1. Service. FEDERATED will provide to Client a personal, non‑transferable and non‑exclusive account enabling Client to access FEDERATED's Internet services via a high-speed connection, including email and World Wide Web browsing, subject to the terms and conditions of this Agreement. (the “Service"). Client acknowledges that from time to time the Service may be inaccessible or inoperable and that FEDERATED shall have no liability to Client as a result, irrespective of the cause, including, without limitation: (i) equipment malfunctions; or (ii) periodic maintenance procedures or repairs by the FEDERATED from time to time.
2. Client Responsibilities. Client shall be solely responsible for providing all computer hardware, software, telecommunications lines or connections or other equipment and services required to access and use the Service. Client is solely responsible for the security, confidentiality and integrity of all messages and content Client receives, transmits, or stores via the Service. Client is solely responsible for any authorized or unauthorized access to Client's account, for the confidentiality of Client's password, and all use or charges incurred from use of the Service with Client's password. Client will not disclose Client’s password to any other person and will promptly notify FEDERATED if the password is disclosed. Client shall abide by all applicable laws, rules, regulations, and other obligations relating to use of the Internet.
3. Payment. Client shall pay FEDERATED the initial and monthly fees and charges set forth on Application for the account level chosen by Client ("Fees") by the 10th day of each month. FEDERATED expressly reserves the right to change the Fees at any time, upon notice to Client. Service may be terminated by the FEDERATED without notice to Client if the Fees are not received when due. The Fees do not include any payment for computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service. Client shall pay all taxes, duties and levies of any governmental authority relating to the Service. Any amounts payable by Client that remain unpaid beyond the due date shall accrue interest at one and one-half percent (1½ %) per month. Client shall pay all costs of collection, including reasonable attorney's fees and costs.
4. Client's Representations. Client represents and warrants to FEDERATED that: (a) Client has the authority to enter into and perform this Agreement; (b) Client has provided and will continue to provide accurate and complete registration information to FEDERATED; and (c) Client is the authorized signatory of any credit or charge card provided to FEDERATED to pay the Fees.
5. Prohibited Uses. Client is solely responsible for any and all acts and omissions that occur under Client's account or password, and Client agrees not to use the Service to: (a) disseminate or transmit unsolicited messages, chain letters or commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, import, or permit downloading of any message and/or content in violation of any export and import law, regulation or restriction of the United States, or without all required approvals, licenses and/or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; or (g) disseminate or transmit viruses or any other malicious or destructive code or program. Client shall not resell or otherwise make the Service or components of the Service available for the use of others for a charge.
6. Indemnification. Client agrees to indemnify, hold harmless and defend FEDERATED, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) Client's breach of this Agreement; (b) Client's use of the Service, including any data or work transmitted or received by Client; and including, without limitation, any statement, data or content made or republished by Client in violation of Section 4; and (c) any action, cause, claim, damage, debt, demand, or liability asserted by any person using the Service provided by FEDERATED to Client hereunder.
7. Unlimited, Unscreened Access. Client acknowledges that the Service includes complete, uncensored access to material on the Internet created, maintained and disseminated by persons other than FEDERATED, portions of which may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, and with respect to which FEDERATED exerts no editorial control, screening or blocking measures. Client acknowledges that FEDERATED has no liability to Client or responsibility to control, screen, or block viruses or other malicious or destructive codes or programs arising on the Internet.
8. Termination/Suspension. Client may terminate this Agreement for any reason upon thirty (30) days notice to FEDERATED. FEDERATED reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend Client's access to or use of the Service; and (c) terminate this Agreement.
9. Disclaimer of Warranty. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT CLIENT'S SOLE RISK. FEDERATED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES FEDERATED MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. FEDERATED MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FEDERATED BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, CLIENT’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CLIENT TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
11. IN NO EVENT SHALL FEDERATED’S LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY EXCEED THE TOTAL FEES INCURRED BY CLIENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION.
12. IF CLIENT IS DISSATISFIED WITH THE SERVICE, CLIENT’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR CLIENT TO DISCONTINUE USE OF THE SERVICE AND/OR TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8.
13. Miscellaneous. FEDERATED shall have the right, at any time, to amend this Agreement, by delivering such amended terms to Client by email at the address provided to Client by FEDERATED. Client's use of the Service after such delivery shall constitute acceptance of the amended terms. No failure or delay in exercising or enforcing any right or remedy by FEDERATED shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. The terms and provisions of Sections 3, 4, 5, 6, 7, 9, and 10 shall survive any termination or expiration of this Agreement. All notices shall be in writing and shall be deemed delivered when sent by first‑class mail, facsimile or e‑mail to either party’s last known address. Client hereby consents to notice by email at the address provided to Client by FEDERATED. This Agreement constitutes the complete and exclusive agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous oral or written statements.
ACCEPTABLE INTERNET USAGE POLICY
1. OBJECTIVE
To establish guidelines, terms and conditions for acceptable usage of Internet services.
The Accountholder agrees to use Internet services for lawful purposes, in compliance with all applicable laws. The following use restrictions apply:
Content: The subscriber shall not upload to, distribute through, or otherwise publish to any chat area, bulletin board, or e-mail function any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, harassing, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Any violation of these restrictions will result in immediate disconnection from our services at our discretion.
Abusing other users: Subscribers shall not abuse other users. Such abuse consists of acts by a subscriber that threaten, harass, use abusive language or attempt to disrupt the peace and serenity of another Internet user. Examples of such abuse would be the use of vulgar language or the making of threatening or disparaging sexual comments in an Internet chat room.
Flooding of other users: Flooding is strictly prohibited. Flooding takes place in numerous ways, including but not limited to mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment or to individuals who have expressed a desire not to receive like messages), mass mailings to multiple addresses, as well as other, less common methods. “Mail-bombing” constitutes sending more than ten (10) similar messages to the same e-mail address and “news-bombing” is defined as sending more than 10 MB of data to one particular newsgroup.
Sessions: In an effort to control multiple logins and offer all our customers an equal chance to get on-line, subscribers are permitted only two active sessions running at a given time. If users require multiple sessions simultaneously, additional accounts must be obtained. Violators are subject to immediate termination without warning.
Account Sharing: Sharing of a subscriber’s account with another party for purposes of avoiding payment for a second account is strictly prohibited. Violators are subject to immediate termination without warning.
Security: Subscribers are responsible for maintaining their own firewall and the security of their account and password. A new password will be provided if the subscriber believes the security of their password is compromised. Staff may monitor the security of passwords at any time. A new password will be provided if the staff believes the security of a password is compromised.
Investigation: FEDERATED reserves the right to investigate suspected violation of these guidelines. When staff becomes aware of possible violations, an investigation may be initiated that may include gathering information from the subscriber or subscribers involved and the complaining party, if any, and examination of material on the Internet servers.
During an investigation, FEDERATED may suspend the account or accounts involved and/or remove the material involved from its servers. If the company believes a violation of these guidelines has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from the servers, warnings to the subscriber or subscribers responsible, and the suspension or termination of the account or accounts responsible. FEDERATED reserves the right to terminate a subscriber’s account with or without notice. The company, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these guidelines could also subject the subscriber to criminal or civil liability.
Cooperation: FEDERATED reserves the right to release the user names of accountholders involved in violation of system security to administrators at other sites, in order to assist them in resolving security incidents.
Law Enforcement: To comply with applicable statutes and lawful government requests, FEDERATED reserves the right to access and disclose any information. This may include disclosing the usernames of subscribers and other pertinent information. The Company will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserve the right to report to law enforcement when it becomes aware of any suspected illegal activity.
Misuse of Internet access will result in loss of the subscriber’s access rights through our Internet access.
“We provide Internet access “as is” and without warranties of any kind either express or implied. We do not warrant that service will be uninterrupted or error-free, that defects will be corrected, or that servers are free of viruses or other harmful code. We do not warrant or make any representations regarding the use of its server.
As our subscriber, you are entirely responsible for maintaining the confidentiality of your password. You are also responsible for any and all activities related to your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security that you know of. You agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse.
Under no circumstances, including, but not limited to negligence, shall we be liable for any or consequential damages that result from the use of, or the inability to use, our server or services, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
It shall be the responsibility of the Internet Manager to administer this policy as established by FEDERATED. It shall be the responsibility of the company to authorize the necessary revisions when appropriate.