Version 1.0
Release Date: 6/18/2004
I. INTRODUCTION AND COVERAGE
II. COMPLIANCE
III. CONSEQUENCES OF NON-COMPLIANCE
IV. PROHIBITED USE
V. LEGAL
VI. BILLING, CANCELLATION AND REFUND POLICY
VII.COMPLAINTS AND
CONTACT INFORMATION
This Terms of Use
Policy (this “Policy”) sets forth guidelines for acceptable use of the
iGlide.net Internet Access Service
(the “Service”). The Service is designed for residential users and you hereby
warrant and represent that you are a residential user. All Users are required to comply with this
Policy and agree to use the Network in accordance with this Policy.
As a User, you must
also comply with all terms and conditions of applicable agreements, and with
any additional policies that may be applicable to a specific service offered by
iGlide.net .
As used in this
Policy, the following terms shall have the respective meanings set forth below:
“Account” means one
paying subscription for one dial-up Internet access connection to the Service.
“Constant Connection
Abuse” means using your dial up account to continually connect to the Internet
for web/ftp/mail or other services.
“Excessive Use” means
staying connected continuously while not in use or using more usage hours than
one connection could utilize during any given month.
“Network” means the
dial-up network utilized by us to provide the Service, and all systems,
services, and products that utilize, or are utilized in connection with, such
network.
“Network Services
Supplier” means any of our Network and Internet connectivity service providers
enabling the Service.
“Policy” shall have
the meaning ascribed to it in the preamble.
“Service” shall have
the meaning ascribed to it in the preamble of this Policy.
“User” shall mean any
person subscribing to or using the Services, including, without limitation,
you.
we “us” or “our”
refers to iGlide.net, and any division, subsidiary, affiliate, or parent
corporation thereof.
“you” or “yours”
refers to the Person subscribing for or using the Service.
In situations where
data communications are carried across networks of other ISPs, you must also
conform to the applicable acceptable use policies of such other ISPs.
If you are unsure
whether any contemplated use or action is permitted, please send us your
questions or comments about the Service at: webmaster@iGlide.net.
Any complaints
regarding prohibited use or other abuse of the Service, including violations of
this Policy, should be sent to us at: abuse@iGlide.net.
We reserve the right
to modify, alter or otherwise update this Policy from time to time without
notice, and such modifications will be effective immediately upon posting. You agree to be bound by such terms as are
in effect at the time that you access this website. In addition, you agree to
review this Policy periodically to be aware of such modifications and your
continued access will be deemed your conclusive acceptance of the modified
Policy.
All Users are required
to comply with this Policy, all applicable laws and regulations and any
procedures and/or requirements we otherwise publish. This Policy and your
agreement hereto supersedes all previous representations, understanding, or
agreements, written or oral, by or between you and us or any of our
representative, and shall prevail notwithstanding any variance with terms and
conditions of any and all orders submitted.
Responsibilities
The Service provides
an unfiltered connection to the Internet. No data, documents, materials, or
information that enters the Network is reviewed before being transmitted to
you. Accordingly, we neither control nor accept responsibility for the content
of any communications that are transmitted or made available to you, regardless
of whether such communications originated from other Users. In addition, we
expressly disclaim any responsibility for the accuracy or quality of
information provided by third parties that may be obtained through the
Service’s use. All material or information obtained by any User through the Services
is provided “As Is” without warranties of any kind. In no event will DAPAC, LLC or MELALEUCA be liable for any
damages, either direct or indirect, incidental, special or consequential, for
use of or inability to use the service, of any kind, delay of or partial
delivery, termination of rights or loss of profits, data, business or goodwill,
or to provide any indemnification or any other remedy to any User. Your sole and exclusive remedy is to discontinue
using and accessing the Service. To the extent that the jurisdiction that you
are subject does not allow any part of such limitation, such part does not
apply. We do not warrant that: (1) the Services will meet any of your
requirements; (2) it will operate in combination with any software and/or
services that you may select to use; (3) the operation of the Service will be
uninterrupted or error free; (4) any errors will be corrected; and/or (5) the
Service will meet any particular criteria of performance or quality.
You are responsible for
complying with this Policy, and for providing reasonable assistance to DAPAC,
LLC and or MELALEUCA in investigating and resolving issues, problems, and/or
complaints arising out of the services provided to you. You agree to indemnify, defend and hold DAPAC,
LLC and MELALEUCA, our agents, and employees harmless from and against any
damages, judgments, expenses and other liabilities resulting from any final
determination that the data, information and/or content stored, received or
transmitted, now or in the future, from your account, infringes trademark,
trade secret, copyright, patent or other third-party intellectual property
rights and from any other damages, claims, suits or actions that may arise, now
or in the future, as a result of your use of the Service. This indemnification shall survive any
termination of use of the Service.
All Users of the
Service are responsible for configuring their own systems to provide the
maximum possible accountability. For example, you should ensure that there are
clear “path” lines in news headers so that the originator of a post may be
identified. You should also configure their Mail Transport Agents (MTA) to
authenticate (by look-up on the name or similar procedures) any system that
connects to perform a mail exchange, and should generally present header data
as clearly as possible. As another example, you should maintain logs of
dynamically assigned IP (Internet Protocol) addresses. You
are responsible for all phone company charges that you incur including any
charges for calling long distance to one of the Service’s Points of Presence
(“POP”). All POP telephone numbers
should be confirmed as a local call before being committed to any system
settings.
We reserve the right
to disconnect you after approximately 30 minutes of inactivity or after
approximately 6 hours of continual use. These parameters may be changed at any
time in our sole discretion. If you are disconnected because of Constant Connection
Abuse, you will have to reconnect your account in order to resume Service.
We reserve the right
to suspend customers who engage in Excessive Use at any time. Excessive Use is caused by Long Connections
and, or, Multiple logins. Using a
personal account for high volume or commercial use is prohibited. The Services are intended for periodic,
active use of email, newsgroups, file transfers, Internet chat, games, and
browsing the World Wide Web. Members
may stay connected so long as they are actively using that connection for the
above purposes. Members may not use the
Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited.
Service customers are
responsible for immediately reporting to DAPAC, LLC (via e-mail or phone) any
network issue, which could compromise the stability, service or security of any
Service use by our customers or DAPAC, LLC.
You understand that
neither we nor our Network Services Suppliers is responsible for the content of
the transmissions that may pass through the Network. You agree that you will NOT use the Network in ways that violate
the laws, infringe the rights of others, or interfere with the Users, services,
or equipment of other networks.
For example, you shall
not distribute unsolicited advertising, chain letters, or commercial electronic
mail); propagate computer worms or viruses; attempt to gain unauthorized entry
to other computers, data or networks; distribute child pornography, obscenity,
or defamatory material over the Internet; or infringe copyrights, trademarks,
or other intellectual property rights.
Violation of this
Policy is strictly prohibited. In the event of any actual or potential
violation, we reserve the right to suspend or terminate, either temporarily or
permanently, without notice any or all Services, to block any abusive activity,
or to take any other actions as deemed appropriate by DAPAC, LLC, in our sole
discretion.
If you violate this
Policy, you may incur criminal or civil liability. We may refer you to civil or
criminal authorities for prosecution, and will cooperate fully with applicable
government authorities in connection with the civil or criminal investigations
of violations.
You do hereby assume
liability for, and agree to fully indemnify and hold DAPAC, LLC and MELALEUCA,
our agents, employees, officers, directors, successors and assigns harmless
from and against all liabilities, damages, claims and expenses, including
reasonable attorney’s fees, arising out of your use of the Service, including
without limitation any liabilities, damages, claims and expenses arising out of
the use of the Service in violation of applicable law. These indemnities and assumptions of
liabilities and obligations shall survive the expiration or other termination
of this Agreement.
The examples of
prohibited use set forth below and throughout this Policy are non-exclusive,
and are provided as guidelines to you and other Users.
In the event of
suspected, alleged, or actual illegal activity, we will notify and/or cooperate
with applicable law enforcement authorities for potential civil or criminal
investigation or prosecution. If we
receive a request for assistance from a law enforcement authority in respect of
suspected, alleged or actual illegal conduct, we reserves the right to notify
or to cooperate with law enforcement authorities. You shall have no cause of action whatsoever for any such notification
of, or cooperation with, law enforcement authorities.
A. Illegal Use
The Service may be used only for lawful purposes. The transmission,
distribution, or storage of any information, data, or material in violation of
any applicable law or regulation is prohibited. Without limitation of the
foregoing, it is strictly prohibited to create, transmit, distribute, or store
any information, data, or material which:
Infringes any copyright, trademark, trade secret, or other intellectual
property right;
Is obscene or constitutes child pornography (All pornography is prohibited.);
Is libelous, defamatory, hateful, or constitutes an illegal threat or
abuse;
Violates export control laws or regulations; or
Encourages conduct that would constitute a criminal offense or give rise
to civil liability.
B. Abuse
The following general actions are considered “abuse” and are violations
of this Policy and are strictly prohibited:
Any conduct which violates the accepted norms and expectations of the
Internet community at large (whether or not detailed in this Policy). We
reserve the right, in our sole discretion, to make a determination whether any
particular conduct violates such norms and expectations.
Resale or redistribution of our services or products, includes without
limitation the Service, unless expressly authorized in a separate written
agreement with us.
Any conduct that restrict or inhibits any other customer, whether a User
of the Service or a user of any other system or network, from using or enjoying
any of our services or products, as determined by us in our sole discretion.
Impersonating another User or otherwise falsifying one’s User name in
e-mail or any post to any newsgroup or mailing list is strictly prohibited.
Harassment, whether through language, frequency, or size of messages.
Creating, forwarding, posting, or distribution of chain messages of any
type (also known as “pyramid” or “Ponzi” schemes).
Forging of message headers or a sender’s identity, or taking any similar
action with the intent of bypassing restrictions or limits on access to a
specific service or site (such as a moderated newsgroup or a site utilizing
filters). This prohibition does not restrict the legitimate use of aliases or
anonymous re-mailers.
Falsifying identity or contact information (whether given to us, to the
InterNIC, or put in a message header) to circumvent this Policy. This
prohibition does not restrict the legitimate use of aliases or anonymous
re-mailers.
Furnishing DAPAC, LLC with false or incorrect data on written or online
applications, contracts, or other materials or information provided to the
Service, including fraudulent use of credit card numbers or “bill to” telephone
numbers.
Attempting to circumvent or alter the processes or procedures to measure
time, bandwidth utilization, or other methods or document use of our products
and services.
Creating and canceling accounts with the sole purpose of gaining
financial advantage.
Using terminal hardware or software to maintain a continuous connection
to the Internet namely for unattended automated operations or server
connectivity applications, or continuously reconnecting to the Internet, even
when you are not actively using this connection.
Using Internet applications for the purpose of simulating network
activity to avoid session inactivity disconnection.
Using one dial-up account for more than one connection at any given time.
Violations of system or Network security are prohibited, and may result
in criminal and civil liability. We will investigate potential security
violations, and may notify applicable law enforcement agencies if violations
are suspected.
It is strictly prohibited to attempt to circumvent the authentication
procedures or security of any host, network, network component, or account (i.e.“cracking”)
to access data, accounts, or servers, which you are not expressly permitted or
authorized to access. This prohibition applies whether or not the attempted
intrusion is successful, and includes unauthorized probes or scans performed
with the intent to gather information on possible security weaknesses or
exploitable configurations.
You are responsible for educating yourself and configuring your system
with at least basic security. Should systems at one or more of your sites be
violated, you are responsible for reporting the violation and then fixing the
exploited system. For instance, should a site be abused to distribute
unlicensed software due to a poorly configured FTP (File Transfer Protocol)
Server, the User is responsible for re-configuring the system to stop the
abuse.
You are prohibited from interfering or attempting to interfere with
service to any other User, host, or network on the Internet (“denial of service
attacks”).
Examples of such prohibited activity include without limitation:
(a) sending massive quantities of data (i.e.
“flooding” with ICMP, SMTP, or any other type of traffic that exceeds accepted
norms of size and/or frequency) with the intent of filling circuits,
overloading systems, and/or crashing hosts,
(b) attempting to attack or disable any
user, host, or site, or
(c) using,
distributing, or propagating any type of program, script, or command designed
to interfere with the use, functionality, or connectivity of any Internet user,
host, system or site (for example, by propagating messages, vial e-mail, Usenet
posting, or otherwise, that contain computer worms, viruses, control characters
or Trojan horses).
You are prohibited from intentionally or negligently injecting false data
into the Internet, for instance in the form of bad routing information
(including but not limited to the announcing of networks owned by someone else
or reserved by the Internet Assigned Numbers Authority) or incorrect DNS
information.
You agree that your username and password and changes to both of these
items are your responsibility
D. E-Mail
You are prohibited from engaging in improper use or distribution of
electronic mail (“e-mail”) over the Internet. Without limitation of the
foregoing, it is a violation of this Policy and you are strictly prohibited
from engaging in any of the following activities:
Sending unsolicited bulk e-mail (“UBE”, or “spamming”). This includes,
but is not limited to, the distribution of UBE for commercial, informational,
advertising, political, or religious purposes.
Setting up “mailback” or “drop box” addresses in order to receive
responses from UBE, either directly by the user or by a third party on behalf
of the user.
Using a mail transport agent (MTA) outside of your own site to relay mail
(unless you have received express permission to do so). Even if permission has
been received, you are prohibited from forging identities to make it appear as
though the e-mail sourced from the relay.
Sending UBE, or posting news, to advertise or promote resources whose
connectivity depends in any way on the Service, regardless of whether such UBE
or news posting is made using the Service. For example, using another ISP’s
services to send UBE, which advertises a web page, hosted by or via the Service
is prohibited.
Hiring or using any third party service for the purpose of distributing
UBE or excessively “multi-posting” or “cross-posting” any Usenet posting in the
name of a User. You will be held responsible for the actions of any third party
agent that acts on your behalf or for your benefit, and shall be held directly
accountable for any violations of this Policy by such third party agent.
You are strictly prohibited from sending out any bulk and/or unsolicited
e-mail, commercial or otherwise (spamming). Bulk e-mail is defined as identical
or similar e-mail messages sent to 25 or more recipients. Spamming is defined
as solicitation e-mail messages sent to recipients who have not specifically
requested materials to be sent to them. Any violation of this policy may result
in the immediate termination of your account, at our sole discretion. If you
violate this spamming policy, you may be assessed the following fines and
penalties, which you hereby agree to pay:
·
First offense:
$100.00 or possible termination of your account
·
Second offense:
$500.00 or possible termination of your account
·
Third offense:
$500.00 and automatic termination of your account.
Bulk e-mail may be sent only to recipients who have expressly requested
receipt of such e-mail. Users that send solicited bulk e-mail are required to
maintain records of all bulk e-mail subscription requests, and to provide us
with such records upon our request, to enable us to investigate complaints from
third parties. The sender of any solicited bulk e-mail shall, upon the request
of a recipient, immediately remove such recipient from all applicable mailing
lists and refrain from further transmissions of e-mail to such recipient.
Use of any auto-responder messages, mailing lists, or any other programs
or scripts run by a User to handle or re-distribute e-mail is the User’s sole
responsibility, and shall be operated in a reasonable manner. This
responsibility includes, but is not limited to, maintaining up-to-date mailing
lists to minimize mail bouncing and to facilitate the processing of removal
requests, configuring auto-responders so that they do not create mail loops,
and the prompt handling of any complaints regarding UBE redistributed through a
mailing list onsite.
We recommend that you not post to any newsgroup until you have
familiarized yourself with the subjects, established guidelines, and
restrictions of such newsgroup. All Usenet guidelines and restrictions are
incorporated herein by reference and you agree to unconditionally adhere to
such guidelines.
Without limitation of the foregoing, it is a violation of the Policy and
you are strictly prohibited from engaging in any of the following activities:
Making any posting for commercial purposes (including without limitation the
pointing to specific URLs for commercial purposes), except where such postings
are expressly permitted under the charter and/or Frequently Asked Questions
(FAQ) of an applicable newsgroup. The posting of any advertisement or other
commercial solicitation to any newsgroup is prohibited. We reserve the right,
in our sole discretion, to determine whether a post constitutes an
advertisement or commercial solicitation. The posting of a single article or
substantially similar articles to an excessive number of newsgroups or mailing
lists, or continued posting of articles that are off-topic is strictly
prohibited. A posting will be considered off-topic when it provokes complaints
from the regular readers of the newsgroup or is deemed so by us. A violation of
this policy will result in the immediate termination of your account.
Posting binary files to newsgroups whose charter or name does not include
allowances for such files.
Posting via our news feed any solicitation for mail back to an e-mail
address (including addresses of non-iGlide.net users) networks with the
intentions of bypassing this Policy.
Canceling newsgroup postings other than your own, or using
auto-responders or cancel-bots (or similar automated or manual routines), which
generate excessive network traffic or disrupt Usenet newsgroup/e-mail use by
others (except in cases of official newsgroup moderators performing their
duties).
Engaging in “Excessive Cross-Posting” (ECP) or “Excessive Multi-Posting”
(EMP) or “Usenet Spam” (no matter what the content might be) as defined by the
Internet community and expressed in the news.admin.net-abuse.* newsgroups and
FAQs.
Disrupting newsgroups with materials, postings, or activities that are
(as determined by us in our sole discretion) frivolous, unlawful, obscene,
threatening, abusive, libelous, hateful, excessive, or repetitious, unless such
materials or activities are expressly allowed or encouraged under the
newsgroup’s name, FAQ, or charter.
Using filtering messages (e.g. NoCeM) in an intrusive manner, or at other
than your server level. Generally, filtering messages are considered normal
Usenet traffic and are treated as such by us. Complaints regarding filter use
or abuse should be directed either to the source generating them or the sites
utilizing them.
Performing any unauthorized creation, cancellation, or removal of
newsgroups.
The legitimacy of a given post or cancellation is determined by the
official newsgroup or mailing list moderator. Therefore, we defer to their
judgment on these issues. If no such official entity exists, it is within our
sole discretion to determine whether any post or cancellation complies with
this Policy and that newsgroup’s Internet community standards.
The following are violations of this Policy and you are strictly
prohibited from engaging in any of the following web-related activities:
The exploitation or attempted exploitation of any scripts presented on
web pages (e.g., forms for answering questions or for entering data) is a
violation of this Policy and you are prohibited from engaging in any of the
following activities:
Excessive use of bandwidth by utilizing programs, scripts, or commands to
abuse a web site (for example, by connecting for an excessive amount of time,
repeatedly engaging site-local scripts, or related behavior).
“Walking” a database for the purpose of collecting data contained therein
(whether or not this behavior requires that the reader of the page must
knowingly ignore files such as “robot.txt” which is designed to guide
cataloguing robots/programs).
Operating a robot on a site’s page after the site has asked that the
behavior cease.
Configuring a web page to act maliciously against Users that visit that
web page.
We reserve the right
in our sole discretion to modify, supplement, delete, discontinue or remove the
Service, software, file, publications, information, communication or other
content appearing on or transmitted through the Service at any time.
You shall be
responsible for all information use of all information accessed or transmitted
by you, and hereby ratify and guaranty any obligations entered into or assumed
by others who use the Service through your account. You expressly agree that
use of the Service is at your sole risk. Neither we nor any of our information
providers, licensors, suppliers, employees, agents, or ISPs that provide access
to the Service:
(a) warrant that the Service will be
uninterrupted or error free,
(b) make any warranty as to the results to be
obtained from use of the Service,
(c) shall be liable for any direct, indirect,
incidental, special, or consequential damages
arising out of the use
of the Service or inability to use the Service or out of any breach of any
warranty.
You agree not to
upload, post or otherwise publish on or over the Service, and not to seek on or
over the Service, any software, file, information, communication or other
content:
a. which violates or infringes upon the rights
of any other;
b. which, under the circumstances and in our
good faith judgment, is, or is likely to be perceived by an intended recipient
or target as, defamatory, misleading, abusive, profane, pornographic, offensive
or inappropriate;
c. which is unsuitable for minors (persons
under 18 years of age);
d. which constitutes a threat to, harassment
of, or stalking of another; which adversely affects the performance or
availability of the Service or iGlide.net;
e. which contains any virus, worm, cancelbot,
harmful component or corrupted data; or
f. which, without the approval of iGlide.net,
contains any advertising, promotion or solicitation of goods or services for
commercial purposes.
You acknowledge that
DAPAC, LLC will not be required to edit or review for accuracy or
appropriateness any content within the Service.
DAPAC, LLC reserves
all copyrights and other rights in and to any content available through the
Service that is identified as, claimed by DAPAC, LLC as, or known by User to
be, proprietary to DAPAC, LLC (or its licensers or suppliers). The content on
the Service is protected under applicable copyright law, including as a
collective work.
This Policy is made in
the State of California, and shall be governed by and construed in accordance
with the laws of the United States of America and of the State of California.
Any cause of action you or your designated Users may have regarding the Service
must be instituted within one year after the claim or cause of action has
arisen or is barred.
You agree to protect
and indemnify DAPAC, LLC and MELALEUCA against any and all liability, loss or
expense arising from any breach by you of any agreement related to the
Services, claims of libel, unfair competition, infringement of trademarks,
trade names or patents, violations of rights of privacy and infringement of
copyrights and property rights resulting from your use of the access and other
services provided by us.
Any Internet activity,
which references back to DAPAC, LLC or our services in a damaging manner, will
result in suspension or termination of account(s). Illegal Internet activity
using or referencing us or an account or services provided by us will result in
immediate termination, possible prosecution, and assessment of legal fees
accrued.
Use of our services
and the access of your Internet account by you as a company and/or an
individual constitutes acceptance of this Agreement in full. This Agreement is
effective when you first use the Services, including but not limited to access
to the Internet, and continues until the Service are terminated by either
party. If either party terminates this Agreement, you are still responsible for
any charges on your account.
We do not offer a
forwarding service for email or websites if you choose to terminate your
account. For this reason, it is recommended that you continue your Account for
as long as necessary for forwarding purposes.
We bill for most
services in advance. You agree to be bound by the California Uniform Consumer
Credit Code. A service charge of 1-1/2% per month will be charged on all past
due amounts. If your Account is referred to collection, you agree to pay any
collection costs incurred including reasonable attorney’s fees, filing fees and
court costs.
We reserve the right
to take whatever actions we deem appropriate to enforce these policies. We also
reserve the right to change these policies without prior notice at any time.
Our actions may include Account suspension or termination. We do not issue any
credits for Accounts cancelled due to policy violations. We reserve the right
to refuse service to anyone at anytime for any reason.
In addition to any
other fees that may be assessed by us, as provided herein, you shall be held
liable for any and all costs incurred by us as a result of your violation of
any terms and conditions of this Agreement. This includes, but is not limited
to, attorneys’ fees and costs resulting from Postmaster responses to complaints
from and the cleanup of unsolicited commercial mailings and/or unauthorized
bulk mailings and/or news server violations. Our current hourly rate for
Postmaster responses to complaints and cleanup of unsolicited commercial
mailings and/or unauthorized bulk mailings and/or news server violations is US
$100 per hour, with a minimum one (1) hour charge, plus US $1 for each
bulk-email or Usenet message sent, plus US $1 per complaint received. These
rates are subject to change at any time without notification.
The posting of any
advertisement or other commercial solicitation to any newsgroup is prohibited.
We reserve the right to determine whether a post constitutes an advertisement
or commercial solicitation. The posting of a single article or substantially
similar articles to an excessive number of newsgroups or mailing lists, or
continued posting of articles that are off-topic is strictly prohibited. A
posting will be considered off-topic when it provokes complaints from the
regular readers of the newsgroup or is deemed so by us. A violation of this
policy will result in the immediate termination of your Account.
The modems utilized by
us to provide the Services are engineered for speeds up to 56k flex
connectivity. However, we cannot and do not guarantee a 56k connection if
telephone company facilities or your modem are unable to support this
connection speed.
You understand that
the services provided by us may be interrupted for several reasons. These
include, but are not limited to, malfunctions, maintenance, and improvement or
as required to protect network resources in the event of malfunctions or
misuse. You understand that it may not be possible for you to receive advance
notification of any such interruption of service. we shall not be liable for
any delay in or failure to perform the Services caused by circumstances beyond
our control such as those occasioned by other companies or organizations, acts
of God or other causes, or which it could not have reasonably foreseen or any
other cause, which similarly impedes the providing of Service.
All credit cards will
be charged automatically for each billing period. You have a right to dispute a
credit card charge levied by us. If the charges are removed by us and then
reinstated because the charges were determined to have in fact been valid, then
you may be charged a $40.00 service fee. Abuse of your credit card privileges
may result in the suspension of or the disabling of your Account.
You agree to indemnify
and hold us and/or our employees and directors, information providers,
licensers, suppliers, agents, and ISPs harmless against all claims,
liabilities, damages, costs and expenses, including but not limited to
reasonable attorneys fees, arising out of or related to any and all use of your
Account. This includes, without limitation, responsibility for all such
consequences of your (or that of any user of User’s account) violation of this
Policy.
This Policy is for our
benefit and/or that of our employees and directors, information providers,
licensers, suppliers, agents, and ISPs; and each shall have the right to assert
and enforce such provisions directly on its own behalf.
Your use of the
Service is subject to the terms and conditions of any agreements entered into
by you with us. This Policy is incorporated into such agreements by reference.
You agree to use all Services at your own risk.
All Services are provided “As Is” and without representation or warranty of any
kind. DAPAC, LLC and MELALEUCA specifically disclaim all warranties of
merchantability, fitness for a particular purpose and non-infringement. In no
event shall DAPAC, LLC or MELALEUCA be liable for any loss, loss of data, or
other damage, including but not limited to special, incidental, consequential
or other damages even if advised of the possibility of such damages. This
includes loss of data resulting from delays, non-deliveries, wrong deliveries,
and any and all Services interruptions caused by DAPAC, LLC, our
Representatives or your errors or omissions. To the fullest extent permitted by
law, you waive and release all claims and causes of action accrued at any time
and whether known on unknown, against DAPAC, LLC, MELALEUCA, and their
shareholders, directors, officers, employees, agents, representatives,
subcontractors, network service suppliers, successors and assigns (our
“Representatives”) For any and all loss and damage caused in whole or part by
DAPAC, LLC or MELALEUCA or our Representatives and/or your use of the Services.
If this waiver and release is not given full effect, then our total amount of
any liability , including all attorney’s fees and costs, shall not exceed the
total fees actually paid by you for the Services (excluding amounts paid for
other goods or services provided by us or our Representatives and affiliates)
for the one month preceding our receipt of written notice of your claim, even
if we were previously advised of the possibility of such damages.
DAPAC, LLC does not warrant that the Network will
be available on a specified date or time or that the Network will have the
capacity to meet your demands during specific hours. You may be unable to access the Network at any time, and
disconnection from the Network may occur from time to time. Neither DAPAC, LLC,
MELALEUCA, nor our Network Services Suppliers nor any of our Representatives
will be liable for unauthorized access to our or your transmission facilities
or premise equipment or for unauthorized access to or alteration, theft or
destruction of your data files, programs, procedures or information through
accident, fraudulent means or devices, or any other method, regardless of
whether such damage occurs as a result of our negligence or that of or our
Network Services Suppliers.
You agree to protect and
indemnify DAPAC, LLC and MELALEUCA against any and all liability, loss or
expense arising from claims of libel, unfair competition, trademark
infringement, trade names or patents, violations of rights of privacy and
infringement of copyrights and property rights resulting from your use of the
access and other services provided by DAPAC, LLC.
All rights and
remedies, as set forth herein, are not intended to be exclusive, and DAPAC, LLC
and, or MELALEUCA may exercise any other rights or remedies available at law or
equity.
Neither this agreement
nor any rights hereunder may be assigned by you without our prior written
consent. Any attempted assignment in
violation of the immediately preceding sentence shall be void. We may freely assign this agreement or any
rights hereunder.
If any provision of
this agreement is determined to be invalid or unenforceable, such invalidity or
unenforceability will not invalidate or render unenforceable the remainder of
this agreement, but rather the entire agreement will be construed as if not
containing the particular invalid or unenforceable provision, and the rights
and obligations of the parties to this agreement will be construed and enforced
accordingly.
The waiver by either
party of a breach of any provision of this agreement by the other shall not
operate or be construed as a waiver of any subsequent breach by such other
party.
This Policy shall be
governed by and construed in accordance with the substantive laws of the State
of California as if this agreement were executed in, and fully performed
within, the State of California. Venue
for any litigation or arbitration between the parties shall be exclusively in
California, unless otherwise agreed by us in writing.
DAPAC, LLC must receive payment for the first
month’s Service on or before the date of commencement of the Service.
Thereafter, DAPAC, LLC requires payment at least 10 days in advance of the
provision of Services and will bill the credit card account you have placed on
file with DAPAC, LLC for such Services. In the event DAPAC, LLC is unable to
collect payment for Services from such credit card account, you hereby
authorize DAPAC, LLC to collect payment for Services and other charges from the
credit card or checking account that you have on file with MELALEUCA.
Purchasers of DAPAC, LLC’s services agree to be bound by the Uniform Consumer
Credit Code of the State of California. A service charge of 1 ½% per month will
be charged on all past due amounts. If your account is referred to collection,
purchaser agrees to pay any collection costs incurred including reasonable
attorney’s fees, filing fees and court costs.
Accounts will be billed thirty (30) days in
advance. Cancellations will require a thirty (30) day cancellation notice and
must be sent in writing to iGlide.net, PO Box
12026, 1100-555 West Hastings Street, Vancouver, BC, V6B 4N4 or faxed to 604.525.4243. All
cancellation requests must include first and last name, Melaleuca I.D. number
or telephone number, and the subscribers signature. There will be no partial month refunds.
In addition to the monthly charges, you will be
responsible for any applicable sales, use, value added or similar taxes, fees
and charges that are imposed upon the Service.
Such amounts will be payable by you without discount or set off. All amounts will be due and payable within
thirty (30) days following the date of invoice.
We reserve the right to
increase, decrease or otherwise modify the prices under which we offer the
Service upon thirty (30) days’ notice to you.
iGlide.net customers who are also MELALEUCA Preferred Customers may receive a referral credit (in the amount of the then current MELALEUCA Preferred Customer charge for one month’s Internet Service) for each new customer that they refer to iGlide.net and who signs up for Service. The referral credit is equal to the lesser of the base service the referred customer signed up for, or the base service of your own monthly service. In other words, if a customer is on the standard dial up plan at $13.95 and referred a new customer and they also sign up for the standard dial-up plan at $13.95, then they will earn a $13.95 referral credit. Conversely, if you are a Bring Your Own Internet Service customer at $4.95 and referred a customer that signed up for the $13.95 standard dial up plan, you will receive $4.95 referral credit. New iGlide.net customers who are also MELALEUCA Preferred Customers may immediately begin referring other potential customers to iGlide.net. In order to qualify for referral credits, the referring customer must be identified as the referrer on the new iGlide.net customer’s application for Services. Any MELALEUCA Preferred Customer who is also an iGlide.net customer may refer any other Preferred Customer to iGlide.net and receive the referral credit when they sign up for iGlide.net Service. Referral credits will accrue to the referring customer in the second consecutive month of Service to the referred customer. Credits can only be applied to the payment of the referrer’s Internet Services and are not transferable or otherwise redeemable. If you cancel your MELALEUCA Preferred Customer Agreement or otherwise become inactive, any accumulated credits that remain unused at the time shall be forfeited. The referee must maintain and pay (either with cash or credits) for Services for at least six consecutive months before the referral credit is deemed fully earned by the referrer. Since the credit may be applied in advance of the conclusion of the sixth month period, if the new subscriber discontinues service prior to six months, the referrer will be charged for the month of Service for which the credit was applied.
VII. COMPLAINTS AND
CONTACT INFORMATION
Any complaints regarding
prohibited use of other abuse of the Service, including violations of this
Acceptable Use Policy, should be sent via e-mail to iGlide.net at: webmaster@iGlide.net.com.
Please include all
applicable information that will assist us in investigating the complaint
including all applicable header lines of forwarded messages.
Sites experiencing
live attacks from the Service customers should call into our Customer Care
Center (toll free telephone 1-888-395-6392) to submit a complaint as quickly as
possible. Describe the urgency of the situation should you need immediate
attention.
If you are unsure
whether any contemplated use or action is permitted, please send questions or
comments to iGlide.net at: webmaster@iGlide.net.
For further
information about this Policy, please contact iGlide.net, at:
iGlide.net
http://www.iGlide.net
webmaster@iGlide.net