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Terms and Conditions
Last Update 11/01/04
PREMIER TECHNOLOGIES (hereby called “The Service Provider”) is an on-line listing of personal and business World Wide Web pages. PREMIER TECHNOLOGIES, The use of The Service Provider is subject to the following terms and conditions.
PREMIER TECHNOLOGIES may modify this agreement on an as needed basis by placing an update of this posting, and your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to check the “Terms and Conditions” page of The Service Provider regularly to determine whether this agreement has been modified. You are likewise required to keep abreast of updates to the information published on The Service Provider’s Accepted Uses and Content Policy. If you do not agree with the Terms and Conditions of The Service Provider or any modifications to this Agreement, You must immediately stop using The Service Provider.
The entire content of The Service Provider is Copyrighted, and all rights are reserved. You may save to disk or print out individual or small selections of information contained within The Service Provider for your own use, provided that you do not collect multiple small selections for the purpose of replicating all or substantial portions of The Service Provider. The Service Provider may be displayed by you to limited numbers of persons provided that you do not charge for such a presentation.
SUBSCRIBER LICENSING AGREEMENT
BY USING THE WEBHOSTING OFFERED BY PREMIER TECHNOLOGIES, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES OFFERED BY PREMIER TECHNOLOGIES.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (I) WITH THE INTERNET ACCESS SERVICE INITIALLY OFFERED BY PREMIER TECHNOLOGIES INTERNET SERVICES IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS.
GRANT. PREMIER TECHNOLOGIES INTERNET SERVICES (“PREMIER TECHNOLOGIES”) hereby grants you a non-exclusive, non-transferable, limited license to access the Internet through PREMIER TECHNOLOGIES’s network and a non-exclusive license to use its accompanying software product (“Software”) and accompanying documentation on the following terms:
You may: (i) use the Software only with the Internet service initially offered by PREMIER TECHNOLOGIES in conjunction with the distribution of the Software and Documentation (“PREMIER TECHNOLOGIES’s”) with which it is bundled; (ii) use the Software on any single computer, (iii) use the Software on a second computer so long as the first and second computers are not used simultaneously; or (iv) copy the Software for archival purposes, provided any copy must contain all the original Software’s proprietary notices.
You may not: (i) use the Software or Documentation in conjunction with any Internet access or other network service, other than PREMIER TECHNOLOGIES’s Internet Services; (ii) permit other individuals to use the Software except under the terms above; (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software or Documentation; (iv) copy the Software or Documentation (except for back-up purposes); (v) rent, lease, transfer or otherwise transfer rights to the Software or Documentation; or (vi) remove any proprietary notices or labels on the Software or Documentation.
TITLE. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain with PREMIER TECHNOLOGIES and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software or through PREMIER TECHNOLOGIES’s is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
You retain any rights you may have to data posted by you to the Internet.
NO ASSIGNMENT. The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you. Resale or use of this connection by other person or persons is prohibited.
BILLING FOR ALL ACCOUNTS. PREMIER TECHNOLOGIES will accept credit card, check, and cash payments for services. Accounts are billed in advance at the beginning of each accounts physical month. Credit cards will be charged on or around the 1st day of each accounts renewal for any accounts that are to be paid by credit card. You will be notified on or around the 5 day after the billing if your credit card was declined for any reason. PREMIER TECHNOLOGIES will send a friendly reminder via email to all customers who have a balance due after 5 days. Payments are due on the date of renewal. All accounts with a balance after 15 days will be charged a $10 late fee and suspended. Accounts will be reactivated when payment is made in full. Any accounts with a 45-day balance will be closed and sent to collections.
You agree to pay PREMIER TECHNOLOGIES all charges relating to use of your account(s) according to rates and prices published online at the time of use. You are responsible for charges from the application date until the account is closed and PREMIER TECHNOLOGIES may apply the amount due to your credit card at any time. You are solely responsible for informing PREMIER TECHNOLOGIES of all new customer contact and billing information including new expiration dates on your listed credit card, no remaining credit on the credit account, new credit card numbers, address and phone number changes. PREMIER TECHNOLOGIES will however send an email reminder to you if your credit card expires in an ensuing month. You are solely responsible for notifying PREMIER TECHNOLOGIES if you would like to cancel your account. Charges will continue to accrue until notice is given. You are responsible for payment through the end of the cancellation month. PREMIER TECHNOLOGIES will charge an additional fee per invoice if you request invoices by U.S. mail.
CHARGES. Charges for PREMIER TECHNOLOGIES’s Internet Services shall be as stated in the Internet Service Application, or as otherwise agreed in writing by the parties, and shall be payable by you commencing no later than one business day after receipt of application by PREMIER TECHNOLOGIES.
All pre-paid plans are non-refundable. All pre-paid price plans are treated as debit accounts; you are set up with a credit for indicated number of months. The fee paid assumes that you do not use hours beyond those supplied by your price plan and do not incur any additional service charges to your account. If you do incur any charges, this amount will be applied to your balance. When your balance reaches $0.00, the package is terminated, regardless of the length of time to reach that balance. All listed charges are exclusive of sales, use and other taxes, which are your responsibility.
ADDITIONAL CHARGES. PREMIER TECHNOLOGIES will charge $25 for all returned checks. A service charge of $10.00 will be assessed on late payments. You are liable for any and all attorney fees, court costs, and collection agency fees or commissions if PREMIER TECHNOLOGIES has to resort to these methods in order to collect debts owed to PREMIER TECHNOLOGIES. You agree to pay PREMIER TECHNOLOGIES its reasonable expenses, including attorney fees, incurred in enforcing its rights under this Agreement.
RELATED CHARGES. You are responsible for any local or long distance phone charges accrued in connecting to PREMIER TECHNOLOGIES. You are responsible for equipment, including computer hardware and software, used in connecting to PREMIER TECHNOLOGIES.
LIMITED WARRANTY. PREMIER TECHNOLOGIES warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. PREMIER TECHNOLOGIES does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure and hereby disclaims any and all liability on account thereof. In addition, the security mechanism implemented by the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements. PREMIER TECHNOLOGIES also warrants that the media containing the Software, if provided by PREMIER TECHNOLOGIES, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. PREMIER TECHNOLOGIES’s sole liability for any breach of this warranty shall be, in PREMIER TECHNOLOGIES’s sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) PREMIER TECHNOLOGIES advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform PREMIER TECHNOLOGIES of your problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will PREMIER TECHNOLOGIES be obligated to honor this warranty. PREMIER TECHNOLOGIES will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within 30 days of being so notified.
This is a limited warranty and it is the only warranty or condition made by PREMIER TECHNOLOGIES. PREMIER TECHNOLOGIES makes no other express warranty or condition and there is no warranty or condition of non-infringement of third parties’ rights. The duration of implied warranties or conditions, including without limitation, warranties or conditions of merchantability and of fitness for a particular purpose, is limited to the above warranty period; some states do not allow limitations on how long an implied warranty lasts, so limitations may not apply to you. No dealer, agent, or employee of PREMIER TECHNOLOGIES is authorized to make any modifications, extensions, or additions to this warranty. No warranty is made by or on behalf of any supplier of PREMIER TECHNOLOGIES. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse or improper use; or if you violate the terms of this Agreement, then this warranty shall be immediately terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation.
This warranty gives you specific legal rights, and you may have other legal rights which vary from state to state or by jurisdiction.
LIMITATION OF LIABILITY. PREMIER TECHNOLOGIES exercises no control whatsoever over the content of the information accessed through PREMIER TECHNOLOGIES’s Internet Services. PREMIER TECHNOLOGIES’s Internet Services are provided on an “as-is, as-available” basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. PREMIER TECHNOLOGIES and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to (i) your inability or failure to perform research or related work or to work properly or completely, or (ii) any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, PREMIER TECHNOLOGIES’s Internet Services. PREMIER TECHNOLOGIES will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via PREMIER TECHNOLOGIES’s Internet Services is at your sole risk. PREMIER TECHNOLOGIES specifically disclaims any responsibility for the accuracy or quality of information obtained through PREMIER TECHNOLOGIES’s Internet Services.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall PREMIER TECHNOLOGIES or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work- stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of PREMIER TECHNOLOGIES’s list price for a license to the Software and Documentation, even if PREMIER TECHNOLOGIES shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
ALLOWABLE USE. PREMIER TECHNOLOGIES’s Internet Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The posting of copyrighted software without proper authorization (commonly referred to as Warez) and/or the posting of software access codes (commonly referred to as Cracks) will be cause for account cancellation with forfeiture of prepaid fees. You agree to indemnify and hold harmless PREMIER TECHNOLOGIES from any claims resulting from your use of PREMIER TECHNOLOGIES service.
All Unix shell accounts provided by PREMIER TECHNOLOGIES may not be used to run processes unattended or while not dialed in including, but not limited to, any IRC bot, cron job, or screen.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising. Unsolicited commercial advertisements are not allowed in email, and will result in account suspension or cancellation and fines as stated in Additional Charges.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unacceptable and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to-person medium, not a broadcast medium.
You agree to abide by PREMIER TECHNOLOGIES’s policies concerning use of PREMIER TECHNOLOGIES’s Internet Services. Unsolicited advertisements via email, or via discussion groups whose charter does not explicitly allow advertisements, is specifically not an allowable use. PREMIER TECHNOLOGIES reserves the right to suspend access to service for your account(s).
RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of your account(s) and confidentiality of password(s). PREMIER TECHNOLOGIES will suspend or change access upon notification that your password has been stolen, lost or otherwise possibly compromised. PREMIER TECHNOLOGIES is not responsible for your personal files residing online on PREMIER TECHNOLOGIES-owned and controlled computers. You shall be responsible for independent backup of your data stored online. You shall be responsible for all access to and use of PREMIER TECHNOLOGIES’s Internet Services by your personnel or by means of your equipment, whether or not you have knowledge of or authorize such access or use.
If subscriber is less than 18 years of age, the application must be signed and these terms agreed to by a parent or legal guardian, who is responsible for all charges related to the use of subscriber’s account(s).
UNAUTHORIZED USE OF ACCOUNT. PREMIER TECHNOLOGIES will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “social engineering” (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like.
Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources. PREMIER TECHNOLOGIES will handle incidents of harassment on a case-by-case basis, consulting with all parties involved.
Any unauthorized use of accounts or computers by a PREMIER TECHNOLOGIES customer, whether or not the attacked account or computer belongs to PREMIER TECHNOLOGIES, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
LIMITATIONS ON RESOURCE USAGE. PREMIER TECHNOLOGIES reserves the right to impose limits on the total amount of disk space and other resources available for your use on PREMIER TECHNOLOGIES-operated computers. PREMIER TECHNOLOGIES reserves the right to remove files that exceed this limit. PREMIER TECHNOLOGIES reserves the right to delete without notice personal files that have not been accessed for more than one month.
EMAIL PRIVACY. Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers. With regards to PREMIER TECHNOLOGIES’s mail servers, PREMIER TECHNOLOGIES places a high value on privacy, and will only examine users’ mail when absolutely required, for example when troubleshooting email delivery problems or being presented with a search warrant for the information.
ILLEGAL MATERIAL. PREMIER TECHNOLOGIES bears certain legal liabilities for the use of its computer network and equipment. As such PREMIER TECHNOLOGIES must require that its customers do not use PREMIER TECHNOLOGIES’s network for illegal purposes. When presented with a search warrant, PREMIER TECHNOLOGIES is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.
However, PREMIER TECHNOLOGIES recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore PREMIER TECHNOLOGIES must make certain decisions regarding the illegality of various specific actions. Among the actions PREMIER TECHNOLOGIES considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. PREMIER TECHNOLOGIES believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.
WEB SERVICE. PREMIER TECHNOLOGIES includes Web service with residential service and hosts commercial web pages for a fee. In all cases, the Web pages reside on PREMIER TECHNOLOGIES’s computer equipment, giving PREMIER TECHNOLOGIES some ethical responsibility for the content of such pages. PREMIER TECHNOLOGIES will handle potentially inappropriate Web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscenity.
Personal Web space may not be used for purposes that can be deemed as an attempt to sell a product or service. PREMIER TECHNOLOGIES separately offers commercial Web hosting.
Domain name service is an additional service if that is desired. You are responsible to domain name registration authorities for any fees they may charge.
PREMIER TECHNOLOGIES grants you a non-exclusive, nontransferable, limited license to store documents on a PREMIER TECHNOLOGIES Internet World Wide Web server, and to use the server at burst bandwidth speeds up to PREMIER TECHNOLOGIES’s full capacity. Sustained average bandwidth usage, as measured by PREMIER TECHNOLOGIES, over the course of any seven (7) days shall not exceed 64 kilobits per second (kbps). PREMIER TECHNOLOGIES shall notify you if this limit is exceeded, after which you have two (2) weeks to lower the bandwidth usage or incur an additional charge of $100 per month per 64Kbps of sustained average bandwidth usage.
The term “Bandwidth” is defined as: The total additive amount of data downloaded from sites on PREMIER TECHNOLOGIES’s servers that comprise a single billing group. For billing purposes, this is generally considered to be monthly.
The term “Unlimited Bandwidth” implies that the data transfer is not charged on a metered basis so long as it remains within reasonable expectations. PREMIER TECHNOLOGIES considers 10 Gigabytes a reasonable expectation for its servers. Accounts whose total Bandwidth is in excess of this expectation will be addressed on an individual basis. (see (Abuse of Unlimited Traffic”)
Abuse of Unlimited Traffic: PREMIER TECHNOLOGIES’s customers are privileged to be offered unlimited traffic for their web sites. The intention of PREMIER TECHNOLOGIES is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on PREMIER TECHNOLOGIES’s server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of PREMIER TECHNOLOGIES management. Any customer who violates PREMIER TECHNOLOGIES’s Policies in abusing site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the alloted 2 day period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred are graphics) Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads) Sites using more than 30% of system resources
For most accounts, traffic will go unmonitored until you reach 10gb per month. Thereafter, normal data transfer cost of $5.00/1GB/month will be billed to your account.
PREMIER TECHNOLOGIES will be the sole arbiter as to what constitutes a violation of this provision.
TERM AND TERMINATION. This Agreement shall become effective on the date the service application is entered into PREMIER TECHNOLOGIES’s system (no later than the end of one business day after receipt of application). PREMIER TECHNOLOGIES, at its sole discretion, may terminate this Agreement immediately or suspend your access to the service upon any breach of this Agreement by you.
You are responsible for notifying PREMIER TECHNOLOGIES of your wish to terminate your account, if so desired. Charges will continue to accrue until your notification to PREMIER TECHNOLOGIES of account termination, or until your account is suspended due to late payment. After 60 days of nonpayment, PREMIER TECHNOLOGIES will close your account; you will then be required to re-subscribe according to policies in effect at that time in order to continue service.
Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or on the installation process), then the following applies: except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. Government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are agreeing to the foregoing and you are warranting that you are not a “foreign person” or under the control of a foreign person.
EFFECT OF AGREEMENT. This Agreement (which shall include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and not those contained in your purchase order.
MODIFICATION OF TERMS AND CHARGES. PREMIER TECHNOLOGIES reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of PREMIER TECHNOLOGIES’s Internet Services after such notice shall constitute your acceptance of the modifications to this Agreement.
FORCES OF NATURE. PREMIER TECHNOLOGIES’s performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.
SEVERABILITY. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.
NOTICES. Except as otherwise provided herein, all notices hereunder shall be given in writing as follows:
617 E. Grand Ave.
Beloit WI 5351
GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the state of Florida, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.
WAIVER. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure of Software and Documentation by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement. <