ISP-FREE.NET TERMS OF SERVICE
DOCUMENT
The FREE ISP Network - a Rovin Net Web Production (hereinafter ISP-Free.net) agrees to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, ISP-Free.net reserves the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.
Warranty Disclaimer
No warranties are made regarding the service. ISP-Free.net does not guarantee that the service will be uninterrupted or error free. ISP-Free.net exercises no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.
Responsibility of Use:
User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall ISP-Free.net be held liable for your actions while you are using the service. In the event of a court order, ISP-Free.net may be forced to provide information that is requested of us by a duly charged court.
Limitation of Liability:
Under no circumstances shall ISP-Free.net, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that ISP-Free.net is found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
Age Limit:
User represents to us 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. ISP-Free.net has no control over and accepts no responsibility whatsoever for such materials.
Restrictions of Use
User understands that the following restrictions are applied to the service:
User May Not:
Send SPAM, or bulk email when dialed into the network.
Post offensive, threatening, or SPAM, when using the newsgroups.
Use their personal FTP site for business sites.
Post or transmit viruses or any harmful component to others.
Transmit anything that is protected by copyright without permission.
Attempt to violate the security of any computer network
Engage in any illegal activity.
Dialup Restrictions:
User agrees to allow provider to force a 20 minute idle timeout and 8 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.
User understands that the ISP-Free.net provides a shared communication and information access service and reserves the right to protect its network from resource abuse. User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 6 channel hours a day, based on a 30 day calendar month usage report. If an unlimited account is used as a dedicated connection, access may be temporarily blocked until the 1st day of the following month, at which time service will be automatically reactivated. At the discretion of ISP-Free.net user may be given the option to purchase an extra account to increase their allowed monthly aggregate access.
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 log-in session per system account at any time.
Email Restrictions
User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
User may not send to more than 25 recipients at a time.
User may not send more than 100 emails per hour.
User may not send from an email address that is not their own.
User may not send an email that is over 10 MB in size.
User may not forge message headers to hide the origin of their email.
Provider may block certain attachment types used in transmitting viruses.
Email is kept on the server for only 60 days.
Hosting Restrictions
ISP-Free.net reserves the right to control the amount of bandwidth your Website uses and to inform you that you must transfer your website or upgrade to a commercial web hosting account if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. ISP-Free.net currently does not allow websites that exceed 2 GB of bandwidth per month to host on our free members servers. If the request is not met within 5 days, ISP-Free.net reserves the right to remove the website from our system.
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.
ISP-Free.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.
Right to Cancel
ISP-Free.net reserves the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, ISP-Free.net will refund the user the unused portion of that month's service at the time of cancellation.
System Backups
ISP-Free.net does not and will not perform system backups on any User's E-mail account(s). ISP-Free.net 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, ISP-Free.net will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Although ISP-Free.net does perform system backups on hosting content, ISP-Free.net 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. User should always keep their own backup of their website. Except as otherwise set forth herein, ISP-Free.net will not provide historical data, to any party for any reason, regarding any system or Internet activity.
ISP-Free.net does not perform backups on the mysql databases. ISP-Free.net shall not be held responsible for any lost data. User should always keep their own backup of their database content.
Failure to Comply With Terms and Conditions
ISP-Free.net may deny User access to all or part of the Service without notice if User engages in any conduct or activities that ISP-Free.net in our sole discretion believes violates any of the terms and conditions in this Agreement. If ISP-Free.net denies User access to the Service because of such a violation, User shall not have the right (1) to access through us 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 us, and ISP-Free.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.
Free ISP Network
ISP-Free.net extends an affiliate marketing offer called the Free ISP Network to each active paid subscriber. This program is designed to assist ISP-Free.net in customer acquisition while also providing the user with the means to offset some or all of their monthly Internet Access fees.
The Free ISP Network program permits subscribers to refer new users to ISP-Free.net in exchange for an offsetting credit against their recurring Internet Access fees. The specific terms of this program are as follows:
Referring subscriber must be a current paid ISP-Free.net user in good standing.
Referring subscriber must promote the service responsibly. No spam or abusive postings allowed.
Referring subscriber can refer more than one person per month, but only one free month credit will be paid per referral per calendar month.
Referral credits accumulate and credit will be given for each qualifying referral (one per month) in sequential months so long as both the referrer and the referred are still paid subscribers in good standing.
Referred person must remain a paying ISP-Free.net subscriber for a minimum of 60 days.
Referred person must not abuse the system or cancel their account with a refund request.
A subscriber can only be referred once. Duplicate referrals of suscribers with the same physical address are prohibited.
User understands that monthly ISP subscription fees will continue to be collected normally even during participation in the FREE ISP Network Program. As long as users subscription is active, user is eligible to receive payments from The FREE ISP Network.
Payments for referrals: All offset credit disbursement for referrals will be paid via direct money transfer via our payment processor. In other words, user is paid cash via transfer for each referral. We do not print and mail checks through postal mail. Once each month ISP-Free.net will audit all accounts and send PayPal or StormPay payments out to each member that has an older than 60-day referral in their list.
Miscellaneous
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.
Our 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.
ISP-Free.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. 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 Louisiana 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.
ISP-Free.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, 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 our reasonable control.
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 us as the defendant, shall be proper only in a venue determined by ISP-Free.net.
In any action between ISP-Free.net and User to enforce any of the terms of this Agreement, ISP-Free.net shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and ISP-Free.net with respect to the Service.
©1998 - 2003 ISP-Free.net - A Rovin Net Company
