- I will follow ActionNets rules and procedures
governing account use defined in this document. I understand that these rules may be
revised and that I will be given notice of any changes via email or in writing.
- I understand that violation of certain generally accepted
guidelines on Internet usage, such as restrictions on mass e-mailings and mass
advertising, or posting inappropriately to newsgroups, could be a cause for the
termination of my account.
- I understand that Technical Support is provided in an effort
to aid the user when experiencing internet/service related difficulties. We are able to
assist you in resolving general computer related or networking problems however additional
charges may be incurred.
- I will use my ActionNet account in a way that conforms to all
applicable laws and regulations.
- I will maintain my password as private and confidential
information.
- I will not attempt to gain unauthorized access to any systems
or networks.
- I understand that each dial-up account is allowed one active
connection to ActionNet at a time.
- I understand that "unlimited" or
"unmetered access" refers to active use. The "unlimited" or
"unmetered" accounts are intended to be in active use for as much time as you
require. We expect that you will disconnect when not actively accessing ActionNet services. ActionNet considers 25 minutes
of idle time as inactive use. We also expect that you will not employ any artificial means
of maintaining an active connection.
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Billing Guidelines |
- If I have given my credit card number to ActionNet, I
understand that charges will be billed to my credit card for the applicable pricing plan
and any additional charges I incur.
- I authorize this automatic billing by ActionNet.
- I understand that I may cancel my account at any time
effective at the end of the current month. Cancellations made after the 15th of the month
will not be refunded. Accounts cancelled before the 15th of the month will be refunded at
1/2 of the monthly rate.
- I understand that ActionNet may change its prices and that I
will be provided with 15 days written or electronic mail notice of any such changes.
- I understand that ActionNet will
bill my credit card account on the first business day of each billing cycle.
- For those accounts that are invoiced via US Mail, you should
receive your bill on or about the first business day of the billing cycle. Payment is due
15 days after the invoice date.
- I understand that ActionNet reserves the right to terminate
my account at any time, for any reason, including, but not limited to my failure to abide
by the terms of this agreement or my failure to pay any fees or charges when due.
- I understand that I am responsible for all charges incurred
for my account until the effective date of termination of the account. The customer is
responsible for notifying ActionNet of account termination.
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Disclaimers |
- Your privacy is important to us. ActionNet will not
deliberately disclose account information to other users or companies. As an Internet
Service Provider, we may be required to supply information to law enforcement or other
agencies.
- I understand that the information on the
internet may not be accurate, and some information may be intended for adult audiences. ActionNet does not knowingly
host any sexually explicit content but cannot guarantee that its users will not violate
that policy. In the event we discover any sexually explicit content posted on ActionNet
equipment we will require that such content be removed immediately.
- I understand that ActionNet makes no warranties of any kind,
either expressed, implied, or statutory concerning the data or information available
through the ActionNet network.
- I understand that use of my ActionNet account, and any data
or information accessed using that account, will be completely at my own risk.
- I understand that ActionNet shall have no liability for the
services, data or information made available to me, including any liability for any
consequential, indirect, special or incidental damages regardless of the success or
effectiveness of other remedies.
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Web
Hosting Collocation, and Virtual Server Guidelines |
- I will use the Virtual Server services in a manner consistent
with any and all applicable laws of the State of Oregon and the US Federal Government.
- ActionNet reserves the right, in its
sole discretion, to deactivate your Virtual Server account(s) upon an indication of credit
problems including delinquent payments, or compromise of system integrity be it malicious
or unintentional in nature.
- ACTIONNET SERVICE IS PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS. ACTIONNET GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE VIRTUAL SERVER
SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT
FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY ACTIONNET OR ITS PROVIDERS BEYOND THE
FEES PAID BY CLIENT TO ACTIONNET
FOR SERVICES.
- ActionNet is not responsible for any damages
arising from your use of ActionNet or by your inability to use the Virtual Server services for any reason.
- While ActionNet shall make every reasonable
effort to protect and backup data for you on a regular basis, ActionNet is not responsible for your files residing on
ActionNet servers. You are solely responsible for independent backup of data stored on ActionNet's equipment.
- YOU HEREBY AGREE THAT ANY MATERIAL SUBMITTED
FOR PUBLICATION ON ACTIONNET THROUGH YOUR ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK,
PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING
LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING
BY THE ACTIONNET. YOU HEREBY AGREE TO
INDEMNIFY AND HOLD HARMLESS ACTIONNET FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
- YOU HEREBY AGREE THAT ANY MATERIAL
SUBMITTED FOR PUBLICATION ON ACTIONNET THROUGH
YOUR ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY,
OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR
HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE
VIRTUAL SERVER PRODUCT(S) OR THE HOST SERVER(S). YOU HEREBY AGREES TO INDEMNIFY AND HOLD
HARMLESS ACTIONNET FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE
OF THOSE MATERIALS. ACTIONNET MAY OR MAY NOT
GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH ACTIONNET DECIDES IS AN ABUSIVE OR UNETHICAL USE
OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S), OR DEEMED A VIOLATION OF THE TERMS OF
SERVICE.
- Due to the public nature of the
Internet, all information should be considered publicly accessible, and important or
private information should be treated
carefully. ActionNet is
not liable for protection or privacy of electronic mail or other information transferred
through the Internet or any other network provider or its customers may utilize.
- Use of distribution lists via unsolicited
electronic mail or other mass electronic mailings is strictly prohibited. ActionNet
reserves the right to deactivate your Virtual Server account(s) upon an indication of such
activity. You hereby agree to indemnify and hold harmless ActionNet from any claim resulting from
your or another party's use of electronic mail service(s) on your Virtual server
account(s).
- In the event it is necessary to refer any dispute to an
attorney or resolve it in a court of law, the prevailing party will be entitled to an
award of reasonable attorney's fees and all costs associated with any legal action,
whether or not a suit shall actually be filed.
- ActionNet maintains control and any ownership of any and all
I.P. numbers and addresses that may be assigned to you and reserves in its sole discretion
the right to change or remove any and all IP numbers and addresses.
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| In
the event of any breach of this Agreement by ActionNet,
Customer's sole and exclusive remedy shall be, at ActionNet' option, for ActionNet to (a) use reasonable efforts to correct the
breach, or (b)provide to Customer a refund of amounts paid as pro-rated to reflect any
Services received by Customer and performed by ActionNet in accordance with this Agreement. ACTIONNET SHALL HAVE NO LIABILITY FOR ANY DOMAIN NAME, OR
FOR ANY BREACH OF SECURITY, THIRD PARTY LOSS, DAMAGE, FAILURE, LOSS OF DATA, OR
DEGRADATION OF PERFORMANCE RELATED TO ANY CUSTOMER MATERIAL, ANY WEB SITE OR SERVICE.
ACTIONNET SHALL HAVE NO LIABILITY UNDER THIS
AGREEMENT OR OTHERWISE FOR DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL
OR PUNITIVE DAMAGES EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE AGGREGATE LIABILITY OF ACTIONNET
TO CUSTOMER FOR ANY CAUSE OF ACTION OR CLAIM (WHETHER UNDER CONTRACT OR TORT) SHALL BE
LIMITED TO THE AMOUNTS PAID TO ACTIONNET BY
CUSTOMER HEREUNDER. |
| This
agreement represents an agreement between ActionNet
and the ActionNet user. We reserve the right to amend this policy without prior notice.
When we do make changes, we will send a message via email to the users. Your use of the
services provided by ActionNet
will confirm your agreement to these terms and conditions as well as your acceptance of
the changes we make to the Acceptable Use Policy.
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