TERMS AND CONDITIONS OF SERVICE
- Introduction This document is a
definition of the Terms and Conditions of services provided to a
subscriber by ASPI.NET and Destek Connect. The terms "Our", "We", "The
Company" will hereafter refer to Destek Connect and ASPI.Net. These Terms
and Conditions define the basic rules for use of the Company's systems and
services it provides. These Terms and Conditions may be changed at any
time by the Company with proper notice having been provided to the
subscriber either online or otherwise. If any change to these Terms and
Conditions is not acceptable the subscriber may terminate service as
described in "Termination/Suspension" below.
- Services Provided We. provides
access to the Internet along with other related services to its
subscribers. The Company does not and will not monitor information in
content, quality or accuracy which may be available on the Company's
systems or on the Internet in general.
- The Company does not restrict personal e-mail or newsgroup posting. However, spamming (the act of sending unsolicited e-mail/newsgroup) and bulk e-mail/newsgroup (sending/receiving a high volume of messages) are strictly prohibited. If a person is suspected of spamming or bulk e-mail/newsgroup, their account will be immediately deactivated. If it is confirmed that a party has violated the
The Company spamming policy we reserve the right to permanently terminate the account with no refund and issue a $50.00 fine per complaint received.
- The Company is not responsible for any material that is posted to a web page or that is available on the Internet. Certain Internet services may contain language or pictures which some individuals may find offensive, inflammatory, or of an Adult nature.
The Company does not endorse such materials and disclaims any and all liability for their contents.
- Lawful Use The Company's systems
may not be used in any manner that would violate or infringe upon any of
the following: federal or state laws, copyrights, trademarks, trade
secrets, right of publicity, right of privacy or any other right of any
person or entity. Our systems and services may not be used to transport or
store any material which is obscene, libelous or defamatory. Subscribers
must also comply with rules for other networks they may access through the
Company's systems or services.
- Account Misuse Accounts may not
be used in any way deemed by the company to be of an abusive or abnormal
nature. This includes, but is not limited to, use of the account by other
than the legitimate subscriber, excessive use as defined by the company to
be substantially beyond that which the average user uses. In cases where
it is deemed by the company that excessive use of the account has taken
place the company reserves the right to terminate or suspend an account
and bill subscriber appropriately as detailed in Section 7 below.
- Service Changes Provided services
may on occasion change. The Company reserves the right to modify any
service or provisions of such service without notice. Changes can include,
but are not limited to, access and use procedures, system hardware, system
software and price structure.
- Terms of Payment Subscribers are
required to pay fees as detailed in the Company's current rate schedule
for acquiring access to the Company's systems and services. A rate
schedule is effective immediately upon delivery online or otherwise to
subscribers. Monthly fees are are net 10 days. An account will become
delinquent if payment has not been received within 20 days of the billing
date. Delinquent accounts are subject to immediate termination and/or
suspension.
- Termination/Suspension The
Company or the subscriber may terminate an account at any time with or
without reason. All subscribers are required to submit a letter of
discontinuance 20 business days prior to formal termination. In addition,
the Company may suspend an account at any time with or without reason at
its sole discretion. In cases of Termination or Suspension any charges due
are still due and the subscriber will still be liable. The Company may
remove any and all information, including but not limited to, files and
data, from Our systems, and will not be responsible for preserving such
data for the subscriber. The subscriber shall make no rights or claims to
this information upon Termination or Suspension.
- Shareware/Freeware Software The
Company maintains a library of software as a subscriber service. This
software was not authored by the Company nor is the Company in any way
responsible for the sale, distribution or licensing of this software. The
Company makes no warranty of any kind (expressed or implied) with respect
to this "Shareware/Freeware" software. We will accept no liability of any
kind with respect to any and all damages the use of this software may
cause. The subscriber accepts all risks with respect to the use of this
software. The Company will NOT pay Shareware license fees; this is the
responsibility of subscriber. Subscriber will make no claim against the
Company with respect to any Shareware/Freeware obtained through the
Company.
- Warranty/Liability Use of Our
systems and services and the Internet in general is at the Subscriber's
own risk. No warranty or provision exists specifying that Our systems or
services or the Internet in general will be error free, uninterrupted or
that information obtained through the use of our systems or services or
the Internet in general will be without error. Our systems and services
are provided without warranty of any kind on an "As Is" and "As Available"
basis. Any implied warranty of merchantability, or fitness for a
particular purpose are disclaimed except in cases where they by law may
not be disclaimed. The subscriber is solely responsible for verifying that
the phone number they are calling the internet through ASPI.NET and Destek
Connect is a local access number to which their computer is dialing. Any
telephone charges associated with a Subscriber's access through our
Company are solely the Subscriber's responsibility. ASPI.NET and Destek
Connect does not reimburse or pay any telephone charges for any reason.
The Company in no case shall be liable for any damages (incidental,
indirect, special or consequential) including, and without limitation, the
loss or profits. Maximum liability to any subscriber by the company for
any loss, claim, damage or any other liability will be limited to an
amount equal to the fees the subscriber has paid to the Company for a
period of six months before the claim.
- Indemnity A subscriber agrees to
indemnify and hold without harm the Company, officers, employees, agents,
directors, shareholders and other subscribers from any and all claims,
damages, expenses (including attorney's fees) and liabilities resultant
from any and all use of the subscriber's account whether authorized or not
authorized.
- Account Transferability A
subscribers account may not be transferred without the consent of the
Company. The Company reserves the right to refuse transfer of an account
without reason. Subscriber must protect any passwords granted by the
Company to obtain access to the Company's systems and services from
unauthorized use and must keep such passwords secure.
- Information Confidentiality
Information transmitted through the Company's systems and through the
Internet in general is not confidential. Therefore, the Company can not
and will not guarantee privacy or guarantee protection of any subscriber.
We reserve the right to monitor any subscriber's transmissions when deemed
necessary for providing proper service and/or to protect the rights and
property of the Company. We will not disclose any information about any
subscriber unless required by court order, subpoena or other legal
request, or upon the advice of counsel.
- Interpretation The terms and
conditions detailed in this document will replace any and all other
written and verbal communication with regards to the topics discussed
herein. Any modification to the terms and conditions detailed in this
document will only be effective in writing and only if signed by an
officer of the Company. These terms and conditions are governed and
interpreted in accordance with the laws of the State of New Hampshire
without regard to the choice of law principles.
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