Enduser Terms of Service
FXtra Network agrees to provide you ("User") with those service(s) set forth
upon signup 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.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED
OR IMPLIED.
FXtra Network exercises no control whatsoever
over the content of the information passing through FXtra Network's system. Use of
any information obtained via FXtra Network is at User's risk. Neither FXtra Network
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 FXtra Network 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
FXTRA NETWORK, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER FXTRA NETWORK 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 FXTRA NETWORK, 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 FXTRA NETWORK IS FOUND LIABLE UNDER
ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, FXTRA NETWORK'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 FXtra Network 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 FXtra Network, 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 FXtra Network, 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 FXtra Network 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 FXtra Network shall confer as to and agree on the legal counsel(s) to be selected
in any such defense.
Age Limit
User represents to FXtra Network 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.
FXtra Network has no control over and accepts no responsibility whatsoever for such
materials.
Prohibited Uses
User may not:
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Send unsolicited
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:
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Forged email
To/From address other than from the actual sender or to the actual recipient. |
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Message subject
not related to the email body. |
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Email not
requested by the recipient. |
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Mass e-mails
carried out by automated programs.
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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 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 (See section titled
"MESSAGING");
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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;
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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 (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
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Violate any of the
rules, regulations and policies of those networks and computer systems accessed via User's
account. |
FXtra Network has no obligation to monitor
the Service. However, User agrees that FXtra Network 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. FXtra Network will not
intentionally monitor or disclose any private E-mail message unless required by law.
FXtra Network 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. FXtra Network 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 FXtra Network
following payment of a reconnection charge, to be determined by FXtra Network in its sole
and absolute discretion.
Messaging
User agrees to limit their use of the FXtra Network service, specifically regarding the
use of FXtra Network's electronic (email) services, to the following restrictions:
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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.
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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 FXtra Network 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. FXTRA NETWORK RESERVES THE
RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF FXTRA NETWORK
SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER
PRE-PAYS FOR THEIR FXTRA NETWORK SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
FXTRA NETWORK 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 FXTRA NETWORK SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although FXtra Network advertises "Unlimited Bandwidth" in regards to some of
its services there are several limitations applied. The sole purpose of these
limitations are intended of unnecessary use of FXtra Network services by any such User,
which restricts system availability for other such Users. These limitations apply
only to Hosting offered by FXtra Network.
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 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 FXtra Network 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 FXtra Network services
by any such User, which restricts overall FXtra Network system availability for other such
Users. These limitations apply only to Dial-Up access services offered by FXtra
Network.
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 FXtra Network 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 FXtra Network 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.
Starnet 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 FXtra Network.
Service is provided as an unlimited service provided that you may not use the provided
connection as a dedicated connection.
ISDN Access Restrictions
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.
UU.net Access Restrictions
User agrees that for all UU.net 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.
Terms of Payment
A credit card User agrees to allow FXtra Network and/or PaySystems.com and/or PayPal 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 FXtra Network and/or
PaySystems.com and/or PayPal of any changes in credit card number or expiration
date. If the card is not honored for any reason, FXtra Network will attempt to
notify the card holder by using the telephone information given at sign-up or by
E-mail. FXtra Network 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 $15.00.
Dependant on service, product and payment
type selected, your invoice, credit card statement, or bank checking statement (for
checking drafts) will either reflect, FXtra, Inc., FXtra TC, FXtra Network,
PaySystems.com or PayPal. It is not necessary to notifiy FXtra, Inc.,
FXtra TC or FXtra Network of any change in account information if payment services are
provided by either PaySystems.com or PayPal as long as your account remains current.
It the User's responsibility to adhere to the policies of any third party billing
services used for payment transactions with FXtra, Inc., FXtra TC or FXtra Network.
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 FXtra Network 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 $15.00 will be added to charges for additional Service.
FXtra Network 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 FXtra Network utilizes an attorney to collect any unpaid amounts, User shall
be responsible for the payment of all of FXtra Network's attorneys' fees and costs in the
collection of these sums.
FXtra Network 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.
Right to Cancel
FXtra Network reserves the right to cancel Service for any reason without prior notice.
Pre-paid service is non-refundable. FXtra Network will not refund any
shipping or handling fees. Cancellations after the first of the month will be
charged for that month.
User must notify FXtra Network via telephone
or in writing to cancel Service. Cancellations shall not be honored by electronic
mail. Fees for any setup, shipping and handling, and monthly service charges placed
by FXtra Network are non-refundable.
No Confidentiality
Information transmitted through FXtra Network and through the Internet in general is not
confidential. FXtra Network cannot and shall not guarantee privacy or protection of
any User. FXtra Network 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
FXtra Network.
Customer Information
Unless required by court order, subpoena or other legal request, or upon the advice of
counsel, "Your Company Name" may publish User's name and other consumer
information in one or more directories which may be accessed by other Internet users.
In addition, unless User notifies "Your Company Name" to the contrary as
provided above, "Your Company Name" may make such information available to third
parties from time to time. 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.
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
FXtra Network does not and will not perform system backups on any User's E-mail
account(s). FXtra Network 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, FXtra Network will not
provide historical data, to any party for any reason, regarding any system or Internet
activity.
FXtra Network does not and will not perform
system backups on any websites or webspace. FXtra Network 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,
FXtra Network will not provide historical data, to any party for any reason, regarding any
system or Internet activity.
Failure to Comply With Terms and
Conditions
FXtra Network may deny User access to all or part of the Service without notice if User
engages in any conduct or activities that FXtra Network in its sole discretion believes
violates any of the terms and conditions in this Agreement. If FXtra Network denies
User access to the Service because of such a violation, User shall not have the right (1)
to access through FXtra Network 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 FXtra Network,
and FXtra Network 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
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 FXtra Network's system for periods exceeding (5)
five hours, in any single continuous session. User authorizes FXtra Network to
enforce these restrictions by appropriate software and network measures, automated and
manual.
User agrees to notify FXtra Network 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 FXtra
Network.
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.
FXtra Network'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.
FXtra Network 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 Ohio 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.
FXtra Network 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 FXtra Network.
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 FXtra Network as the defendant, shall be proper
only in a venue determined by FXtra Network.
In any action between FXtra Network and User
to enforce any of the terms of this Agreement, FXtra Network shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire
agreement between User and FXtra Network with respect to the Service.
Revised - 03/28/2002 |
