Last Updated: 2000-11-21 00:00:00
1. The benefits or rights conferred by this agreement are nontransferable. Use of ISC ONLINE accounts is expressly limited to the individual or business whose name appears on the account.
2. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, ISC ONLINE reserves the right to cooperate with all or any law enforcement agencies.
3. Reselling of your web space is prohibited unless expressly contracted with ISC ONLINE.
4. ISC ONLINE offers unlimited access to the Internet through our dial-up accounts. This means that you are free to dial into the Internet using our service at any time of the day or night and on any day of the year, and you may do so on an unlimited basis for as long as you are at your computer or other Internet access device and are actively using the connection for e-mail, browsing the Web, chat, usenet, et cetera.
5. ISC ONLINE unlimited access dialup connections are not intended to be full-time dedicated connections and we reserve the right to disconnect a user for inactivity or for using what we consider an excessive amount of time online. Based on our experience with a large number of users, we interpret a "long-term" connection to be a session of 6 hours or longer. In the event that your sessions regularly exceed 6 hours, we reserve the right to charge you; to require that you upgrade your service to a dedicated connection, or to terminate your account.
6. Using any means to keep a connection open other than through normal Internet usage is not permitted. This includes, but is not limited to, having the computer continually check for incoming email while you are away. If you find that you need a full-time connection, please contact us.
7. Unless specifically contracted for a full-time dialup connection, User may not remain connected when not at his/her computer or Internet Device.
8. ISC ONLINE reserves the right to limit continual connection times system wide or at a particular POP (Point of Presence) when deemed necessary and appropriate by the staff of ISC ONLINE. This does not limit the user's access to the Internet on a daily basis, only the amount of time allowed on one continuous connection.
9. User is responsible for all use of User's account and confidentiality of password. We will suspend access or change access to User's account immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised. ISC ONLINE is not liable for any usage and or charges prior to ISC ONLINE making the necessary account alteration.
10. User is responsible for all local and long-distance telephone charges for connecting to ISC ONLINE.
11. User agrees to pay ISC ONLINE all charges relating to the use of User's account according to rates and prices stated online at the time of commencement of that subscription term.
12. ISC ONLINE reserves the right to change prices/rates at any time upon 30 days notice to subscribers.
13. ISC ONLINE users may use their account at any location or locations they choose under the following terms. a. An individual account may NOT be used by persons not a member of the immediate family.
b. A business account purchased by an employer for an employee may not be used by that employee at home as a personal account. It may, however, by used on a laptop computer if the employee uses such a computer while away from the employment location as part of a business trip or the regular duties of his/her employment.
14. ISC ONLINE reserves the right to suspend access to service for User's account upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
15. The ISC ONLINE service is provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to ISC ONLINE or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by ISC ONLINE or its providers.
16. Neither ISC ONLINE nor its Information Providers are responsible for any damages arising from User's use of ISC ONLINE or by User's inability to use ISC ONLINE's service.
17. ISC ONLINE reserves to right to change without notice the ISC ONLINE service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
18. ISC ONLINE is not responsible for User's personal files residing on ISC ONLINE. User is responsible for independent backup of his her data stored on ISC ONLINE.
19. ISC ONLINE reserves the right to delete User's personal files after one or both parties terminate agreement.
20. ISC ONLINE reserves the right in its sole discretion to delete any information entered into ISC ONLINE by User. ISC ONLINE and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
21. User hereby agrees that any material submitted for publication on ISC ONLINE through user's account does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on ISC ONLINE.
22. ISC ONLINE, at its sole business judgment, may terminate this Agreement immediately or suspend User's access to the service upon any breach of this Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of ISC ONLINE that User may be performing activities harmful to ISC ONLINE or its Users, employees, vendors, business relationships or any other users of the Internet.
23. Sexual images and illegal material on your web pages are prohibited.
24. User may not run publicly accessible "services" such as SMTP, HTTP, MUD or IRC servers unless expressly contracted with ISC ONLINE.
25. The following violations of "netiquette" are grounds for immediate termination of service. When these violations occur, it puts our company at risk with our own provider(s) and with other ISPs. Due to their serious nature, and the work it takes for us to "undo" the damage, there is a PENALTY assessed for each violation in the amount of $100.00 per occurrence.
a. Posting a single article or substantially similar articles (SPAM) to an excessive number of newsgroups or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
b. Sending unsolicited commercial mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
c. Engaging in either (a) or (b) from a provider other than ISC ONLINE and using an account on ISC ONLINE as a mail drop (or website) for responses.
d. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by ISC ONLINE.
e. Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet or BBS service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.)
f. Use of IRC "bots" on ISC ONLINE, whether on our IRC server or any other. Such software may not be stored on ISC ONLINE.
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by ISC ONLINE.
26. Posting a single article or substantially similar articles (SPAM) to an excessive number of newsgroups or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
27. This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the State of Michigan.
28. ISC ONLINE may modify these terms and conditions upon notice published Online via ISC ONLINE. User's use of ISC ONLINE services after such notice shall constitute User's acceptance of the modifications to this Agreement.
29. Non-enforcement of any section of this Agreement does not constitute consent and ISC ONLINE reserves the right to enforce this Agreement at its sole discretion.
30. If any one or more paragraphs in this Agreement are found to be unenforceable or invalid, User's and ISC ONLINE's agreement on all other paragraphs shall remain valid.
31. Monthly Dues must be paid on a timely basis to maintain User's membership privileges. Monthly dues charged to Credit Card AUTO-BILLING (if applicable) will continue regardless of your use unless and until you expressly cancel the auto-billing, which you may do at any time, unless bound by a specific term or agreement.
32. When paying by check or Credit Card, User expressly authorizes ISC ONLINE to collect from User a penalty fee of up to $25 for a returned check or Credit Card chargeback.
33. The User is in default of this Contract if:
34. Any User covered by this contract fails to obey any present or future ISC ONLINE rule or regulation; or
35. We do not receive a monthly payment on or before its due date; or
36. Any material statement by the User in this contract is false.
37. Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
38. In the event the User defaults on this contract, ISC ONLINE may suspend or revoke the User's membership privileges and the User may have to reapply for membership at the price ISC ONLINE is charging to new members.
39. The User agrees to pay ISC ONLINE's reasonable attorney's fees and court costs, where permitted, in collecting the amount due in the User's contract or subscription agreement, including the collection of returned checks and charged back credit card transactions.
40. Communication systems are subject to degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of ISC ONLINE.
41. ISC ONLINE may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
42. In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by customer.
43. ISC ONLINE reserves the right to terminate or change priority of any process started by said user.
44. ISC ONLINE reserves the right to collect damages (software, hardware & man hours) if any harm is done (due to USER'S negligence) to ISC ONLINE which requires repair or reconfiguration of any kind.
45. These terms and conditions supersede all previous oral, written or electronic statements and may be revised or replaced at any time.