Terms of Service
BY USING THE SERVICES PROVIDED BY INTERACTIVE TECHNOLOGIES, LLC, THE SUBSCRIBER AGREES TO BE BOUND BY THESE TERMS OF SERVICE.
Interactive Technologies, LLC provides many services to its subscribers, including ftp access, World Wide Web page hosting, mail and mailing lists, ichat and webboard services. These Terms of Service set forth the basic rules which apply to Interactive Technologies' services and use of its system. BY USING INTERACTIVE TECHNOLOGIES' SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM INTERACTIVE TECHNOLOGIES FROM TIME TO TIME. If the Terms of Service, Interactive Technology's services, system or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Suspension & Cancellation". If subscriber does not request its service to be terminated, it will be conclusively presumed that subscriber consents to the changes in terms and conditions.
Interactive Technologies's general policy is to act as a neutral provider of access to the global Internet in all its diversity. Interactive Technologies does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. Subscriber understands that the internet contains unedited materials some of which are sexually explicit or may be offensive to some people. Subscriber accesses such materials at subscriber's own risk. Interactive Technologies has no control over and accepts no responsibility whatsoever for such materials.
Interactive Technologies does not warrant 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, worms, trojan horses or other harmful components.
Interactive Technologies reserves the right to change its rates by notifying subscribers 10 days in advance of the effective date of the change. If a subscriber does not request the service to be terminated, it will be conclusively presumed that the subscriber consents to the rates as changed.
Lawful Use of Service
Interactive Technologies' system and services may only be used for lawful purposes and in a manner in which Interactive Technologies believes, in its sole discretion, to be consistent with the rights of other Interactive Technologies subscribers and third parties. While Interactive Technologies is not responsible for the content of hosted web sites, content on all Interactive Technologies hosted web sites must comply with all federal, state and local laws and must not infringe the rights of any third party. Without limiting the foregoing, Interactive Technologies' services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use of and access to other networks through Interactive Technologies' system must comply with the rules for such other networks.
Interactive Technologies will determine, in its sole discretion, whether a subscriber has violated the foregoing and the action which will be taken, if any, in response to such a violation on a case-by-case basis. Interactive Technologies reserves the right to release the usernames of customers involved in violations of the foregoing to system administrators at other providers, to assist them in resolving disruptions and security incidents, and to law enforcement authorities investigating such activities. Subscriber agrees to reimburse Interactive Technologies for all costs and expenses, including attorneys fees and disbursements, personnel costs and processing costs, incurred by Interactive Technologies in connection with the foregoing.
Interactive Technologies RESERVES THE RIGHT TO SUSPEND OR CANCEL A CUSTOMER'S ACCESS TO ANY OR ALL SERVICES PROVIDED BY Interactive Technologies WHEN Interactive Technologies DECIDES, IN ITS SOLE DISCRETION, THAT THE ACCOUNT HAS BEEN INAPPROPRIATELY USED.
Interactive Technologies' services include access to discussion groups and chat groups on-line. Some of these discussion and chat groups contain language and/or images that are intended for adults only. Interactive Technologies is not responsible for the viewing of any adult materials by a minor.
Modifications to Service
The services provided by Interactive Technologies and Interactive Technologies' system are expected to change from time to time. Interactive Technologies reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
A subscriber must pay fees per Interactive Technologies' rate schedule in effect from time to time as a condition to obtaining access to Interactive Technologies' services and system. A subscriber must also pay all sales, use or similar taxes. Rate changes will be effective when published on-line or as may be otherwise indicated to subscribers. All Interactive Technologies service charges are due in advance of the service. Payments not received on the due date will be considered delinquent and will be subject to immediate suspension and/or late fees without notice.
A subscriber's account is billed based on its existence on our system. Accounts are not billed based on a subscriber's usage.
Subscribers agree to pay all costs of collection. If the payment method is by credit or debit card and payment is not received by Interactive Technologies from the card issuer or its agents, the subscriber agrees to pay all amounts due upon demand by Interactive Technologies plus a $5.00 service fee per declined transaction to help offset processing costs. If payment is by check and the check is returned unpaid, subscriber agrees to pay a returned check charge of $25.00, to help offset processing costs and expenses.
If a subscriberís account, except as set forth in the following paragraph (Refund Policy), is disconnected for any reason, there will be a $20.00 reconnection fee, and the subscriber may be required to pre-pay for 3 months services.
Interactive Technologies reserves the right to cancel any account at any time for non-payment.
If an account is cancelled within 14 days of the initial sign-up date, the subscriber will be entitled to a refund of some or all of the amount charged. Regardless of the method of payment, a subscriber will be entitled to a refund of the monthly amount less the sign up fee. If payment is by credit card, the refund will be credited to the subscriberís credit card. If payment is by check, the refund will be by check and will be issued 10 business days after receipt of the payment. If payment is by cash, the refund will be made by check or cash at least 1 business day after receipt of the cancellation notice.
At no time will the sign up fee be refunded. This is a service processing fee and is not refundable.
Suspension & Cancellation
Upon notification of a subscriber's intention to cancel service with Interactive Technologies, the subscriber's account will remain active on our system until the end of the subscriber's billing period. Cancellations can be accepted by electronic mail at email@example.com.
Accounts terminated for non-payment will be re-activated only upon the receipt of the full amount past due (including all termination, reconnection, and other applicable charges) and a written request to re-instate the account.
To re-activate a suspended account, a subscriber must call Interactive Technologies to make acceptable arrangements for payment. Interactive Technologies may take up to six days to re-activate any account that was terminated due to non-payment.
Interactive Technologies recognizes three areas of use: a Interactive Technologies subscriberís use of his or her own computer equipment; a Interactive Technologies subscriberís use of his or her Interactive Technologies account; and a subscriberís use of his or her privileges on Interactive Technologies computer equipment (mail server, web server, etc.)
The following guidelines apply to a subscriberís use of his or her Interactive Technologies account and Interactive Technologies computer equipment privileges:
Subscriber agrees that it is the subscriberís responsibility to maintain the confidentiality of the subscriberís password. This includes the responsibility to change their password on a regular basis.
Subscriber agrees to select a password that is non-trivial, and cannot be easily guessed based upon personal knowledge of the subscriber (i.e., the subscriberís name), and is not listed in a dictionary. Good passwords consist of 6 to 8 alphanumeric characters of mixed upper and lower case.
Subscriber agrees not to share the subscriberís password with any unauthorized person, and that sharing their password is equivalent to giving that person permission to use the subscriberís account.
Subscriber agrees to be responsible for the actions of anyone using subscriberís account with subscriberís permission, including the cost of any goods or services ordered.
Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. Thus, the privacy of e-mail cannot be and is not guaranteed. A subscriber seeking total privacy or transmitting sensitive information should use encryption. It is the subscriberís responsibility to obtain, learn and use encryption software if he or she plans to send e-mail or use Interactive Technologiesís servers to store or transmit sensitive information. Electronic messages may be intercepted lawfully or unlawfully outside of Interactive Technologies' system. Interactive Technologies cannot and does not guarantee that its system or stored data of a subscriber will be free from unauthorized intrusion.
Interactive Technologies respects the privacy of its subscribers. Interactive Technologies will not monitor, edit or disclose any personal information about a subscriber or a subscriberís Interactive Technologies account, including its contents, without the subscriberís prior permission unless Interactive Technologies has a good faith belief that such action is necessary to (1) comply with legal requirements including the Electronic Communications Privacy Act of 1986 (the "ECPA"); (2) protect or defend the rights or property of Interactive Technologies; (3) enforce these terms of service; or (4) protect the interests of its subscribers.
Interactive Technologies provides limited access to certain Interactive Technologies server computers. This benefit typically consists of email access, and to Interactive Technologies web customers, World Wide Web page hosting.Interactive Technologies reserves the right to remove files that exceed any agreed limits. Subscriber is responsible for preparing and keeping backups of subscriberís files stored on Interactive Technologies computers.
Interactive Technologies basic domain web sites are limited to 1000MB of transfer per month. Transfer refers to the amount of data a subscriberís web site sends to the browser. Excess transfer charges will be $7.00 per 100mb per month. Interactive Technologies reserves the right, in its sole discretion, to either remove a subscriberís web site and/or bill the subscriber for excess data transfer.
The use or attempted use of an Internet account or computer without the owner's authorization is prohibited. Such attempts include "social engineering", such as tricking other people into releasing their password, password cracking, security hole scanning and the like.
Any unauthorized use of accounts or computers by a Interactive Technologies subscriber, whether or not the attacked account or computer belongs to Interactive Technologies, will result in appropriate action against the attacker such as warnings, account suspension or cancellation, and/or legal action.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising.
Unsolicited commercial advertisements are not allowed in email, and could result in account suspension or cancellation. In addition, if a subscriber is found to have sent out unsolicited e-mail (also known as "spamming"), Interactive Technologies will charge the subscriber's account $1 for each such message sent to compensate Interactive Technologies for the use of Interactive Technologiesís system resources.
"Spamming" includes: sending a message to many different off-topic newsgroups;
sending a message, especially an advertisement, to more than five or six recipients, unless the individuals have specifically requested to be added to a mailing list on that topic; posting ten (10) or more messages similar in content to Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists; posting any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list; sending unsolicited Emailings to more than twenty-five (25) email users, if such unsolicited Emailings could reasonably be expected to provoke complaints; falsifying user information provided to other users of the service in connection with use of a Interactive Technologies service; and engaging in any of the foregoing activities by using the service of another provider, but channeling such activities through a Interactive Technologies retailer or otherwise through a Interactive Technologies service or using a Interactive Technologies account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another partyís service could reasonably be expected to adversely affect Interactive Technologies.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. Subscribers should check the newsgroup or mailing list's charter to determine whether advertising is allowed or not.
Nothing contained in these Terms of Service shall be construed to limit Interactive Technologiesís actions or remedies in any way with respect to any of the foregoing activities, and Interactive Technologies reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Interactive Technologies service, and levying cancellation charges to cover Interactive Technologiesís costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Interactive Technologies reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Subscribers may not use Interactive Technologies' network for illegal purposes, including unauthorized distribution of copyrighted material, exploitation of minors, and unauthorized use of computer resources.
Subscribers are prohibited from harassing or abusive use of email and other Internet services. Interactive Technologies, in its sole discretion, will determine if particular incidents constitute harassment or abuse.
Interactive Technologies provides web pages and virtual hosting for Web customers. In both cases the web pages reside on Interactive Technologies' computer equipment.
Interactive Technologies will handle potentially inappropriate web pages on a case-by-case basis. Examples of some inappropriate information include downloadable virus code and obscene material.
The resale of Interactive Technologies' or any other associated service by any means is strictly prohibited unless approved in advance in writing by Interactive Technologies.
As a courtesy to its subscribers, Interactive Technologies may from time to time accumulate a library of software which is "shareware" or "freeware". Interactive Technologies is not the author of or otherwise responsible for any of such software and is not engaged in the sale or licensing of such software. Subscriber acknowledges that the software provided by Interactive Technologies is not necessary to establish a connection to the Internet and is merely provided as a convenience for Interactive Technologiesís subscribers. Interactive Technologies MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE MADE AVAILABLE TO SUBSCRIBERS AND SHALL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE INCLUDING ANY DAMAGES RESULTING FROM THE USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK WITH RESPECT TO SUCHSOFTWARE. SUBSCRIBER MUST PAY ALL SHAREWARE LICENSE FEES.
Limitation of Liability
USE OF Interactive Technologies' SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT SUBSCRIBERíS SOLE RISK. Interactive Technologies DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT Interactive Technologies' SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES Interactive Technologies MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. Interactive Technologies' SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL Interactive Technologies BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, Interactive Technologies WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF Interactive Technologies' SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH Interactive Technologies' SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF Interactive Technologies TO ANY SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Interactive Technologies' NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER TO Interactive Technologies DURING THE ONE MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
The subscriber agrees to indemnify and hold harmless Interactive Technologies, its directors, officers, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's web site, use or conduct on the Internet, e-mail or any service provided by Interactive Technologies whether or not authorized.
Subscriber's account and right to use Interactive Technologies' services and system is not transferablewithout Interactive Technologies' consent.
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter herein. A waiver of these Terms of Service shall only be effective if in a writing signed by an authorized officer of Interactive Technologies. These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to choice or conflict of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought in the federal or state courts of the Commonwealth of Pennsylvania and the subscriber hereby consents to personal jurisdiction and venue therein. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
Interactive Technologiesís failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Interactive Technologies in writing.
The section titles in these Terms of Service are solely for the convenience of the parties and have no legal or contractual significance.Interactive Technologies reserves the right to change the Terms of Service or policies regarding the use of the services or system provided by Interactive Technologies at any time and to notify subscriber by posting an updated version of the Terms of service on the Interactive Technologies site.