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June 10, 1998
SENTRISISP
TERMS AND CONDITIONS OF SERVICE
SentrisISP ("c3ntris.com" or the"Company") sets forth the following terms and
conditions, which will govern all subscribers of Internet Service (as described on standard Company marketing materials,
including but not limited to the Company's World Wide Web ("Web") site) from c3ntris.com (referred to separately as
"Subscribers").
It is essential to understand and comply with each of the terms and conditions listed below. All
Subscribers must acknowledge that they have read and understand the following terms and conditions before they will be
granted Internet Service from the Company. Any questions regarding these terms and conditions should be directed to
c3ntris.com via email from the Company's Web site.
A. Internet Service
- c3ntris.com Internet Service includes: Internet access, Electronic Mail ("email") and
unlimited mail addresses, and one Web site (up to 5 megabytes) on c3ntris.coms server (regardless of the number of mailboxes per
Subscriber account) (collectively, "Internet Service").
- c3ntris.com makes no guarantee as to the continuous availability of c3ntris.coms Internet Service or
any specific feature of c3ntris.coms Internet Service. c3ntris.com reserves the right to change Internet Service and
institute new Internet Service at any time. c3ntris.com will announce changes to Internet Service online at the Companys
Web site at least 30 days before such changes are to take effect, unless circumstances beyond the Companys control require
that such changes occur immediately to preserve the best interests of c3ntris.coms Subscribers in general.
B. Registration Requirements
- Individuals and organizations may be Subscribers to the Companys Internet Service. Subscribers must
provide c3ntris.com with accurate and complete billing information. This information must include legal name, mailing
address and telephone number. Subscribers must notify c3ntris.com of any changes in billing and contact information relating
to their account. Subscribers are responsible for all charges posted to their account by the Company.
- Subscribers must be at least 18 years old to register for c3ntris.com Internet Service. c3ntris.com
does not control the information accessible through its Internet Service. SUBSCRIBERS ARE STRONGLY URGED TO CLOSELY
SUPERVISE THE ACCESS OF MINORS.
C. Fees
- UNLIMITED INTERNET ACCESS IS OFFERED BY c3ntris.com PROVIDED THAT LOCAL DIAL-UP NUMBERS MAY NOT BE
AVAILABLE IN ALL AREAS. IT IS THE SUBSCRIBERS SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR c3ntris.com DIAL-UP
NUMBER WILL CAUSE THEM TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. c3ntris.com IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE
OR TOLL CHARGES INCURRED BY SUBSCRIBERS THROUGH USE OF c3ntris.comS INTERNET SERVICE. SUBSCRIBERS ARE SOLELY RESPONSIBLE
FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY THE
SUBSCRIBER AND BY THOSE WHO ACCESS THE SERVICE THROUGH THE SUBSCRIBERS ACCOUNT.
- Current prices for c3ntris.coms Internet Service are described on standard Company marketing
materials, including but not limited to the Companys Web site. c3ntris.com reserves the right to change prices and
institute new prices for its Internet Service at any time. c3ntris.com will announce price increases or decreases online at
the Companys Web site at least 30 days before such changes are to take effect, unless circumstances beyond the Companys
control require that such changes occur immediately to preserve the best interests of c3ntris.coms Subscribers in
general.
- Subscribers are billed for 30 days of Internet Service in advance beginning immediately upon
signing-up for Internet Service from the Company. If a Subscriber cancels an account at any time during the first 30 days
after signing-up for an account from the Company, the Subscriber will not be refunded any monies collected from
c3ntris.com with respect to a Subscribers first 30 days of service, especially when it's a result of a
Subscribers account being terminated by the Company for being in violation of the Companys Net Abuse Policy, as described
herein. In addition, any and all charges relating to additional services purchased from c3ntris.com, such as additional
extra personal Web space, will not be refunded automatically upon canceling an account during the first
30 days after signing-up for an account from the Company.
- Payments for all charges are due within 30 days of the end of the period in which the charges are
incurred. If a Subscribers account is delinquent, the Subscribers account may be suspended or cancelled at c3ntris.coms
sole discretion. If a Subscribers account is suspended, regular charges continue to accrue until the Subscriber cancels
their account. c3ntris.com may, at its sole discretion, charge a fee of $19.95 to reinstate a suspended account.
- A service charge of $25.00 will be assessed to a Subscribers account for each check that is returned
to c3ntris.com for insufficient funds.
- Interest charges of 2% per month (or the highest rate permitted by law if lower than 1% per month)
will accrue daily on any unpaid balance that is not paid within 30 days of the end of the period in which charges are
incurred.
- If a Subscriber believes that c3ntris.com has billed an account in error, the Subscriber must contact
the Company within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for
any erroneous charges that are more than 60 days old. In addition, refunds will NOT be given as a result of a Subscribers
account being terminated by the Company for being in violation of the Companys Net Abuse Policy, as described
herein.
- Subscribers shall pay all Sales and Use taxes, duties or levies that are required by applicable
law.
D. Use of Service
- c3ntris.com personal dial-up accounts are for individual use only. c3ntris.com allows no more than
one dial-up connection from a personal account at any one-time.
- Any means of identification assigned to Subscribers by c3ntris.com in order for Subscribers to use
Internet Service are and will remain the property of c3ntris.com. At c3ntris.coms sole discretion, this identification may
be altered or replaced at any time. These means of identification include but are not limited to account usernames and email
addresses.
- Internet Service provided by c3ntris.com may only be used for lawful purposes. Transmissions of
material are subject to compliance with any applicable laws and regulations. This includes, but is not limited to
copyrighted material, intellectual property, threatening or obscene material or material protected by trade secret. Software
piracy is strictly forbidden and is defined here as any unauthorized copying or transfer of a computer program in any manner
other than what is permitted by copyright law or by the author as stated in the software licensing agreement. Subscribers
are also prohibited from publishing private email messages to third parties, by means, without the express prior consent of
the author.
- c3ntris.com DO NOT PROVIDE SUBSCRIBER DEMOGRAPHIC INFORMATION TO THIRD PARTIES. AND THAT THE EMAIL ADDRESSES
OF c3ntris.com SUBSCRIBERS ARE NOT FOR SALE OR COMMERCIAL DISTRIBUTION TO THIRD PARTIES WITHOUT THE EXPRESS WRITTEN CONSENT
OF THE SUBSCRIBERS.
- c3ntris.com reserves the right to cancel Internet Service without prior notice for any reason,
including, but not limited to (i) nonpayment; (ii) inappropriate usage; (iii) unauthorized transfer or storage of any
material which is in violation of any U.S. or state regulation; (iv) software piracy; or (v) an illegal act under general
copyright law. Subscribers may cancel their account at any time via mail, telephone or online. Termination of an account
does not remove a Subscribers responsibility under these terms and conditions to pay all fees incurred up to the date the
account was canceled. Subscribers are also responsible for any fees incurred by c3ntris.com, including but not limited to
collection agency fees and attorneys fees, costs, and expenses, whether or not suit is commenced.
- After cancellation or termination of an account by either the Subscriber or c3ntris.com, the Company
has the right to remove or delete data previously associated with the account. Specifically, upon termination of Internet
Service from the Company, Subscriber forfeits all rights to Referral Credits. For example, Subscribers may not return to the
Company as a new Subscriber of the Companys Internet Service and receive any previous rights to Referral Credits held while
being a previous Subscriber of the Companys Internet Service.
- A Subscriber may not sell, assign or otherwise transfer any rights as a Subscriber (including but not
limited to the right to receive Referral Credits) without the written approval of c3ntris.com.
E. Net Abuse Policy
- Using any c3ntris.com account or server to send duplicative, unsolicited email messages (commercial or
otherwise), or to collect the responses from unsolicited email is prohibited. Similarly, using any c3ntris.com account or
server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited.
c3ntris.com reserves the right to make the determination whether a given message violates the newsgroup or mailing list
charter. In most cases, c3ntris.com will defer to the judgement of the newsgroup or mailing list moderator or administrator.
Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by
the recipients, are permitted. Conduct in connection with email or Usenet news that is an obvious nuisance (such as
"mail bombing" and/or "spamming") or that would be unlawful in other contexts (for example, threats,
harassment, defamation, obscenity, or software piracy) is prohibited.
- Using c3ntris.coms facilities to engage in activities that violate the terms of service of any other
Internet or online service provider is prohibited. For example, sending unsolicited commercial email through c3ntris.coms
facilities to the Subscribers of any Internet or online service provider that disallows unsolicited commercial email is
prohibited.
- Using programs that interfere with others use, or running an Internet Relay Chat robot, on any
Internet Relay Chat server is prohibited. When logged into any Internet Relay Chat server, users are expected to comply with
the rules and policies established by the servers administrator.
- Subscribers are prohibited from utilizing c3ntris.com services to compromise the security or tamper
with c3ntris.coms system resources or data on any of c3ntris.coms computers, routers, terminal servers, modems, or any
other equipment at c3ntris.com or any other site. Use or distribution of tools designed for compromising security is
prohibited. Any "denial of service" attack, any attempt to breach authentication or security measures, or any
unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service
termination, which may be without notice.
- Subscribers are prohibited from such activities as the transfer of information or solicitation of
persons via the Internet in an attempt to extort money or valuables or the use of pyramid/chain letters.
- Falsifying addressing information or otherwise modifying headers to conceal the senders or
recipients identity, for the purpose of circumventing these terms and conditions, is prohibited. This provision is not
intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
- Personal accounts are allotted up to 5MB of disk storage space for Web page files and FTP site
locations and are allocated up to 250MB of monthly bandwidth usage for downloading and viewing of personal Web page files and
FTP site locations. Additional disk space and monthly bandwidth usage allocations are available for nominal monthly charges
and the rates are posted on the Companys Web site. There is a 20MB limit to the amount of disk storage space a Subscriber
is allowed to purchase. In addition, there is a 1GB limit to the amount of monthly bandwidth a Subscriber is allowed to
purchase. If a Subscriber exceeds their allocated monthly bandwidth usage up to 1GB per month, c3ntris.com will add
additional charges in accordance with the rates for such additional services as posted on the Companys Web site. If a
Subscriber uses more than 1GB of bandwidth per month, the Subscribers Web site may be deemed commercial and the Company may
require the Subscriber to remove the Web site from c3ntris.coms servers. c3ntris.com does not host commercial Web sites.
If a Subscriber uses a personal Web site for illegal activities or as the subject of mass unsolicited emailing, the Company
may in its own discretion immediately terminate access to the personal Web site and/or terminate the Subscribers Internet
Service.
F. Limitation of Liability
- c3ntris.com MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS INTERNET SERVICE FOR A PARTICULAR PURPOSE. c3ntris.com TAKES NO
RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY SUBSCRIBERS INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS,
NONDELIVERIES, MIDDELIVERIES, OR SERVICE INTERRUPTIONS CAUSED BY c3ntris.comS OWN NEGLIGENCE OR SUBSCRIBER ERRORS AND/OR
OMISSIONS. USE OF ANY INFORMATION OBTAINED VIA THIS SERVICE ARE AT SUBSCRIBERS OWN RISK. c3ntris.com IS NOT RESPONSIBLE
FOR THE ACCURACY, QUALITY, OR CONTENT OF INFORMATION OBTAINED THROUGH OUR SERVICE.
- SUBSCRIBERS EXPRESSLY AGREE THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENT THEREOF, AND ANY
STORAGE OR USE OF INFORMATION IS AT SUBSCRIBERS OWN RISK. NEITHER c3ntris.com NOR ANY OF ITS SUBSCRIBERS, LICENSORS,
EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES c3ntris.com OR ANY OF ITS
SUBSCRIBERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OTHER
THAN THE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS
AND CONDITIONS. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER
c3ntris.com NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICE OR INABILITY TO USE THE SERVICE
OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY CHANGES TO THESE TERMS AND CONDITIONS.
- Subscribers agree to indemnify and hold harmless c3ntris.com from any claims resulting from the
Subscribers use of the Companys Internet Service, which damages Subscriber or any other party.
- To the extent permitted by law, c3ntris.com and its affiliates, officers, directors and other
representatives shall not be liable for, and each Subscribers hereby releases c3ntris.com of and from any claim for, or loss
of profit, incidental, or exemplary damage which may arise out of any claim whatsoever resulting from c3ntris.coms
performance, non-performance, act or omission with respect to the business relationship or their matters between c3ntris.com
and the Subscribers whether sounding in contract, tort or strict liability. This provision shall survive any termination or
expiration of this agreement and the independent business relationship between the Subscriber and c3ntris.com.
- All disputes arising between any Subscriber and c3ntris.com relating to these terms and conditions or
c3ntris.coms Internet Service shall be settled totally and finally through arbitration, whereas the Company shall determine
the arbitrator. FURTHERMORE, IT IS AGREED THAT ANY DAMAGE TO THE SUBSCRIBER SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED
THE AMOUNT OF CASH FEES PAID BY THE SUBSCRIBER TO c3ntris.com IN THE CURRENT MONTH.
G. General
- The terms and names SentrisISP and c3ntris.com, the Companys logo and all the names of the services
of c3ntris.com are trademarks or servicemarks of the Company. Only the Company is authorized to produce and market
literature and services under these marks.
- These terms and conditions supersede all previous representations, understandings, or agreements and
shall prevail notwithstanding any variance with terms and conditions of any order submitted. Continued use of the service
after the date of the revised terms and conditions constitutes acceptance of the revised terms and conditions.
- These terms and conditions are subject to change without notice: a current copy thereof will always be
available online at the Companys Web site. CONTINUED USAGE OF YOUR ACCOUNT AFTER A NEW TERM OR CONDITION HAS GONE INTO
EFFECT CONSTITUTES ACCEPTANCE OF THAT POLICY. We encourage you to regularly check the Terms and Conditions of Services for
any changes. The effective date will be updated to indicate a new revision.
- If any provision of these terms and conditions as such may exist or may hereafter be amended, is found
to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining
provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable
provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there
shall be added automatically in its place a provision as similar in its terms to the illegal, invalid or unenforceable
provision as may be possible and be legal, valid or enforceable.
- These Terms and Conditions of Service shall be governed by and construed in accordance with the laws
of the State of Delaware, United States of America, without regard to its conflicts of law provisions.
- c3ntris.com reserves the right to refuse service to any Subscriber at any time if they are in
violation of any part or the entire terms and conditions as presented here. The Company also reserves the right to refuse
Internet Service to anyone who does not acknowledge that they have read and agreed to these terms and conditions as presented
herein.
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