TERMS OF SERVICE
These are the terms and conditions under which InternetServicePros.com
provides all Internet services ("service" or "services").
These Terms of Service act as a fully binding agreement between InternetServicePros.com
and each of its customers ("Customer").
1. InternetServicePros.com
shall primarily communicate with
Customer by electronic mail to the manager
contact's e-mail address as specified by Customer.
Notice of any events or changes involving Customer's service or this
agreement shall be considered given at the time that such notice is
sent by e-mail
to Customer. It is the responsibility of the Customer to contact InternetServicePros.com
of e-mail address changes and InternetServicePros.com is not responsible
for messages not received due to inactive e-mail addresses.
2. All customers must maintain the accuracy of their contact information.
Failure to do so may result in suspension of service. InternetServicePros.com
is not responsible for any inability by Customer to access
or use services if contact information is not kept up-to-date.
3. InternetServicePros.com will never sell or disclose Customer's contact information
or customer lists to any third party, unless required by law or specifically
authorized by Customer.
4. InternetServicePros.com reserves the right to refuse or terminate service to anyone,
at any time and for any reason, including but not limited to violation
of InternetServicePros.com's Acceptable Use Policy. Should InternetServicePros.com terminate Customer's
service for a reason other than violation of the Acceptable Use Policy,
InternetServicePros.com will issue Customer a refund for the remaining paid period
of service. Under no circumstances is InternetServicePros.com responsible for any
damages resulting from termination of service.
5. InternetServicePros.com may make changes to these Terms of Service at any time,
and such changes will take effect thirty (30) calendar days after notice
of the changes is given to Customer. If Customer does not agree with
these Terms of Service, Customer must discontinue use of their services
immediately and contact InternetServicePros.com to cancel their account.
6. Payments are due on the first day of month's that payment is due,
and InternetServicePros.com dispatches e-mail invoices approximately
ten
(10) calendar days prior.
If payment
is not received by ten (10) calendar days after the due date, Customer's
account are subject to suspention and a $25.00 reactivation
fee at InternetServicePros.com's discretion. Accounts may be deleted
if
they have spent eight (8) or more calendar days in a suspended state.
Accounts past
due may be subject to interest at the rate of 1.5% per month.
7. A $30.00 service charge applies to all returned checks, cashier's
checks, or money orders.
8. Unless other arrangements are agreed between parties, charges
will be billed according to the price list currently in effect and
posted
on the InternetServicePros.com web site. Customer
may cancel an account or service at any time, but is responsible for
fees remaining. For
month-to-month billing, Customer is responsible for the current month's
charges. Prepaid accounts are not refundable if Customer chooses to
terminate the account before the paid period has expired. Any service
added during a given month will be prorated from the service start
date to the end of the month.
9. If any invoice or portion thereof is disputed, the invoice must
still be paid in full by the due date. Any credits issued in resolution
of the dispute will be applied to the subsequent month's invoice.
10. InternetServicePros.com may modify account or service pricing at any time. Increases
will take effect thirty (30) calendar days after notice has been provided
to Customer. Customer may choose to cancel the account or service to
avoid a price increase.
11. Customer is responsible for complying with United States federal,
state, and local laws, and applicable laws of any other countries with
which Customer uses the Internet to communicate. Customer may not participate
in or support any illegal activities through the use of their service.
InternetServicePros.com does not control the content of network traffic to or from
their services or network.
12. InternetServicePros.com's services are provided as-is, and are
to be used at Customer's own risk. InternetServicePros.com provides
no warranties of any kind, expressed
or implied, including warranties of salability or fitness for any particular
purpose. InternetServicePros.com is not responsible for hardware or
software damage, loss of wages or data, or any other financial or personal
loss resulting
from the use of, or inability to use, the service. Any liabilities
are strictly limited to the amount of the fee(s) paid for services
rendered.
13. Customer is responsible for all actions taken or caused to be
taken in Customer's use of the service. As a condition of service,
Customer agrees to indemnify and hold harmless InternetServicePros.com's officers,
employees, agents, shareholders, and partners from any cause of action
originating from use of the service.
14. Due to the insecure nature of much of the global Internet, InternetServicePros.com
strongly suggests that credit card numbers or other personal information
never be sent through e-mail or any other Internet service, unless
proper encryption is used. Customer is fully liable and responsible
for the security and integrity of their own services, including Internet
servers. InternetServicePros.com will not be held liable for any security breaches
that may occur. Customer agrees to fully indemnify and hold harmless
InternetServicePros.com from any legal or financial claims that may result from a
breach in the security of Customer's services.
15. If any portion of this agreement is found to contradict federal,
state, or local laws, the remaining portions will remain in full force.
Any and all disputes regarding or resulting from this agreement will
be governed by the laws and courts of San Diego, California.
Additional terms and conditions may apply to some services; these
terms are specified within the service's listing in iBizConsole. If
you have any questions regarding our terms, conditions, and policies,
please call InternetServicePros.com at 619-223-4523, or
e-mail info@InternetServicePros.com.
ACCEPTABLE USE POLICY
This Acceptable Use Policy has been formulated with the following
goals in mind:
- Ensure the security, reliability and privacy of InternetServicePros.com's
network and systems, and the networks and systems of others.
- Preserve the value of the Internet as a resource for information
and free expression.
- Preserve the privacy and security of Internet users.
- Discourage irresponsible practices which degrade the usability
of network resources and thus the value of Internet services.
Avoid situations that may cause InternetServicePros.com to
incur legal liability.
- Maintain the image and reputation of InternetServicePros.com
as a responsible provider.
- This Acceptable Use Policy in no way supercedes or overrides
InternetServicePros.com's Terms of Service.
A. InternetServicePros.com operates under
a strict "No
Spam" policy.
The sending of any unsolicited e-mail advertising messages from, to,
or
through InternetServicePros.com's services may result in the
imposition of civil liability against the sender, in accordance with
California
Business & Professions
Code Section 17538.45. A copy of the California Business & Professions
Code may be obtained on-line from http://www.leginfo.ca.gov. "Unsolicited
bulk" messages include, but are not limited to, commercial advertising,
informational announcements, and political or religious tracts.
B. The following activities are expressly prohibited, and may result
in account suspension or termination:
1. Sending unsolicited bulk e-mail (UBE) which advertises a Web site,
e-mail account, or other service provided by or through InternetServicePros.com.
2. Making Usenet postings which advertise a Web site, e-mail account,
or other service provided by or through InternetServicePros.com, to any newsgroup
whose charter does not specifically allow such advertisements.
3. Sending UBE or posting advertisements to Usenet (except where specifically
allowed by newsgroup charters) from a service provided by or through
InternetServicePros.com.
4. Hosting "spam-friendly" Web sites, including
spam software sites.
5. Harrassment, whether through content, frequency, or size of e-mail
or Usenet messages.
6. Sending e-mail to any person who does not wish to receive it. If
a recipient asks to stop receiving email, the Customer must immediately
and permanently cease to send that individual any further e-mail.
7. Forwarding or otherwise propagating chain letters
or "e-mail
hoaxes," whether or not the recipient wishes to receive them,
unless such propagation is both solicited and in the clear context
of debunking or discrediting chain letters/hoaxes.
8. Transmitting any electronic communication, including e-mail, using
the name or address of another person or organization, for purposes
of deception.
9. Impersonating another individual by altering source IP address
information, or forging e-mail/Usenet headers or other identifying
information.
10. Any attempt to fraudulently conceal, forge, or otherwise falsify
one's identity in connection with use of the service.
11. Any use of another party's electronic mail server to relay e-mail
without express permission.
12. Collecting replies to messages sent from another Internet service
provider, where those messages violate this Acceptable Use Policy or
any applicable policies of the other provider.
13. Denial of Service, including, but not limited to, any form of
Internet packet flooding, packet corruption, or abusive attack intended
to impact the proper functioning of any party's Internet servers or
services.
14. Using InternetServicePros.com's network, services, or systems to store or send
content which is illegal according to the laws of United States of
America, the state of California, the city of San Diego, or any International
treaties respected by the United States of America, is not permitted
for any reason.
Storing or sending any material deemed either illegal or inappropriate
for our networks, including but not limited to child pornography, copyrighted
images, software, or music, and spam-related materials including mass
e-mail lists, is grounds for immediate termination of services. Note
also that child pornography includes related material, such as simulated
child pornography, non-nude child pornography, or sites linking to
such material, whether it is determined to be legal or not. Offenses
of this nature will be reported to the federal authorities and prosecuted
to the fullest extent of the law.
Specifically, InternetServicePros.com's policy extends
to prohibit:
- Material that exploits children under 18 years of age
- Material
containing nudity or pornographic material of any kind
- Offensive material, including but not limited
to profanity, bigotry, prejudice, racism,
hatred, etc.
- Promotion of
physical harm or injury against any group or individual
- Defamation
of any person or group
- Copyright and property
infringement, including but not limited to pirated computer
programs or links
to such programs, serial or registration numbers
for software programs
- Promotion or solicitation for participation
in multilevel marketing or pyramid schemes
- Data Mining for personal
identifiable information for unlawful and/or Spamming purposes.
15. Using or storing any type of software which is designed to or
is likely to abuse or negatively impact Internet service, including,
but not limited to, portscanners, hacking tools, ping flooding programs,
security/root exploits, packet sniffers, and spam software.
16. Modifying, changing, or obscuring the MAC (Media Access Control)
or IP (Internet Protocol) address(es) of servers or services. Doing
so may be considered cause for service suspension or termination.
17. Intercepting or attempting to intercept, through any method, network
traffic intended for other customers.
18. Running proxy servers, such as squid or BNC, unless they are available
only to users whose verified contact information is known by the proxy
operator and can be disclosed to InternetServicePros.com or law enforcement authorities
upon request. All usage of such services must be brought to the attention
of the InternetServicePros.com security team and cleared by the Security Manager before
you begin running such services.
19. Any previous or current behavior, such as the sending of unsolicited
e-mail, that results in the addition of InternetServicePros.com to any e-mail blackhole
lists, or otherwise negatively impacts the overall services of InternetServicePros.com,
is grounds for termination.
20. All e-mail lists operated by our customers, either advertising
resources on our networks or being sent through our networks, must
conform to the double opt-in standards. For more information regarding
double opt-in lists and standards, please click here.
These terms and conditions are current as of 05/01/2003.
If you have any questions regarding these terms,
please contact InternetServicePros.com by phone at ( 619) 223-4523.
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