OffspringNet. ("OffspringNet") 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.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSED OR IMPLIED.
OffspringNet exercises no control whatsoever over the content of
the information passing through OffspringNet's system. Use of any
information obtained via OffspringNet is at User's risk. Neither
OffspringNet 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 OffspringNet 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, NONINFRINGEMENT,
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 OffspringNet, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER OffspringNet 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
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OffspringNet, 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 OffspringNet IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER
THE TERMS OF THIS AGREEMENT, OffspringNet'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 OffspringNet in operating
the Service, User's sole and exclusive remedy is to discontinue
using the Service.
Notwithstanding anything to the contrary herein contained, User
agrees to indemnify and hold OffspringNet, 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 OffspringNet, 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
OffspringNet 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 OffspringNet shall confer as to and
agree on the legal counsel(s) to be selected in any such defense.
User represents to OffspringNet 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. OffspringNet has no control
over and accepts no responsibility whatsoever for such materials.
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.
- emails sent in bulk by sender.
- mail bombs.
restrict or inhibit any other user from using and enjoying the
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 webspace 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 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
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");
violate any of the rules, regulations and policies of those networks
and computer systems accessed via User's account.
OffspringNet has no obligation to monitor the Service. However,
User agrees that OffspringNet 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. OffspringNet will not intentionally monitor or
disclose any private E-mail message unless required by law. OffspringNet
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. OffspringNet 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 OffspringNet
following payment of a reconnection charge, to be determined by
OffspringNet in its sole and absolute discretion.
User agrees to limit their use of the OffspringNet service, specifically
regarding the use of OffspringNet'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.
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 OffspringNet service.
User agrees to be held responsible for the distribution of fraudulent
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.
OffspringNet RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF
ON FILE FOR USE IN PAYMENT OF OffspringNet SERVICES, A ONE-TIME
FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR OffspringNet SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN
CREDIT CARD, OffspringNet 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 OffspringNet
SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
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.
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 OffspringNet 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 OffspringNet services by any such
User, which restricts overall OffspringNet system availability for
other such Users. These limitations apply only to Dial-Up access
services offered by OffspringNet.
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 OffspringNet 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 OffspringNet 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.
OffspringNet 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 OffspringNet. 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, there account will be temporarily disabled
until the first of the next month.
Terms of Payment
A credit card User agrees to allow OffspringNet 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 OffspringNet
of any changes in credit card number or expiration date. If the
card is not honored for any reason, OffspringNet will attempt to
notify the card holder by using the telephone information given
at sign-up or by E-mail. OffspringNet 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 OffspringNet 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.
OffspringNet 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 OffspringNet utilizes an attorney to collect
any unpaid amounts, User shall be responsible for the payment of
all of OffspringNet's attorneys' fees and costs in the collection
of these sums.
OffspringNet 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
OffspringNet reserves the right to cancel Service for any reason
without prior notice. Pre-paid service is non-refundable. OffspringNet
will not refund any shipping or handling fees. Cancellations after
the first of the month will be charged for that month.
User must notify OffspringNet via e-mail, fax or in writing to
cancel Service. Fees for any setup, shipping and handling, and monthly
service charges placed by OffspringNet are non-refundable. A cancellation
fee of $15.00 will apply to any account cancelled within 30 days
of purchase. To cancel OffspringNet services, please e-mail: firstname.lastname@example.org,
or fax us at 719-635-7495. Please include your username(s) of any
and all OffspringNet services. Cancellations must be in writing
and received by no later than the 25th day of each month. Customers
having credit card or electronic checking billing options will be
charged for the following month if cancellation requests are not
received by the 25th day of the month.
Information transmitted through OffspringNet and through the Internet
in general is not confidential. OffspringNet can not and shall not
guarantee privacy or protection of any User. OffspringNet reserves
the right to monitor any User's transmissions when deemed necessary
for providing proper service and/or to protect the rights and property
Unless required by court order, subpoena or other legal request,
or upon the advice of counsel, OffspringNet 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 OffspringNet to the contrary as provided above, OffspringNet
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.
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
OffspringNet does not and will not perform system backups on any
User's E-mail account(s). OffspringNet 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, OffspringNet will not provide
historical data, to any party for any reason, regarding any system
or Internet activity.
OffspringNet 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,
OffspringNet will not provide historical data, to any party for
any reason, regarding any system or Internet activity.
Failure to Comply
With Terms and Conditions
OffspringNet may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that
OffspringNet in its sole discretion believes violates any of the
terms and conditions in this Agreement. If OffspringNet denies User
access to the Service because of such a violation, User shall not
have the right (1) to access through OffspringNet 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
OffspringNet, and OffspringNet shall have no responsibility to notify
any third-party providers of services, merchandise or information
nor any responsibility for any consequences resulting from lack
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 OffspringNet's system for periods exceeding
(5) five hours, in any single continuous session. User authorizes
OffspringNet to enforce these restrictions by appropriate software
and network measures, automated and manual.
User agrees to notify OffspringNet 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
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.
OffspringNet'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.
OffspringNet 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.
OffspringNet 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 OffspringNet.
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 OffspringNet as the defendant, shall
be proper only in a venue determined by OffspringNet.
In any action between OffspringNet and User to enforce any of the
terms of this Agreement, OffspringNet shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and
OffspringNet with respect to the Service.