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User Policies
By using our internet services, user agrees to follow
and be bound by the following terms of service. Should
you find these terms unacceptable, please contact us and
we will refund your payment for service.
Customer Communications
Users agree to provide Shareinet with at current email
address at all times. All communications with account
owners will be made via E-mail only.
If you utilize an email account other than the one
provided by share at the time you signed up for your
account you agree to notify Shareinet of such address.
Shareinet will only use this address to notify you of
important information concerning your account . To
avoid uninterrupted internet service, check your email
from Shareinet for important customer notices
frequently.
All billing notices are issued via E-mail.
Terms of Service
We agree to provide you with those
services set forth at the time of signup and you agree
to abide by the restrictions made below. In the event of
any violation of the below terms and conditions of using
our service, we reserve the right to suspend or
terminate your account immediately, without notice. If
you do not wish to be bound by the below terms and
conditions of using our service, then you may not access
the service.
Warranty Disclaimer
No warranty's are made regarding
the service. We do not guarantee that the service will
be uninterrupted or error free. We exercise no control
whatsoever over the content of information that is
passed through our system. The service is provided on an
"as is" basis.
Responsibility of Use
User shall assume all
responsibility for all content distributed, accessed, or
viewed while connected to our service. Under no
circumstance shall we be held liable for your actions
while you are using the service. In the event of a court
order, we may provide any and all information that they
request of us to them.
Limitation of Liability
Under no circumstances shall we,
our agents, our providers, or employees be liable for
any damages, which result in any way from user's use or
inability to use the service or any part thereof. This
includes all direct and indirect damages, special,
punitive or consequential damages that may result from
busy signals, errors, delays in the service, deletion of
files, viruses, theft, or alteration of a user's
computer. In the event that we are found liable under
any circumstance under the terms of this agreement, our
liability shall be limited to the unused balance of
user's subscription payment pro-rated to reflect the
current term.
Age Limit
User represents to us 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. We have no control over and accept no
responsibility whatsoever for such materials.
Restrictions of Use
User understands that the following restrictions are
applied to the service:
User May Not:
· Send SPAM, or bulk email when
dialed into the network.
· Post offensive, threatening, or
SPAM, when using the newsgroups.
· Use their personal FTP site for
business sites.
· Post or transmit viruses or any
harmful component to others.
· Transmit anything that is
protected by copyright without permission.
· Attempt to violate the security
of any computer network
·
Engage in any illegal activity.
Dialup Restrictions
User agrees to allow provider to
force a 10 minute idle timeout and 5 hour maximum
session on their dial-up account. Attempts to defeat the
idle timer using a ping bot or system tool, or the use
of a redialer to automatically reconnect once
disconnected is prohibited. Inactivity is defined as
less than 500 bytes of data transferred between User's
modem and the service.
User understands that some services may be offered as
limited. Once the user has reached their limit, they
shall not have access to the internet until the 1st of
the next month. User will not be given and may not
purchase more than one limited account in an attempt to
get unlimited access on a limited service.
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.
Email
Restrictions
· User agrees that Port 25 (SMTP)
is blocked for all outgoing mail servers except our own.
· User may not send to more than
25 recipients at a time.
· User may not send more than 100
emails per hour period.
· User may not send from an email
address that is not their own.
· User may not send an email that
is over 10 MB in size.
· User may not forge message
headers to hide the origin of their email.
· Provider may block certain
attachment types used in transmitting viruses.
· Email is kept on the server for
only 60 days.
Hosting 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. User may not purchase more than
1 hosting package and link them together in an attempt
to get around our bandwidth or website size
restrictions. We currently do not allow websites that
exceed 15 GB of bandwidth per month to host on our
servers. If the request is not met within 5 days, we do
reserve the right to remove the website from our system.
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.
We
reserve 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.
Service Cancellation
We
reserve the right to cancel Service for any reason
without prior notice. In the event that a user's service
is cancelled for a reason outside of this policy, we
will refund the user the unused portion of that month's
service at the time of cancellation.
Customers may cancel their account at any time by
written notice. We require your legal name, legal
address, username and password with your legal
signature. Account cancellations may be cancelled only
by the legal owner of the account. If the account is
paid in advance, the account will be cancelled as of the
last day of the month that the notice of cancellation is
received in our office and
any advanced payments will be refunded to the account owner.
System Backups
We do not and will not perform
system backups on any User's E-mail account(s). We 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, we will not provide
historical data, to any party for any reason, regarding
any system or Internet activity.
Although we do perform system
backups on hosting content, we 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. User should always keep their own
backup of their website. Except as otherwise set forth
herein, We will not provide historical data, to any
party for any reason, regarding any system or Internet
activity.
We do not perform backups on the
mysql databases. We shall not be held responsible for
any lost data. User should always keep their own backup
of their database content.
No Confidentiality
Information transmitted through us and through the
Internet in general is not confidential. We can not and
shall not guarantee privacy or protection of any User.
We reserve the right to monitor any User's transmissions
when deemed necessary for providing proper service
and/or to protect the rights and property of our
company.
Failure to Comply With Terms and
Conditions
We may deny User access to all or
part of the Service without notice if User engages in
any conduct or activities that we in our sole discretion
believes violates any of the terms and conditions in
this Agreement. If we deny User access to the Service
because of such a violation, User shall not have the
right (1) to access through us 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 us, and we 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
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.
Our 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.
We
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 Florida 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.
We
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 our reasonable control.
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 us as
the defendant, shall be proper only in a venue
determined by us.
In
any action between us and User to enforce any of the
terms of this Agreement, We shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between
User and us with respect to the Service.
Updated 1-6-05
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