Terms of Service Agreement - Dialup Service
Last Updated October 22, 2007 |
SureWire Internet is a privately owned company based in Medford, Oregon. By accessing and using
our service(s), you agree to be bound by all restrictions, terms and conditions of service(s) set
forth in this document. In the event of any violation of restrictions, terms or conditions of
service, SureWire Internet reserves the right to immediately suspend and/or terminate your account
without notice.
SureWire Internet agrees to provide you, the User, with the following service(s) as contracted per
dialup account:
- 56k dialup connection
- Email address(es)
- Spam filtering
- Anti-virus filtering
- Web acceleration
- Newsgroups access
- Personal web space with FTP access
|
| Warranty Disclaimer |
No warranties are made regarding service(s). SureWire Internet does not guarantee service
will be uninterrupted or error free; and exercises no control whatsoever over content of information
passed through our system. Service is provided on an "as is" basis.
|
| Access Numbers |
It is your sole responsibility to determine whether or not the access number used can be
dialed toll-free when using our dialup service. Be advised, access numbers that are not toll-free
can incur heavy phone charges. You assume all responsibility for any charges incurred due to use of
service. View our Access Number List to determine
numbers in your area.
|
| Responsibility of Use |
User shall assume responsibility for all content distributed, accessed or viewed through service.
Under no circumstances shall SureWire Internet be held liable for the actions of those using said
service. In the event of a court order, SureWire Internet may provide to a law-enforcement agency
any and all requested information.
|
| Overage Charges |
Limited hour accounts that exceed contracted hours in a given month will be charged an overage
fee at a rate of $0.25 per hour or portion thereof in overage usage. Overage fees are charged
without notice. Any limited hour account that exceeds the contracted hourly limit in any two (2)
months within a three (3) month period will be upgraded to the next level without notice. Customer
is responsible for all charges, including overage fees and/or higher pricing levels.
|
| Limitation of Liability |
Under no circumstances shall SureWire Internet, its agents, providers or employees be
held liable for damages which may result from use of, or inability to use said service or any part
thereof. This shall include all direct and indirect detriment, special, punitive or consequential
damages that may result from any of the following:
- Errors or delays in service, regardless of cause
- Deletion of files
- Viruses, spyware, adware, malware or hoaxes which cause alteration of your computer
- Identity theft
- Alteration of your personal computer by any means, including downloaded materials
- Busy signals or other reasons causing no connection
In the event that SureWire Internet is found liable under any circumstance within the terms of this
agreement, liability shall be limited to unused balance of your pre-paid subscription payment,
prorated to reflect current term.
|
| Age Limit |
Due to the nature of our business, our websites are not designed to appeal to children
under the age of 13. And, we do not knowingly request or receive any information from
or about children. Account holder must be at least 18 years of age and understands certain
materials available from the service may not be suitable for individuals under the age of 18.
|
| Offensive or Sexually Explitic Materials |
Be aware that the Internet contains unedited materials, some of which may be sexually explicit
or potentially offensive. Access of such materials is at your own risk. SureWire Internet accepts
no responsibility whatsoever for such materials.
|
| Restrictions of Use |
You may not use any of our services in the following manner:
- send SPAM or bulk email
- post offensive, threatening, or SPAM-like messages on newsgroups
- use personal FTP site for business purposes
- post or transmit viruses or other harmful data
- transmit copyrighted materials, unless granted written permission prior to transmition
- attempt to hack, gain direct access or violate network security
- engage in illegal activity
- share password for account access
- lending your account to another individual
|
| Dialup Restrictions |
SureWire Internet will enforce a 10 minute idle timeout after a 5 hour continuous
session. Attempts to defeat the idle timer by using a ping bot, system tool or use of an automatic
dialer is strictly prohibited. Inactivity is defined as less than 500 bytes of data transferred
between the modem and the service.
Accounts using a high volume of bandwidth may have their service temporarily suspended. In the
event we find in necessary to temporarily suspend service, you would be notified via postal delivery
and given a specified amount of time to eliminate the cause. Failure to take appropriate action
may lead to permanent loss of service.
Limited service accounts are allowed a maximum number of hours per calendar
month. Excess hours are charged at 50¢ per hour or portion thereof; and will be applied to
the following month's statement. Accounts that exceed the maximum allowed hours two out of three
consecutive months will be automatically upgraded, without notice, to the next account level and
charged the higher rate.
Service is non-transferable. Your account is for your use only. You are responsible
for keeping your password confidential. Lending your account to anyone else is forbidden.
All accounts are limited to one login session at any given time.
|
| Email Restrictions |
Any time you utilize our email services, you agree that:
-
When using our email services, you may not send email:
- to more than 25 recipients in a single email transmission
- in excess of 100 emails per hour
- from an account that is not your own
- over 10 MB in size in a single transmission
- by forging message headers to hide the true origin of transmission
- SureWire Internet may block certain attachment types commonly used in transmitting viruses
- Email will be kept on our servers for only 60 days. After this time, we reserve the right to
systematically delete email more than 2-months old to attempt to reduce used server space.
|
| Right to Cancel |
User must give SureWire Internet a 30-day notice of cancelation in writing. Failure to give a
30-day notice may incur additional charges.
SureWire Internet reserves the right to cancel Service for any reason, without prior notice.
In the event your service is cancelled for a reason not covered by this Agreement,
we will refund your unused payment for the current term.
|
| System Backups |
We do not and will not perform system backups on any email account(s) and shall not be
held responsible for loss of any email messages or attachments, regardless of reason for such loss,
including system failure. Except as otherwise set forth herein, SureWire Internet will not provide
historical data, to any party, for any reason, regarding any system or internet activity.
|
| Privacy Statement |
We value your privacy and have taken every step possible to keep confidential information
confidential. We will never sell or rent your personal information to a third party;
and will not voluntarily share personal information without your written consent,
unless compelled to do otherwise by a court order or law-enforcement agency. Please see our
Privacy Policy for more details.
|
| Failure to Comply with Terms and Conditions |
Access to all or part of our service(s), at our sole discression, may be denied without
notice if you engage in any conduct or activity that is believed to be in direct violation
of this agreement. If denied access to service for such a violation, you shall forfeit
all rights to access the Internet and to obtain any credit(s) otherwise due. We hold no
responsibility to notify third-party providers of services, merchandise, or information;
and are not liable for damages resulting from lack of such notification.
|
| Miscellaneous |
In the event 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 original intentions of the parties; all other portions of this agreement shall remain
in full force and effect. Our failure to insist upon or enforce strict performance of any
provision(s) of this agreement shall not be construed as a waiver of any provision or right.
Neither course of conduct between parties nor trade practice shall act to modify any provision
of this agreement.
We may modify this agreement periodically. Notice of such modification will be posted on our
website. Continued use of service following posting of such modification shall constitute your
full acceptance of any such adoptions. It is your responsiblity to check this online area
regularly to determine whether or not this agreement has been altered. At any time
if you do not agree to all updates of this agreement, you must immediately stop using the service.
In the event that you no longer agree to abide by this agreement, you must contact SureWire Internet
directly.
We shall not be held liable or deemed in default for:
- any delay or failure of performance under this agreement
- interruption of service resulting directly or indirectly from:
- acts of God
- civil or military authority
- acts of public enemies
- war, riots or other civil disturbances
- insurrections
- accidents
- fire or explosions
- earthquakes, floods or any natural elements
- strikes or labor disputes
- shortages of suitable parts, materials, labor or transportation
- any other cause beyond reasonable control
This agreement shall be governed by and construed in accordance with the laws of the
State of Oregon without regard to its conflicts-of-law provisions. Any cause of action
you may have with respect to our provided service(s) must be commenced within one (1) year
after claim or cause of action arises, or such course is forever barred.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with,
or in relation to this agreement, or breach thereof, naming SureWire Internet, agent(s),
provider(s), or employee(s) as defendant(s), shall be proper only in a venue determined by
SureWire Internet or its subsiduaries. In any action between SureWire Internet and you, the User,
to enforce terms of agreement, SureWire Internet shall be entitled to recover expenses, including
reasonable attorney's fees.
|
This agreement constitutes the entire agreement between User and Company with respect
to said serviceervice.
|
|