restricts system availability for other such Users. These limitations apply
only to Hosting offered by A1A Total Net.
Although we 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.
Although A1A Total Net 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 A1A Total Net services by any such User, which restricts overall A1A
Total Net system availability for other such Users. These limitations apply
only to Dial-Up access services offered by A1A Total Net. User agrees to have their online session automatically terminated
after ten (10) minutes of consecutive inactivity. Inactivity is defined as less
than 500 bytes of data transferred between User's modem and the A1A Total Net
service. User agrees to have an online session automatically terminated
after five (5) hours of consecutive time, regardless of data transferred during
such specific online session. User understands they cannot log back onto the A1A Total Net
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. User agrees to maintain no more than one (1) concurrent online
session for each PPP/ISDN account purchased.
Warranty Disclaimer
Limitation of Liability
Indemnification
Age Limit
Sexually Explicit Materials
Port 25 Restrictions
Prohibited Uses
Messaging
Unauthorized Use of Relay Servers
Fraudulent Addressing
Fraudulent Content
Limitation of Web Hosting Services
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
Limitation of Dial-Up Services
Idle Timeout
Maximum Single Session
Minimum Re-Connect Limit
Multiple, Concurrent Online
Sessions
Customer Support
Upon User's request, A1A Total Net provides customer service from time to time. This often involves accessing User's computer directly and making changes. User agrees that A1A Total Net has the right to access and administrate his or her computer upon request for technical assistance.
User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of A1A Total Net. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection.
User agrees that for all ISDN Accounts that they will be limited to 300 channel hours of access per month. If the customer exceeds the 300 channel hour limit, there account will be temporarily disabled until the first of the next month.
User agrees that for all UU.net locations, that they will be limited to 150 hours of access per month. If a customer exceeds the 150 hour limit, there account will be temporarily disabled until the first of the next month. The timezone used for determination of hours will be internet standard GMT time.
User agrees that for all Qwest locations, that they will be limited to 200 hours of access per month. If a customer exceeds the 200 hour limit, there account will be temporarily disabled until the first of the next month. The timezone used for determination of hours will be EST time.
A1A Total Net reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. A1A Total Net will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month.
Information transmitted through A1A Total Net and through the Internet in general is not confidential. A1A Total Net can not and shall not guarantee privacy or protection of any User. A1A Total Net 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 A1A Total Net.
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, "A1A Total Net" 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 "A1A Total Net" to the contrary as provided above, "A1A Total Net" 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.
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.
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.
A1A Total Net does not and will not perform system backups on any User's E-mail account(s). A1A Total Net 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, A1A Total Net will not provide historical data, to any party for any reason, regarding any system or Internet activity.
A1A Total Net 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, A1A Total Net will not provide historical data, to any party for any reason, regarding any system or Internet activity.
A1A Total Net may deny User access to all or part of the Service without notice if User engages in any conduct or activities that A1A Total Net in its sole discretion believes violates any of the terms and conditions in this Agreement. If A1A Total Net denies User access to the Service because of such a violation, User shall not have the right (1) to access through A1A Total Net 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 A1A Total Net, and A1A Total Net 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.
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 A1A Total Net's system for periods exceeding (8) eight hours, in any single continuous session. User authorizes A1A Total Net to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify A1A Total Net 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 A1A Total Net.
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.
A1A Total Net'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.
A1A Total Net 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.
A1A Total Net 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 A1A Total Net.
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 A1A Total Net as the defendant, shall be proper only in a venue determined by A1A Total Net.
In any action between A1A Total Net and User to enforce any of the terms of this Agreement, A1A Total Net shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and A1A Total Net with respect to the Service.