User Agreement/Terms of Service

Customer Use Agreement/Terms of Service

In consideration of the Internet access and services (the "Services") being provided to you, (the "Customer") by Dundee Internet Services, Inc., (the Company (as herein defined)), you agree to the terms and conditions of this Customer Use Agreement (the "Agreement"). If at any time you choose not to agree to all or any of the following terms and conditions, you must notify the Company immediately to cancel your account.

YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY THE COMPANY PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN ON UNKNOWN, AGAINST THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "COMPANY PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY THE COMPANY PARTIES AND/OR YOUR USE OF THE SERVICES. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE COMPANY PARTIES, INCLUDING ALL ATTORNEY'S FEES AND COSTS, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE COMPANY'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM
All provisions of the Company's Customer Use Agreement ("Agreement") apply to the Customer's Principal Account and Associate Accounts billed to the Principal Account.
The benefits or rights conferred by this Agreement are nontransferable. Use of the Company assets are expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.
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. The Company 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.
Customer 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, the Company reserves the right to cooperate with all or any law enforcement agencies.
Customer agrees to follow the Acceptable Use Policy of any network Customer connects to, including the Company's system. the Company's Acceptable Use Policy may be found at http://www.dundee.net/isp/policy.htm
If Customer 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 Customer's account(s).
Use of the Company's services for commercial use, including but not limited to, advertising or promotion of products or services without a Company commercial account is prohibited. Reselling of web space on the the Company Customer 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. the Company may also prosecute these violations under civil and criminal law.
Customer is responsible for all use of Customer's account(s) and confidentially of password(s). the Company will suspend access or change access to Customer's account(s) immediately upon notification by Customer that his/her password has been lost, stolen or otherwise compromised. the Company is not liable for any usage and or charges prior to the Company making the necessary account alteration.
The Company shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, the Company shall in no event be liable for any long distance charges billed to the customer.
Customer agrees to pay the Company all charges relating to the use of Customer'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.
Customer is responsible for charges at the time the service is used and the Company may apply the amount due to Customer's credit card at any time. If you dispute a valid credit card charge levied by the Company, your account with the Company will be disabled and you will be charged a $40.00 service fee.
The Company reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax the Company a written request to terminate services. Otherwise, the existing service will be billed at the new rate. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
The Company reserves the right to suspend access to service for Customer's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
The Company reserves to right to change without notice the the Company service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
The Company is not responsible for Customer's personal files residing on the Company's servers including but not limited to mail, personal file storage, or any other materials. Customer is responsible for independent backup of his/her data stored on the Company servers.
The Company reserves the right to delete Customer's personal files, including but not limited to mail, personal file storage, or any other materials, after one or both parties terminates this Agreement.
The Company reserves the right in its sole discretion to delete any information entered into the Company servers by Customer. The Company and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
Customer hereby agrees that any material submitted for publication on the Company through Customer'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 the Company servers.
The Company, at its sole business judgment, may terminate this membership Agreement immediately or suspend Customer's access to the service upon any breach of this membership Agreement by Customer, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of the Company that Customer may be performing activities harmful to the Company or its Customers, employees, vendors, business relationships or any other Customers of the Internet.
The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by the Company and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of network 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 the Company and using an account on the Company 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 the Company.

(e) Impersonating another Customer 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 the Company system's identification procedure or forging communications in any form.

(g) Use of IRC "bots" on the Company, whether on our IRC server or any other. Such software may not be stored on the Company servers.
Customers 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 the Company.
You understand that the services provided by the Company may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. 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 the Company. You understand that it may not be possible for you to receive advance notification of any such interruption of service. The Company shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.
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. You agree that the County of Monroe, in which the Company is located, shall be the forum for any legal action relating to the services provided.
The Company may modify these terms and conditions upon notice published Online via the Company. Use of the Company's services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use the Company's services, including but not limited to access to the Internet, and continues until service terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.
Non-enforcement of any section of this Agreement does not constitute consent and the Company reserves the right to enforce this Agreement at its sole discretion.
If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, Customer's and the Company's agreement on all other paragraphs shall remain valid.
The Company bills for most services in advance. Purchasers of the Company's services agree to be bound by the Uniform Consumer Credit Code of the State in which the Company resides. If your account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
Monthly Dues must be paid on a timely basis to maintain Customer'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 Termination fees will be accessed on accounts which receive discounts for pre-payment for fees, i.e., annual subscriptions
Customer 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.
The Company accepts checks under these conditions: When you pay by check you expressly authorize the Company, 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.
The Customer is in default of this Contract if: 1. Any Customer covered by this contract fails to obey any present or future the Company rule or regulation; or 2. We do not receive a payment on or before its due date; or 3. Any material statement by the Customer in this contract is false.
Failure to use this account(s) does not relieve the Customer of payment obligations, except as specifically provided in this contract.
In the event the Customer defaults on this contract, the Company may suspend or revoke the Customer's membership privileges and the Customer may have to reapply for membership at the price the Company is charging to new members. The Customer agrees to pay the Company' reasonable attorney's fees and court costs, where permitted, in collecting the amount remaining in the Customer's contract as stated in the sales order.
The Company may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
In addition to any price specified herein, Customer 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.
The Company reserves the right to terminate or change priority of any process started by said Customer.
The Company reserves the right to collect damages (software, hardware & man hours) if any harm is done to the Company which requires repair or reconfiguration of any kind.
The Company may offer a trial period during which the Customer may cancel membership without incurring any costs. It is the responsibility of the Customer to contact the Company to cancel during the trial period and receive verification that cancellation has occurred. Failure to use the account(s) does not constitute cancellation.
The Company may offer credits to Customers who refer additional Customers who sign up for and keep the Company accounts through at least one billing cycle, provided that the new Customers signing up mention at the time of signup the login name or accounting ID number of the Customer who referred them.
If you have not purchased dedicated services, you are not permitted to use your dial-up account to continually connect to the Internet for web/ftp/mail or other services. Unmetered accounts are not defined as dedicated accounts. the Company reserves the right to disconnect Customers who are idle or have been connected for an exorbitant amount of time (approximately in excess of 150 hours per month). Currently, Customers are disconnected after approximately 20 minutes of inactivity or after approximately 6 hours of continual use. These parameters may be changed at any time at the Company's discretion. The purchase of a dedicated line is available to any of the the Company's customers.
Customer understands and agrees that the Company may publish Customer's login name and Real Name in one or more directories which may be accessed by other Internet users.
Customer agrees to notify the Company if Customer moves or otherwise changes mailing address or telephone number.
Customer agrees to list a truthful name, postal address, and telephone number on the forms supplied to the Company.
Customer agrees if mail sent by the Company to Customer is returned as undeliverable or if the Company attempts to contact you by telephone and discovers that your telephone number is incorrect or disconnected, that the Company may, at its sole discretion, suspend service until Customer corrects the erroneous information with the Company's customer service department.
Electronic Communication Privacy Act of 1986 - NOTICE: We reserve the right to monitor any and all communications through or with the Company facilities. Customer agrees that the Company's 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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