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NOTE: All users are bound by these terms of service.
Intra
LDA ("Intra LDA.") 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. Intra
LDA exercises no control whatsoever over the content
of the information passing through Intra LDA's system.
Use of any information obtained via Intra LDA is
at User's risk. Neither Intra LDA 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 Intra LDA
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 Intra LDA, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Intra
LDA 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 COMPONENTS.
Limitation
of Liability
UNDER NO CIRCUMSTANCES SHALL Intra LDA, 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 Intra LDA
IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE
TERMS OF THIS AGREEMENT, Intra LDA'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 Intra LDA 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 Intra
LDA, 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 Intra LDA, 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, wilful 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 Intra LDA in writing of any
claim of which it is obligated under this indemnity.
User shall have the right to assume defense of any
such claim. User and Intra LDA shall confer as to
and agree on the legal counsel(s) to be selected
in any such defense.
Age
Limit
User represents to Intra LDA 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. Intra LDA has no control over
and accepts no responsibility whatsoever for such
materials.
Prohibited
Uses
User may not: 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 offence, give rise
to civil liability, or otherwise violate any local,
national or international law.
*********** WARNING SPAMMERS ***********
Your
account will be charged $100.00 for EACH reported
spam incident. We will pursue every legal option
available to help prosecute all illegal activity
on this service including spam. All unsolicited
commercial bulk email is considered spam.
-
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 pingbots
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.
Intra LDA has no obligation to monitor the Service.
However, User agrees that Intra LDA 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.
Intra LDA will not intentionally monitor or disclose
any private E-mail message unless required by
law. Intra LDA 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. Intra LDA 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 Intra LDA following payment of a reconnection
charge, to be determined by Intra LDA in its sole
and absolute discretion.
Messaging
User agrees to limit their use of the Intra LDA
service, specifically regarding the use of Intra
LDA'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 Intra LDA 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. Intra
LDA RESERVES THE RIGHT TO CHARGE USER'S ACCOUNT,
IF ON FILE FOR USE IN PAYMENT OF Intra LDA SERVICES,
A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS.
IN THE EVENT USER PRE-PAYS FOR THEIR Intra LDA SERVICE
VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
Intra LDA 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 Intra LDA SERVICES FOR
VIOLATION OF ANY OF THESE TERMS.
Limitation
of Web Hosting Services
Although Intra LDA advertises "Unlimited Bandwidth"
in regards to some of its services there are several
limitations applied. The sole purpose of these limitations
are intended of unnecessary use of Intra LDA services
by any such User, which restricts system availability
for other such Users. These limitations apply only
to Hosting offered by Intra LDA
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 may advertise
unlimited bandwidth, we reserve the right to inform
you that you must transfer your web site 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 web site from our system.
Right
to Cancel
Intra LDA reserves the right to cancel Service for
any reason without prior notice. Pre-paid service
is non-refundable. Intra LDA will not refund any
shipping or handling fees. Cancellations after the
first of the month will be charged for that month. User
must notify Intra LDA prior to their renewal date
to cancel Service. Fees for any setup, shipping
and handling, and monthly service charges placed
by Intra LDA are non-refundable.
No
Confidentiality
Information transmitted through Intra LDA and through
the Internet in general is not confidential. Intra
LDA can not and shall not guarantee privacy or protection
of any User. Intra LDA 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 Intra LDA
Customer
Information
Unless required by court order, subpoena or other
legal request, or upon the advice of counsel, "Intra
LDA" 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 "Intra LDA" to the
contrary as provided above, "Intra LDA"
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
Intra LDA does not and will not perform system backups
on any User's E-mail account(s). Intra LDA 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, Intra
LDA will not provide historical data, to any party
for any reason, regarding any system or Internet
activity. Intra
LDA does not and will not perform system backups
on any web sites. Intra LDA shall not be held responsible
for any lost web data, web files, or any web site
contents, regardless of the reasoning for data loss
or system causes. Except as otherwise set forth
herein, Intra LDA will not provide historical data,
to any party for any reason, regarding any system
or Internet activity. A $20 surcharge applies for
cancellations of annual accounts. Failure
to Comply With Terms and Conditions Intra LDA may
deny User access to all or part of the Service without
notice if User engages in any conduct or activities
that Intra LDA in its sole discretion believes violates
any of the terms and conditions in this Agreement.
If Intra LDA denies User access to the Service because
of such a violation, User shall not have the right
(1) to access through Intra LDA 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 Intra LDA,
and Intra LDA 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 authorizes Intra LDA to enforce these restrictions
by appropriate software and network measures, automated
and manual. User
agrees to notify Intra LDA 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 Intra
LDA. 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.
Intra
LDA'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. Intra
LDA may modify this Agreement from time to time
by placing a notice of such modification on our
web site, 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. Intra
LDA 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 Intra LDA. 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
Intra LDA as the defendant, shall be proper only
in a venue determined by Intra LDA In
any action between Intra LDA and User to enforce
any of the terms of this Agreement, Intra LDA shall
be entitled to recover expenses, including reasonable
attorney's fees.
This
Agreement constitutes the entire agreement between
User and Intra LDA with respect to the Service.
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