1. YOU ARE REQUIRED TO AGREE TO THE FOLLOWING TERMS AND CONDITIONS TO USE ANY SERVICES OFFERED BY ISPPOP.
2. You agree to protect and indemnify Isppop against any and all liability, loss or expense arising from any breach by you of any agreement related to the services, claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by Isppop.
3. All services are provided as is and without representation of any kind unless required by applicable law. You agree to use all services at your own risk. Isppop specifically disclaims all warranties of merchantability, fitness for a particular purpose and not-infringement. In no event shall Isppop be liable for any loss, loss of data, or other damage, including but not limited to special, incidental, consequential or other damages. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all services interruptions caused by Isppop’s parties or your errors or omissions. To the fullest extent permitted by law, you waive and release all claims and causes of action accrued at any time and whether known or unknown, against Isppop and its shareholders, directors, officers, employees, agents, representatives, subcontractors, suppliers and successors for any and all loss and damage caused in whole or part by Isppop parties and/or your use of the services. If this waiver and release is not given full effect, then the total amount of any liability of company parties, including all attorney’s fees and costs, shall not exceed the total fees actually paid by you for the services (excluding amounts paid for the other goods provided by Isppop or its affiliates) for one month preceding Isppop’s receipt of written notice of your claim.
4. The modems utilized by Isppop to provide the services are engineered for speeds up to 56k flex connectivity. However, Isppop cannot guarantee a 56k connection if telephone company facilities or your modem or any other unknown causes are unable to support this connection speed.
5. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, Isppop shall in no event be liable for any long distance charges billed to the customer.
6. Isppop reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 10 days in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax Isppop a written request to terminate services. Otherwise, the existing service will be billed at the new rate. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and Isppop, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
7. Isppop reserves the right to take whatever actions we deem appropriate to enforce these policies. Isppop also reserves the right to change these policies without prior notice at any time. The actions Isppop takes may include account suspension or termination. Isppop does not issue any credits for accounts cancelled due to policy violations. Isppop reserves the right to refuse service to anyone at anytime for any reason.
8. You understand that the services provided by Isppop may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. Isppop shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.
9. You agree that this service is governed by the Laws of the State/Province in Isppop resides. You agree that the City, County or Province in which Isppop is located shall be the forum for any legal action relating to the services provided.
10. Any Internet activity, which references back to Isppop or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to Isppop or an account or services provided by Isppop will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
11. Use of Isppop’s services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use Isppop’s services, including but not limited to access to the Internet, and continues until service terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.
12. Isppop bills for most services in advance. Isppop reserves the right to bill a service charge of 10% per month to be charged on all past due amounts. If your account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
13. All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by Isppop, Isppop reserves the right to disable your account and you will be charged a $30.00 service fee.
14. As a subscriber to Isppop’s services, you are not permitted to use your Internet connection to sell or advertise goods or services. This is only permitted to those who have purchased a business account or a virtual server.
15. With respect to dial-up accounts, Isppop’s usernames are limited to one dial-in at a time. Multiple concurrent dial-ins using the same username are not permitted. This limitation does not apply to email or any other aspect of your account. Abuse and violation of the rules may result in termination without refund.
16. If you have not purchased dedicated services, you are not permitted to use your dial-up account to continually connect to the Internet for web/ftp/mail or other services. Dialup access accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. Isppop reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time (approximately in excess of 150 hours per month, the general industry standard for determining abuse, or an excessive use per day exceeding a normal work day). Isppop has implemented an abuse prevention program and has the discretion to apply network management techniques, idle timers, maximum concurrent connect timers, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating Isppop’s policies. These parameters may be changed at any time at Isppop’s discretion. If you require a dedicated connection, you should notify Isppop, which may offer a dedicated connection in your area.
17. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where such e-mail has not been specifically requested by the recipient. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of Isppop.
18. Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
19. In addition to any other fees and penalties that may be assessed by Isppop, as provided herein, you shall be held liable for any and all costs incurred by Isppop as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.
20. You are not permitted to resell or redistribute the Internet connection to other parties.
21. In the event you want to cancel the Service, you must notify Isppop in writing ten (10) days prior to such cancellation. This notice must either be faxed, emailed, phoned in or mailed to Isppop and confirmation returned or otherwise delivered in accordance with Isppop’s policies.
22. Isppop reserves the right to cancel, suspend, or deactivate any account that is unpaid within three (3) days of the end of the account’s current billing cycle without notice or advanced warning for whatever reason Isppop deems appropriate.
23. Use of Isppop’s services and the access of your Internet account by you as a company and/or an individual constitutes acceptance that Isppop offers services through the backing and partnerships of other companies and agree to protect and indemnify Isppop and any company Isppop uses to provide services against any and all liability, loss or expense arising from any breach by you of any agreement related to the services, claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by Isppop.