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THIS AGREEMENT
is made and entered between DialUp Net, Inc. located at 1 Center Street
Southington, CT 06489, hereinafter referred to as DialUp Net and the Customer,
who wishes to use the services of DialUp Net in accordance with DialUp
Net's standard application, http://www.dialupnet.com
.
IF A DOMAIN NAME is registered or transfered,
the Customer and/or registered owner, agrees to have read and be bound by one or more of the following:
For .COM, .NET, .ORG, :
DOMAIN REGISTRATION AGREEMENT.
For .BIZ The following two: .BIZ DOMAIN REGISTRATION AGREEMENT A
.BIZ DOMAIN REGISTRATION AGREEMENT B
For .INFO : .INFO DOMAIN REGISTRATION AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual
covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service, DialUp Net
provides dedicated server computers which are integrated into the Internet. These server
computers shall send and receive information in relationship to the World Wide Web.
Customer wishes to connect to the World Wide Web utilizing the hardware and software
resources of DialUp Net to establish an Internet web presence on one of DialUp Net's server
computers.
2. CONDITIONS: The application and this Agreement constitute a binding
contract between DialUp Net and the Customer and does not extend to any other person or
entity. Customer may not resell to third parties. Cancellations after the
application is received and webspace is set-up will still hold the Customer responsible
for costs incurred by DialUp Net concerning the set-up of the web space and the first
quarter billing. In addition, any web site created and/or maintained by DialUp Net shall
remain the sole property of DialUp Net and may not be used in any manner without the written
consent of DialUp Net.
3. WARRANTIES: With respect to the service to be provided herein, the
Customer acknowledges that DialUp Net makes absolutely no warranties whatsoever, express or
implied. As a result, the Customer agrees that DialUp Net shall not be liable to the
Customer for any claims or damages which may be suffered by the Customer, including, but
not limited to, losses or damages resulting from the loss of data as the result of delays,
non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by
the Customer from the utilization of the service to be provided by DialUp Net is at the
Customer's sole and absolute risk. DialUp Net specifically disclaims and denies any
responsibility for the completeness, accuracy or quality of information obtained through
the services to be provided hereby.
5. DOMAIN NAME: If DialUp Net shall acquire an Internet Domain Name on
behalf of the Customer, then in such case the Customer hereby waives any and all claims
which it may have against DialUp Net, for any loss, damage, claim or expense arising out of
or in relation to the registration of such Domain Name in any on-line or off-line network
directories, membership lists or registration lists, or the release of the Domain Name
from such directories or lists following the termination of the providing of this service
by DialUp Net for any reason.
6. PAYMENT: The set-up fee and first payment are due at the time the
application is filled out, and returned to DialUp Net. Subsequent payments are due according
to the selected fee schedule following the establishment of the web space on the Internet.
Web space will be billed a minimum of one (1) month in advance depending on the selected
fee schedule. Subsequent payments are due on the 5th day of each month as per the selected
fee schedule. In the event that the Customer fails to pay for such services in advance,
DialUp Net shall be entitled to unilaterally terminate this Agreement and discontinue the
service until payment is made. All cancellations must be sent in writing via e-mail or
certified mail at least 30 days prior to the anniversary of your account.
7. UNILATERAL SERVICE REVOCATION: In the event that DialUp Net may at any
time believe that the service is being utilized for unlawful purposes by the Customer or
in contravention with the terms and provisions herewith, DialUp Net may immediately
discontinue such service to the Customer without liability. DialUp Net strictly prohibits
any of the following, as stated in sections 07a, 07b, 07c, 07d and 07e of this Agreement,
in combination or sole action and is in direct violation of this Agreement. DialUp Net has
the right to immediately terminate all services in the event of a violation of the
Acceptable Use policy.
DialUp Net has the right to immediately terminate all services, without any due refunds, and
collect any damages caused as a result of any violations, as indicated in this Agreement
including but not limited to the following:
(a). Transmitting directly or indirectly any single or mass quantity of unsolicited
electronic mail (email) through DialUp Net or any network or references Subscriber's account.
(b). Transmitting any electronic mail (email) or data which is deceptive or misleading,
illegal, or misrepresents products or services for sale, through DialUp Net or any network or references
Subscriber's account.
(c). Transmitting any electronic mail (email) which contains forged source or
"From" identification in any header(s) whatsoever through DialUp Net or any network or references Subscriber's account.
All electronic mail (email) transmitted whether through DialUp Net or any network or references
Subscriber's account must contain Subscriber's authorized, valid, and reachable electronic mail (email) address as
provided by DialUp Net or any network for which Subscriber is an authorized user thereof. In the event
that service disruptions occur on DialUp Net, including but not limited to internet connectivity
interruptions, Subscriber must refrain from transmitting any electronic mail (email) which contains any and all
electronic mail (email) address as provided by DialUp Net, whether through DialUp Net or any network or references
Subscriber's account.
(d). Accessing or transmitting any electronic mail (email) through any SMTP port (email
server) of DialUp Net or any network for which Subscriber is not authorized to have direct or indirect access.
(e). Multiple and/or simultaneous SMTP port (email server) access through DialUp Net is
strictly prohibited. Dialup Net allows only one (1) SMTP port connection at any time, unless explicit written
provision has been made by DialUp Net to Subscriber.
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless
DialUp Net from any and all loss, cost, expense, and damages on account of any and all
manner of claims, demands, actions, and proceedings that may be initiated against DialUp Net
on the grounds that the web space content violates any copyright, proprietary right of any
person, state and federal regulations, or contains any matter that is libelous or
scandalous.
9. CHANGES IN TERMS OF AGREEMENT: DialUp Net reserves the right to make
changes to the terms and conditions of this Agreement upon thirty (30) days notice to the
Customer, advising of the change and the effective date thereof, but with changes in
service fees being effective only at the end of any period for which the Customer has
prepaid. Utilization of the service by the Customer following the effective date of such
change shall constitute acceptance by the Customer of such change(s). DialUp Net may also
refuse to offer service to any present or future persons/company that currently has or
applies for a server account if DialUp Net feel the site inappropriate due to, but not
limited to, nudity, profanity or general misuses of the server assigned at the time
agreement is entered into.
10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the
application for web space constitute the entire agreement between the parties, and
represent the complete and entire understanding of the parties with respect to the subject
matter of this Agreement.
11. GOVERNING LAW: This Agreement shall be governed by the laws of the
State of Florida in the United States of America. In the event that any term or provision
of this instrument is held by a court of competent jurisdiction to be unenforceable, then
the remaining provisions of this instrument and the agreement which it evidences, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, and in consideration of the covenants and agreements contained herein, do hereby
execute this instrument, with each party warranting their ability to enter into this
agreement for the person or entity herein named as a party hereto.
DialUp Net Does Not Host Adult Oriented Sites.
DialUp Net's Server Does Not Allow Sending of Unsolicited Email (SPAM).
First offense will result in immediate termination of account.
DialUp Net reserves the right to cancel your service with NO refunds should either of the
above occur.
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