Enduser Terms of Service - Updated on
11/29/04
We agree to provide you with those services set forth at the time of signup
and you agree to abide by the restrictions made below. In the event of any
violation of the below terms and conditions of using our service, we reserve the
right to suspend or terminate your account immediately, without notice. If you
do not wish to be bound by the below terms and conditions of using our service,
then you may not access the service.
User represents to us 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. 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. We have no control over and accept no responsibility whatsoever
for such materials. User understands that the following restrictions are applied to the service:
User May Not: Send SPAM, or bulk email when dialed into the network.
Post offensive, threatening, or SPAM, when using the newsgroups. Use their
personal FTP site for business sites. Post or transmit viruses or any harmful
component to others. Transmit anything that is protected by copyright without
permission. Attempt to violate the security of any computer network Engage in
any illegal activity.
User agrees to allow provider to force a 10 minute idle timeout and 5 hour
maximum session on their dial-up account. Attempts to defeat the idle timer
using a ping bot or system tool, or the use of a redialer to automatically
reconnect once disconnected is prohibited. Inactivity is defined as less than
500 bytes of data transferred between User's modem and the service.
User understands that unlimited service does not mean dedicated service.
Dedicated service shall be defined as an average of more than 15 channel hours a
day, based on a 30 day calendar month usage report. User may be blocked and
forced to upgrade to continue service if their unlimited account is used as a
dedicated connection.
User understands that some services may be offered as limited. Once the user
has reached their limit, they shall not have access to the internet until the
1st of the next month. User will not be given and may not purchase more than one
limited account in an attempt to get unlimited access on a limited service. If
user wants unlimited, they must purchase an unlimited account.
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.
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. User may not
purchase more than 1 hosting package and link them together in
an attempt to get around our bandwidth or website size
restrictions. We currently do not allow websites that exceed 15
GB of bandwidth per month to host on our servers. If the request
is not met within 5 days, we do reserve the right to remove the
website from our system.
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.
We 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.
We reserve the right to cancel Service for any reason without
prior notice. In the event that a user's service is cancelled
for a reason outside of this TOS, we will refund the user the
unused portion of that month's service at the time of
cancellation.
We do not and will not perform system backups on any User's
E-mail account(s). We 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, we will not provide
historical data, to any party for any reason, regarding any
system or Internet activity.
Although we do perform system backups on hosting content, we
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. User should always keep their own backup
of their website. Except as otherwise set forth herein, We will
not provide historical data, to any party for any reason,
regarding any system or Internet activity.
We do not perform backups on the mysql databases. We shall
not be held responsible for any lost data. User should always
keep their own backup of their database content.
Information transmitted through us and through the Internet
in general is not confidential. We can not and shall not
guarantee privacy or protection of any User. We reserve the
right to monitor any User's transmissions when deemed necessary
for providing proper service and/or to protect the rights and
property of our company. Your privacy is a top priority for Internet ReNu Service. All
forms will have a security certificate with no less than 128 bit
encryption. At no time will support ask for your passwords.
I-ReNu will never reveal, sell, or publish any information about
our members. Billing cycles are simple to remember because they are the
same for everyone. All payments for your service must be made by
month end. If the payment is not made your service will be
terminated until at which time it is made. If payment problems arise
we will work with members to work out a solution. If our accounting
department is notified for late payment then there will be a 5
day grace period. We may deny User access to all or part of the Service without
notice if User engages in any conduct or activities that we in
our sole discretion believes violates any of the terms and
conditions in this Agreement. If we deny User access to the
Service because of such a violation, User shall not have the
right (1) to access through us 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 us,
and we 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.
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. Our 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. We 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 Washington 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. We 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 our reasonable control. 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 us as the defendant,
shall be proper only in a venue determined by us. In any action between us and User to enforce any of the terms
of this Agreement, We shall be entitled to recover expenses,
including reasonable attorney's fees. This Agreement constitutes the entire agreement between User
and us with respect to the Service.Warranty Disclaimer
No warranty's are made regarding the service. We do not guarantee that the
service will be uninterrupted or error free. We exercize no control whatsoever
over the content of information that is passed through our system. The service
is provided on an "as is" basis.
Responsibility of Use
User shall assume all responsibility for all content distributed, accessed, or
viewed while connected to our service. Under no circumstance shall we be held
liable for your actions while you are using the service. In the event of a court
order, we may provide any and all information that they request of us to them.
Limitation of Liability
Under no circumstances shall we, our agents, our providers, or employees be
liable for any damages, which result in any way from user's use or inability to
use the service or any part thereof. This includes all direct and indirect
damages, special, punitive or consequential damages that may result from busy
signals, errors, delays in the service, deletion of files, viruses, theft, or
alteration of a user's computer. In the event that we are found liable under any
circumstance under the terms of this agreement, our liability shall be limited
to the unused balance of user's subscription payment pro-rated to reflect the
current term.
Age Limit
Sexually Explicit Materials
Restrictions of Use
Dialup Restrictions
Email Restrictions
Hosting Restrictions
Right to Cancel
System Backups
No Confidentiality
Privacy Policy
Billing Policies
Failure to Comply With Terms and Conditions
Miscellaneous