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Gilbert Enterprises. ("GeiNet") agrees to provide
you ("User") with those services ("Service") set
forth on the Application 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. GeiNet exercises no control whatsoever over the content of
the information passing through GeiNet’s system. Use of any
information obtained via GeiNet is at User's risk. Neither GeiNet nor
any of its affiliates, its licensers, its contractors or their
respective employees warrant that the Service will be uninterrupted or
error free; nor does GeiNet make any warranty as to the results from use
of the Service. GeiNet technical support is offered to the User for Internet service related problems only. GeiNet will be glad to set up an appointment for software or hardware related problems. GeiNet will not be held liable for any problems or damages incurred during configuration of the Users system. GeiNet does not guarantee that we will be able to make your computer access the Internet. The User is responsible for acquiring the necessary software/hardware to gain access to the Internet. Internet services are for interactive, single session, non-server use only. GeiNet does not guarantee a local number for your use and will not be held liable for any long distance charges. The user is responsible for checking with their phone provider. 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, NO INFRINGEMENT, 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 GEINET, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. NEITHER GEINET NOR ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES,
CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. Limitation
of Liability
UNDER NO CIRCUMSTANCES SHALL GEINET, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS 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
GEINET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, GEINET'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 GeiNet 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 GeiNet, its affiliates, its licensers,
its contractors or their respective employees 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 GeiNet, its licensers, its affiliates, its contractors, 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 GeiNet 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 GeiNet shall confer as
to and agree on the legal counsel(s) to be selected in any such defense. Age
Limit
User represents to GeiNet that he or she is 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. GeiNet has no control
over and accepts no responsibility whatsoever for such materials. Prohibited
Uses
User may not: Send unsolicited email, (known as 'Spam') to anyone residing
on our servers or through our servers, or when dialed into the network.
The following types of email sent constitute as Spam: ·
Forged email To/From address other than from the actual sender or
to the actual recipient. ·
Message subject not related to the email body. ·
Email not requested by the recipient. ·
emails sent in bulk by sender. ·
mail bombs. 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 on web space provided any sexually explicit materials or
materials that may be offensive. Post or transmit any information or software that contains a
virus, cancel bot, 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 right holder; 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 Mail list, Listserv or any form of
auto-responds from User's account; Run or activate processes while User is not logged in; 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 ping bots 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. GeiNet has no obligation to monitor the Service. However,
User agrees that GeiNet 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. GeiNet will not intentionally monitor or disclose any
private E-mail message unless required by law. GeiNet 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. GeiNet 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
GeiNet following payment of a reconnection charge, to be determined by
GeiNet in its sole and absolute discretion. Messaging
User agrees to limit their use of the GeiNet service,
specifically regarding the use of GeiNet's electronic (email) services,
to the following restrictions: 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 GeiNet 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.
GEINET RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR
USE IN PAYMENT OF GEINET SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION
OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR GEINET SERVICE VIA
CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, GEINET 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 GEINET SERVICES FOR VIOLATION OF ANY OF THESE TERMS. Limitation
of Web Hosting Services
Although GeiNet advertises "Unlimited Bandwidth" in
regards to some of its services there are several limitations applied.
The sole purposes of these limitations are intended of unnecessary use
of GeiNet services by any such User, which restricts system availability
for other such Users. These limitations apply only to Hosting offered by
GeiNet. Restricted
Content
You
agree not to post any of the following restricted contents: Illegal,
Abusive or Unethical Activities include, but are not limited to,
pornography, obscenity, nudity, violations of privacy, hacking, computer
virus, gambling, or promotion of gambling, and any harassing or harmful
materials or uses, as determined by us. You agree to indemnify and hold
us harmless from any claim resulting from your publications or use of
Illegal, Abusive or Unethical materials. Bandwidth
Restrictions
Although we advertise unlimited bandwidth, we reserve the
right to inform you that you must transfer your website if an excessive
amount of bandwidth is being used. If the request is not met within 5
days, we do reserve the right to remove the website from our system. Limitation
of Dial-Up Services
Although GeiNet advertises "Unlimited Access" in
regards to some of it's Dial-Up services, there are several limitations
applied. Internet services are for interactive, single session,
non-server use only. The sole purpose of these limitations are intended to limit the
amount of unnecessary use of GeiNet services by any such User, which
restricts overall GeiNet system availability for other such Users. These
limitations apply only to Dial-Up access services offered by GeiNet. We
do not provide dedicated service OR imply a 24 hour continuous
connection. These types of users raise costs for
everyone. 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 GeiNet service. Maximum
Single Session
User agrees to have an online session automatically
terminated after five (5) 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 GeiNet 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. @usa
Network Access Restrictions
User agrees to not use the service as a dedicated connection.
The determination of what a dedicated connection is shall be at the sole
determination of GeiNet. Service is provided as an unlimited service
provided that you may not use the provided connection as a dedicated
connection. ISDN
Access Restrictions
User agrees that for all ISDN Accounts that they will be
limited to 300 channel hours of access per month. If the customer
exceeds the 300-channel hour limit, there account will be temporarily
disabled until the first of the next month. @world.net
Network Access Restrictions
User agrees that for all @world.net locations, that they will be
limited to 150 hours of access per month. If a customer exceeds the
150-hour limit, there account will be temporarily disabled until the
first of the next month. @pop.net
Access Restrictions
User agrees that for all @pop.net locations, that they will be
limited to 200 hours of access per month. If a customer exceeds the
200-hour limit, there account will be temporarily disabled until the
first of the next month. The time zone used for determination of hours
will be EST time. Terms
of Payment
A credit card User agrees to allow "GeiNet" to bill
his or her card on each successive billing date without obtaining User's
permission after the initial charge. A credit card User shall notify
GeiNet of any changes in credit card number or expiration date. If the
card is not honored for any reason, GeiNet will attempt to notify the
cardholder by using the telephone information given at sign-up or by
E-mail. GeiNet will call the cardholder, and if alternative billing has
not been established, the account will be terminated. Restoring the
account will be subject to a Reactivation fee. If payment is by check, payment due dates are indicated on
User's invoice. Dishonored checks are subject to a collection fee to be
determined by GeiNet in its sole and absolute discretion and User's
account may be suspended until the account is current. If payment is not
received , service will be terminated and a Reactivation fee will be
added to charges for additional Service. GeiNet maintains the right to terminate Service for any
unpaid subscriptions. Accounts in default are subject to an interest
charge of 2.5% per month on the outstanding balance. Termination of
Service shall not relieve User from the obligation to satisfy
outstanding invoices. In the event GeiNet utilizes an attorney to
collect any unpaid amounts, User shall be responsible for the payment of
all of GeiNet's attorneys' fees and costs in the collection of these
sums. Users purchasing a new computer system from Gilbert Enterprises with the internet service set up and included on that computer system the internet service will start the date of the purchase invoice. GeiNet reserves the right to change prices at any time
without prior notice to its customers or the public. Price changes will
not be retroactive for existing customers, regardless of the length of
their existing service subscription. Early Cancellations of Users account forfeits any balance. Pre-paid service is non-refundable. Cancellations made before the 7 day trail period is over will be refunded. GeiNet will not refund any monthly service charges, reactivation, setup, shipping or handling fees. Right
to Cancel
GeiNet reserves the right to cancel Service for any reason
without prior notice. Early Termination of Users account forfeits any
balance. Pre-paid service is non-refundable. Termination
made
before the 7 day trail period is over will be refunded. User must notify GeiNet via telephone or in writing to cancel
Service. Cancellations shall not be honored by electronic mail. Fees for
any reactivation, setup, shipping, handling, or monthly service charges placed by
GeiNet are non-refundable. Nonpayment of service to GeiNet by invoice due date will Terminate Users account. No
Confidentiality
Information transmitted through GeiNet and through the
Internet in general is not confidential. GeiNet cannot and shall not
guarantee privacy or protection of any User. GeiNet 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 GeiNet. Customer
Information
Unless required by court order, subpoena or other legal
request, or upon the advice of counsel, GeiNet may publish User's name and other consumer information in one or more
directories, which may be accessed by other Internet users. In addition,
unless User notifies GeiNet to the contrary as
provided above, GeiNet may make such information
available to third parties from time to time. User understands further
that merchants on the Internet may have access to such information and
may make it available to third parties in accordance with their normal
practices unless User notifies those merchants directly that User does
not wish such information to be made available. 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
GeiNet does not and will not perform system backups on any
User's E-mail account(s). GeiNet 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, GeiNet will not provide historical data, to
any party for any reason, regarding any system or Internet activity. GeiNet shall not be held responsible for any lost web data,
web files, or any website contents, regardless of the reasoning for data
loss or system causes. Except as otherwise set forth herein, GeiNet will
not provide historical data, to any party for any reason, regarding any
system or Internet activity. Failure
to Comply With Terms and Conditions
GeiNet may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that GeiNet
in its sole discretion believes violates any of the terms and conditions
in this Agreement. If GeiNet denies User access to the Service because
of such a violation, User shall not have the right (1) to access through
GeiNet 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 GeiNet, and GeiNet 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 GeiNet's system for periods exceeding (5) five hours, in
any single continuous session. User authorizes GeiNet to enforce these
restrictions by appropriate software and network measures, automated and
manual. User agrees to notify GeiNet 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 GeiNet. 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. GeiNet'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. GeiNet may modify this Agreement from time to time by placing
a notice of such modification on our website, 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. This Agreement shall be governed by and construed in
accordance with the laws of the States 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. GeiNet 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 GeiNet. GeiNet shall not be liable or deemed to be in default for any damages to software and/or hardware User may incur during use of the GeiNet's system. GeiNet is not responsible for any hardware or software damage either by Acts of God, User or Virus attacks. 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 GeiNet as the defendant, shall be proper only
in a venue determined by GeiNet. In any action between GeiNet and User to enforce any of the
terms of this Agreement, GeiNet shall be entitled to recover expenses,
including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and GeiNet with respect to the Service.
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Gilbert
Enterprises