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NOT
reading this document does not limit your liability regarding
your subscription. |
SCR
Online (Solano Computer Resource) 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.
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Warranty
Disclaimer
THE
FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
SCR Online exercises no control whatsoever over the content
of the information passing through SCR Online's system.
Use of any information obtained via SCR Online is at User's
risk. Neither SCR Online 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 SCR Online make any warranty as to the results
from use of the Service. *
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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, NON-INFRINGEMENT, 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 SCR Online, ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY. NEITHER SCR Online 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.
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Limitation
of Liability
UNDER
NO CIRCUMSTANCES SHALL SCR Online, 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 SCR Online IS FOUND LIABLE UNDER
ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, SCR
Online'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
SCR Online 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 SCR Online, 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 SCR Online,
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 SCR Online 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 SCR Online shall confer as to
and agree on the legal counsel(s) to be selected in any
such defense.
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Authorized
User
It will
be a strict policy of SCR Online that only the Authorized
User may order changes to their account. If a user wishes
to give authorization for another person to make changes to
the account ie: passwords, web site changes etc. SCR Online
requires written authorization from the owner (Authorized
User) of the account.
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CANCELLATION
Subscriber
may cancel service upon a written signature notice by mail
or fax. The subscriber is not obligated to any subscription
fees for more than one month at a time unless under a written
signed contract. If the subscriber has prepaid for more
than one month in advance and cancels service, SCR Online
shall refund any and all full month fees not used at the
time of cancellation on a pro-rata basis (i.e. any discounted
rates shall be forfeited on early cancellations). Subscriptions
canceled after the 5th day after their due date will not
receive refunds of money for that month's fees. SCR Online
will not refund any "set-up" or "installation"
fees.
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Terms
of Payment
A credit
card User agrees to allow SCR Online 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 SCR Online of any changes in credit card number
or expiration date. If the card is not honored for any reason,
SCR Online will attempt to notify the card holder by using
the telephone information given at sign-up or by E-mail.
SCR Online 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 SCR Online 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
tom charges for additional Service.
SCR
Online maintains the right to terminate Service for any
unpaid subscriptions. Accounts in default are subject to
an interest charge of 1.5% per month on the outstanding
balance. Termination of Service shall not relieve User from
the obligation to satisfy outstanding invoices. In the event
SCR Online utilizes an attorney to collect any unpaid amounts,
User shall be responsible for the payment of all of SCR
Online's attorneys' fees and costs in the collection of
these sums.
SCR
Online 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.
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PHONE
ACCESS NUMBER NON-LIABILITY
SCR
Online is NOT responsible or liable for any phone charges
you may incur as a result of connecting to SCR Online Internet
Services. SCR Online further, DOES NOT guarantee that any
SCR Online Internet Access phone number that you dial will
not incur metered rate, message unit or long distant charges
to you, your residential phone and/or your business phone
system. The SCR Online subscriber is solely responsible
for determining if there are local phone charges that may
or will occur as a result of connecting to the Internet
or SCR Online. SCR Online will not reimburse any subscriber
for any phone charges no matter if the phone number incurring
the charges was obtained from SCR Online staff, a SCR Online
printed list, a SCR Online data setup disk, or by some other
means. SCR Online WILL NOT PAY FOR ANY PHONE CHARGES OF
ANY SUBSCRIBER FOR ANY REASON.
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PASSWORDS
and SERVICES
Subscriber
is responsible for their individual passwords and login
"usernames" and shall not intentionally give their
password to anyone. Subscriber may not resell, assign or
transfer this agreement or Internet access without prior
written authorization from SCR Online. **
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Age
Limit
User
represents to SCR Online 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.
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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. SCR
Online has no control over and accepts no responsibility
whatsoever for such materials.
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TERMINATION
AND UNACCEPTABLE USE
SCR
Online may terminate Subscriber service for other reasons
upon 10-day e-mail notice. SCR Online may refuse service
to anyone.
User agrees to not use the Dial-up service as a dedicated
connection. The determination of what a dedicated connection
is shall be at the sole determination of SCR Online is provided
as an unlimited service provided that you may not use the
provided connection as a dedicated connection.
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 60 minutes).
DSL
is a dedicated connection but is not a dedicated transfer
connection unless otherwise noted. Sustained transfers longer
than 5 days may be subject to termination. Transfers of pirated
software and/or media may also be subject to termination.
SCR Online observes copywrite laws and does not provide it's
services to circumvent said laws.
User
may not:
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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;
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restrict or inhibit any other user from using and enjoying
the Internet;
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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;
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post on personal webspace provided any sexually explicit materials
or materials that may be offensive.
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post or transmit any information or software which contains
a virus, cancelbot, trojan horse, worm or other harmful
component;
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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);
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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;
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upload, post, publish, transmit, reproduce, transmit or
distribute in any way any component of the Service itself
or derivative works with respect thereto;
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send unsolicited advertising or promotional materials
to other network users;
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allow users to run Maillist, Listserv or any form of auto-responds
from User's account; *
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run or activate processes while User is not logged in;
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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; or
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violate any of the rules, regulations and policies of
those networks and computer systems accessed via User's
account.
SCR Online has no obligation to monitor the Service. However,
User agrees that SCR Online 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. SCR Online will not
intentionally monitor or disclose any private E-mail message
unless required by law. SCR Online 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.
SCR Online 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 SCR Online following
payment of a reconnection charge, to be determined by SCR
Online in its sole and absolute discretion.
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Messaging
User agrees to limit their use of the SCR Online's service,
specifically regarding the use of SCR Online'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 SCR Online's service.
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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. SCR Online RESERVES THE RIGHT TO CHARGE USER'S CREDIT
CARD, IF ON FILE FOR USE IN PAYMENT OF SCR Online's SERVICES,
A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE
EVENT USER PRE-PAYS FOR THEIR SCR Online's SERVICE VIA CASH,
CHECK, OR MEANS OTHER THAN CREDIT CARD, SCR Online 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 SCR Online's SERVICES FOR
VIOLATION OF ANY OF THESE TERMS.
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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.
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No
Confidentiality
Information transmitted through SCR Online and through the
Internet in general is not confidential. SCR Online can not
and shall not guarantee privacy or protection of any User.
SCR Online 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 SCR Online.
SCR Online, however, does not share or sell User information
for any reason.
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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. *
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No
System Backup
SCR Online does not and will not perform system backups on
any User's E-mail account(s). SCR Online 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, SCR Online will not provide historical data, to any
party for any reason, regarding any system or Internet activity. Mail
will be held no longer than 180 days.
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Failure
to Comply With Terms and Conditions
SCR Online may deny User access to all or part of the Service
without notice if User engages in any conduct or activities
that SCR Online in its sole discretion believes violates any
of the terms and conditions in this Agreement. If SCR Online
denies User access to the Service because of such a violation,
User shall have not right (1) to access through SCR Online
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 SCR Online, and SCR Online 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. |
* Does not apply to Business Solutions.
** Does not apply to accounts created by Resellers for the express purpose of reselling. |
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Tel: 707-645-9652 ~ Fax: 707-649-4360 ~
© 2003 - 2005 Solano Computer Resource. All Rights Reserved. |
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