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Spydee Internet, An iConnect Direct, Inc Company.
Terms of Service
I. The phrase "Spydee" refers to Spydee Internet, An
iConnect Direct, Inc Company. The phrase "subscriber" refers to the
person or entity accepting this contract.
II. This agreement shall take effect upon account activation request
by the subscriber and be accepted by Spydee as evidenced by activation
of the subscriber's account. This agreement shall remain in effect
thereafter and be automatically renewed until terminated by written
notice from the subscriber, to be received at least 5 business days
prior to the last day of the month, 3 months, or yearly contract
or may be charged for additional month.
III. Subscriber expressly agrees that the use of Spydee software and
the Internet are at subscribers sole risk. Spydee software, and the
Internet are provided "AS IS" .
IV.Charges for access must be paid in advance. Payment for existing
accounts must be received five (5) business days prior to the expiration
date of the account in order to insure uninterrupted access to your
account. If payment is not received within five (5) business days,
Spydee reserves the right to charge the subscriber a $20.00 reactivation
charge. Returned checks are subject to a charge of $25.00. Delinquent
accounts are subject to a reasonable collection and legal fees as
well as interest accrued at 1.5% per month, or the state legal interest
rate, whichever is lower. Credit card subscribers agree to pay all
billed amounts according to the card issuer agreement until the
subscriber cancels the account in writing or discontinues credit
card billing.
V. Either Subscriber or Spydee may terminate your membership at
any time. Subscriber membership fees are payable in advance and
are not refundable in whole or in part. You can terminate your membership
by delivering notice to Spydee. All account cancellation should
be done in writing via US Mail to: Spydee Internet, P.O. Box 115
Oak Ridge, NJ 07438 or faxing it to (973208-6370. Your termination
will take effect within a reasonable time after Spydee Corporation
receipt of your notice.
VI. It shall be the responsibility of the subscriber to keep Spydee
informed of a valid mailing address to which the notices can be
sent.
VII. PPP service users agree that they will use the service only
to connect a single personal computer to the network. Violation
of this will result in suspension of the service without refund.
VIII. You are responsible for all charges associated with connecting
to Spydee. YOU AGREE THAT ANY TELEPHONE CHARGES INCURRED ARE YOUR RESPONSIBILITY.
You should check with the local phone company to determine whether
any specific access number is a local call.
IX. Spydee will have ten (10) minute inactivity time outs on all non
dedicated accounts and subscribers agree not to use artificial means
to defeat these time-outs.
X. Spydee defines Unlimited Internet Access as "Unlimited internet
is defined as intended for reasonable use by consumers. Limitations
apply to excessive usage such as excessive number of calls during
a fixed period, heavy usage during business hours or heavy usage
concentrated over consecutive days. Users accessing the service
via a dial-up connection, may have the user session terminated if
the User is connected for over 6.0 hours continuously. Users exceeding
200 hours in a calendar month will have their service interrupted
until the next calendar month. Anyone attempting to remain on line
continuously by automatically redialing after being disconnected
may be canceled in order to protect our network resources and maintain
service availability for others.".
XI. At its sole discretion, Spydee shall have the right to substitute
equivalent service for the duration of an unexpired contract, or
to refund the fees paid on a prorated basis.
XII. Spydee services are provided for the use of the subscriber agreeing
to these terms alone. Resale or use of the subscriber's privileges
and connection with Spydee by any other person or any other organization
can be negotiated with Spydee.
XIII. Spydee exercises no control whatsoever over the content of the
information passing through Spydee. Spydee makes no warranties of any
kind, whether expressed or implied, for the service it is providing.
also disclaims any warranty of merchantability or fitness for a
particular use, and any obligation to maintain the confidentiality
of information, although Spydee's current practice is to utilize reasonable
efforts to maintain such confidentiality. Spydee will not be responsible
for any damage the subscriber suffers from the use of Spydee's services.
This includes loss of data resulting from delays, non-deliveries,
mis-deliveries, or service interruptions caused by its own negligence
or the subscriber's errors or omissions, or due to any inadvertent
release or disclosure of information sent by the subscriber. Use
of any information obtained by Spydee's services is at your own risk.
Spydee specifically denies any responsibility for the accuracy or quality
of information obtained through its services.
XIV. All services provided to the subscriber by Spydee may only be
used for lawful purposes . Transmission or storage of any information,
data, or material in violation of any US Federal or state regulation
or law is prohibited. This includes, but is not limited to material
protected by copyright, trade secret, or any other statutes, threatening
material or obscene material. The subscriber agrees to indemnify
and hold harmless Spydee from any claims resulting from the subscriber's
use of the service which damages either the subscriber or another
party or parties.
XV. The use of Spydee to transmit certain kinds of information (including
without limitation, computer software and other technical data)
may violate export control laws and regulations of the United States,
whether the information is received abroad or by foreign nationals
within the United States. Since Spydee exercises no control whatsoever
over the content of information passing through Spydee, the entire
burden of complying with such laws and regulations rests with the
subscriber. The subscriber agrees to comply with such laws and regulations
and to indemnify and hold Spydee harmless from any damages it may suffer
from any violation of the export control laws of the United States.
XVI. Any access to other networks connected to Spydee must comply
with the rules appropriate for those networks. Use of Spydee itself
may be for any lawful purpose. Use of Spydee for commercial purposes
is permitted.
XVII. The subscriber agrees that Spydee has the right to delete all
data, files, or other information that is stored in the subscriber's
account if the subscriber's account with Spydee is terminated, for
any reason, by either Spydee or the subscriber.
XVIII. Spydee reserves the right to suspend or terminate any account
upon discovery of its involvement in (included but not limited to)
the following activities or events:
a) use of two or more modems at the same time by a single account.
b) perpetration of unlawful activities.
c) use of Spydee as a platform for Hacking, Port Scanning, Denial of
Service attacks or gaining unauthorized access to other systems.
d) tampering with or violating the privacy of other Subscriber's
files.
e) overuse of system resources including spawning excess processes
or processes that persist after the Subscriber is no longer connected.
f) sufficiently severe and/or repeated net etiquette violations,
in Spydee’s sole discretion.
g) sending unsolicited email or excessive multi posting to Usenet
groups.
XIX. All individuals accessing Spydee represent to Spydee that they are
eighteen (18) years of age or older. If under eighteen (18) years
of age, such individual is not permitted to access Spydee unless the
express agreement of such individual's parent or legal guardian
has been furnished to Spydee. Certain material available through Spydee
may not be suitable for individuals under the age of eighteen (18).
XX. If the Subscriber is under the age of eighteen (18), the "Consent
for use of Spydee Services by a minor" section below must be agreed
by parent or legal guardian.
XXI. Spydee's rates are subject to change. All subscribers will be
notified in advance of any such change. These Terms and Conditions
supersede all previous representations, agreements or understandings
and shall prevail notwithstanding any variance with terms and conditions.
XXII. System Backups - We do not and will not perform system backups
on any User's E-mail account(s). We 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, we will not provide historical
data, to any party for any reason, regarding any system or Internet
activity.
Although we do perform system backups on hosting content, we shall
not be held responsible for any lost web data, web files, or any
web site contents, regardless of the reasoning for data loss or
system causes. User should always keep their own backup of their
web site. Except as otherwise set forth herein, we will not provide
historical data, to any party for any reason. regarding any system
or Internet activity.
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