By using the services at PPSHOST.COM, you
acknowledge that you have read, agree, and abide by the terms and conditions of
the PPSHOST.COM Terms of Service below:
Enduser Terms of Service
PPSHost.com. ("PPSHost.com") 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.
PPSHost.com exercises no control whatsoever over the
content of the information passing through PPSHost.com’s system. Use of any
information obtained via PPSHost.com is at User's risk. Neither PPSHost.com 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
PPSHost.com make any warranty as to the results from use of the Service.
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, NONINFRINGEMENT,
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 PPSHost.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS
OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER PPSHost.com 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, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PPSHost.com, 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
PPSHost.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, PPSHost.com’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 PPSHost.com 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 PPSHost.com, 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
PPSHost.com, 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 PPSHost.com 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 PPSHost.com shall confer as to and agree
on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to PPSHost.com 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. PPSHost.com 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 webspace provided any sexually explicit materials
or materials that may be offensive.
post or transmit any information or software which contains
a virus, cancelbot, 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
rightholder;
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 Maillist, 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 pingbots 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.
PPSHost.com has no obligation to monitor the Service.
However, User agrees that PPSHost.com 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.
PPSHost.com will not intentionally monitor or disclose any private E-mail
message unless required by law. PPSHost.com 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. PPSHost.com 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 PPSHost.com following payment of a reconnection
charge, to be determined by PPSHost.com in its sole and absolute discretion.
Messaging
User agrees to limit their use of the PPSHost.com service,
specifically regarding the use of PPSHost.com’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 PPSHost.com 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. PPSHost.com RESERVES THE
RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF PPSHost.com
SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER
PRE-PAYS FOR THEIR PPSHost.com SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN
CREDIT CARD, PPSHost.com 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 PPSHost.com SERVICES FOR VIOLATION OF ANY OF THESE
TERMS.
Limitation of Web Hosting Services
Although PPSHost.com advertises "Unlimited
Bandwidth" in regards to some of its services there are several limitations
applied. The sole purpose of these limitations are intended of unnecessary use
of PPSHost.com services by any such User, which restricts system availability
for other such Users. These limitations apply only to Hosting offered by
PPSHost.com.
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 PPSHost.com advertises "Unlimited
Access" in regards to some of it's Dial-Up services, there are several
limitations applied. The sole purpose of these limitations are intended to limit
the amount of unnecessary use of PPSHost.com services by any such User, which
restricts overall PPSHost.com system availability for other such Users. These
limitations apply only to Dial-Up access services offered by PPSHost.com.
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
PPSHost.com 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 PPSHost.com
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.
Starnet 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 PPSHost.com. 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.
UU.net Access Restrictions
User agrees that for all UUnet 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.
Qwest Access Restrictions
User agrees that for all Qwest 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 timezone used for determination of hours will be EST time.
Terms of Payment
A credit card User agrees to allow "Your ISP" 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 PPSHost.com
of any changes in credit card number or expiration date. If the card is not
honored for any reason, PPSHost.com will attempt to notify the card holder by
using the telephone information given at sign-up or by E-mail. PPSHost.com 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 $10.00.
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 PPSHost.com 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 $10.00 will be added to charges
for additional Service.
PPSHost.com 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
PPSHost.com utilizes an attorney to collect any unpaid amounts, User shall be
responsible for the payment of all of PPSHost.com’s attorneys' fees and costs
in the collection of these sums.
PPSHost.com 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.
Right to Cancel
PPSHost.com reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is non-refundable. PPSHost.com
will not refund any shipping or handling fees. Cancellations after the first of
the month will be charged for that month.
User must notify PPSHost.com via telephone or in writing to
cancel Service. Cancellations shall not be honored by electronic mail. Fees for
any setup, shipping and handling, and monthly service charges placed by
PPSHost.com are non-refundable.
No Confidentiality
Information transmitted through PPSHost.com and through the
Internet in general is not confidential. PPSHost.com can not and shall not
guarantee privacy or protection of any User. PPSHost.com 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 PPSHost.com.
Customer Information
Unless required by court order, subpoena or other legal
request, or upon the advice of counsel, "Your Company Name" 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
"Your Company Name" to the contrary as provided above, "Your
Company Name" 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
PPSHost.com does not and will not perform system backups on
any User's E-mail account(s). PPSHost.com 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, PPSHost.com will not provide historical data, to any party for any
reason, regarding any system or Internet activity.
PPSHost.com 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, PPSHost.com will
not provide historical data, to any party for any reason, regarding any system
or Internet activity.
Failure to Comply With Terms and Conditions
PPSHost.com may deny User access to all or part of the
Service without notice if User engages in any conduct or activities that
PPSHost.com in its sole discretion believes violates any of the terms and
conditions in this Agreement. If PPSHost.com denies User access to the Service
because of such a violation, User shall not have the right (1) to access through
PPSHost.com 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
PPSHost.com, and PPSHost.com 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
PPSHost.com’s system for periods exceeding (5) five hours, in any single
continuous session. User authorizes PPSHost.com to enforce these restrictions by
appropriate software and network measures, automated and manual.
User agrees to notify PPSHost.com 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
PPSHost.com.
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.
PPSHost.com’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.
PPSHost.com 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 Illinois 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.
PPSHost.com 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 PPSHost.com.
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 PPSHost.com as the defendant, shall be proper only in a
venue determined by PPSHost.com.
In any action between PPSHost.com and User to enforce any
of the terms of this Agreement, PPSHost.com shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between
User and PPSHost.com with respect to the Service. |