These Terms and Conditions are subject to change without notice; a current copy thereof will always be available on-line. Continued usage of your account after a new term or condition has gone into effect constitutes acceptance of that policy. We encourage you to regularly check the Acceptable Use Policy for any changes.
If you do not agree to these terms and conditions, please notify SpearNet.Net at (409)385-5241 during normal office hours so we can terminate your services. Failure to notify SpearNet.Net shall constitute your approval.
To post messages substantially similar in content to ten (5) or more Usenet or other newsgroups, forums, listservs or other similar groups or lists (each a "List").
Sending e-mail to more than 20 recipients on one message is not allowed.
Mass mailing is not allowed. This includes opt-in and FFA mail lists.
To send Unsolicited E-mail, if such Unsolicited E-mail could reasonably be expected to provoke complaints. Except as otherwise defined under applicable law, "Unsolicited E-mail" does not include any message addressed to an individual (i) with whom the sender has a preexisting and ongoing business or personal relationship, (ii) from a noncommercial organization or entity of which the individual is a preexisting member or (iii) a posting to a list that does not otherwise violate this Policy.
Using SpearNet.Net servers to relay unsolicited commercial e-mail.
Harassing others by "mail-bombing" or "news-bombing".
Port scanning or other acts used to hack other person's computers.
Forging any message header, in part or whole, of any electronic transmission, originating or passing through SpearNet.Net service.
To falsify user information provided to SpearNet.Net or to other users of the service in connection with use of a SpearNet.Net service.
To engage in any of the foregoing activities by using the service of another provider, but channeling such activities through a SpearNet.Net provided network account, remailer, or otherwise through a SpearNet.Net service or using an SpearNet.Net account as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party’s service could reasonably be expected to adversely affect a SpearNet.Net service or a SpearNet.Net provided network.
To engage in any other activity which is either in violation of law, threatens the integrity of any computer system without the owner's consent, or violates generally accepted standards of Internet conduct and usage including but not limited to denial of service attacks; web page defacement; port and network scanning and unauthorized system penetration.
SpearNet.Net considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by SpearNet.Net Acceptable Use Policy. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to SpearNet.Net services in accordance with the customer’s agreement with SpearNet.Net.
In addition, SpearNet.Net reserve the right, where feasible, to implement technical mechanisms which block postings and messages as described above before they are forwarded or otherwise sent to their intended recipients. Port 25 is blocked. You can only use SpearNet's outgoing mail servers for sending email.
This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, SpearNet.Net terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and SpearNet.Net will respond as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit SpearNet.Net, in it's actions or remedies in any way with respect to any of the foregoing activities, and SpearNet.Net reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the SpearNet.Net service, and levying cancellation charges to cover SpearNet.Net costs in the event of disconnection of dedicated access for the causes outlined above. In addition, SpearNet.Net reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Due to the Network contract between SpearNet.Net and it's Network Provider, we MUST enforce the following restrictions to the dial-up network. To prevent "parking" on dial-up lines, we have imposed a 15 minute inactivity disconnect and a 8 hour continuous connection disconnect (session limit). If any end-user connection exceeds normal usage a day averaged over a month period of total connect time, we reserve the right to cancel the end-user account without notice to you. Normal usage is considered to up to 8 hours a day, or a max of 250 hours per month.
If you have any questions or problems with this policy call SpearNet.Net ISP immediately at 409-385-5241.
Note: All your users are bound by this terms of service.
SpearNet.Net ISP. ("SpearNet.Net ISP") agrees to provide you with those services set forth on the Application subject to User's compliance with the terms and conditions below.
SpearNet.Net ISP exercises no control whatsoever over the content of the information passing through SpearNet.Net ISP'S system. Use of any information obtained via SpearNet.Net ISP is at User's risk. Neither SpearNet.Net ISP 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 SpearNet.Net ISP 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 SpearNet.Net ISP, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER SpearNet.Net ISP 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.
UNDER NO CIRCUMSTANCES SHALL SpearNet.Net ISP, 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 SpearNet.Net ISP IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, SpearNet.Net ISP'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRORATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of SpearNet.Net ISP in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold SpearNet.Net ISP, 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 SpearNet.Net ISP, 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 SpearNet.Net ISP 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 SpearNet.Net ISP shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
User represents to SpearNet.Net ISP 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.
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. SpearNet.Net ISP has no control over and accepts no responsibility whatsoever for such materials.
post on web space provided any sexually explicit materials or materials that may be offensive.
SpearNet.Net ISP has no obligation to monitor the Service. However, User agrees that SpearNet.Net ISP 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. SpearNet.Net ISP will not intentionally monitor or disclose any private E-mail message unless required by law. SpearNet.Net ISP 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. SpearNet.Net ISP 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 SpearNet.Net ISP following payment of a reconnection charge, to be determined by SpearNet.Net ISP in its sole and absolute discretion.
User agrees that the purposeful distribution of any e-mail 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 e-mail messages sent while using the SpearNet.Net ISP service.
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 $500. SpearNet.Net ISP RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF SpearNet.Net ISP SERVICES, A ONE-TIME FEE OF $500 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PREPAYS FOR THEIR SpearNet.Net ISP SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, SpearNet.Net ISP RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $500 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF SpearNet.Net ISP SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Although SpearNet.Net ISP advertises "Unlimited Bandwidth" in regards are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of SpearNet.Net ISP services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by SpearNet.Net ISP.
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.
Although SpearNet.Net ISP advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of SpearNet.Net ISP services by any such User, which restricts overall SpearNet.Net ISP system availability for other such Users. These limitations apply only to Dial-Up access services offered by SpearNet.Net ISP.
A credit card User agrees to allow SpearNet 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 SpearNet.Net ISP of any changes in credit card number or expiration date. If the card is not honored for any reason, SpearNet.Net ISP will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. SpearNet.Net ISP will call the card holder, 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 SpearNet.Net ISP 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 tom charges for additional Service.
SpearNet.Net ISP 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 SpearNet.Net ISP utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of SpearNet.Net ISP'S attorneys' fees and costs in the collection of these sums.
SpearNet.Net ISP reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.
SpearNet.Net ISP reserves the right to cancel Service for any reason without prior notice. Prepaid service is nonrefundable. SpearNet.Net ISP will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month.
User must notify SpearNet.Net ISP via the web site to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by SpearNet.Net ISP are nonrefundable.
Information transmitted through SpearNet.Net ISP and through the Internet in general is not confidential. SpearNet.Net ISP can not and shall not guarantee privacy or protection of any User. SpearNet.Net ISP 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 SpearNet.Net ISP.
SpearNet.Net ISP does not and will not perform system backups on any User's E-mail account(s). SpearNet.Net ISP shall not be held responsible for any lost E-mail data, e-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, SpearNet.Net ISP will not provide historical data, to any party for any reason, regarding any system or Internet activity.
SpearNet.Net ISP does not and will not perform system backups on any web sites. SpearNet.Net ISP 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, SpearNet.Net ISP will not provide historical data, to any party for any reason, regarding any system or Internet activity.
SpearNet.Net ISP may deny User access to all or part of the Service without notice if User engages in any conduct or activities that SpearNet.Net ISP in its sole discretion believes violates any of the terms and conditions in this Agreement. If SpearNet.Net ISP denies User access to the Service because of such a violation, User shall have not right (1) to access through SpearNet.Net ISP 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 SpearNet.Net ISP, and SpearNet.Net ISP 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.
If SpearNet is unable to provide the services that the customer purchased. (SpearNet can not be held responsible if the customer did not check to see if there was a local access number or if the customers computer is faulty. No refund will be available for this.) E-mail and news feed server access is also not promised. SpearNet is only guarantying dial-up access. News and mail servers are an added bonus to the customers accounts.
If the customer cancels his/her account, the account will me marked to close at the end of the billing term. There will be no further charges and no refund.
If the user fails to read these user policies before signing up with SpearNet.Net and/or breaks any of the rules stated with in this polices page, there will be no refund given.
User agrees to notify SpearNet.Net ISP 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 SpearNet.Net ISP.
SpearNet.Net ISP'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.
SpearNet.Net ISP 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.
SpearNet.Net ISP 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 SpearNet.Net ISP.
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 SpearNet.Net ISP as the defendant, shall be proper only in a venue determined by SpearNet.Net ISP.
In any action between SpearNet.Net ISP and User to enforce any of the terms of this Agreement, SpearNet.Net ISP shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and SpearNet.Net ISP with respect to the Service.