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Policy:
Enduser Terms of Service
Note: All users are bound by these terms of service.
("myshadetree.com") 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.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSED OR IMPLIED.
("myshadetree.com") exercises no control
whatsoever over the content of the information passing through ("myshadetree.com")'s
system. Use of any information obtained via ("myshadetree.com")
is
at User's risk. Neither ("myshadetree.com") 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 ("myshadetree.com")
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 ("myshadetree.com")
, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER ("myshadetree.com")
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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ("myshadetree.com") , 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 ("myshadetree.com")
IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS
OF THIS AGREEMENT, ("myshadetree.com") '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 ("myshadetree.com") in operating the Service, User's sole and exclusive
remedy is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees
to indemnify and hold ("myshadetree.com"), 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 ("myshadetree.com"), 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 ("myshadetree.com")
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 ("myshadetree.com")
shall confer as to and agree on the legal counsel(s) to
be selected in any such defense.
Age Limit
User represents to ("myshadetree.com") 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 (or
any other age for that matter).
Sexually Explicit Materials
User understands that the Internet contains unedited
materials some of which are sexually explicit and offensive. User accesses such
materials at his or her own risk. ("myshadetree.com") has no control over
and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
send unsolicited 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.
- mass e-mails carried out by
automated programs.
- 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 web space 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 Mail list, 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.
("myshadetree.com") has no obligation to
monitor the Service. However, User agrees that ("myshadetree.com") 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. ("myshadetree.com")
will
not intentionally monitor or disclose any private E-mail message unless
required by law. ("myshadetree.com") 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. ("myshadetree.com") 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 ("myshadetree.com")
following payment of a reconnection charge, to be
determined by ("myshadetree.com") in its sole and absolute discretion.
Messaging
User agrees to limit their use of the ("myshadetree.com") service,
specifically regarding the use of ("myshadetree.com") 's electronic (email)
services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email 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 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 ("myshadetree.com") service.
Fraudulent Content
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. ("myshadetree.com") RESERVES THE RIGHT TO CHARGE
USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF ("myshadetree.com")
SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE
EVENT USER PRE-PAYS FOR THEIR ("myshadetree.com") SERVICE VIA CASH, CHECK,
OR MEANS OTHER THAN CREDIT CARD, ("myshadetree.com") 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 ("myshadetree.com") SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although ("myshadetree.com") advertises "Unlimited Bandwidth" in
regards to some of its services there are several limitations applied.
The sole purpose of these limitations are intended of unnecessary use of
("myshadetree.com") services by any such User, which restricts system
availability for other such Users. These limitations apply only to
Hosting offered by ("myshadetree.com") .
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
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.
Limitation of Dial-Up Services
Although ("myshadetree.com") 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 ("myshadetree.com") services by any such User,
which restricts overall ("myshadetree.com") system availability for other
such Users. These limitations apply only to Dial-Up access services
offered by ("myshadetree.com") .
Idle Timeout
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 ("myshadetree.com")
service.
Maximum Single Session
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.
Minimum Re-Connect Limit
User understands they cannot log back onto the ("myshadetree.com") 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.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session
for each PPP/ISDN account purchased.
Starnet Access Restrictions
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 ("myshadetree.com") . Service is provided as an unlimited
service provided that you may not use the provided connection as a
dedicated connection.
ISDN Access Restrictions
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, their account will be temporarily disabled until the
first of the next month.
UU.net Access Restrictions
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.
Terms of Payment
A credit card User agrees to allow "myshadetree.com" to bill his or
her card on each successive billing date without obtaining User's
permission after the initial charge. A credit card User shall notify ("myshadetree.com")
of any changes in credit card number or expiration date.
If the card is not honored for any reason, ("myshadetree.com") will attempt
to notify the card holder by using the telephone information given at
sign-up or by E-mail. ("myshadetree.com") will call the card holder, and if
alternative billing has not been established, the account will be
terminated. Restoring the account will be subject to a setup fee of
$10.00.
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 ("myshadetree.com") in its sole and
absolute discretion and User's account may be suspended until the
account is current. If payment is not received , service will be
terminated and a setup fee of $10.00 will be added to charges for
additional Service.
("myshadetree.com")
maintains the right to
terminate Service for any unpaid subscriptions. Accounts in default are
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 ("myshadetree.com")
utilizes an attorney to collect any unpaid amounts, User shall be
responsible for the payment of all of ("myshadetree.com") 'S attorneys' fees
and costs in the collection of these sums.
("myshadetree.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.
Right to Cancel
("myshadetree.com") reserves the right to cancel Service for any reason
without prior notice. Pre-paid service is non-refundable. ("myshadetree.com")
will not refund any shipping or handling fees. Cancellations after
the first of the month will be charged for that month.
User must notify
("myshadetree.com")
via telephone or in writing to cancel Service. Cancellations shall not be
honored by electronic mail. Fees for any setup, shipping and handling,
and monthly service charges placed by ("myshadetree.com") are
non-refundable.
No Confidentiality
Information transmitted through ("myshadetree.com") and through the Internet
in general is not confidential. ("myshadetree.com") can not and shall not
guarantee privacy or protection of any User. ("myshadetree.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 ("myshadetree.com")
.
Customer Information
Unless required by court order, subpoena
or other legal request, or upon the advice of counsel,
"myshadetree.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 "myshadetree.com" to the contrary as
provided above, "myshadetree.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
("myshadetree.com") does not and will not perform system backups on any
User's E-mail account(s). ("myshadetree.com") 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, ("myshadetree.com") will not provide
historical data, to any party for any reason, regarding any system or
Internet activity.
("myshadetree.com")
does not and will not
perform system backups on any web sites. ("myshadetree.com") 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, ("myshadetree.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
("myshadetree.com") may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that ("myshadetree.com")
in its sole discretion believes violates any of the terms and
conditions in this Agreement. If ("myshadetree.com") denies User access to
the Service because of such a violation, User shall not have the right
(1) to access through ("myshadetree.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 ("myshadetree.com") , and
("myshadetree.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.
Miscellaneous
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 ("myshadetree.com")
's system for periods exceeding (5) five hours, in any
single continuous session. User authorizes ("myshadetree.com") to enforce
these restrictions by appropriate software and network measures,
automated and manual.
User agrees to notify ("myshadetree.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 ("myshadetree.com") .
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.
("myshadetree.com") '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.
("myshadetree.com")
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.
("myshadetree.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 ("myshadetree.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 ("myshadetree.com")
as the
defendant, shall be proper only in a venue determined by ("myshadetree.com")
.
In any action between ("myshadetree.com")
and
User to enforce any of the terms of this Agreement, ("myshadetree.com")
shall be entitled to recover expenses, including reasonable attorney's
fees.
This Agreement constitutes the entire
agreement between User and ("myshadetree.com") with respect to the Service.
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