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TERMS AND CONDITIONS OF SERVICE

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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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