BasicISP.Net End User Terms of Service
Rev. 6/08
Note: This Terms of Service applies to all Users.
BasicISP.net ("BasicISP.net") agrees to provide you ("User")
with those Services ("Service") set forth on www.BasicISP.net and affiliated
sites 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. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MUST CANCEL PER THE TERMS OUTLINED WITHIN THIS AGREEMENT UNDER RIGHT TO CANCEL.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED
OR IMPLIED.
BasicISP.net exercises no control whatsoever over the content of the information
passing through BasicISP.net’s system. Use of any information obtained via BasicISP.net
is at User's risk. Neither BasicISP.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 BasicISP.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, NON-INFRINGEMENT, 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 BASICISP.NET, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER BASICISP.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.
BASICISP.NET IS UNDER NO OBLIGATION TO ISSUE REFUNDS, CREDITS OR ANY SUCH REIMBURSEMENT
FOR INTERUPTIONS IN SERVICE AS OUTLINED WITHIN THIS AGREEMENT OR OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BASICISP.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 BASICISP.NET IS FOUND LIABLE UNDER
ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, BASICISP.NET’S LIABILITY SHALL
BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT
THE CURRENT TERM.
UNDER NO CIRCUMSTANCES SHALL BASICISP.NET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS
OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES EXPERIENCED BY USER THAT RESULT FROM VIRUSES,
CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL OCCURANCES.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies,
guidelines or practices of BasicISP.net in operating the Service, User's sole and
exclusive remedy is to cancel per the terms outlined elsewhere in this Agreement.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify
and hold BasicISP.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 BasicISP.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 BasicISP.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 BasicISP.net shall confer as to and agree on the legal counsel(s)
to be selected in any such defense.
Age Limit
User represents to BasicISP.net that he or she is 18 years of age or older. User
understands that certain materials available while using the 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. BasicISP.net has no control over and accepts no responsibility
whatsoever for such materials.
Prohibited Uses
User may not:
Send unsolicited E-mail, (known as 'Spam') to anyone residing on our servers or
through our servers, or when dialed into the network. Use of System for Spam or
other prohibited uses will result in immediate termination of any and all BasicISP.net
accounts registered to the User in violation without notice. The following types
of E-mail sent constitute as Spam:
- Forged E-mails To/From address other than from the actual sender or to the actual
recipient.
- Message subject not related to the E-mail body.
- E-mail not requested by the recipient.
- E-mails 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 or transmit any sexually explicit materials or materials that may be offensive
as determined by BasicISP.net;
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 right holder;
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 timer or system tool intended to enforce the part-time and
personal nature of User's connection, including the use of ping bots 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.
BasicISP.net has no obligation to monitor
the Service. However, User agrees that BasicISP.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. BasicISP.net will
not intentionally monitor or disclose any private E-mail message unless required
by law. BasicISP.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. BasicISP.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 BasicISP.net following
payment of a reconnection charge, to be determined by BasicISP.net in its sole and
absolute discretion.
Messaging
User agrees to limit their use of the BasicISP.net Service, specifically regarding
the use of BasicISP.net’s electronic (E-mail) Services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any E-mail 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 E-mail 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 E-mail messages sent while using the BasicISP.net
Service.
Fraudulent Content Acceptable Use
User agrees to be held responsible for the distribution of fraudulent materials.
USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF BasicISP.NET SERVICES FOR VIOLATION
OF ANY OF THESE TERMS.
Any violations of illegal or criminal nature will be prosecuted to the fullest extent
of the law.
Restricted Content
You agree not to post or transmit 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.
Limitation of Dial-Up Services
The sole purpose of these limitations are intended to limit the amount of unnecessary
use of BasicISP.net Services by any such User, which restricts overall BasicISP.net
system availability for other such Users. These limitations apply only to Dial-Up
access Services offered by BasicISP.net.
Limitation of Accelerated Dial-Up Services
Due to certain conditions which may exist beyond BasicISP.net’s scope and control,
user may not always see the same level of acceleration and in some cases may not
see any at all.
User may discontinue the BasicISP Accelerated service at any time, and maintain
a standard BasicISP.net Dial-Up account. User may not receive a prorated refund
for any unused services left in that billing cycle.
Idle Timeout
User agrees to have their online session automatically terminated after fifteen
(15) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes
of data transferred between User's modem and the BasicISP.net Service.
Maximum Single Session
User agrees to have an online session automatically terminated after four (4) hours
of consecutive time, regardless of data transferred during such specific online
session.
Minimum Re-Connect Limit
User understands they cannot log back onto the BasicISP.net system for a 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
Dial-Up account purchased.
Excessive Usage
All Service plans are prohibited from being used to provide subscriber with dedicated
or constant connectivity. BasicISP.net reserves the right to immediately terminate
or modify the Services of any User if BasicISP.net determines, in its sole discretion,
that the User is using the Service in an excessive manner.
Support
Please be advised that technical support over the telephone is FREE for the first
30 days on new accounts. After the initial 30 days, there is a $4.95 per incident
charge for phone based technical support. There are no charges for questions regarding
your account information or billing. Email support is provided FREE of charge.
Access Telephone Numbers
An updated and complete listing of BasicISP.net access telephone numbers is available
at www.BasicISP.net.
BASICISP.NET CANNOT REPRESENT OR GUARANTEE THAT ANY DIAL-UP PORT IS LOCAL. BASICISP.NET
CANNOT CONFIRM THE LOCATIONS AND CITIES LISTED WITH CORRESPONDING ACCESS NUMBERS
ARE IN FACT THE ACTUAL LOCATIONS OF THE ACCESS NUMBERS. IF ANY DOUBT EXISTS, USER
SHOULD CONTACT THEIR TELEPHONE SERVICE PROVIDER DIRECTLY. BASICISP.NET CANNOT BE
HELD RESPONSIBLE FOR ANY LONG DISTANCE CHARGES USER MAY INCUR. BASICISP.NET, ITS
EMPLOYEES OR ITS AFFILIATES ARE IN NO POSITION TO KNOW WHAT IS LOCAL TO EACH USER
AND WHAT MAY NOT BE LOCAL TO EACH USER. BASICISP.NET WILL MAKE NO REIMBURSEMENT,
EITHER PARTIAL OR IN-FULL, FOR ANY LONG DISTANCE OR OTHER TELEPHONE CHARGES INCURRED
BY USER WHILE CONNECTED TO THE SERVICE.
User understands that from time to time BasicISP.net
or its contractors may add, discontinue or change access telephone numbers. BasicISP.net
and its contractors reserve exclusive right to add, discontinue or change access
telephone numbers as deemed necessary. User agrees to alter access number if requested.
In the event an access number is not available in a User’s local dialing area, it
is the sole responsibility of the User to cancel Service as outlined elsewhere in
this agreement. BasicISP.net will issue no refunds or credits in the event an access
telephone number is changed or discontinued.
Terms of Payment
A User who provides payment by credit card or debit card agrees to allow BasicISP.net
to bill his or her card on each successive billing date. A credit card User
shall notify BasicISP.net of any changes in credit card number or expiration date.
If the card is not honored for any reason, and if alternative billing has not been
established, the account will be terminated.
BasicISP.net will not be responsible for bank fees, interest charges, finance charges,
over draft charges, or other charges incurred by User for exceeding credit card
limits, exceeding available bank account balances, or any other such reason.
If payment is by check, payment due dates are indicated on User's invoice. Dishonored
checks are subject to a collection fee to be determined by BasicISP.net in its sole
and absolute discretion up to the amount allowable by law and User's account may
be suspended until the account is current. If payment is not received, Service will
be terminated.
BasicISP Standard and Accelerated service is available only with a revolving credit
card account, billed monthly, semi-monthly and annually. Payment by check is not
currently available for any of BasicISP’s services. This policy may change
at any time.
BasicISP.net maintains the right to terminate Service for any unpaid subscriptions.
Accounts in default may be subject to an interest charge of 2.5% per month on the
outstanding balance. Termination of Service shall not relieve User from the obligation
to satisfy outstanding invoices. In the event BasicISP.net utilizes an attorney
to collect any unpaid amounts, User shall be responsible for the payment of all
of BasicISP.net’s attorneys' fees and costs in the collection of these sums.
BasicISP.net reserves the right to change prices at any time without prior notice
to its Users or the public. Price changes will not be retroactive for existing Users,
regardless of the length of their existing Service subscription.
All amounts due, referenced on the BasicISP.net web site, or quoted by representations
of BasicISP.net and its affiliates are understood by User to be in United States
Dollars (USD).
Right to Cancel
BasicISP.net reserves the right to cancel Service
for any reason without prior notice. BasicISP.net reserves the right to close accounts
deemed to have excessive usage (see above section, "Excessive Usage").
User may discontinue their BasicISP.net Service at any time for any reason with
proper notice as defined below:
User must notify BasicISP.net via telephone or in person to cancel Service.
USER SHALL NOT CONSIDER THEIR SERVICE TERMINATED UNTIL THEY RECEIVE A VALID CANCELLATION
NUMBER. Cancellations shall not be honored by electronic mail, fax
or postal mail. BasicISP.net offers a one-time risk free 30-day money back guarantee,
excluding special promotions and discount offers. Cancellations within User's first
30 days of Service, receive a full refund excluding special promotions and discount
offers. After your initial 30 days, refunds will not be issued for monthly accounts
or any account that exceeds thirty hours of usage. Annual account refunds are pro-rated
at a rate of $19.95 (USD) times the number of months or partial months used. Refunds
may take up to 30 days to process. Termination of Service shall not relieve User
from the obligation to satisfy outstanding invoices.
No Confidentiality
Information transmitted through BasicISP.net and through the Internet in general
is not confidential. BasicISP.net cannot and shall not guarantee privacy or protection
of any User. BasicISP.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 BasicISP.net.
User Information
Unless required by court order, subpoena or other legal request, or upon the advice
of counsel, BasicISP.net will not publish User's name and other consumer information.
BasicISP.net will not make such information available to third parties.
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. User shall
be liable for any violations to this Agreement that may occur during the use of
User account.
User E-Mail Account
BasicISP.net provides User with one (1) @ BasicISP.net e-mail account.
Additional @ BasicISP.net e-mail accounts may be available for sale at
www.BasicISP.net or by calling customer service.
BasicISP.net does not and will not perform system backups on any User's E-mail account(s).
BasicISP.net shall not be held responsible for any lost E-mail data, E-mail attachments,
or any E-mail message contents, regardless of the reasoning for data loss or system
causes. User should not use the BasicISP.net web mail feature as their primary mail
client. Settings in the web mail feature, including stored messages, addresses,
or other settings will not be retained in the event of data loss. Storage for e-mail
messages and attachments is set to 25 MB per account.
Purchases and Transactions while on the Service
BasicISP.net is not responsible for the confidentiality of information that User
may provide to merchants and information or Service providers while connected to
the Service. Negligence or other issues related to purchases, agreements, or other
transactions performed while User is connected to the Service are the sole responsibility
of User and merchants and information or Service providers. BasicISP.net assumes
no responsibility or liability in such transactions.
No System Backup
BasicISP.net does not and will not perform system backups on any User's E-mail account(s).
BasicISP.net shall not be held responsible for any lost E-mail data, E-mail attachments,
or any E-mail message contents, regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein, BasicISP.net will not provide historical
data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
BasicISP.net may deny User access to all or part of the Service without notice if
User engages in any conduct or activities that BasicISP.net in its sole discretion
believes violates any of the terms and conditions in this Agreement. If BasicISP.net
denies User access to the Service because of such a violation, User shall not have
the right (1) to access through BasicISP.net any materials stored on the Internet,
(2) to obtain any refund(s) otherwise due to User, and such refund(s) shall be forfeited,
(3) to access third party Services, merchandise or information on the Internet through
BasicISP.net, and BasicISP.net shall have no responsibility to notify any third-party
providers of Services, merchandise or information or any responsibility for any
consequences resulting from lack of notification.
Miscellaneous
All introductory promotional offers are intended for new customers only.
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 15 minutes).
User also agrees to not remain connected to BasicISP.net’s system for periods exceeding
four (4) hours, in any single continuous session. User authorizes BasicISP.net to
enforce these restrictions by appropriate software and network measures, automated
and manual.
User agrees to notify BasicISP.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 BasicISP.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.
BasicISP.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.
BasicISP.net may modify this Agreement from time to time. 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 cancel the Service per the terms outlined elsewhere in this agreement.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Ohio, United States of America, 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.
BasicISP.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 BasicISP.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 BasicISP.net
as the defendant, shall be proper only in a venue determined by BasicISP.net.
In any action between BasicISP.net and User to enforce any of the terms of this
Agreement, BasicISP.net shall be entitled to recover expenses, including reasonable
attorney's fees.
This Agreement constitutes the entire agreement between User and BasicISP.net with
respect to the Service.