Crossover Technologies
Internet Services, Inc. ("Crossover Technologies") 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 APPLYING FOR THE SERVICE. BY APPLYING FOR 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 SHALL NOT APPLY FOR THE SERVICE. Warranty Disclaimer
THE FOREGOING WARRANTIES SET
FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Crossover Technologies
exercises no control whatsoever over the content of the information passing
through Crossover Technologies’ system. Use of any information obtained via
Crossover Technologies is at User's risk. Neither Crossover Technologies 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 Crossover
Technologies 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, 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 Crossover Technologies, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY. NEITHER Crossover Technologies 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
Crossover Technologies, 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 Crossover Technologies IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER
THE TERMS OF THIS AGREEMENT, Crossover Technologies’ 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 Crossover Technologies 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 Crossover Technologies, 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 Crossover Technologies, 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
Crossover Technologies 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 Crossover Technologies shall confer as to and agree on the legal
counsel(s) to be selected in any such defense.
Age Limit
User represents to Crossover
Technologies 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. Crossover
Technologies has no control over and accepts no responsibility whatsoever for
such materials.
Port 25 Restrictions
User understands that port
25 is restricted for all outgoing mail servers. User must send mail through
ISP's mail server when connected to the Crossover Technologies network.
Prohibited Uses
User may not:
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.
Crossover Technologies has no
obligation to monitor the Service. However, User agrees that Crossover
Technologies 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. Crossover Technologies will not intentionally
monitor or disclose any private E-mail message unless required by law. Crossover
Technologies 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. Crossover
Technologies 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 Crossover Technologies following payment of a reconnection charge,
to be determined by Crossover Technologies in its sole and absolute discretion.
Messaging
Crossover Technologies Internet
Services, Inc. ("Crossover Technologies") 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 APPLYING FOR THE SERVICE. BY APPLYING FOR 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 SHALL NOT APPLY FOR THE SERVICE.
Prohibited Uses
User may not:
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.
Crossover Technologies has no
obligation to monitor the Service. However, User agrees that Crossover
Technologies 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. Crossover Technologies will not intentionally
monitor or disclose any private E-mail message unless required by law. Crossover
Technologies 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. Crossover
Technologies 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 Crossover Technologies following payment of a reconnection charge,
to be determined by Crossover Technologies in its sole and absolute discretion.
User agrees to limit their
use of the Crossover Technologies service, specifically regarding the use of
Crossover Technologies’ 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 Crossover
Technologies 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. Crossover Technologies RESERVES THE RIGHT TO CHARGE USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Crossover Technologies SERVICES, A
ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR Crossover Technologies SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN
CREDIT CARD, Crossover Technologies 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 Crossover Technologies SERVICES FOR
VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting
Services
Although Crossover
Technologies advertises "Unlimited Bandwidth" there are several
limitations applied. The sole purpose of these limitations is to limit the
unnecessary use of Crossover Technologies services, as solely determined by
Crossover Technologies, used by any such User, which restricts system
availability for other such Users. These limitations apply only to Hosting
offered by Crossover Technologies.
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, in Crossover Technologies’
sole discretion, 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 Crossover
Technologies advertises "Unlimited Access" in regards to some of it's
Dial-Up services, there are several limitations applied. The sole purpose of
these limitations is intended to limit the amount of unnecessary use, in
Crossover Technologies’ sole discretion, of Crossover Technologies services by
any such User, which restricts overall Crossover Technologies system
availability for other such Users. This results in a limitation of one hundred
fifty hours of usage in any one month on SFB1 and a limitation of two hundred
hours of usage in any given month on SFB3. Other Crossover Technologies networks
do not have this limitation. These limitations apply only to Dial-Up access
services offered by Crossover Technologies.
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 Crossover Technologies 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 Crossover Technologies 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.
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 Crossover Technologies.
Service is provided as an unlimited service provided that you may not use the
provided connection as a dedicated connection and as per all of the terms of
this use Policy.
Right to Cancel
Crossover Technologies
reserves the right to cancel Service for any reason without prior notice.
Pre-paid service is non-refundable. Crossover Technologies will not refund any
shipping or handling fees. Cancellations after the first of the month will be
charged for that month.
User must notify Crossover
Technologies in writing or e-mail to cancel Service. Cancellation requests must
include member name and phone number. ACCOUNT IS NOT CANCELED UNTIL USER HAS
RECEIVED AN EMAIL CONFIRMATION OF THE CANCELLATION, FROM SURFBEST. Refunds are
not issued for the calendar month of cancellation. If payment was by check or
checking account draft, any refund shall be subject to a five dollar handling
charge. User shall keep the email confirmation for twelve (12) months after
cancellation.
No Confidentiality
Information transmitted
through Crossover Technologies and through the Internet in general is not
confidential. Crossover Technologies cannot and shall not guarantee privacy or
protection of any User. Crossover Technologies 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 Crossover Technologies.
Customer Information
Unless required by court
order, subpoena or other legal request, or upon the advice of counsel, Crossover
Technologies will not publish User's name and other consumer information. User
understands further that merchants on the Internet may have access to such
information and may make it available to third parties.
Payment for Services
All monies are in US Funds.
The first charge to your credit/debit card or draft from your checking account
shall include 67˘ per day for the days remaining in the existing month, plus
$20.00 for the following calendar month. Three dollars will be added to
this total if you choose to have a disk US Mailed to you. CHARGES BEGIN THE DAY
Crossover Technologies’ E-MAILS (OR US-MAILs) YOU YOUR ACCOUNT INFORMATION.
Returned checks are subject to a collections fee. Internet service will be
suspended for returned checks until such time as the check is made good.
Accounts with a declined credit/debit card will be charged a five dollar
processing fee. Failure to use the account does not relieve the user of payment
obligations. By providing us with credit/debit card information or checking
account information, you agree to allow us to charge or draft $20.00 from your
account each month. Monthly charges are applied the last week of the month
for the following month's service.
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
Crossover Technologies does
not and will not perform system backups on any User's E-mail account(s).
Crossover Technologies 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, Crossover
Technologies will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Crossover Technologies does not
and will not perform system backups on any web sites. Crossover Technologies
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, Crossover Technologies will not provide historical
data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With
Terms and Conditions
Crossover Technologies may
deny User access to all or part of the Service without notice if User engages in
any conduct or activities that Crossover Technologies in its sole discretion
believes violates any of the terms and conditions in this Agreement. If
Crossover Technologies denies User access to the Service because of such a
violation, User shall not have the right (1) to access through Crossover
Technologies 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
Crossover Technologies, and Crossover Technologies 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
All times are EST. 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 Crossover Technologies’
system for periods exceeding (8) eight hours, in any single continuous session.
User authorizes Crossover Technologies to enforce these restrictions by
appropriate software and network measures, automated and manual.
User agrees to notify Crossover
Technologies 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 Crossover Technologies.
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.
Crossover Technologies’
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.
Crossover Technologies may
modify this Agreement from time to time. User's continued use of the Service
following 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.
Crossover Technologies 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
Crossover Technologies.
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 Crossover Technologies
as the defendant, shall be proper only in a venue determined by Crossover
Technologies.
In any action between Crossover
Technologies and User to enforce any of the terms of this Agreement, Crossover
Technologies shall be entitled to recover expenses, including reasonable
attorney's fees.
This Agreement constitutes the
entire agreement between User and Crossover Technologies with respect to the
Service.