 End User Terms of
Service - Updated on 02/03/02
Note: All users are bound by this End user Terms of Service.
MCSI.NET is a division of MegaByte OnLine Inc.
MCSI.NET. ("MegaByte OnLine Inc") 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.
MCSI.NET exercises no control whatsoever over the content
of the information passing through MCSI.NET’S system. Use of any information obtained
via MCSI.NET is at User's risk. Neither MCSI.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 MCSI.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, 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 MCSI.NET, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER MCSI.NET NOR ITS AFFILIATES, IT’S LICENSERS, IT’S 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 MCSI.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 MCSI.NET IS FOUND
LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, MCSI.NET’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 MCSI.NET 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 MCSI.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 MCSI.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 MCSI.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 MCSI.NET shall confer as to and agree on the legal counsel(s) to be selected in any
such defense.
Age Limit
User represents to MCSI.NET 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. MCSI.NET 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.
· Emails 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 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 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 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 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.
MCSI.NET has no obligation to monitor the Service.
However, User agrees that MCSI.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. MCSI.NET will not intentionally monitor or disclose any private
E-mail message unless required by law. MCSI.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. MCSI.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 MCSI.NET following
payment of a reconnection charge, to be determined by MCSI.NET in its sole and absolute
discretion.
Messaging
User agrees to limit their use of the MCSI.NET service,
specifically regarding the use of MCSI.NET’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
MCSI.NET 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. MCSI.NET RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD,
IF ON FILE FOR USE IN PAYMENT OF MCSI.NET SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION
OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR MCSI.NET SERVICE VIA CASH, CHECK, OR
MEANS OTHER THAN CREDIT CARD, MCSI.NET 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 MCSI.NET SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although MCSI.NET advertises "Unlimited
Bandwidth" in regards are several limitations applied. The sole purpose of these
limitations are intended of unnecessary use of MCSI.NET services by any such User, which
restricts system availability for other such Users. These limitations apply only to
Hosting offered by MCSI.NET.
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 MCSI.NET advertises "Unlimited Access"
in regards to some of its Dial-Up services, there are several limitations applied. The
sole purpose of these limitations are intended to limit the amount of unnecessary use of
MCSI.NET services by any such User, which restricts overall MCSI.NET system availability
for other such Users. These limitations apply only to Dial-Up access services offered by
MCSI.NET.
Idle Timeout
User agrees to have their online session automatically
terminated after thirty (30) minutes of consecutive inactivity. Inactivity is defined as
less than 500 bytes of data transferred between User's modem and the MCSI.NET service.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent
online session for each PPP/ISDN account purchased.
Re-connect Fee
MCSI.NET charges $10.00 for any and all accounts to
reconnect to the service.
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 MCSI.NET. Service is provided as an unlimited service provided that you
may not use the provided connection as a dedicated connection.
Right to Cancel
MCSI.NET reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is non-refundable. MCSI.NET will not refund
any shipping or handling fees. Cancellations after the first of the month will be charged
for that month.
No Confidentiality
Information that is transmitted through MCSI.NET and
through the Internet in general is not confidential. MCSI.NET cannot and shall not
guarantee privacy or protection of any User. MCSI.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 MCSI.NET.
Customer Information
Unless required by court order, subpoena or other legal
request, or upon the advice of counsel, MCSI.NET 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 MCSI.NET to the contrary as provided above,
MCSI.NET 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
MCSI.NET does not and will not perform system backups on
any User's E-mail account(s). MCSI.NET 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, MCSI.NET will not
provide historical data, to any party for any reason, regarding any system or Internet
activity.
MCSI.NET does not and will not perform system backups on any web sites. MCSI.NET 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,
MCSI.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
MCSI.NET may deny User access to all or part of the
Service without notice if User engages in any conduct or activities that MCSI.NET in its
sole discretion believes violates any of the terms and conditions in this Agreement. If
MCSI.NET denies User access to the Service because of such a violation, User shall not
have the right (1) to access through MCSI.NET 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 MCSI.NET,
and MCSI.NET 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 30 minutes).
User agrees to notify MCSI.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 MCSI.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.
MCSI.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.
MCSI.NET 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 Oregon 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.
MCSI.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 MCSI.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 MCSI.NET as the defendant, shall be proper only in a venue determined by
MCSI.NET. In any action between MCSI.NET and User to enforce any of the terms of this
Agreement, MCSI.NET shall be entitled to recover expenses, including reasonable attorney's
fees.
This Agreement constitutes the entire agreement between
User and MCSI.NET with respect to the Service. |
