StarNetDial Inc. / Terms of Service Agreement

StarNetDial ("StarNetDial") agrees to provide you ("User") with Internet services ("Service") subject to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
StarNetDial exercises no control whatsoever over the content of the information passing through StarNetDial'S system. Use of any information obtained via StarNetDial is at User's risk. Neither StarNetDial nor any of its affiliates, its licensers, its contractors, its vendors or their respective employees warrant that the Service will be uninterrupted or error free; nor does StarNetDial make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY StarNetDial, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS, ITS VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER StarNetDial NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS, ITS VENDORS OR THEIR RESPECTIVE EMPLOYEES OR OFFICERS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHERMATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL StarNetDial, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS, ITS VENDORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS , DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT StarNetDial IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, StarNetDial'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of StarNetDial in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold StarNetDial, its affiliates, its licensers, its contractors, its vendors or their respective employees and officers harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by StarNetDial, its licensers, its affiliates, its contractors, its vendors or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify StarNetDial in writing of any claim of which it is obligated under this indemnity.
User shall have the right to assume the defense of any such claim. User and StarNetDial shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Third Party Beneficiary
StarNetDial's vendor, StarNet, Inc., is an intended third party beneficiary of this Terms of Service Agreement, and End User acknowledges and agrees that StarNet, Inc. possesses all rights allowed to it as a third party beneficiary under this Terms of Service Agreement and the law.

Age Limit
User represents to StarNetDial he/she (or any user of USER'S subscription) is/are 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. StarNetDial has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses
User may not:
  • restrict or inhibit any other user from using and enjoying the Internet;
  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
  • post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
  • post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
  • upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
  • upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
  • send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
  • allow users to run Maillist, Listserv or any form of auto-responds from User's account;
  • run or activate processes while User is not logged in;
  • run or operate like services via connections into or received from StarNetDial;
  • violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
  • attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
  • violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

StarNetDial has no obligation to monitor the Service. However, User agrees that StarNetDial and its vendor has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. StarNetDial will not intentionally monitor or disclose any private E-mail message unless required by law. StarNetDial and its vendor reserves 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.
StarNetDial and its vendor reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of StarNetDial following payment of a reconnection charge, to be determined by StarNetDial in its sole and absolute discretion.

Messaging
User agrees to limit their use of the StarNetDial service, specifically regarding the use of StarNetDial's electronic (email) services, to the following restrictions:
  • Mass Mailing: User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit.
  • Unauthorized Use of Relay Servers: User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
  • Fraudulent Addressing: User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the StarNetDial service.
  • Fraudulent Content: User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION of ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. StarNetDial RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF StarNetDial SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR StarNetDial SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, StarNetDial RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF StarNetDial SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Limitation of Dial-Up Services
Although StarNetDial advertises unlimited hours in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of StarNetDial services by any such User, which restricts overall StarNetDial system availability for other such Users. These limitations apply only to Dial-Up access services offered by StarNetDial.
  • Idle Timeout: User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the StarNetDial service.
  • Maximum Single Session: User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.
  • Minimum Re-Connect Limit: User understands they cannot log back onto the StarNetDial system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.
  • Multiple, Concurrent Online Sessions: User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Terms of Payment
All Payment is due prior to the rendering of any Service. Dishonored checks are subject to a collection fee to be determined by StarNetDial in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received within ten (10) days of the due date, service will be terminated and a setup fee of $250.00 will be added to charges for additional Service.

StarNetDial maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event StarNetDial utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of StarNetDial'S attorneys' fees and costs in the collection of these sums.

StarNetDial reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

User agrees to notify StarNetDial of cancellation in writing a minimum of ten (10) days prior to the next bill date. Cancel requests made within ten (10) days of the next bill date are still subject to full billing for the next billing cycle.

StarNetDial does not offer refunds, prorated or otherwise, for account cancellations on monthly billed accounts. The account will be marked for termination, and will remain active until the end of the paid billing cycle, subject to the terms and conditions of this TOS. StarNetDial will refund account cancellations billed on Quarterly, Semi-Yearly, and Yearly plans. Refunds will be prorated at the full monthly billed rate for time used up to the cancellation date. Unless requested otherwise, Quarterly, Semi-Yearly, and Yearly billed accounts will be terminated immediately upon receipt of the cancel request.

No Confidentiality
Information transmitted through StarNetDial and through the Internet in general is not confidential. StarNetDial can not and shall not guarantee privacy or protection of any User. StarNetDial reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of StarNetDial or any of it's Vendors.

Non-transferable
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. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup
StarNetDial does not and will not perform system backups on any User's E-mail account(s). StarNetDial and its vendor 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, StarNetDial will not provide historical data, to any party for any reason, regarding any system or Internet activity.

StarNetDial does not and will not perform system backups on any User's personal web site account(s). StarNetDial and its vendor shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, StarNetDial will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions
StarNetDial may deny User access to all or part of the Service without notice if User engages in any conduct or activities that StarNetDial in its sole discretion believes violates any of the terms and conditions in this Agreement. If StarNetDial denies User access to the Service because of such a violation, User shall have no right (1) to access through StarNetDial 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 StarNetDial, and StarNetDial 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
User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to StarNetDial's system for periods exceeding (8) eight hours, in any single continuous session. User authorizes StarNetDial to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify StarNetDial if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to StarNetDial.
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.
StarNetDial'S 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.
StarNetDial may modify this Agreement from time to time by placing a notice of such modification at http://www.StarNetDial.net/tos.html, 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 and notify StarNetDial in writing of Users intention to discontinue service. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois 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.
StarNetDial 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 the reasonable control of StarNetDial.
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 StarNetDial as the defendant, shall be proper only in a venue determined by StarNetDial at its sole discretion.
In any action between StarNetDial and User to enforce any of the terms of this Agreement, StarNetDial shall be entitled to recover expenses, including reasonable attorney's fees.
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