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User Agreement/Terms of Service

This is a contract. It spells out terms and conditions of access to Dundee Internet Services, Inc. (DISI), telnet, wireless, or dial-up services. DISI agrees to provide and User agrees to receive access to the DISI Internet telnet, wireless or dial-up service according to the following terms and conditions:

  1. All provisions of DISI's Service Agreement ("Agreement") apply to the User's Principal Account and Associate Accounts billed to the Principal Account.
  2. The benefits or rights conferred by this agreement are nontransferable. Use of DISI accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
  3. Dial-up accounts are single session accounts and as such are restricted to a single interactive connection at any given time. Consuming more than one modem or ISDN line is explicitly prohibited. Operating a web, ftp, or mail server on an interactive dial-up account or wireless account is also explicitly prohibited.  Violations of this provision will be dealt with as theft of service and will result in backbilling to the inception of your subscription. DISI may also prosecute these violations under civil and criminal law. This paragraph does not apply to Dual Channel ISDN and Multilink-PPP accounts or to any dedicated circuit accounts.
  4. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, DISI reserves the right to cooperate with all or any law enforcement agencies.
  5. User agrees to follow the Acceptable Use Policy of any network user connects to, including DISI's system. DISI's Acceptable Use Policy may be found at http://www.dundee.net/isp/policy.html
  6. If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User's account(s).
  7. Use of DISI for commercial use, including but not limited to, advertising or promotion of products or services without a DISI commercial account is prohibited. Reselling of web space on the DISI user server is prohibited.  Violations of this provision will be dealt with as theft of service and will result in backbilling to the inception of your subscription. DISI may also prosecute these violations under civil and criminal law.
  8. User is responsible for all use of User's account(s) and confidentially of password(s). DISI will suspend access or change access to User's account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised. DISI is not liable for any usage and or charges prior to DISI making the necessary account alteration.
  9. User is responsible for all local and long-distance telephone charges for connecting to DISI. User is also responsible for charges incurred by User's paging company when used in conjunction with DISI.
  10. User agrees to pay DISI all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE and EARLY TERMINATION FEES for certain account types and services.
  11. User is responsible for charges at the time the service is used and DISI may apply the amount due to User's credit card at any time.
  12. DISI reserves the right to change prices on 30 days notice published Online.
  13. DISI reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
  14. The DISI service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to DISI or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by DISI or its providers.
  15. Neither DISI nor its Information Providers are responsible for any damages arising from User's use of DISI or by User's inability to use DISI service.
  16. DISI reserves to right to change without notice the DISI service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
  17. DISI is not responsible for User's personal files residing on DISI server including but not limited to mail, personal file storage, or any other materials. User is responsible for independent backup of his/her data stored on DISI.
  18. DISI reserves the right to delete User's personal files, including but not limited to mail, personal file storage, or any other materials, after one or both parties terminates this agreement.
  19. DISI reserves the right in its sole discretion to delete any information entered into DISI by User. DISI and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
  20. User hereby agrees that any material submitted for publication on DISI through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on DISI.
  21. DISI, at its sole business judgment, may terminate this membership Agreement immediately or suspend User's access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of DISI that User may be performing activities harmful to DISI or its Users, employees, vendors, business relationships or any other users of the Internet.
  22. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by DISI and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.

    (a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

    (b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.

    (c) Engaging in either (a) or (b) from a provider other than DISI and using an account on DISI as a mail drop for responses.

    (d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by DISI.

    (e) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

    (f) Obstructing the DISI system's identification procedure or forging communications in any form.

    (g) Use of IRC "bots" on DISI, whether on our IRC server or any other. Such software may not be stored on DISI.

  23. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by DISI.
  24. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Michigan.
  25. DISI may modify these terms and conditions upon notice published Online via DISI. User's use of DISI services after such notice shall constitute User's acceptance of the modifications to this Agreement.
  26. Non-enforcement of any section of this Agreement does not constitute consent and DISI reserves the right to enforce this Agreement at its sole discretion.
  27. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User's and DISI's agreement on all other paragraphs shall remain valid.
  28. Monthly Dues must be paid on a timely basis to maintain User's membership privileges. Monthly dues charges will continue regardless of your use unless and until you notify us, in writing, that you wish to cancel your membership, which you may do at any time, unless bound by a specific term or agreement. Accounts paid after the due date may be assessed a 28% late payment charge. Early Terminination fees will be accessed on accounts which receive discounts for pre-payment for fees, i.e., annual subscriptions
  29. User agrees that detailed billing is not normally provided for overtime or disk consumption charges and that requests for such detailed billing may incur a reasonable processing fee.
  30. DISI accepts checks under these conditions:  When you pay by check you expressly authorize DISI, if your check is dishonored or returned for any reason, to electronically debit your account for the amount of the check plus a processing fee of $25 (or legal limit) plus any applicable sales tax.  The use of a check for payment is your acknowledgement and acceptance of this policy and its terms.
  31. The User is in default of this Contract if: 1. Any User covered by this contract fails to obey any present or future DISI rule or regulation; or 2. We do not receive a payment on or before its due date; or 3. Any material statement by the User in this contract is false.
  32. Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
  33. In the event the User defaults on this contract, DISI may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price DISI is charging to new members. The User agrees to pay DISI' reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the User's contract as stated in the sales order.
  34. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of DISI.
  35. DISI may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
  36. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.
  37. DISI reserves the right to terminate or change priority of any process started by said user.
  38. DISI reserves the right to collect damages (software, hardware & man hours) if any harm is done to DISI which requires repair or reconfiguration of any kind.
  39. DISI may offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact DISI to cancel during the trial period and receive verification that cancellation has occurred. Failure to use the account(s) does not constitute cancellation.
  40. DISI may offer credits to users who refer additional users who sign up for and keep DISI accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or accounting ID number of the user who referred them.
  41. DISI unmetered interactive usage dialup connections are not intended to be full-time dedicated connections and will be disconnected after 20 minutes of inactivity. User specifically agrees not to attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of your connection, including the use of "pingbots", ICQ, Dunce, and other automatic method to avoid disconnection; to keep the connection active only when the User is actively using it by personally manipulating the mouse, keyboard or other human interface device; and not to provide any information services (http, ftp, smtp, etc) over the connection. DISI reserves the right to change an account from a dial-up rate to a dedicated circuit rate on accounts it deems to be in habitually in violation of these conditions.
  42. User understands and agrees that DISI may publish User's login name and Real Name in one or more directories which may be accessed by other Internet users.
  43. User agrees to notify DISI if User moves or otherwise changes mailing address or telephone number. 
  44. User agrees to list a truthful name, postal address, and telephone number on the forms supplied to DISI. 
  45. User agrees if mail sent by DISI to User is returned as undeliverable or if DISI attempts to contact you by telephone and discovers that your telephone number is incorrect or disconnected, that DISI may, at its sole discretion, suspend service until User corrects the erroneous information with DISI's customer service department.
  46. Electronic Communication Privacy Act of 1986 - NOTICE: We reserve the right to monitor any and all communications through or with DISI facilities. User agrees that Dundee Internet Service facilities are NOT to be considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.
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Last modified: September 09, 2010
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