> Contact
> About Us
> Our Facility and Network
> Careers
Policies
- Cancellations
- Terms of Service
|
By using Earthnet's Internet Services you agree
to the following Terms of Service. Please
read them carefully.
SUMMARY OF TERMS OF SERVICE
|
A.
|
You agree to provide true
and accurate information about yourself during the sign-up
process.
|
|
B.
|
You agree not to use the
service for illegal purposes or for the transmission
of material that is unlawful, harassing, libelous, invasive
of another's privacy, abusive, threatening, harmful,
vulgar, obscene, tortuous, or otherwise objectionable,
or that infringes or may infringe on the intellectual
property or other rights of another.
|
|
C.
|
You agree not to use the
service for the transmission of "junk mail",
"spam", "chain letters", or unsolicited
mass distribution of e-mail.
|
| D. |
You agree that Earthnet may,
in their sole discretion terminate your service if it
is believed you have violated the Terms of this agreement
in any way.
|
| E. |
You agree to Earthnet's payment
terms such that all accounts are pre-pay. Any account
prepaying from month to month is given a 21 day grace
period after which a late fee is accrued. Discounts
are awarded such that for any account that prepays:
for every 6 month prepayment, one month is free. (All
contractual services are exempt from the prepay discount
and must pay according to the contract terms.) |
| I. |
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
The service provided by Earthnet is done solely under
the terms and conditions of this Earthnet Terms of
Service and any amendment thereto, and any operating
rule and policies that may be published from time
to time. The Earthnet Terms of Service comprises the
entire agreement between Earthnet and User and supercedes
any prior agreement related to the subject matter
herein. BY CONTINUING TO USE EARTHNET'S INTERNET SERVICES
YOU ARE AGREEING TO BE BOUND BY THIS TERMS OF SERVICE
AGREEMENT.
|
| II. |
|
DESCRIPTION OF SERVICES |
| |
|
If Earthnet is providing the User with: |
| |
A. |
Internet Access
Earthnet is providing User with
the capability to access the Internet and World Wide
Web.
|
| |
B. |
E-mail Services
Earthnet is providing User with the
capability to send and receive electronic mail via
the World Wide Web.
|
| |
C. |
Web Development
Earthnet is providing User with web
page design. Earthnet is responsible for the content
and html only so much as the signed Web Development
Contract decrees. User has the option of a continuance
contract for maintenance and revisions of the design
via contractual agreement only.
|
| |
D. |
Web Hosting
Earthnet is providing User with the capability to
host a website (s) on Earthnet's hardware.
Earthnet is responsible for the technical environment
pertaining to that hosting.
Earthnet is not responsible for the webpage's functioning
except as decreed in a Web Development Contract.
|
| |
E. |
Colocation
Earthnet is providing User with the capability to
place on Earthnet's physical location a User owned
server, and share in Earthnet's Internet connectivity.
Earthnet is responsible for the physical well being
of the hardware including security and power back-ups.
Earthnet is not responsible for the functioning of
the co-located machines hardware or software unless
decreed in a Web Colocation Contract.
|
| |
F. |
eCommerce
Earthnet is providing user w/ the
capability of electronic commerce. Earthnet will set-up
the page according to the eCommerce Contract and will
be responsible for the functioning pertaining to that
set-up.
|
| |
|
|
| III. |
|
MODIFICATIONS TO TERMS OF SERVICE
Earthnet may change the Terms
of Service from time to time. User will be notified
via e-mail or postal mail. Continuation of use of
Earthnet's services will be considered an agreement
to the change of terms.
|
| IV. |
|
MODIFICATIONS TO SERVICE
Earthnet reserves the right to modify, discontinue,
temporarily or permanently, the Service with or without
any notice to user.
|
| V. |
|
EARTHNET'S MAIL PRIVACY POLICY
Earthnet considers all e-mail transmitted
via the service to be the private correspondence between
sender and recipient. Earthnet will not monitor, edit,
or disclose the contents of a user's e-mail communications,
except that User agrees Earthnet may do so: (a) as
required by law; (b) to comply with the legal process;
(c) if necessary to enforce the Terms of Service;
(d) to respond to claims of third party violations;
(e) to protect the rights and property of Earthnet
or others.
User understands and agrees that technical
processing of e-mail communications is and may be
required, (a) to send and receive messages, (b) to
conform to the technical requirements of connecting
networks, (c) to conform to the limitations of the
Service; or (d) to conform to other, similar requirements.
User acknowledges that Earthnet does
not endorse the content of any user communications
and are not responsible or liable for any unlawful,
harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, tortuous, or otherwise objectionable
content, or content that infringes on the intellectual
property or other rights of another.
|
| VI. |
|
USER ACCOUNT AND PASSWORD SERCURITY
User will receive a password and account
designation upon completing the sign-up process. User
is responsible for maintaining the confidentiality
of the password and account, and is fully responsible
for all activities that occur under User's account
and password. User agrees to notify Earthnet immediately
of any unauthorized use of User's password, account
or any other breach of security.
|
| VII. |
|
USER CONDUCT
User agrees to abide by all applicable
local, state, national, and international laws and
regulations in User's use of Earthnet's Service, and
agrees not to interfere with the use of the service
by other users. User agrees to be solely responsible
for the contents of user's transmissions through the
service.
User agrees (a) not to use the Service
for illegal purposes; (b) not to interfere with or
disrupt the Service or servers or networks connected
to the Service; (c) to comply with all requirements,
procedures, policies and regulations of networks connected
to the Service; and (d) to comply with all applicable
laws regarding the transmission of technical data
exported from the United States.
User agrees not to transmit through
the Service any unlawful, harassing, libelous, privacy
invading, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind. User
agrees not to transmit any material that violates
the rights of another, including but not limited to
the intellectual property rights of others. User agrees
not to transmit any material that violates any applicable
local, state, national, or international law or regulation.
User agrees not to attempt to gain unauthorized access
to other computer systems or networks connected to
the Service. Finally, User agrees not to transmit
"junk mail", "spam", "chain
letters", or unsolicited mass distribution of
e-mail.
|
| VIII. |
|
INDEMNITY
User agrees to indemnify and hold
Earthnet, and their parents, subsidiaries, affiliates,
officers, and employees, harmless from any claim or
demands, including reasonable attorneys' fee, made
by any third party due to or arising our of User's
use of the service, connection to the Service, violation
of the Terms of Service, or violation of any right's
of another.
|
| IX. |
|
EMAIL STORAGE
Earthnet assumes no responsibility
for the deletion or failure to store email messages.
Earthnet may establish a limit on the size of message
storage it will maintain for User.
|
| X. |
|
DATA STORAGE
Earthnet does not provide or guarantee any
backups whatsoever, therefore the client is responsible for
backing up their data. Client agrees to withhold any legal
actions against Earthnet if the event of data loss occurs.
EARTHNET IS NOT RESPONSIBLE FOR LOSS OF CLIENTS DATA, AND
CLIENT AGREES THAT IN NO EVENT SHALL EARTHNET BE LIABLE FOR
ANY DATA/INFORMATION/CONTENT/CODE/DESIGN/PROGRAM LOSS.
|
| XI. |
|
TERMINATION
User agrees that Earthnet may terminate
User's password, account or use of the Service if
Earthnet believes that (a) User has violated the Terms
of service, (b) that User that violated the rights
of Earthnet or other Users or parties. User further
agrees that Earthnet may suspend or terminate user's
password, account or use of Service if User fails
to pay the required fees, including a maximum aged
balance of two months, or 60 days.
User agrees that any suspension or
termination of service under this agreement may be
done without prior notice, and acknowledges that Earthnet
may immediately delete any e-mail or files in User's
account and bar any further access to such files or
the Service.
|
| XII. |
|
DISCLAIMER OF WARRENTIES
USER AGREES THAT USE OF THIS SERVICE
IS AT USER'S OWN RISK.
USER UNDERSTANDS AND AGREES THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT
USER'S OWN DISCRETION AND RISK AND THAT USER WILL
BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTERSYSTEM
OR LOSS OF DATA THAT RESULTS FROM DOWNLOAD OF SUCH
MATERIAL/DATA.
EARTHNET MAKES NO WARRANTY FOR GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM
THE SERVICE OR ANY TRANSACTIONS ENTERED THROUGH EARTHNET'S
SERVICE.
NO ADVISE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY USER FROM EARTHNET OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
|
| XIII. |
|
LIMITATION OF LIABILITY
USER AGREES THAT EARTHNET SHALL NOT BE RESPONSIBLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSITITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES
OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF EARTHNET HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURHTER AGREES THAT EARTHNET
SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATIION WAS JUSTIFIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTANT OR ADVERTANT.
SOME JURISDICITONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
|
| XIV. |
|
NOTICE
Any notice to User or to the
Service shall be made via e-mail or postal mail. The
Service may also provide notices of changes to the
Terms of Service or other matters by generally displaying
notices on the Service.
|
| XV. |
|
GENERAL
The Terms of Service and the relationship
between User and Earthnet shall be governed by the
laws of the State of Colorado without regard to its
conflict of law provisions. User and Earthnet agree
to submit to the personal and exclusive jurisdiction
of the courts located within the state of Colorado.
The failure of Earthnet to exercise
or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such rights
or provision. If any provision of the Terms of Service
is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions
of the Terms of Service remain in full force and effect.
User agrees that regardless of any
statute or law to the contrary, any claim or cause
of action arising from the use of the Service of the
Terms of Service must be filed within one year after
such claim or cause of action arose or forever be
barred.
The section titles in the Terms of
service are for convenience only and have not legal
or contractual effect.
|
|
