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SnappyISP / YourNew.com Terms of ServiceDefinitions:Whereas SnappyISP is a wholly owned service of YourNew.com, for this purpose, the terms "SnappyISP" and "YourNew.com" are to be considered interchangeable and synonymous. General Usage:Services may only be used for lawful purposes. Transmission, storage or displaying any information, data or other material in violation of any United States Federal, State, County or City law is strictly prohibited. This includes, but is not limited to:
Sites found to contain any prohibited materials may be canceled immediately without warning and will not be eligible for any refund. We retain the final decision as to what constitutes a violation of this policy. We may, at our discretion, report and forward any suspected materials to a variety of police agencies, including, but not limited to the Software Piracy Association, the FBI and other local, state or national police agencies as we deem necessary. We will cooperate fully with official investigation by any recognized law enforcement organization. Sites whose primary purpose is for the file distribution or site mirroring are prohibited. Email / Spam / UCE YourNew.com maintains a "zero tolerance" for spam and UCE. Spamming or "UCE" (Unsolicited Commercial Email, which does not necessarily need to be commercial in nature, however) is the sending of unsolicited email to any person or persons the sender does not know or have prior explicit consent to send the message(s) to. Using fictitious email addresses of any domain housed on our network is forbidden. Unsolicited email of any type (to email addresses or newsgroup postings) is classified as UCE. UCE referencing sites on our servers in any manner (as originator, intermediary, destination or reply-to address) is STRICTLY PROHIBITED and your account may be terminated without notice or refund if you send UCE through our network or your site on our network is referenced in UCE. In addition, we reserve the right to impose a minimum $250 fee for each reported unsolicited email. Additional charges may apply for administrative work or any penalties incurred by YourNew.com or it's up line providers for abusing our services. Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true opt-in in nature. This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the email will automatically and immediately unsubscribe users from lists. Reply-to email addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy. Any violation of this policy may result in the immediate termination of your email service and/or your entire account without notice at our sole discretion. No refunds will be issued for accounts canceled for sending or being referenced in UCE. We reserve the right to refuse or cancel service of known spammers. We may also notify any confirmed UCE to other service providers used or referenced in the transmission of UCE, as well as law enforcement agencies when appropriate. Bottom-line -- UCE will not be tolerated! UCE violations can be sent to report.abuse@yournew.com Right to Cancel YourNew.com reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. YourNew.com will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month. If Client is terminating this Agreement, Client must send such notification in writing to YourNew.com 2420 Southwest 17th Street, Topeka, KS 66604. All cancellation requests must be received no later than three business days before the end of your term. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by YourNew.com are non-refundable. No Confidentiality Information transmitted through YourNew.com and through the Internet in general is not confidential. YourNew.com can not and shall not guarantee privacy or protection of any User. YourNew.com 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 YourNew.com . Customer Information Unless required by court order, subpoena or other legal request, or upon the advice of counsel, YourNew.com 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 YourNew.com to the contrary as provided above, YourNew.com 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 YourNew.com is not required to perform system backups on any User's account(s). YourNew.com shall not be held responsible for any lost email data, email attachments, or any email message contents, Web data, Web files, or any Website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, YourNew.com will not provide historical data, to any party for any reason, regarding any system or Internet activity. Failure to Comply With Terms and Conditions YourNew.com may deny User access to all or part of the Service without notice if User engages in any conduct or activities that YourNew.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If YourNew.com denies User access to the Service because of such a violation, User shall not have the right (1) to access through YourNew.com 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 YourNew.com , and YourNew.com 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. Excessive Usage 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 YourNew.com 's system for periods exceeding (5) five hours, in any single continuous session. User authorizes YourNew.com to enforce these restrictions by appropriate software and network measures, automated and manual. User agrees that for all Qwest locations, that they will be limited to 200 hours of access per month, and all two channel services (e.g. MultiLink and dual channel ISDN) will be limited to 300 channel-hours per month. Channel hours are calculated as each hour connected to two channels equals two channel hours. Otherwise, account will require an upgrade to a dedicated connection account. If a customer exceeds the hourly limit, their account will be temporarily disabled until the first of the next month. The timezone used for determination of hours will be EST time. CGI, ASP, Cold Fusion, and other scripts may cause excessive usage (system
resources and/or bandwidth) which will detrimentally effect other sites on our
network. Client takes full responsibility for all scripts executed from their
account - regardless how the script was obtained. Any account found to be using
excessive usage may be suspended or terminated without warning. When possible,
advanced warning will be provided, however if the excessive usage is deemed to
be causing immediate harm to our servers or network, no warning will be
provided. Clients will need to make acceptable arrangements (typically removal
of the offending script) with YourNew.com prior to the account being reinstated.
Repeated excessive usage will result in the account being canceled without the
possibility for reinstatement or refund. 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, their account will be temporarily disabled
until the first of the next month. The timezone used for determination of hours
will be EST time. Server Abuse Any attempt to cause harm or hack into our servers in any manner is strictly prohibited and we will pursue any user attempting to illegally access our servers. All evidence will be turned over to the FBI or other law enforcement agencies. Subdirectories / Breaking Up of Sites Any subdirectory that seems to be a site within an existing site is strictly prohibited (i.e. www.yournew.com.com/toile - if it determined that the subdirectory warrants its own site, i.e. www.toilebedding.com then YourNew.com can suspend service). YourNew.com has the discretion to determine whether or not a sub directory requires an additional account. The breaking up of one account to multiple accounts via subdirectories is strictly prohibited. YourNew.com can suspend a site without notice and charge a $75 reconnection fee if we are forced to shut down a site that doesn’t comply with this rule. This holds true even if it is found out that the customer is not reselling these subdirectories. Overages If a customer is using more than what he/she signed up for, YourNew.com reserves the right to charge the customer overages. Invoices will be sent to the customer. YourNew.com reserves the right to go back twelve (12) months for overages. Overage rates for bandwidth are $15 per GB. Overage rate for space is $20 per 50 MB per month. Overage rate for design, uploading, and web development services are $150 per hour or 125% of applicable rates as outlined at http://www.yournew.com/rates . Commerce on the Web Through your uses of the YourNew.com service, you may have opportunities to sell merchandise or services to subscribers to the YourNew.com service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the YourNew.com service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. YourNew.com and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser. DIGITAL CONTENT LICENSE AGREEMENT PLEASE READ CAREFULLY BEFORE DOWNLOADING THE DIGITAL CONTENT (AS DEFINED
BELOW). THIS LICENSE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND
YourNew.com ("YourNew.com", "WE" OR "US"), A
PROVIDER OF WEB HOSTING, E-MAIL, ELECTRONIC COMMERCE, AND DOMAIN NAME SERVICES
"SERVICES"). WE ARE NOT IN A POSITION TO OFFER GUIDANCE ON EACH
INDIVIDUAL USE OF THE DIGITAL CONTENT. PLEASE CONSULT INDEPENDENT LEGAL
RESOURCES IN CASES WHERE YOU ARE UNCERTAIN ABOUT INTENDED USAGE. SUPPLEMENTARY
RIGHTS MAY NEED TO BE ACQUIRED IN SOME CASES.
B. LICENSE:
C. PERMITTED USE OF DIGITAL CONTENT:
D. UNAUTHORIZED USES OF DIGITAL CONTENT:
E. TERM:
F. LIMITATION OF WARRANTIES AND LIABILITY: G. INDEMNIFICATION: H. U.S. GOVERNMENT RIGHTS: I. GENERAL:
TERMS OF SERVICE 1. APPROPRIATE USE OF THE SERVICES. YourNew.com shall be entitled to immediately terminate this Agreement if YourNew.com determines that your account is in violation of portion of its Acceptable Use Policy 2. PAYMENT OBLIGATIONS All services provided by YourNew.com are due and payable in advance. In the event that YourNew.com should choose to extend services to any user beyond the pre-paid term, YourNew.com may terminate such allowance at any time at its sole discretion . YourNew.com has ZERO TOLERANCE for delinquency. Past due accounts are subject to immediate termination and subsequent service re-establishment fees. Any account which reflects a past due amount is subject to termination of any or all services, regardless of prepayment of any other particular service. A User paying by credit card agrees to allow YourNew.com to bill his or her card on each successive billing date, and for any additional services rendered, without obtaining User's permission after the initial charge. A User paying by credit card shall notify YourNew.com of any changes in credit card number or expiration date. If the card is not honored for any reason, YourNew.com will attempt to notify the card holder by using the telephone information given at sign-up or by electronic mail. YourNew.com will attempt to call the card holder, and if alternative billing has not been established, services will be terminated. YourNew.com may, at its sole discretion, require extended prepayment terms for any account with a history of late payment or disconnections due to late payment. Dishonored checks are subject to a collection fee of $50 by YourNew.com and
User's account may be suspended until the account is current. Past due accounts are subject to a late fee of 2.5% on the outstanding balance. Additionally, to reestablish terminated service will require a reconnect fee of up to $75 per domain or access user. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event YourNew.com utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of YourNew.com's attorneys' fees and costs in the collection of these sums. YourNew.com 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. If Client chooses to register a domain name(s) through YourNew.com, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. YourNew.com does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. If Client terminates this Agreement, Client shall be responsible for any outstanding fees owed to YourNew.com and agrees to pay any and all fees incurred by Client. Clients who subscribe to services billed on a monthly basis will not be eligible for refunds of any kind. Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If a client has prepaid for the year, YourNew.com will not pro-rate refunds and no refund will be given. Billing disputes must be made in writing and sent to YourNew.com 2420 Southwest 17th Street, Topeka, KS 66604 within 30 of the original invoice date. Any disputes after the initial 30 days will be considered null and void. Courtesy invoices are supplied via email on the recurring billing date. It is the customer's responsibility to verify that the charges are appropriate and submit any disputes immediately. YourNew.com shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to YourNew.com. 3. CLIENT LIABILITY AND INDEMNIFICATION The parties agree that in no event shall YourNew.com be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless YourNew.com from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder. 4. TERM, TERMINATION, REINSTATEMENT Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must send such notification in writing to YourNew.com, 2420 Southwest 17th Street, Topeka, KS 66604. All cancellation requests must be received no later than three business days before the end of your term. Sections 3 - 9 shall survive termination or expiration of this Agreement. 5. TAXES Client will pay and indemnify and hold YourNew.com harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof. 6. DISCLAIMER OF WARRANTY THE SERVICES, THE YOURNEW.COM SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE YOURNEW.COM SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. YOURNEW.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOURNEW.COM SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. 7. LIMITATION OF LIABILITY IN NO EVENT SHALL YOURNEW.COM BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE YOURNEW.COM SITE OR ANY YOURNEW.COM PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL YOURNEW.COM CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US). 8. LAWFUL PURPOSE YourNew.com reserves the right to refuse service to anyone. Customers may only use YourNew.com services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of YourNew.com management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Shawnee County, Kansas, and any dispute will be litigated or arbitrated in Shawnee County, Kansas. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Shawnee County courts. 9. MISCELLANEOUS If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by YourNew.com. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. YourNew.com may modify this Agreement from time to time by placing such modification on our Website, and 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. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, State of Kansas 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. YourNew.com 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 YourNew.com . 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 YourNew.com as the defendant, shall be proper only in a venue determined by YourNew.com . In any action between YourNew.com and User to enforce any of the terms of this Agreement, YourNew.com shall be entitled to recover expenses, including reasonable attorney's fees. User agrees to notify YourNew.com 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 YourNew.com. Links to other Web sites are available as a convenience, and do not constitute endorsement of material at those sites, or any associated organization, product, or service. COPYRIGHT The names "YourNew.com" and "SnappyISP" and the YourNew.com and SnappyISP logos are property of YourNew.com. Use of the YourNew.com text, graphics, or programming code, in any manner is strictly prohibited without prior written consent of YourNew.com. Violations will be prosecuted to the fullest extent of the law. This Agreement constitutes the entire agreement between User and YourNew.com with respect to the Service. |
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