IP Global.net

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Terms of Service (TOS) and Acceptable Use Policy (AUP). Revised March 2004 IP Global, LLC agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below. In this TOS, .you,. .your,. .yours,. .user,. .account holder,. .subscriber,. and .client. refer to you our customer. .We,. .our,. .ours,. .us,. .its,. and .IPG,. and .IP Global.net. refer to IP Global, LLC. READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. Your continued use of IP Global.net.s services constitutes your acceptance of the Terms of Services (TOS) and Acceptable Use Policy (AUP), as amended or revised from time to time. Customer understands that revision or amendment to the Terms of Service (TOS) or Acceptable Use Policy (AUP) by IP Global.net shall not be grounds for early contract termination or non-payment. If you DO NOT AGREE with the TOS you should immediately discontinue your use of IP Global.net.s services and close your account pursuant to the Account Cancellation Policy. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of IP Global.net in operating the Service, User's sole and exclusive remedy is to discontinue using the Service pursuant to the Account Cancellation Policy. This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, County of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas. Warranty Disclaimer THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. IP Global.net exercises no control whatsoever over the content of the information passing through our system. Use of any information obtained via our service is at User's risk. Neither IP Global.net 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 IP Global.net 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 IP GLOBAL.NET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER IP GLOBAL 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 IP GLOBAL.NET, 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 IP GLOBAL.NET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, IP GLOBAL.NET.S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM. INDEMNIFICATION Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold IP GLOBAL.NET, its affiliates, its licensers, its contractors or their respective employees, shareholders, and officers 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 IP GLOBAL.NET, 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 IP GLOBAL.NET 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 IP GLOBAL.NET shall confer as to and agree on the legal counsel(s) to be selected in any such defense. Software Applications: User understands that the software Applications offered thru IP GLOBAL.NET are charged on a monthly subscription usage basis. User will have access to these Applications associated with the Service package under subscription for as long as their subscription is current. If User elects to cancel their subscription (pursuant to the Account Cancellation Policy), User agrees to remove all Applications from their computer and cease to use their functionality. In addition, IP GLOBAL.NET will disable the use of these Applications. If User continues to use the Applications after Service cancellation, IP GLOBAL.NET will charge User.s credit card on record ninety nine dollars for each software application in use after said cancellation on an annual basis. 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. IP GLOBAL.NET has no control over and accepts no responsibility whatsoever for such materials. Port 25 Restrictions User understands that port 25 is restricted for all outgoing mail servers. User must send mail through our mail server when connected to the network. Telephone Charges IP GLOBAL.NET is not responsible for tolls or other telephone charges resulting from long distance dialing or line usage. It is the sole responsibility of Account Holder to verify with the local telephone company that the access number used to access the IP GLOBAL.NET is a local call. Prohibited Uses Account Holder may not: restrict or inhibit any other user from using and enjoying the Internet; 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; post on webspace provided any sexually explicit materials or materials that may be offensive. post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component; 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); 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 right holder. upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto; send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING"); allow users to run Maillist, Listserv or any form of auto-responds from User's account; run or activate processes while User is not logged in; 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; 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 violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. IP GLOBAL.NET has no obligation to monitor the Service. However, User agrees that IP GLOBAL.NET 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. IP GLOBAL.NET will not intentionally monitor or disclose any private E-mail message unless required by law. IP GLOBAL.NET 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. IP GLOBAL.NET 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 IP GLOBAL.NET following payment of a reconnection charge, to be determined by IP GLOBAL.NET in its sole and absolute discretion. Messaging User agrees to limit their use of the IP GLOBAL.NET service, specifically regarding the use of IP GLOBAL.NET.S electronic (email) services, to the following restrictions: 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. 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 IP GLOBAL.NET service. Transmission of unsolicited email or promotional material: Users of IP GLOBAL.NET.S services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of this restriction will result in a TWENTY FIVE dollar penalty for each email address for which the unsolicited or promotional material was sent. All costs associated with the collection of this fee will be the responsibility of the violator. In addition, IP GLOBAL.NET reserves the right to prosecute the user for breach of this contract and the violating user acknowledges they have purposefully and intentionally damaged IP GLOBAL.NET.S brand and image in the marketplace. The violator agrees to pay any and all legal costs incurred by IP GLOBAL.NET associated with each violation. 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. Limitation of Dial-Up Services Non-Dedicated Access IP GLOBAL.NET.S NETWORK IS DESIGNED, PROVISIONED AND MANAGED TO SUPPORT TYPICAL CONSUMER INTERNET USAGE PATTERNS. IP GLOBAL.NET.S INTENT IS TO PROVIDE THE HIGHEST LEVEL OF SERVICE TO ITS ENTIRE CUSTOMER BASE. IP GLOBAL.NET RESERVES THE RIGHT TO UPGRADE TO COMMERCIAL LEVEL SERVICE, (AT THE THEN CURRENT COMMERCIAL DEDICATED ACCESS RATE AND TERMS) ANY ACCOUNT WHICH ATTEMPTS TO UTILIZE IP GLOBAL.NET.S NETWORK AS A DEDICATED INTERNET CONNECTION. ACCOUNT HOLDER AGREES TO PAY ANY AND ALL CHARGES ASSOCIATED WITH ANY UPGRADE TO COMMERCIAL LEVEL SERVICE. DEDICATED CONNECTIONS ARE DEFINED AS THE INTENT TO REMAIN CONTINUOUSLY CONNECTED TO THE IP GLOBAL.NET NETWORK. Inactivity IP GLOBAL.NET maintains the right to terminate any user's connection following an extended period of inactivity as determined by IP GLOBAL.NET. ACCOUNT CANCELLATION POLICY IP GLOBAL.NET reserves the right to cancel Service for any reason without prior notice. All cancellations initiated by customer require thirty (30) days advance notice. Cancellations may be made by phone (713.353.4100 Attention: Support) or by E-mail (support @ ipglobal.net). Please provide your username, password, and billing information, and the termination effective date. No Confidentiality Information transmitted through IP GLOBAL.NET and through the Internet in general is not confidential. IP GLOBAL.NET can not and shall not guarantee privacy or protection of any User. IP GLOBAL.NET 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 IP GLOBAL.NET and its customers. 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, simultaneous log-ins, 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. Payments/Billing ALL PAYMENTS TO IP GLOBAL.NET ARE NONREFUNDABLE. All accounts will be renewed for the identical term on the Anniversary date, unless you notify us to the contrary at least thirty (30) days prior to your anniversary date. Credit Card customers will receive notification when their card has been charged. Customers paying by check will be billed either by mail or E-mail at our discretion. Credit cards declined for any reason are subject to a $ 5.00 declination fee. Checks returned for any reason will be subject to a $ 30.00 returned item fee. Service suspended for non-payment will be subject to a $ 10.00 reconnection fee. Uncollectible accounts will be referred to an outside agency-customer will be responsible all collection costs and fees. No System Backup IP GLOBAL.NET does not and will not perform system backups on any User's E-mail account(s) or hosted Websites. IP GLOBAL.NET shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, or Website contents regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, IP GLOBAL.NET will not provide historical data, to any party for any reason, regarding any system or Internet activity. Failure to Comply With Terms and Conditions may deny User access to all or part of the Service without notice if User engages in any conduct or activities that IP GLOBAL.NET in its sole discretion believes violates any of the terms and conditions in this Agreement. If IP GLOBAL.NET denies User access to the Service because of such a violation, User shall not have the right (1) to access through IP GLOBAL.NET 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 IP GLOBAL.NET, and IP GLOBAL.NET 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 Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Use of the IP GLOBAL.NET service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software, is strictly prohibited. Account holders who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software available from IP GLOBAL.NET, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. User agrees to notify IP GLOBAL.NET if User moves or otherwise changes his or her mailing address or phone number, and to provide a truthful name, postal address and telephone number to IP GLOBAL.NET. User my provide notification by e-mail (support@ipglobal.net), by phone (713.353.4100), or mail (IP Global.Net 3950 Braxton, Suite 102 Houston, Texas 77063 Attention: Customer Support). 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. IP GLOBAL.NET.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. IP GLOBAL.NET 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. IP GLOBAL.NET 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, terrorist acts, 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 IP GLOBAL.NET.

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