Enduser
Terms of Service
Note: All users are bound by this terms of service.
Snow’s Computer
Services, Inc.. ("Snow’s Computer Services, Inc.") 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.
Snow’s Computer Services, Inc. exercises no control
whatsoever over the content of the information passing through Snow’s
Computer Services, Inc.'S system. Use of any information obtained via
Snow’s Computer Services, Inc. is at User's risk. Neither Snow’s
Computer Services, Inc. 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 Snow’s Computer Services,
Inc. 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 Snow’s Computer
Services, Inc., ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Snow’s Computer
Services, Inc. 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 Snow’s Computer Services,
Inc., 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 Snow’s Computer Services, Inc. IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Snow’s Computer
Services, Inc.'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 Snow’s
Computer Services, Inc. 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 Snow’s Computer Services, Inc., 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 Snow’s Computer Services, Inc.,
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 Snow’s Computer Services, Inc. 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 Snow’s Computer
Services, Inc. shall confer as to and agree on the legal counsel(s) to
be selected in any such defense.
Age Limit
User represents to Snow’s Computer Services, Inc. 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. Snow’s Computer
Services, Inc. has no control over and accepts no responsibility
whatsoever for such materials.
Prohibited Uses
User may not:
send unsolicated email, (known as 'spam') to anyone residing
on our servers or through our servers, or when dialed into the network.
The following types of email sent constitute as spam:
·
Forged email To/From address other than from the actual sender or
to the actual recipient.
·
Message subject not related to the email body.
·
Email not requested by the recipient.
·
emails sent in bulk by sender.
·
mail bombs.
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.
Snow’s Computer Services, Inc. has no obligation to monitor
the Service. However, User agrees that Snow’s Computer Services, Inc.
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. Snow’s Computer
Services, Inc. will not intentionally monitor or disclose any private
E-mail message unless required by law. Snow’s Computer Services, Inc.
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. Snow’s Computer Services, Inc. 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
Snow’s Computer Services, Inc. following payment of a reconnection
charge, to be determined by Snow’s Computer Services, Inc. in its sole
and absolute discretion.
Messaging
User agrees to limit their use of the Snow’s Computer
Services, Inc. service, specifically regarding the use of Snow’s
Computer Services, Inc.'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 Snow’s Computer
Services, Inc. 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.
Snow’s Computer Services, Inc. RESERVES THE RIGHT TO CHARGE USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Snow’s Computer
Services, Inc. SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Snow’s Computer Services,
Inc. SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Snow’s
Computer Services, Inc. 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 Snow’s Computer
Services, Inc. SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although Snow’s Computer Services, Inc. advertises
"Unlimited Bandwidth" in regards to some of its services there
are several limitations applied. The sole purpose of these limitations
are intended of unncessary use of Snow’s Computer Services, Inc.
services by any such User, which restricts system availability for other
such Users. These limitations apply only to Hosting offered by Snow’s
Computer Services, Inc..
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 Snow’s Computer Services, Inc. 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
Snow’s Computer Services, Inc. services by any such User, which
restricts overall Snow’s Computer Services, Inc. system availability
for other such Users. These limitations apply only to Dial-Up access
services offered by Snow’s Computer Services, Inc..
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 Snow’s Computer Services, Inc. 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 Snow’s
Computer Services, Inc. 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 Snow’s Computer Services, Inc.. Service is provided
as an unlimited service provided that you may not use the provided
connection as a dedicated connection.
ISDN Access Restrictions
User agrees that for all ISDN Accounts that they will be
limited to 300 channel hours of access per month. If the customer
exceeds the 300 channel hour limit, there account will be temporarily
disabled until the first of the next month.
UU.net Access Restrictions
User agrees that for all UUnet 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.
Qwest Access Restrictions
User agrees that for all Qwest locations, that they will be
limited to 200 hours of access per month. If a customer exceeds the 200
hour limit, there account will be temporarily disabled until the first
of the next month. The timezone used for determination of hours will be
EST time.
Terms of Payment
A credit card User agrees to allow "Your ISP" 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 Snow’s Computer Services, Inc. of any changes in credit card
number or expiration date. If the card is not honored for any reason,
Snow’s Computer Services, Inc. will attempt to notify the card holder
by using the telephone information given at sign-up or by E-mail.
Snow’s Computer Services, Inc. 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
$10.00.
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 Snow’s Computer Services, Inc. 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 $10.00 will be added to charges for additional Service.
Snow’s Computer Services, Inc. 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 Snow’s
Computer Services, Inc. utilizes an attorney to collect any unpaid
amounts, User shall be responsible for the payment of all of Snow’s
Computer Services, Inc.'S attorneys' fees and costs in the collection of
these sums.
Snow’s Computer Services, Inc. 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
Snow’s Computer Services, Inc. reserves the right to cancel
Service for any reason without prior notice. Pre-paid service is
non-refundable. Snow’s Computer Services, Inc. will not refund any
shipping or handling fees. Cancellations after the first of the month
will be charged for that month.
User must notify Snow’s Computer Services, Inc. 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 Snow’s Computer Services, Inc.
are non-refundable.
No Confidentiality
Information transmitted through Snow’s Computer Services,
Inc. and through the Internet in general is not confidential. Snow’s
Computer Services, Inc. can not and shall not guarantee privacy or
protection of any User. Snow’s Computer Services, Inc. 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
Snow’s Computer Services, Inc..
Customer Information
Unless required by court order, subpoena or other legal
request, or upon the advice of counsel, "Your Company Name"
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 "Your Company Name" to the contrary as
provided above, "Your Company Name" 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
Snow’s Computer Services, Inc. does not and will not
perform system backups on any User's E-mail account(s). Snow’s
Computer Services, Inc. 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, Snow’s Computer Services, Inc. will not
provide historical data, to any party for any reason, regarding any
system or Internet activity.
Snow’s Computer Services, Inc. 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, Snow’s Computer Services, Inc. will not
provide historical data, to any party for any reason, regarding any
system or Internet activity.
Failure to Comply With Terms and
Conditions
Snow’s Computer Services, Inc. may deny User access to all
or part of the Service without notice if User engages in any conduct or
activities that Snow’s Computer Services, Inc. in its sole discretion
believes violates any of the terms and conditions in this Agreement. If
Snow’s Computer Services, Inc. denies User access to the Service
because of such a violation, User shall not have the right (1) to access
through Snow’s Computer Services, Inc. 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 Snow’s Computer
Services, Inc., and Snow’s Computer Services, Inc. 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 Snow’s Computer Services, Inc.'s system for periods
exceeding (5) five hours, in any single continuous session. User
authorizes Snow’s Computer Services, Inc. to enforce these
restrictions by appropriate software and network measures, automated and
manual.
User agrees to notify Snow’s Computer Services, Inc. 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 Snow’s Computer Services, Inc..
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.
Snow’s Computer Services, Inc.'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.
Snow’s Computer Services, Inc. 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.
Snow’s Computer Services, Inc. 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 Snow’s Computer Services, Inc..
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 Snow’s Computer Services, Inc. as the
defendant, shall be proper only in a venue determined by Snow’s
Computer Services, Inc..
In any action between Snow’s Computer Services, Inc. and
User to enforce any of the terms of this Agreement, Snow’s Computer
Services, Inc. shall be entitled to recover expenses, including
reasonable attorney's fees.
This Agreement constitutes the entire agreement between User
and Snow’s Computer Services, Inc. with respect to the Service.