|OffspringNet agrees to provide you with those services set forth
at the time of signup and you agree to abide by the restrictions made
below. In the event of any violation of the below terms and conditions
of using our service, we reserve the right to suspend or terminate
your account immediately, without notice. If you do not wish to be
bound by the below terms and conditions of using our service, then
you may not access the service.
No warranty's are made regarding the service. We do not guarantee
that the service will be uninterrupted or error free. We exercize
no control whatsoever over the content of information that is passed
through our system. The service is provided on an "as is"
Responsibility of Use
User shall assume all responsibility for all content distributed,
accessed, or viewed while connected to our service. Under no circumstance
shall we be held liable for your actions while you are using the
service. In the event of a court order, we may provide any and all
information that they request of us to them.
Limitation of Liability
Under no circumstances shall we, our agents, our providers, or employees
be liable for any damages, which result in any way from user's use
or inability to use the service or any part thereof. This includes
all direct and indirect damages, special, punitive or consequential
damages that may result from busy signals, errors, delays in the
service, deletion of files, viruses, theft, or alteration of a user's
computer. In the event that we are found liable under any circumstance
under the terms of this agreement, our liability shall be limited
to the unused balance of user's subscription payment pro-rated to
reflect the current term.
User represents to us 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.
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. We have no control over and
accept no responsibility whatsoever for such materials.
Restrictions of Use
User understands that the following restrictions are applied to
- Send SPAM, or bulk email when dialed into the network.
- Post offensive, threatening, or SPAM, when using the newsgroups.
- Use their personal FTP site for business sites.
- Post or transmit viruses or any harmful component to others.
- Transmit anything that is protected by copyright without permission.
- Attempt to violate the security of any computer network
- Engage in any illegal activity.
- Dialup Restrictions
- User agrees to allow provider to force a 10 minute idle timeout
and 5 hour maximum session on their dial-up account. Attempts
to defeat the idle timer using a ping bot or system tool, or the
use of a redialer to automatically reconnect once disconnected
is prohibited. Inactivity is defined as less than 500 bytes of
data transferred between User's modem and the service.
User understands that unlimited service does not mean dedicated
service. Dedicated service shall be defined as an average of more
than 15 channel hours a day, based on a 30 day calendar month usage
report. User may be blocked and forced to upgrade to continue service
if their unlimited account is used as a dedicated connection.
User understands that some services may be offered as limited.
Once the user has reached their limit, they shall not have access
to the internet until the 1st of the next month. User will not be
given and may not purchase more than one limited account in an attempt
to get unlimited access on a limited service. If user wants unlimited,
they must purchase an unlimited account.
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.
- User agrees that Port 25 (SMTP) is blocked for all outgoing
mail servers except our own.
- User may not send to more than 25 recipients at a time.
- User may not send more than 100 emails per hour period.
- User may not send from an email address that is not their own.
- User may not send an email that is over 10 MB in size.
- User may not forge message headers to hide the origin of their
- Provider may block certain attachment types used in transmitting
- Hosting 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. User may not purchase more
than 1 hosting package and link them together in an attempt to
get around our bandwidth or website size restrictions. We currently
do not allow websites that exceed 15 GB of bandwidth per month
to host on our servers. If the request is not met within 5 days,
we do reserve the right to remove the website from our system.
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.
We 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
Right to Cancel
OffspringNet reserves the right to cancel Service for any reason
without prior notice. Pre-paid service is non-refundable. OffspringNet
will not refund any shipping or handling fees. Cancellations after
the first of the month will be charged for that month.
User must notify OffspringNet via e-mail, fax or in writing to
cancel Service. Fees for any setup, shipping and handling, and monthly
service charges placed by OffspringNet are non-refundable. A cancellation
fee of $15.00 will apply to any account cancelled within 30 days
of purchase. To cancel OffspringNet services, please e-mail: email@example.com,
or fax us at 719-635-7495. Please include your username(s) of any
and all OffspringNet services. Cancellations must be in writing
and received by no later than the 25th day of each month. Customers
having credit card or electronic checking billing options will be
charged for the following month if cancellation requests are not
received by the 25th day of the month.
We do not and will not perform system backups on any User's E-mail
account(s). We 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, we will not provide historical data, to any party
for any reason, regarding any system or Internet activity.
Although we do perform system backups on hosting content, we 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. User should always keep their own backup of their website.
Except as otherwise set forth herein, We will not provide historical
data, to any party for any reason, regarding any system or Internet
Information transmitted through us and through the Internet in general
is not confidential. We can not and shall not guarantee privacy
or protection of any User. We reserve the right to monitor any User's
transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of our company.
A credit card User agrees to allow OffspringNet 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 OffspringNet
of any changes in credit card number or expiration date. If the
card is not honored for any reason, OffspringNet will attempt to
notify the card holder by using the telephone information given
at sign-up or by E-mail. OffspringNet will call the card holder,
and if alternative billing has not been established, the account
will be terminated. Restoring the account will be subject to a setup
fee of $15.
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 OffspringNet 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 setup
fee of $15.00 will be added to charges for additional Service.
OffspringNet 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 OffspringNet utilizes an attorney to collect
any unpaid amounts, User shall be responsible for the payment of
all of OffspringNet's attorneys' fees and costs in the collection
of these sums.
OffspringNet reserves the right to change prices at any time without
prior notice to it's customers or the public. Price changes will
not be retroactive for existing customers, regardless of the length
of their existing service subscription.
Failure to Comply With
Terms and Conditions
We may deny User access to all or part of the Service without notice
if User engages in any conduct or activities that we in our sole
discretion believes violates any of the terms and conditions in
this Agreement. If we deny User access to the Service because of
such a violation, User shall not have the right (1) to access through
us 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 us, and we shall have no responsibility to notify
any third-party providers of services, merchandise or information
nor any responsibility for any consequences resulting from lack
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.
Our 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
We 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 State of Washington 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.
We 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 our reasonable
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 us as the defendant, shall be proper
only in a venue determined by us.
In any action between us and User to enforce any of the terms of
this Agreement, We shall be entitled to recover expenses, including
reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and
us with respect to the Service.