|YOUR USE OF THE SERVICE IS
SUBJECT TO THESE TERMS AND CONDITIONS. By accessing or using the
service, you agree to be bound by the terms and conditions set forth
below. If you do not wish to be bound by these terms and conditions, you
may not access or use the service.
The following is not permitted
||Spamming(sending unsolicited email or posting
messages to irrelevant UsetNet newsgroups that do
not explicitly allow advertising,
with references to a site hosted on our servers)
||Sites containing pornographic material or
sites which contain links to adult sites, sites encouraging
illegal activity or racism, sites providing instructions of
performing illegal activities.
||Violations and attempted violations of system & network
security. Or any type of tampering with the system with the
purpose to inflict harm.
For legal reasons we disclaim any
warranties, expressed or implied with respect to the service including
(but not limited to) implied warranties of merchantability and fitness
for a particular purpose or which otherwise arise from trade usage or
course of dealing.
Ozarksnet.com does not warrant
or represent the accuracy or quality of information obtained through the
Service. Ozarksnet.com is not responsible for any loss of data from
delays, non-deliveries, miss-deliveries, or service interruptions,
whether caused by the Service Providerís negligence or Customerís
errors and/or omissions or due to any other cause.
As a condition precedent to
obtaining any Customer rights under the terms of this Agreement,
Customer specifically agrees that no claims shall be made by Customer
against Ozarksnet.com arising from the content of messages published by
any other Ozarksnet.com customer or other third party. Any claims
between Ozarksnet.com customers, including but not limited to requests
for de-publication or retraction, shall be resolved between the
customers themselves without Ozarksnet.comís involvement.
It is prohibited to post
advertisements to USENET groups that do not explicitly allow advertising
in their charter or otherwise. It is prohibited to send unsolicited
electronic mail messages.
This Service may only be used for
lawful purposes. You are prohibited from transmitting via the Service
any unlawful or otherwise harmful material nor shall any information or
materials be transmitted in violation of any local, state, or Federal
regulation (s) or applicable international covenant or treaty. You agree
to comply with all federal, state, local and foreign laws and
regulations, as applicable.
Without limiting the foregoing,
you are prohibited from sending or receiving information which infringes
on a third partyís intellectual property rights, threatening, obscene
or offensive material to the extent prohibited by the Telecommunications
Of 1996, material protected by
trade secret, fraudulent credit card information, fraudulent computer
information, and data which enables breach of firewalls or other forms
of unauthorized access to protected files. The use of the Service to
transmit certain kinds of information (including without limitation,
computer software and other technical data) in violation of export
control laws and other regulations of the United States, whether that
information is received abroad or by foreign nationals within the United
States is also prohibited.
You agree to indemnify and hold
harmless Ozarksnet.com from any claims resulting from Customerís use
of this Service that results in claims by a third party or a violation
of law. Such indemnification shall include reimbursement of all
Ozarksnet.comís costs and legal fees incurred in connection therewith.
In the event that Ozarksnet.com
determines that inappropriate usage of this account warrants immediate
termination, reasonable efforts will be made to inform customer in
writing of this action but Ozarksnet.com shall take such further steps
as required by law or court order.
Ozarksnet.com reserves the
right to delete or limited access to any material at Pacificís sole
discretion, should such material come to Ozarksnet.comís attention. In
such cases, Ozarksnet.com shall attempt to notify customer within 24
hours of such action.
Notwithstanding the foregoing,
Customer acknowledges and agrees that Ozarksnet.comís customer and
practice is to not monitor, review, limit, censor or control content
transmitted on the Service. Customer further acknowledges and agrees
that it is practicably and technically not feasible for Ozarksnet.com to
attempt to do so to any degree. Nothing in this agreement shall be
deemed to imply that Ozarksnet.com can or will monitor, review, limit
censor or otherwise control content transmitted or stored on the
Service. Customer shall be solely liable for the Content transmitted or
Customer warrants and
represents that all information published by Customer via the Service is
either owned by Customer or that Customer has obtained the requisite
licenses granting Customer permission to electronically publish the
warranties, Ozarksnet.com disclaims any liability for actual or alleged
infringement of copyright, patent, trademark or other intellectual
property rights of third parties resulting from Customerís use of the
LIMITATION ON LIABILITY.
In no event shall Ozarksnet.com be
liable for any damages whatsoever, whether based on contract, tort,
warranty, or other legal or equitable grounds (including, without
limitation, damages for loss of profits, business interruption, loss of
information, loss of data, cost of procurement of substitute goods or
other pecuniary loss) arising out of your use or your inability to use
the Service, even if Ozarksnet.com has been advised of the possibility
of such damages. Notwithstanding any other provision of this Agreement,
in no event shall Ozarksnet.comís liability arising out of, or
relating to this Agreement, exceed the amount paid to Ozarksnet.com.
Customer agrees to pay all charges
incurred through access of your account. Payment is due upon receipt of
Ozarksnet.comís monthly invoice. Accounts are in default if payment is
not received within 15 days after date of invoice. If your payment is
returned to us unpaid your account will be deemed to be in default and
you will be charged a returned check charge of $25 in addition to
interest and penalties as further provided herein. Accounts in default
may have their service interrupted. Such interruption does not relieve
you from the obligation to pay the monthly charge. Only a written
request to terminate your service relieves you of your obligation to pay
the monthly account charge. Accounts in default are subject to an
interest charge of 1.50xbfbfd5ecer month on the outstanding balance. If
your state law does not allow an interest rate of 1.50xbfbfd5ecer month,
the maximum allowable rate for your state will be charged. If you
default, you agree to pay Ozarksnet.comís reasonable expenses,
including attorney fees and collection costs, incurred in enforcing its
rights under this Agreement.
TERMINATION OF SERVICE.
Customer may cancel Service at any
time by providing written notice to Ozarksnet.com. Such notice shall be
deemed effective within one (1) day of receipt.
Ozarksnet.com may terminate
this agreement at anytime without further notice due to customerís
failure to abide by these terms and conditions.