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Terms
Of Service
End
User Terms of Service
Note:
All your users are bound by these terms of service.
Silicon Barrio Associates, Inc. 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.
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.
Silicon Barrio Associates, Inc. exercises no control whatsoever over the content
of the information passing through Silicon Barrio Associates, Inc. system. Use
of any information obtained via Silicon Barrio Associates, Inc. is at User's
risk. Neither Silicon Barrio Associates, Inc. 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 Silicon Barrio
Inc, .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 Silicon Barrio Associates, Inc., ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER
Silicon Barrio Associates, Inc. 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 Silicon Barrio Associates, Inc., 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
Silicon Barrio Associates, Inc. IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER
THE TERMS OF THIS AGREEMENT, Silicon Barrio Associates, Inc. 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 Silicon Barrio Associates, Inc. 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 Silicon Barrio Associates, Inc., 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 Silicon
Barrio Inc, .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 Silicon Barrio Associates, Inc. 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 Silicon Barrio Associates, Inc. shall
confer as to and agree on the legal counsel(s) to be selected in any such
defense.
Age Limit
User represents to Silicon Barrio Associates, Inc. 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. Silicon Barrio Associates, Inc. has no control over and
accepts no responsibility whatsoever for such materials.
Prohibited Uses
User 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 web space 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 Mail list, 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 ping bots 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.
Silicon Barrio Associates, Inc. has no obligation to monitor the Service. However,
User agrees that Silicon Barrio Associates, Inc. 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. Silicon Barrio Associates, Inc. will not intentionally monitor or
disclose any private E-mail message unless required by law. Silicon Barrio
Inc, .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. Silicon
Barrio Inc, .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 Silicon Barrio Associates, Inc. following payment
of a reconnection charge, to be determined by Silicon Barrio Associates, Inc.
in its sole and absolute discretion.
Messaging
User agrees to limit their use of the Silicon Barrio Associates, Inc. service,
specifically regarding the use of Silicon Barrio Associates, Inc. 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 Silicon Barrio Associates, Inc. service.
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. Silicon Barrio Associates, Inc.
RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN
PAYMENT OF Silicon Barrio Associates, Inc. SERVICES, A ONE-TIME FEE OF $200 PER
VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR SILICON
BARRIO INC, .NET SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
Silicon Barrio Associates, Inc. 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 Silicon Barrio Associates, Inc. SERVICES FOR
VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although Silicon Barrio Associates, Inc. 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 Silicon Barrio Associates, Inc. services by any such User, which restricts
system availability for other such Users. These limitations apply only
to Hosting offered by Silicon Barrio Associates, Inc.
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 Silicon Barrio Associates, Inc. advertises "Unlimited Access"
in regards to some of its Dial-Up services, there are several limitations
applied. The sole purpose of these limitations are intended to limit the
amount of unnecessary use of Silicon Barrio Associates, Inc. services by any
such User, which restricts overall Silicon Barrio Associates, Inc. system availability
for other such Users. These limitations apply only to Dial-Up access services
offered by Silicon Barrio Associates, Inc.
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 Silicon
Barrio Inc, .net 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 Silicon Barrio Associates, Inc.
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.
Network 2 & 3 Access Restrictions
Access is unlimited, but 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 Silicon Barrio Associates, Inc. Service is provided
as an unlimited service provided that you may not use the provided connection
as a dedicated connection.
Network 1 Access Restrictions
User agrees that for all UU.net locations (Network 1), that they will
be limited to 150 hours of access per month. If a customer exceeds the
150-hour limit, their account will be temporarily disabled until the first
of the next month.
Terms of Payment
A credit card User agrees to allow Silicon Barrio Associates, Inc. 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 Silicon Barrio
Inc, .net of any changes in credit card number or expiration date. If
the card is not honored for any reason, Silicon Barrio Associates, Inc. will
attempt to notify the card holder by using the telephone information given
at sign-up or by E-mail. Silicon Barrio Associates, Inc. will call the cardholder,
and if alternative billing has not been established, the account will
be terminated. Restoring the account will be subject to a setup fee of
$10.00.
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
Silicon Barrio Associates, Inc. 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 $10.00 will be
added to monthly charges for additional Service.
Silicon Barrio Associates, Inc. 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 Silicon Barrio Associates, Inc. utilizes an attorney to collect
any unpaid amounts, User shall be responsible for the payment of all of
Silicon Barrio Associates, Inc. attorneys' fees and costs in the collection
of these sums.
Silicon Barrio Associates, Inc. reserves the right to change prices at any time
without prior notice to its 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
Silicon Barrio Associates, Inc. reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is refundable, but prorated
based on the monthly account. Silicon Barrio Associates, Inc. will not refund
any shipping or handling fees. Cancellations after the first of the month
will be charged for that month.
User must notify Silicon Barrio Associates, Inc. via telephone, email, or in
writing to cancel Service. Fees for any setup, shipping and handling,
and monthly service charges placed by Silicon Barrio Associates, Inc. are non-refundable.
User must give a 30 day notice prior to user's intended cancellation date
to avoid a cancellation fee equal to one month of user's current service
plan.
No Confidentiality
Information transmitted through Silicon Barrio Associates, Inc. and through the
Internet in general is not confidential. Silicon Barrio Associates, Inc. cannot
and shall not guarantee privacy or protection of any User. Silicon Barrio
Inc, .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 Silicon Barrio Associates, Inc.
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 login 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
Silicon Barrio Associates, Inc. does not and will not perform system backups
on any User's E-mail account(s). Silicon Barrio Associates, Inc. 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, Silicon Barrio Associates, Inc.
will not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Silicon Barrio Associates, Inc. does not and will not perform system backups
on any web sites. Silicon Barrio Associates, Inc. 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, Silicon Barrio Associates, Inc. will not provide historical data,
to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
Silicon Barrio Associates, Inc. may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that Silicon
Barrio Inc, .net in its sole discretion believes violates any of the terms
and conditions in this Agreement. If Silicon Barrio Associates, Inc. denies User
access to the Service because of such a violation, User shall have not
right (1) to access through Silicon Barrio Associates, Inc. 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 Silicon Barrio Inc,
.net, and Silicon Barrio Associates, Inc. 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 Silicon
Barrio Inc, net’s system for periods exceeding (8) eight hours, in any
single continuous session. User authorizes Silicon Barrio Associates, Inc. to
enforce these restrictions by appropriate software and network measures,
automated and manual.
User agrees to notify Silicon Barrio Associates, Inc. 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
Silicon Barrio Associates, Inc.
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.
Silicon Barrio Associates, Inc. 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.
Silicon Barrio Associates, Inc. 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 New York 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.
Silicon Barrio Associates, Inc. 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 Silicon
Barrio Inc, .net.
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 Silicon Barrio Associates, Inc. as the defendant, shall be proper
only in a venue determined by Silicon Barrio Associates, Inc.
In any action between Silicon Barrio Associates, Inc. and User to enforce any
of the terms of this Agreement, Silicon Barrio Associates, Inc. shall be entitled
to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and Silicon
Barrio Inc, .net with respect to the Service.
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