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user
Terms of Service
Note: All users are bound by this terms of
service.
The Dial-Up Store
agrees to provide you ("The User") with
those services 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.
The Dial-Up Store exercises no control whatsoever
over the content of the information passing through
The Dial-Up Store's system. Use of any information
obtained via The Dial-Up Store is at User's risk.
Neither The Dial-Up Store 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 The Dial-Up
Store 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
THE DIAL-UP STORE, ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER THE DIAL-UP STORE 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 THE DIAL-UP STORE,
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 THE DIAL-UP
STORE IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER
THE TERMS OF THIS AGREEMENT, THE DIAL-UP STORE'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 The Dial-Up Store in operating the
Service, User's sole and exclusive remedy is to
discontinue using the Service with a full refund
issued within the first 30 days of service.
Indemnification
Notwithstanding anything to the contrary herein
contained, User agrees to indemnify and hold The
Dial-Up Store, 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 The Dial-Up Store, 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, willful
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 The
Dial-Up Store in writing of any claim of which it is
obligated under this indemnity. User shall have the
right to assume the defense of any such claim. User
and The Dial-Up Store shall confer as to and agree
on the legal counsel(s) to be selected in any such
defense.
Age Limit
User represents to The Dial-Up Store 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. The Dial-Up Store
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
offense, give rise to civil liability, or otherwise
violate any local, state, national or international
law, including without limitation the U.S. export
control laws and regulations;
post on webspace 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
rightholder;
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 Maillist, 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.
The Dial-Up Store 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. The Dial-Up Stove
will not intentionally monitor or disclose any
private E-mail message unless required by law. The
Dial-Up Store 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. The Dial-Up Store
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
The Dial-Up Store following payment of a
reconnection charge, to be determined by The Dial-Up
Store in its sole and absolute discretion.
Messaging
User agrees to limit their use of the The Dial-Up
Stove service, specifically regarding the use of The
Dial-Up Store'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 The Dial-Up
Store 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. THE DIAL-UP STORE
RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF
ON FILE FOR USE IN PAYMENT OF THE DIAL-UP STORE
SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF
THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR
DIAL-UP STORE SERVICE VIA CASH, CHECK, OR MEANS
OTHER THAN CREDIT CARD, THE DIAL-UP STORE 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 THE DIAL-UP STORE SERVICES FOR VIOLATION OF ANY
OF THESE TERMS.
Limitation of Web Hosting Services
Although The Dial-Up Store 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 The Dial-Up Stores
services by any such User, which restricts system
availability for other such Users. These limitations
apply only to Hosting offered by The Dial-Up Store.
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 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. If the request is not met
within 5 days, we do reserve the right to remove the
website from our system.
Limitation of Dial-Up Services
Although The Dial-Up Store advertises
"Unlimited Access" in regards to some of
it's Dial-Up services, there are several limitations
applied. The sole purpose of these limitations are
intended to limit the amount of unnecessary use of
The Dial-Up Stores services by any such User, which
restricts overall The Dial-Up Store's system
availability for other such Users. These limitations
apply only to Dial-Up access services offered by The
Dial-Up Store.
Idle Timeout
User agrees to have their online session
automatically terminated after ten (10) minutes of
consecutive inactivity. Inactivity is defined as
less than 500 bytes of data transferred between
User's modem and the The Dial-Up Store service.
Maximum Single Session
User agrees to have an online session
automatically terminated after five (5) hours of
consecutive time, regardless of data transferred
during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the
The Dial-Up Store system for a time period of one
(1) minute following the termination of their
previous online session, regardless of the reason
for the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1)
concurrent online session for each PPP/ISDN account
purchased.
Starnet Access Restrictions
User agrees to not use the service as a dedicated
connection. The determination of what a dedicated
connection is shall be at the sole determination of
The Dial-Up Store. Service is provided as an
unlimited service provided that you may not use the
provided connection as a dedicated connection.
UU.net Access Restrictions
User agrees that for all UU.net locations, that
they will be limited to 150 hours of access per
month. If a customer exceeds the 150 hour limit,
there account will be temporarily disabled until the
first of the next month.
Terms of Payment
A credit card User agrees to allow "The
Dial-Up Store" to bill his or her card on each
successive billing date without obtaining User's
permission after the initial charge. A credit card
User shall notify The Dial-Up Store of any changes
in credit card number or expiration date. If the
card is not honored for any reason, The Dial-Up
Store will attempt to notify the card holder by
using the telephone information given at sign-up or
by E-mail. The Dial-Up Store will call the card
holder, and if alternative billing has not been
established, the account will be terminated.
Restoring the account will be subject to a setup fee
of $25.00.
If payment is by check, payment due dates are
indicated on User's invoice. Dishonored checks are
subject to a collection fee to be determined by The
Dial-Up Store in its sole and absolute discretion
and User's account may be suspended until the
account is current. If payment is not received ,
service will be terminated and a setup fee of $25.00
will be added to charges for additional Service.
The Dial-Up Store maintains the right to
terminate Service for any unpaid subscriptions.
Accounts in default are subject to an interest
charge of 2.5% per month on the outstanding balance.
Termination of Service shall not relieve User from
the obligation to satisfy outstanding invoices. In
the event The Dial-Up Store utilizes an attorney to
collect any unpaid amounts, User shall be
responsible for the payment of all of The Dial-Up
Stores attorneys fees and costs in the collection of
these sums.
The Dial-Up Store reserves the right to change
prices at any time without prior notice to it's
customers or the public. Price changes will not be
retroactive for existing customers, regardless of
the length of their existing service subscription.
Right to Cancel
The Dial-Up Store reserves the right to cancel
Service for any reason without prior notice.
Pre-paid service is non-refundable, with the
exception of the first (30) thirty days of service.
The Dial-Up Store will not refund any shipping or
handling fees. Cancellations after the first of the
month will be charged for the full month.
User must notify The Dial-Up Store via telephone
or in writing to cancel Service. Cancellations shall
not be honored by electronic mail. Fees for any
setup, shipping and handling, and monthly service
charges placed by The Dial-Up Store are
non-refundable.
No Confidentiality
Information transmitted through The Dial-Up Store
and through the Internet in general is not
confidential. The Dial-Up Store can not and shall
not guarantee privacy or protection of any User. The
Dial-Up Store 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 The Dial-Up Store.
Customer Information
Unless required by court order, subpoena or other
legal request, or upon the advice of counsel, The
Dial-Up Store 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 The Dial-Up Store to
the contrary as provided above, The Dial-Up Store
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
The Dial-Up Store does not and will not perform
system backups on any User's E-mail account(s). The
Dial-Up Store 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, The Dial-Up Store will not provide
historical data, to any party for any reason,
regarding any system or Internet activity.
The Dial-Up Store does not and will not perform
system backups on any web sites. The Dial-Up Store
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. Except
as otherwise set forth herein, The Dial-Up Store
will not provide historical data, to any party for
any reason, regarding any system or Internet
activity.
Failure to Comply With Terms and Conditions
The Dial-Up Store may deny User access to all or
part of the Service without notice if User engages
in any conduct or activities that The Dial-Up Store
in its sole discretion believes violates any of the
terms and conditions in this Agreement. If The
Dial-Up Store denies User access to the Service
because of such a violation, User shall have not
right (1) to access through The Dial-Up Store 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 The Dial-Up Store, and The Dial-Up Store
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 agrees to remain signed into the network
only when actually making use of same, and to
disconnect when idle for significant periods of time
(more than 10 minutes). User also agrees to not
remain connected to The Dial-Up Stores system for
periods exceeding (8) eight hours, in any single
continuous session. User authorizes The Dial-Up
Store to enforce these restrictions by appropriate
software and network measures, automated and manual.
User agrees to notify The Dial-Up Store 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 The Dial-Up Store.
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.
The Dial-Up Stores 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.
The Dial-Up Store 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 Illinois
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.
The Dial-Up Store 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 The Dial-Up Store.
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 The Dial-Up Store as the defendant, shall be
proper only in a venue determined by The Dial-Up
Store.
In any action between The Dial-Up Store and User
to enforce any of the terms of this Agreement, The
Dial-Up Store shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire agreement
between User and The Dial-Up Store with respect to
the Service.
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