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THIS AGREEMENT CONTAINS IMPORTANT LEGAL
TERMS AND DISCLAIMERS. PLEASE READ IT CAREFULLY AND RETAIN A COPY FOR
YOUR RECORDS.
ESISnet
Website Access and Use Agreement
ESISnet Service Agreement
We provide you access to our services, including our website
and our internet access (or dial-up) services, under the following terms.
When you access or use our services or any part of our services, you are
subject to these terms. These terms may change from time to time as we
determine. Your access, use, or order of services is your agreement to
the current terms as they are posted on our site or as we otherwise may
provide you. "We" and related terms means ESISnet, LLC, and
its affiliates and assigns. "You" and related terms refers to
the person, group, firm, or entity that is accessing or using our services
and that is subject to these terms.
LICENSE/USE
AND ACCESS
We grant you a limited, revocable, non-exclusive, non-transferable right
(1) to access and make personal use of this website and (2) to access
and make use of those services which you have ordered from us, and which
we have agreed to provide, subject to your payment at the agreed rate.
We reserve the right to deny you access at any time, to suspend services
or access, to change any and all parts of our services, and to remove
or replace our services, without notice to you, for any or no reason.
We also reserve the right to terminate or cancel services or your access
at any time, for any or no reason, with reasonable notice to you. However,
if you have ordered dial-up access or other paid services from us, and
we cancel you without cause, we may provide you a pro-rated refund of
fees you have pre-paid, on the terms set forth below under "CANCELLATION
OF SERVICE." Our reasonable determination of the reason for cancellation
shall be binding.
You must not modify, copy, reuse, distribute, display,
download, or perform any part of this website except as necessary for
you to view this website in the course of your business with us, although
you may print a single copy of the webpages in this website for your personal
use or in connection with paid services, and your computer may cache webpages
in memory under standard web browser operations.
You must not use any framing, data mining, robots, linking,
or similar devices in any way with respect to any of our services without
our consent. Your unauthorized use of our services or our trademarks,
copyrights, or other proprietary rights, including any commercial use
without our consent, automatically terminates your license, without any
requirement for notice and whether or not we take any action against you.
Requests for authorization to use hyptertext links to this website should
be directed to the address indicated in the “NOTICES” provision
below.
Certain services provided to you by us are contracted
or purchased by us from other companies. You agree to the terms and conditions
of those other companies, as they are provided to you, in addition to
this Agreement.
NO
WARRANTIES
All information, materials, content, code, access, software, and services
provided by us or on this website are provided “AS IS” and
“AS AVAILABLE.” WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED,
WITH RESPECT TO ANY MATTER, AND ALL WARRANTIES ARE DISCLAIMED. WE DISCLAIM
ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE ACCESS TO OR AVAILABILITY
OF SERVICES, AND WE MAY EXPERIENCE DOWNTIME OR OTHER ERRORS. Although
we will use commercially reasonable efforts to restore services, your
use of any services is at your sole risk and is your sole responsibility.
We do not promise credits or refunds for downtime; if we do provide credits
or refunds in connection with downtime, these credits or refunds are customer
service related and we are not obligated to provide any other credits
or refunds for past or future downtime. We are not responsible for examining
or evaluating offerings of any businesses to which we provide links or
about which we provide information or from which you may receive e-mail.
Information provided on this website may have been obtained from other
sources. Accordingly, we disclaim responsibility for the reliability,
completeness, accuracy, or currency of information on this website. We
will make commercially reasonable efforts to advise you if you order a
service and we become aware that the price or availability status indicated
to you was inaccurate.
SECURITY
To access dial-services, you will need a user name and password. We will
provide you with an initial user name and password. You should change
the initial password the first time you access dial-up services. You are
fully responsible for all use under your password. Keep your password
secret, and do not post it on or near your computer or utilize an “autocomplete”
function on your browser. We provide secure access for convenience only.
Accordingly, we cannot be responsible if secure access is compromised
for any reason. However, we will use commercially reasonable efforts to
maintain the privacy of your credit card and similar private information
in our files. Please note that the Internet is inherently insecure. Unless
you use reliable and current encryption technologies, you should not transmit
secret or sensitive information via the Internet, whether on the World
Wide Web, by e-mail, by any file transfer protocol, or otherwise. We fully
disclaim any security relating to use of the Internet.
MULTIPLE
ACCESS
Unless you have purchased an account that allows for access to dial-up
services from more than one telephone number at the same time, you are
authorized to access dial-up services from only one telephone number at
any one time. If we determine that your user name and password have been
utilized to access services from more than one telephone number at the
same time, we will charge you a PER MINUTE ADDITIONAL USE FEE for each
minute of use over the additional telephone numbers as set forth in our
current FEES SCHEDULE. You authorize us to charge this fee via credit
card, debit, or other means that you use to pay your service fees. If
your user name and password are being used by multiple telephone numbers
at the same time, we may suspend your services until we receive your confirmation
that the multiple use is not due to a compromise of your user name and
password.
POSTINGS
We may permit postings of reviews, comments, and other materials on our
website or provide chatrooms or access to chatrooms. These services are
in our sole discretion. We are not responsible for the content of postings
or chatrooms. You are responsible for all postings you make (or which
are made through your account) on our website or on chatrooms. You agree
to defend us and hold us harmless against all claims made against us,
and our related expenses and losses, based on or related to any material
you post, or which is posted via your account, on our website or in a
chatroom and/or your use of any material posted on our website or a chatroom
by you or by others, whether or not we have edited the content. You must
not post defamatory, obscene, pornographic, infringing, or excessively
violent material or post material under false pretenses, using a false
e-mail address, or with any misleading, illegal, or improper intentions
or content. All material that you post must be your original material.
You grant us a complete, irrevocable, perpetual license to modify, copy,
edit, reuse, distribute, display, download, and perform any material you
post.
VIRUSES
We utilize current virus detection technologies on our systems and run
incoming e-mail through a virus detection program. However, even currently
updated virus programs may not catch a new virus, so we cannot make any
guarantees regarding virus detection. You should maintain and run an updated
virus protection program on your computer at all times. Please note that
the virus detection technology we utilize should not slow-down significantly
your receipt of e-mails; however, you could experience some delay in receipt
of e-mails due to the operation of the virus detection program and if
a virus is detected, you may receive a notice instead of the infected
e-mail.
CONTRACT
TERM
For paid and complementary services, your contract term will be stated
in your order. The default term is month-to-month for dial-up services;
we do not refund fees paid for a month if you cancel during the month.
CANCELLATION
OF SERVICE
You may cancel paid and complementary services by contacting our customer
service team at 252-672-5600. If you received a discount for pre-paying
a certain term (other than terms of one month or less), you will receive
a pro-rated refund based on the monthly price for the length of time that
you received service. This means you will not receive credit for any discounts
associated with the longer term. For example, if you prepaid for one year
of service receiving a discount of $5 per month off the regular monthly
rate, and you canceled after six months, your refund would be calculated
as follows: (prepaid amount) minus (six times current monthly rate). This
means that if you are close to the end of a prepaid term and you cancel,
you actually may end up owing money because you lose the discounts.
If we terminate your service for cause, such as based
on a violation of any of our policies, we reserve the right to bill you
at the current monthly rate for services, plus an additional charge of
$25 for administrative time to close your account. In addition, in the
event your violation results in our having to deal with complaints or
damages, you agree to reimburse us for all damages we incur and also at
the rate of $100 per hour for our time in dealing with complaints, plus
all attorneys' and other professional fees we incur related to your termination
or violation.
BILLING
TERMS; CREDIT CHECKS; USE OF CREDIT CARDS; FEES SCHEDULE
Balances not paid when due are subject to a 1.5% monthly charge until
paid. All payments are due upon commencement of services or renewal. Payment
on monthly dial-up accounts is due by the first day of each renewal term
and is past due after 10 days. We may send for collections any past due
amount. You agree to pay our legal fees and collection expenses incurred
to collect past due amounts from you. If you are able to pay but unusual
circumstances prevent your getting payment to us by the due date, please
notify our customer service team at 252-672-5600 or customerservice@esisnet.com,
and we will let you know how we can accommodate you.
You authorize us to perform credit checks prior to extending
credit to you. If we agree to provide services for which you are obligated
to pay, you agree that this can be considered an extension of credit because
you may receive services prior to making payment. We reserve the right
to notify credit reporting agencies of the status of your credit with
us. Please note that consumer debt collection practices are subject to
federal and state laws protecting consumer rights.
Our
standard fees schedule is available on request at the customer
service address indicated below. Our fees are subject to change from time
to time, with or without notice to customers or potential customers. You
agree to pay our then-current fees for those services you obtain from or
through us, unless we have agreed in writing with you on definite fees for
a specified period of time. We attempt to notify our customers of any fee
increases prior to the next billing cycle.
Credit card payment information and the fees schedule
are posted on the site separately from this Agreement, but are incorporated
herein.
ACCEPTABLE/UNACCEPTABLE
USE POLICY
Your use of our services is subject to complete compliance with our ACCEPTABLE
USE POLICY (however it may be titled). You agree to comply with this policy
at all times, and the policy is incorporated into this Agreement. You
are responsible for any non-compliance with the policy via your account,
and you agree to hold us harmless against our losses associated with your
non-compliance. Our fall-back policies are as follows:
- NO USE OF OUR SERVICES OR EQUIPMENT TO OBTAIN INFORMATION ON OTHERS
FOR UNSOLICITED COMMERCIAL ADVERTISING.
- NO USE OF OUR SERVICES OR EQUIPMENT TO SEND OR DISSEMINATE, THROUGH
OUR SERVICES, EQUIPMENT OR LINES OR THROUGH OTHERS, UNSOLICITED BULK E-MAIL
OR TO PERFORM OTHER FUNCTIONS RELATING TO UNSOLICITED BULK E-MAIL (excluding
receipt or reply by our customers receiving unsolicited bulk e-mail).
- NO USE OF OUR SERVICES OR EQUIPMENT TO VIOLATE THE POLICIES OR REGULATIONS
OF OTHER INTERNET SITES, INCLUDING CHAT ROOMS, DISCUSSION GROUPS, LISTSERVS,
OR USENET GROUPS.
- NO USE OF OUR SERVICES OR EQUIPMENT IN ANY MANNER THAT IS INTENDED TO
OR REASONABLY MAY CAUSE OUR SYSTEMS TO BE ADDED TO ANY BLACKLISTS OR TO
BE INVESTIGATED OR REPORTED FOR ANY SPAM, ABUSE, OR OTHER ISSUES.
- NO USE OF OUR SERVICES OR EQUIPMENT IN CONNECTION WITH ANY VIOLATION
OF LAW OR ORDER AND NO USE FOR CYBER-STALKING, CHILD PORNOGRAPHY, INTELLECTUAL
PROPERTY RIGHTS INFRINGEMENT, SPAMMING, OR ILLEGAL ACTIVITY OF ANY KIND.
- YOU MUST NOT USE UNTRACEABLE OR FALSE RETURN EMAIL ADDRESSES WITHOUT
OUR APPROVAL.
- NO USE OF OUR SERVICES OR EQUIPMENT TO HACK INTO, DAMAGE, CRACK, OR
ACCESS WITHOUT AUTHORIZATION ANY OTHER COMPUTER, SYSTEM, SERVICE OR EQUIPMENT.
- NO USE OF OUR SERVICES OR EQUIPMENT TO KNOWINGLY CREATE, DISSEMINATE,
OR SPREAD ANY VIRUS, WORM, TROJAN HORSE, TIME BOMB, OR SIMILAR UNWANTED
DESTRUCTIVE DEVICE.
COOPERATION
WITH AUTHORITIES
We intend to fully cooperate with all governmental authorities, to the
extent allowed by law, in connection with matters relating to your account
or the accounts of others, including providing use logs and monitoring
use, without notice to you. Use logs and the like are considered our property.
For these purposes, you agree that you do not have a reasonable expectation
of privacy in your activities conducted via our services or our equipment,
and you fully waive and release all claims and damages against us relating
to our cooperation with law enforcement and other governmental authorities
which affects you or your account in any way, so long as we do so in good
faith, whether or not we receive a subpoena for the information we disclose
to the authorities.
DIGITAL
MILLENIUM COPYRIGHT ACT
We reserve all rights and limitations under the Online Copyright Infringement
Liability Limitation Act. You agree to assist us in all reasonable ways
to allow us to take advantage of that Act. If we receive a claim or notice
alleging that you have violated any person's intellectual property rights
(including copyrights) through our services or your account, whether via
your website hosted with us or otherwise, you agree that we may accept
such claim or notice as true, without investigation, and take such action
as we deem appropriate in response.
PRIVACY
If you order services from us, we may collect information, including personal
data, from you in both identifiable and non-identifiable forms. Identifiable
personal information that we collect may include your name, address, telephone
number, and credit card information. We also will have access to your
e-mail address if you order e-mail or dial-up services from us. We also
may collect identifiable information from persons who post material on
our website.
We collect your personally identifiable information for
various reasons, including to service your account and for security purposes.
Some of this information will be voluntarily provided by you (for example,
on the order form), and other information will be collected electronically
without your active participation (such as the IP address from which you
access our website).
Most of your personally identifiable information collected
by us via our website or in connection with your access to services is
collected and stored in a password protected, secured server, or other
secured or confidential environment, but you should check the information
available via your browser to determine if you are entering information
in a secured setting.
We will not share your personally identifiable information
with third parties, other than with our affiliates, successors, and assigns
(including any business buying our assets related to this website), as
required or permitted by law or order, as necessary for us to enforce
this Agreement or our rights, for fraud protection and credit risk reduction,
as necessary to obtain payment, fulfill your order, or notify you of order
status, or as you voluntarily permit us to do. We also may use the information
you provide to notify you regarding our services. WE DO NOT SELL YOUR
E-MAIL ADDRESS TO THIRD PARTIES FOR ADVERTISING. If you receive unwanted
commercial (solicitation) e-mail from third parties, they may have obtained
your e-mail address from you directly, using "spamming" e-mail
address functions, from another company that sold your address, or via
an unauthorized use of information provided to them for other purposes,
or you may receive virus-related e-mails from persons whose e-mail address
book has been compromised. If you receive "spam" or e-mails
containing viruses, we recommend that you do not respond back to the sender,
as your response may serve to further spread your e-mail address.
We use commercially reasonable efforts to protect, against
loss, misuse, or alteration, the personally identifiable information that
we store. To view your personally identifiable information (other than
information we may elect not to release for security purposes), contact
us at 252-672-5600; we may require you to provide proof of identity satisfactory
to us. If your personally identifiable information changes, or you believe
that your personally identifiable information stored by us is inaccurate,
contact us at the above address to update your records.
Information you submit for posting on our site is available
to any viewer and is not subject to this privacy policy. Carefully review
the terms for postings regarding confidentiality or non-confidentiality
of your email address and other personally identifiable information submitted
in connection with a posting.
We may share demographic and other non-identifiable and
de-identified information with third parties.
If you leave our site, including via a hypertext link
on our site, you are subject to the privacy practices of the other site,
and we are not responsible for the other site.
We may use cookies. If you have cookies disabled on your
web browser, you may not be able to take full advantage of our site.
LIMITATIONS
OF LIABILITY AND OTHER DISCLAIMERS
We are not responsible for acts or omissions of third parties, even as
they relate to this website. We have no liability for direct, indirect,
special, consequential, or incidental damages relating to or arising from
our services or any information, services, or products provided on, through,
or by this website; except, our limitation of liability for dial-up services
shall be the amount you paid for the services before taxes in the month
in which the damages arose, and this shall be your exclusive remedy against
us. To the extent permitted by law, you agree to defend us and hold us
harmless against all claims made against us, and our related expenses
and losses, arising from or relating to your use of the services or any
information, services, or products provided on, through, or by this website,
except to the extent of our reckless or willful misconduct.
COPYRIGHTS
Content on this website, including text and graphics, and the compilation
of content on this website, are copyrighted by us and our content suppliers
and licensors. Ó 2002 by ESISnet, LLC. All rights reserved.
TRADEMARKS
Trademarks on this website are the property of the trademark owner. Use
of trademarks on this website does not indicate sponsorship of or by,
affiliation with, or other connection to the trademark owner. We reserve
all rights with respect to our trademarks, and this Agreement grants absolutely
no rights to our trademarks. We claim trademark rights in "ESISNET."
PROPRIETARY
RIGHTS
We reserve all other proprietary rights in this website and the content
and materials on this website, except as indicated in these terms.
LEGAL
RIGHTS
This document gives you specific legal rights, and you also may have other
rights which vary from state to state. Some disclaimers and limitations
in this Agreement may be prohibited or limited by law. If so, these disclaimers
and limitations shall apply to the fullest extent permitted by law. You
should consult with your legal advisor as to the effect of the disclaimers
and limitations in this Agreement.
DISPUTES
You agree to submit all disputes under this Agreement exclusively to arbitration
under the applicable rules of the American Arbitration Association. All
disputes shall be heard, and all related proceedings shall take place,
exclusively in New Bern, North Carolina, USA. The arbitrator’s award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. No arbitration under this Agreement may be joined with proceedings
involving any other party, including any other user, whether through class
proceedings or otherwise, without our prior written approval, which is
in our sole discretion. Notwithstanding the foregoing, we reserve the
right to seek and obtain equitable and other relief from appropriate courts
and tribunals.
GOVERNING
LAW
Without regard to principles of conflicts of laws, the internal laws of
the State of North Carolina, USA, and applicable United States federal
law shall govern and control this Agreement in all respects, including
the interpretation, performance, and enforcement of this Agreement.
EXPORTS
You are not authorized to export dial-up services, or use dial-up services,
outside the United States. You accept all responsibility with respect
to compliance with export and import laws and regulations and shall hold
us harmless against our losses in that regard. Further, if you are located
outside the United States or otherwise export this website or any information,
services, or products provided on, through, or by this website or us,
you shall hold us harmless with respect to compliance with export and
import laws and regulations and the laws of all countries outside the
United States applicable to such use.
OTHER
TERMS
Waiver of strict compliance with any term of this Agreement shall be effective
only for the one instance, and shall not be continuing, and must be in
writing to be effective. We may make amendments to this Agreement from
time to time, in our sole discretion, and you accept all such amendments
as to your use after the amendment is posted. Any illegal, void, or unenforceable
terms in this Agreement are severable from this Agreement, and the remaining
terms shall be construed as if such illegal, void, or unenforceable terms
were not contained in this Agreement. This Agreement, plus our ordering
terms and other website policies posted on our website, is our entire
agreement with you as to the subject matter(s) herein. The term “including”
is used without limitation by reason of enumeration. Paragraph headers
used in this Agreement are for convenience of reference only, and shall
not be considered in interpreting this Agreement. We are not responsible
for delays or non-compliance caused by war, act of terror, governmental
act or restriction, weather, transportation or supplier problems, or other
causes beyond our commercially reasonable control. THIS WEBSITE IS INTENDED
FOR AND DIRECTED AT PERSONS AGES 18 AND OLDER. THIS WEBSITE IS NOT A PLACE
OF PUBLIC ACCOMODATION.
NOTICES
Our notices to you are effective upon the earlier of (1) delivery to you
by electronic mail, fax, U.S. mail, overnight courier, personal delivery,
or other reliable means to your last known address, and (2) our posting
of the notice on our website. Your notices to us must be sent by U.S.
certified or registered mail or by reputable overnight courier service
to ESISnet, LLC, Attention: Customer Service, PO Box 12624,
New Bern, NC 28561. If you e-mail us, please do not assume that we have
received the e-mail unless you receive a return response from us.
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