Antden Member Agreement & Acceptable Use Policy
Antden Online
Services, LTD ("Company") is an Internet access and Internet related service
company. This member agreement ("Agreement") constitutes the entire agreement
between you ("you" or "Member") as an authorized user of Company and Company. By
using Company, you confirm your acceptance of, and agree to be bound by, this
Agreement.
The Agreement has been formulated with the
following goals in mind:
- Ensure security, reliability and privacy of Company
systems and network, and the networks and systems of others
- Avoid situations that may cause Company to incur civil
liability
- Maintain the image and reputation of Company as a
responsible provider
- Preserve the value of Internet resources as a conduit
for free expression
- Encourage the responsible use of Internet resources,
discouraging practices which degrade the usability of network resources and
thus the value of Internet services
- Preserve the privacy and security of individual users
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1. Company Usage.
1.1 You may send and receive electronic mail
("Email"), engage in conferences and chats, download and upload files and
otherwise use Company as permitted by this Agreement, Company’s policies and
applicable law. Company policies relating to online conduct, storage and
deletion of Email and uploaded files, conferences, and other matters are
available online. Company reserves the right in its sole discretion to
change Companies policies at any time.
1.2 You are responsible for your
communications via Company. You may not, under any circumstances, do any of
the following: (a) publish, post, distribute or disseminate defamatory,
infringing, obscene or other unlawful material or information via Company;
(b) use Company to threaten, harass, stalk, abuse, or otherwise violate the
legal rights (including rights of privacy and publicity) of others; (c)
intercept or attempt to intercept Email; (d) upload files that contain
software or other material protected by intellectual property laws (or by
rights of privacy or publicity) unless you own or control the rights thereto
or have received all necessary consents; (e) upload files that contain a
virus or corrupted data; (f) use Company in a manner that adversely affects
the availability of its resources to other Members; (g) send Email to
Members or the Internet community for any purpose other than personal
communication, including to advertise or offer to sell goods or services to
other Members (except as otherwise expressly permitted by Company); (h) act,
or fail to act, in your use of Company, in a manner that is contrary to
applicable law or regulation. Your failure to observe any of the foregoing
limitations may result in civil or criminal liability, as well as
termination of your membership.
1.3 You agree to (a) maintain all equipment
required for your access to and use of Company; (b) maintain the security of
your Member identification, password and other confidential information
relating to your Company account; and (c) be responsible for all charges
resulting from use of your Company account, including unauthorized use prior
to your notifying Company of such use and taking steps to prevent its
further occurrence by changing your password. Information on how to protect
the security of your Company account (including changing your password) is
available.
1.4 Either you or Company may terminate your
Company membership at any time, with or without cause, upon notice. Company
also reserves the right to terminate or suspend your Company membership
without prior notice, but Company will confirm such termination or
suspension by subsequent notice.
1.5 System abuse is strictly prohibited.
Company may terminate or modify service immediately and may bill for any
resulting support charges if the client engages in system abuse. Following
is a list of actions which are defined to be system abuse. This list is
non-exclusive; any action about which there is any doubt should be referred
to Company for evaluation.
Actions which constitute system abuse
include, but are not limited to:
Attempting to circumvent user
authentication or security of any host, network, or account on Company
systems or the Internet at large ("cracking");
- Attempting, in any way, to interfere with
or deny service to any user or any host on the Internet;
- Forging email or USENET posting header
information;
- Sending large numbers of unsolicited mail
messages (i.e. "junk mail"); this includes adding or attempting to add
addresses to any mailing list without explicit positive consent of the
addressee.
- Forwarding or posting "chain letters"
(multiple forwarding) of any type;
- Posting inappropriate messages to USENET
newsgroups e.g., posting large numbers of unsolicited posts
indiscriminately ("spamming"), or posting encoded binary files to USENET
newsgroups not specifically named for that purpose;
- Running or attempting to run applications
capable of port scanning, network ping sweeps, ICMP queries, operating
system detection, automated discovery tools, automated scripts or bots,
denial-of-service attacks, smurf attacks, SYN flooding, Web pilfering, or
applications that try and obtain information not readily available or is
public knowledge;
- Attempting to cancel, supersede, or
otherwise interfere with email or USENET posts other than one's own;
- Engaging in harassment, whether through
language, frequency, or size of messages;
- Using an account at another provider to
promote Company’s Website in an abusive manner;
- Using a Company account or network
connection to collect replies to messages sent from another provider which
violate these rules or those of that provider;
- Reselling Company services to third
parties.
2. Operation. Company reserves complete and
sole discretion with respect to the operation of Company. Company may, among
other things: (a) delete Email if it has not been accessed by a Member within
sixty (60) days; (b) subject to Section 1, make available to third parties
information relating to Company and Members; and (c) withdraw, suspend or
discontinue any functionality or feature of Company. Company will not review
or monitor the contents of Email except as required or allowed by applicable
law or legal process.
3. Member Representations. You represent and
warrant that you are at least 18 years of age and that you possess the legal
right and ability to enter into this Agreement and to use Company in
accordance with this Agreement. You agree to be financially responsible for
your use of Company (as well as for use of your account by others, including
minors living with you) and to comply with your responsibilities and
obligations as stated in this Agreement.
4. Content. Company does not endorse or stand
behind the accuracy, truthfulness or reliability of any information (including
statements of opinion or advice) provided on or by means of Company, other
than information provided by authorized Company spokespersons. Statements made
in forums, e-mail and discussion groups reflect only the views of their
authors. Neither forum managers nor Content Service Provider are authorized
Company spokespersons, and their views do not necessarily reflect those of
Company. Advice received via Company should not be relied upon for important
personal or financial decisions and you should consult an appropriate
professional for specific advice tailored to your situation. Software or
content (email, etc.) obtained from the use of Company Services may contain
viruses or other harmful features, and Member is solely responsible for
protecting its equipment and software from such matters. Through the use of
the Service, Member may obtain or discover content which is offensive or
illegal and Member assumes the risk and is solely responsible for its access
to such content.
5. Ownership. All programs, services,
processes, designs, software, technologies, trademarks, trade names,
inventions and materials comprising Company, are wholly owned by Company.
Company has a compilation copyright in Company but does not possess, claim
ownership of or exert control over individual uploaded files, Web pages or
Personal Web pages or the intellectual property contained therein.
6. Customer Premises Equipment. All equipment
supplied and installed by Company at Member’s premises, except for any
equipment purchased and paid for in full by Member, will remain the property
of Company or its assigned agents. Member shall not alter, modify or tamper
with the equipment nor will Member relocate the equipment. Member may not
mortgage, sell, transfer, lease, encumber or assign all or part of the
equipment to any third party. Member shall pay for the full retail cost of the
repair or replacement of any lost, stolen, un-returned, damaged, mortgaged,
sold, transferred, leased, encumbered or assigned equipment or part hereof,
together with any costs incurred by Company in obtaining or attempting to
obtain possession of any such equipment.
7. No Warranties and Limitation of Liability.
7.1 Company and all Company software and
services are provided “As Is," and Company makes no express or implied
representations or warranties to you regarding the usability, condition or
operation thereof. Company makes no representations or warranties regarding
goods or services provided by Internet sites not in the direct or indirect
control of Company. Company does not warrant that access to or use of
Company will be uninterrupted or error-free, or that Company or Company
software or services will meet any particular criteria of performance or
quality. Company expressly disclaims all implied warranties, including
without limitation, warranties of merchantability, title, and fitness for a
particular purpose, non-infringement, compatibility, security or accuracy.
7.2 Your use of Company and all Company
software and services is at your own risk. You assume full responsibility
and risk of loss resulting from your downloading and/or use of files or
other material (including Company software) obtained through Company. You
agree that Company, and providers of telecommunications and network services
for Company, will not be liable for damages (including consequential or
special damages) rising out of your use of or inability to use Company or
any Company software or services, and you hereby waive any claims with
respect thereto, whether based on contractual, tort or other grounds, even
if Company has been advised of the possibility of damages. Company’s
liability to you for breach of this Agreement is limited to the amount
actually paid by you for access to and use of Company. You hereby release
Company from any and all obligations, liabilities and claims in excess of
this limitation.
7.3 The installation, use, inspection,
maintenance, repair and removal of equipment by Company may result in
service outages or potential damage to Member’s computer. Member therefore
agrees to back-up all existing computer files by copying them to another
storage medium prior to installation of the equipment. Company shall have no
liability whatsoever for any damage to or loss or destruction of any of
Member’s equipment, software, files, data, or peripherals.
8. Acceptable Use. Member acknowledges that the
Wireless Internet Service is to be used only for client-side access to the
Internet. Client-side access is defined as all traffic initiated from the
Member’s computer. For example, client side access does not permit the use of
Company for serving content through, but not limited to, FTP, HTTP, SMTP,
POP3, Game Servers, Audio files, Video files or any service which requires
service initiation from outside the Member’s computer or network.
9. Charges
9.1 Company will not provide you with a
statement of charges on your credit card account when such charges are
incurred and/or paid. Unless you notify Company of any discrepancies or
irregularities within forty-five (45) days after they first appear in your
account statement, they will be deemed accepted by you for all purposes,
including resolution of inquiries made by your card issuer. You release
Company from all liability and claim of loss resulting from any error
discrepancy that is not reported to Company within forty-five (45) days of
its publication date.
9.2 Company reserves the right to suspend
or terminate your Company membership without notice upon rejection of any
card charges or if your card issuer (or its agent or affiliate) seeks
return of payments previously made to Company when Company believes you
are liable for the charge. If you are paying by invoice, Company reserves
the right to suspend or terminate your membership without notice upon
payment being returned because of insufficient funds. Such rights are in
addition to and not in lieu of any other legal rights or remedies
available to Company.
9.3 You agree to pay a late charge on all
amounts due but not timely paid and which remain unpaid for fifteen (15)
days after due date. The late charge will equal $5.00 per overdue invoice
until paid. Company reserves the right to refer your account to a third
party for collection in the event of ongoing default.
9.4 Your Company membership fee is payable
in advance and is non-refundable. You agree that Company may submit
charges for your membership fee each month without further authorization
from you, until you provide prior notice that you have terminated this
authorization or wish to change your designated card. Such notice will not
affect charges submitted before Company reasonably could act on your
notice.
9.5 You must promptly notify Company of
changes to: (a) the account number or expiration date of your designated
card; and (b) if invoiced, your billing address. You must also promptly
notify Company if your card is canceled (e.g., for loss or theft) or if
you become aware of a potential breach of security, such as the
unauthorized disclosure or use of your Member identification or password.
9.6 If you are paying membership fee with
invoice or statement, your membership fee is payable in advance and is
non-refundable. Invoices are sent on or about the anniversary date of your
account. The anniversary date is the date at which your account became
active or installed. Accounts with membership fees sixty (60) days overdue
will be terminated and a $25.00 fee will be applied to restore service.
10. Assignment; Household Use; Minors. Your
Company membership is personal. Subject only to this Section 10, you agree not
to assign, transfer or sublicense your rights as a Member. You may allow other
members of your household or business to use your Company account, provided
that you hereby agree to pay all charges that they incur and to be responsible
for all other aspects of their usage. You acknowledge that you are aware that
some areas of the Internet may contain material that is unsuitable for minors,
and you agree to supervise usage by minors whom you permit to use your Company
account.
11. Effective date; termination; changes to
terms.
11.1 This Agreement shall remain in effect
throughout the term (the “Term”) specified by Member at signup. Unless
terminated in writing thirty (30) days or more prior to the end of the Term,
this Agreement will automatically renew for a subsequent Term of one year.
After the expiration of the subsequent term, the Agreement will continue on
a month-to-month basis. If the Member terminates the Agreement during the
Term, the Member will be liable for a termination fee. If the member cancels
within the first 3rd of the Term of the Agreement the termination fee will
be the monthly rate times the number of months remaining on the contract
times 80%. If the member cancels within the second 3rd of the Term of the
Agreement the termination fee will be the monthly rate times the number of
months remaining on the contract times 60%. If the member cancels within the
last 3rd of the Term of the Agreement the termination fee will be the
monthly rate times the number of months remaining on the contract times 40%.
11.2 Your account with Company is valid until
canceled by you in a written confirmation, through a telephone confirmation
with a Company representative or other means provided by Company. Company
will not accept account cancellations by e-mail.
11.3 Termination of service does not
constitute relief from amounts owed prior to termination. Company reserves
the right to terminate or suspend your Company membership without prior
notice.
11.4 Company reserves the right to change
this Agreement at any time by posting changes online. You are responsible
for reviewing regular information posted online to obtain timely notice of
such changes. Your non-termination or continued use of Company after changes
are posted constitutes your acceptance of this Agreement as modified by the
posted changes.
12. General
12.1 This Agreement is governed by the laws
of the State of Texas, USA, and you consent to the exclusive jurisdiction
and venue of courts in Hansford County, Texas in all disputes arising out of
or relating to your use of Company or your Company membership.
12.2 You acknowledge that no joint venture,
partnership, employment, or agency relationship exists between you and
Company, as a result of your use of Company or your Company membership. You
agree not to hold yourself out as a representative, agent or employee of
Company, and that Company will not be liable by reason of any
representation, act or omission to act by you.
12.3 Company’s performance under this
Agreement is subject at all times to existing laws and legal process and
nothing contained in this Agreement is in derogation of Company’s right to
comply with law enforcement requests or requirements relating to a Member’s
use of Company or information provided to or gathered by Company with
respect to such use.
12.4 This Agreement constitutes the entire
agreement between Company and you with respect to your use of Company and
your Company membership. This Agreement supersedes all prior or
contemporaneous communications and proposals, whether oral or written,
between Company and you with respect thereto.
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