Cheetaa
Enduser Terms of Service
Note: All users are bound by this terms of service.
Cheetaa 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.
THE FOREGOING WARRANTIES
SET
Cheetaa exercises no control whatsoever
over the content of the information passing through Cheetaa'S
system. Use of any information obtained via Cheetaa
is at User's risk. Neither Cheetaa 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 Cheetaa 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 [Your ISP Name], ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY. NEITHER [Your ISP Name] 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.
UNDER NO CIRCUMSTANCES
SHALL CHEETAA, 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 CHEETAA IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF
THIS AGREEMENT, CHEETAA'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 Cheetaa in operating the Service, User's
sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to
the contrary herein contained, User agrees to indemnify and hold Cheetaa, 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 Cheetaa,
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 Cheetaa 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 Cheetaa shall confer as to and agree on the legal
counsel(s) to be selected in any such defense.
User represents to Cheetaa 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. Cheetaa has no control over and accepts no responsibility whatsoever
for such materials.
User may not:
send unsolicated
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.
Cheetaa has no obligation to monitor the
Service. However, User agrees that Cheetaa 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. Cheetaa will not intentionally
monitor or disclose any private E-mail message unless required by law. Cheetaa 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. Cheetaa 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 Cheetaa
following payment of a reconnection charge, to be determined by Cheetaa in its sole and absolute discretion.
User agrees to limit their
use of the Cheetaa service, specifically regarding
the use of Cheetaa's electronic (email) services, to
the following restrictions:
User agrees that any
unauthorized use of any email server located throughout the Internet for the
purposes of relaying or distributing messages is prohibited.
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 Cheetaa service.
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. CHEETAA RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON
FILE FOR USE IN PAYMENT OF [Your ISP Name] SERVICES, A ONE-TIME FEE OF $200 PER
VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR CHEETAA SERVICE
VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, CHEETAA 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 CHEETAA SERVICES
FOR VIOLATION OF ANY OF THESE TERMS.
Although Cheetaa advertises "Unlimited Bandwidth" in
regards to some of its services there are several limitations applied. The sole
purpose of these limitations are intended of unncessary use of Cheetaa
services by any such User, which restricts system availability for other such
Users. These limitations apply only to Hosting offered by Cheetaa.
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.
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.
Although Cheetaa 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 Cheetaa
services by any such User, which restricts overall Cheetaa
system availability for other such Users. These limitations apply only to
Dial-Up access services offered by Cheetaa.
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 Cheetaa service.
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.
User understands they
cannot log back onto the Cheetaa 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.
User agrees to maintain no
more than one (1) concurrent online session for each PPP/ISDN account
purchased.
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 Cheetaa.
Service is provided as an unlimited service provided that you may not use the
provided connection as a dedicated connection.
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.
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.
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.
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 Cheetaa of any changes
in credit card number or expiration date. If the card is not honored for any
reason, Cheetaa will attempt to notify the card
holder by using the telephone information given at sign-up or by E-mail. Cheetaa 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 Cheetaa
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.
Cheetaa 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 Cheetaa utilizes an attorney
to collect any unpaid amounts, User shall be responsible for the payment of all
of Cheetaa'S attorneys' fees and costs in the
collection of these sums.
Cheetaa 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.
Cheetaa reserves the right to cancel
Service for any reason without prior notice. Pre-paid service is
non-refundable. Cheetaa will not refund any shipping
or handling fees. Cancellations after the first of the month will be charged
for that month.
User must notify Cheetaa writing to cancel their Service. Cancellations
shall not be honored by electronic mail. Fees for any setup, shipping and
handling, and monthly service charges placed by Cheetaa
are non-refundable.
Information transmitted
through Cheetaa and through the Internet in general
is not confidential. Cheetaa can not and shall not
guarantee privacy or protection of any User. Cheetaa
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 Cheetaa.
Unless required by court order,
subpoena or other legal request, or upon the advice of counsel, " Cheetaa " will NOT
publish User's name and other consumer information in any directory which may
be accessed by other Internet users. In addition, unless User notifies " Cheetaa" to the
contrary as provided above, " Cheetaa" will
NOT make such information available to third parties at anytime. (Except for the use of troubleshooting users account.) 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.
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.
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.
Cheetaa does not and will not perform
system backups on any User's E-mail account(s). Cheetaa
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, Cheetaa
will not provide historical data, to any party for any reason, regarding any
system or Internet activity.
Cheetaa 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,
[Your ISP Name] will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Cheetaa may deny User access to all or part
of the Service without notice if User engages in any conduct or activities that
Cheetaa in its sole discretion believes violates any
of the terms and conditions in this Agreement. If Cheetaa
denies User access to the Service because of such a violation, User shall not
have the right (1) to access through Cheetaa 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 Cheetaa,and Cheetaa 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.
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 Cheetaa's
system for periods exceeding (5) five hours, in any single continuous session.
User authorizes Cheetaa to enforce these restrictions
by appropriate software and network measures, automated and manual.
User agrees to notify Cheetaa 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 Cheetaa.
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.
Cheetaa'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.
Cheetaa 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
Cheetaa 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 Cheetaa.
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 Cheetaa
as the defendant, shall be proper only in a venue determined by Cheetaa.
In any action between Cheetaa and User to enforce any of the terms of this
Agreement, Cheetaa shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes
the entire agreement between User and Cheetaa with
respect to the Service.
.