Terms of Service
1.0 Services Provided to You
1.1 You have applied for an account to utilize Servlet's Internet access services. These services include dial-up and/or dedicated access to our Internet communications network, and use of our e-mail, NNTP news, and WWW hosting services. Additional services may be available to you based on your specific service agreement with Servlet. If you require assistance to use any of these services, such assistance may be provided to you by Servlet. If any additional services are provided, additional charges may apply, at the discretion of Servlet. If so, you will be notified before such costs are incurred.
2.0 Servlet Rules and Regulations
2.1 Servlet reserves the right to amend these Terms and Conditions at any time without notice. A copy of the current Terms and Conditions will be maintained at http://www.siscom.net/support/terms/ . Your continued use of your subscription constitutes your acceptance of the current Terms and Conditions.
2.2 Servlet reserves the right to refuse service to any individual, business, or organization at our sole discretion.
2.3 You agree to refrain from making available, via our service, any material which may reasonably be judged offensive or inappropriate by Servlet. This includes, but not limited to, material considered to be pornographic and/or obscene. You further agree to remove such material immediately upon request of Servlet.
2.4 You agree not to use our system for the furtherance of any criminal act or conspiracy.
2.5 Upon the creation of your account by Servlet, you will be assigned a system login name and password, and one or more electronic mail addresses and passwords.
2.5.1 You agree not to divulge this information to any third party.
2.5.2 You agree not to permit any third party not specifically authorized in writing by Servlet, to log on to our systems using your account.
2.5.3 You further agree that your account entitles you to be logged onto the system only once at any given time, and will not be permitted multiple simultaneous logins unless you are specifically authorized to do so in writing by Servlet.
2.6 You are not permitted to resell or redistribute any portion of Servlet's services afforded to you under the terms of your subscriber agreement. This includes, but is not limited to, hosting WWW pages for parties other than yourself or your business in the WWW space assigned to you in accordance with your subscriber agreement. Parties wishing to resell WWW or other services of Servlet may contact Servlet.
2.7 Servlet enforces a zero-tolerance spam policy regarding our use of electronic mail through our network. It is the sole discretion of Servlet to determine if a customer's e-mail is considered spam. A definition of spam can be found at http://spam.abuse.net. If Servlet has determined that a customer has sent one or more items considered to be spam, that user will be charged a $500 per hour clean-up fee and the customer's account will be canceled immediately and all reasonable efforts will be made by Servlet to prevent the user from using our network anytime thereafter.
2.8 Servlet reserves the right, at its sole discretion, to immediately terminate your access privileges in the event of any violation or attempt to violate these conditions.
3.0 Payment of fees
3.1 Your specific reoccurring fees for access to Servlet services is defined in your services agreement, and is subject to the following conditions.
3.2 Reoccurring access fees are payable in advance and are due and payable no later than the first day of the service period.
3.3 Payment may be made using approved credit/charge cards. Check or money order will only be accepted for monthly, semiannual, or annual payments. Do not send cash payments via US Mail.
3.4 In the event you pay by credit card, your monthly credit statement will reflect payment to Servlet. Other forms of payment should be made payable to Servlet.
3.5 Although Credit Card charging is not required for payment of service, a Credit Card is required to obtain service. Non automatic payment accounts that are past due will have their Credit Card charged for all past due amounts.
3.6 Account holders whose access fees are not paid by the tenth day of the service month will be notified by electronic mail, and assessed a late charge of Ten Dollars ($10.00). Internet charges will begin to accrue from the first day of the billing month at a compounded rate of One and One-half Percent (1.5%) per month.
3.7 Accounts not paid by the fifteenth day of each service month will be disabled until the access fees, including late charges and interest, have been paid.
3.8 Non-use of our account does not constitute cancellation of your account. You agree to pay the reoccurring charges on your account until it is formally terminated, even if you have not used the service during the billing period(s) in question. Termination procedures are outlined in Section V of these Terms and Conditions.
3.9 Fees in default longer than sixty days may be reported to any appropriate credit reporting agencies, and you will be charged additional fees, including collection fees and reasonable attorney's fees.
4.0 Limitations of Liability
4.1 Your use of Servlet's service is entirely at your own risk. Servlet will not be responsible for any damages, direct or indirect, arising from your use of our system. These damages specifically include, but are not limited to: damage to your computer systems, software or data, computer virus infection, copyright infringement, interception or privileged communications, intentional security attacks on your computer system, and/or theft of information, which might result in lost productivity, profits, and/or business.
4.2 Servlet will not be responsible for the contents of any file, graphic, or other medium copied or transferred to or from any host on the Internet, including those hosts maintained by Servlet, which may be deemed by the account holder to be inappropriate, offensive, or otherwise a problem.
4.3 Servlet reserves the right to immediately terminate service for any customer who makes available, using our equipment and/or service, material judged to be offensive or inappropriate by Servlet. This includes but is not limited to material considered to be pornographic and/or obscene, or advocating the use of violence against any group or individual. Servlet also reserves the right not to link to any WWW page judged to contain offensive or inappropriate material as defined by Servlet.
4.4 You agree not to use Servlet systems for the furtherance of any criminal act or conspiracy. Servlet will not be responsible for, or party to, any criminal activity using our systems.
4.4 Servlet cannot guarantee the privacy or safety of any data hosted on or relayed through our systems. This includes, but is not limited to: electronic mail communications, data, files, programs and/or copyrighted material. Posting such information on our systems is entirely at your own risk and Servlet will not be held liable for any damages resulting for such posting.
4.5 Although Servlet will make every reasonable effort to provide continuous service, Servlet cannot be held liable for any direct or indirect damages resulting from, but not limited to: busy dial-up lines, service interruptions caused by Servlet's own service providers (including providers of analog and digital lines, electric power, and Internet connections), planned Servlet maintenance intervals, unplanned Servlet equipment failures, and/or acts of God or nature, or other items constituting a claim of force majuere.
4.6 You agree to defend and indemnify Servlet and hold Servlet harmless from and against all liabilities, claims, damages, proceedings, injuries, costs, and expenses (including reasonable attorney's fees), relating to any acts by you, your agents, and your employees leading wholly or partial to claims against Servlet by other Servlet users or by third parties, regardless of the type of liability or claim or the nature of the cause of the action. Such acts shall include, but are not limited to, programs or data of any kind transmitted by you through Servlet services or actions taken by you using Servlet service that allegedly damages, defames, or otherwise causes harm to another party.
5.0 Termination of Service
5.1 Servlet reserves the right to discontinue service based on our perception of misuse, non-payment of service fees, and/or any other activity which is deemed by us to constitute appropriate grounds for terminating the account.
5.2 You have the right to terminate service at any time. Termination of service may be consummated via telephone, or by registered mail, or in person only. In the case of termination by telephone, you will be issued a termination code. It is your responsibility to obtain this code. If you have not received this code, your account is not terminated and your credit card will continue to be charged. You agree that in the absence of the termination code, continued charges to your credit card are authorized until such time that said code is obtained from Servlet.
5.3 Non-use of your account does not constitute termination of your account. You agree to pay the reoccurring charges on your account until it is formally terminated, even if you have not used the service during the billing period(s) in question. Failure to pay these charges may result in your default being reported to appropriate credit reporting agencies and collection proceedings initiated.
5.4 All fees and prepay amounts are non-refundable upon termination.
5.5 Approximately thirty (30) days after an account has been terminated, Servlet will delete any remaining files, electronic mail, and data associated with the account.
6.0 Warranty Disclaimer
6.1 The Servlet service is provided as is and no warranties, express or implied, are made to its fitness for any particular purpose.
7.0 Choice of Law
7.1 You agree that your service agreement will be governed for any purpose by the laws of the State of Ohio, where applicable. You further agree to submit exclusively to the jurisdiction of the State of Ohio in the pursuit of any legal action or litigation against or involving Servlet or any of its affiliates, and agree that such action will be entered in Ohio.
©2007 Servlet Internet Services, all rights reserved. Servlet Internet Services provides internet services including dial-up, broadband DSL, ISDN, T1s in the Greater Miami Valley Area. Nationwide services include dial-up, email hosting, web site hosting, co-location, website design, website development, and email filtering services throughout the United States.