N
et Surfers Main
Street Enduser Terms of Service
NSMainSt.com
Enduser Terms of Service - Updated on 08/01/03
We agree to provide you with those services set forth at the time of signup
and you agree to abide by the restrictions made below. In the event of any
violation of the below terms and conditions of using our service, we reserve the
right to suspend or terminate your account immediately, without notice. If you
do not wish to be bound by the below terms and conditions of using our service,
then you may not access the service.
Warranty Disclaimer
No warranty's are made regarding the service. We do not guarantee that the
service will be uninterrupted or error free. We exercize no control whatsoever
over the content of information that is passed through our system. The service
is provided on an "as is" basis.
Responsibility of Use
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.
Limitation of Liability
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.
Age Limit
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.
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. We have no control over and accept no responsibility whatsoever
for such materials.
Restrictions of Use
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.
Dialup Restrictions
User agrees to allow provider to force a 10 minute idle timeout and 5 hour
maximum session on their dial-up account. Attempts to defeat the idle timer
using a ping bot or system tool, or the use of a redialer to automatically
reconnect once disconnected is prohibited. Inactivity is defined as less than
500 bytes of data transferred between User's modem and the service.
User understands that unlimited service does not mean dedicated service.
Dedicated service shall be defined as an average of more than 15 channel hours a
day, based on a 30 day calendar month usage report. User may be blocked and
forced to upgrade to continue service if their unlimited account is used as a
dedicated connection.
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
1st of the next month. User will not be given and may not purchase more than one
limited account in an attempt to get unlimited access on a limited service. If
user wants unlimited, they must purchase an unlimited account.
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.
Email Restrictions
User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers
except our own. User may not send to more than 25 recipients at a time. User may
not send more than 100 emails per hour period. User may not send from an email
address that is not their own. User may not send an email that is over 10 MB in
size. User may not forge message headers to hide the origin of their email.
Provider may block certain attachment types used in transmitting viruses. Email
is kept on the server for only 60 days.
Hosting Restrictions
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. User may not purchase more than 1 hosting package and link them together
in an attempt to get around our bandwidth or website size restrictions. We
currently do not allow websites that exceed 15 GB of bandwidth per month to host
on our servers. If the request is not met within 5 days, we do reserve the right
to remove the website from our system.
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.
We 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.
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice.
In the event that a user's service is cancelled for a reason outside of this
TOS, we will refund the user the unused portion of that month's service at the
time of cancellation.
System Backups
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.
Although we do perform system backups on hosting content, we 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. User should always
keep their own backup of their website. 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.
No Confidentiality
Information transmitted through us and through the Internet in general is not
confidential. We can not and shall not guarantee privacy or protection of any
User. We reserve the right to monitor any User's transmissions when deemed
necessary for providing proper service and/or to protect the rights and property
of our company.
Our Privacy Policy
We do not share user information with anyone. User information is kept in the
strictest confidance and filed where no one can access it.
Our Billing Policies
We bill all accounts on the 24th day of each month for the upcomming month.
In the case of quarterly payments we bill on the 24th day of the month
preceeding the beginning of the next quarter. All payment must be received on or
before said date to avoid interuption in dialup access.
Failure to Comply With Terms and Conditions
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.
Miscellaneous
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 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 Washington 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.
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.
L&P Publishing
Newberry Springs, CA
