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ViaFamily / 711 Online / ISPBrand
and all services of 711.NET, Inc. are committed to making the
Internet a useful communication tool by providing safe and easy
Internet access to individuals and families who want a protected,
family-friendly environment.
It
is very important that you read and accept this agreement before
you use our Internet service.
By establishing an account or using this service, you agree
to be bound by this Agreement and to use the Services in
compliance with this Agreement, our Acceptable Use Policy and all
other policies presented.
____
I agree to abide by the terms and conditions of this policy
____
I do not agree
INDEX
1.
Terms of Service and Subscriber Acceptable Use
Policy
2.
Internet Access Agreement
3.
“No Spam” Policy
4.
Disclaimer Statement
5.
Copyright/Trademark
Information
(1)
Terms of Service and Subscriber Acceptable Use
Policy
Using the services of ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc. constitutes
acceptance of our Policy. Failure
to abide by all the terms and conditions of
this Policy may result in immediate termination of your account
without refund.
Because your membership is personal
to you, you agree not to assign, transfer or sublicense your
rights as a member. By
accepting individual responsibility for your account, we
expect that you will adhere to reasonable security standards and
not share your password, leave your password in an unsecured
place, or otherwise compromise the security of your account. All
accounts are single user only. Multiple or
concurrent connections are prohibited.
You will be held responsible for all Policy violations
resulting from use of your account.
Creative
attempts to circumvent the Policy are unacceptable.
We are interested in making the use of the Internet safe
and enjoyable for our subscribers and are not interested in seeing
how clever users can remain “technically” within the Policy
while violating the spirit of it.
If we feel that your usage has violated the Policy, we
reserve the right to terminate your account and dispose of any
files associated with your account.
ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. has no obligation to monitor any
member’s use of the service or to retain the content of any user
session. However, we
reserve the right at any time and without prior notice to delete
any content.
1.1
Use of ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc.
As a member, you agree not to do
any of the following while being connected to ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc.:
o
Use ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. or any of its related services in
connection with surveys, contests, pyramid schemes, chain letters,
junk e-mail, spamming or any duplicative or unsolicited messages
to parties with whom you have no prior relationship (commercial or
otherwise);
o
Use of a personal account for high volume or
commercial use. Activities
which are prohibited as high volume include, but are not limited
to:
o
Any e-mail accounts storing more than 5MB at any
given time.
o
Excessive Online Usage –Subscribers may not
maintain an “Unattended” connection to the service,
causing excessive connection time, for any reason.
While excessive connection time is determined at the sole
discretion of the company, national averages for Internet use is
approximately 30 hours per month per account.
The company monitors all Internet account activity and,
providing you use the service as defined within the body of this
service agreement, the company defines UNLIMITED USAGE as a
“Live” and “Interactive” connection to the service for
its subscriber’s enjoyment.
It does NOT mean an unlimited or dedicated
connection to the Internet.
All
accounts have an automatic fifteen-minute “idle-timeout”
feature that clears the line for ACTIVE users, providing
network efficiency for the good of all other Internet subscribers.
YOU ARE PROHIBITED FROM CIRCUMVENTING THIS FEATURE.
Attempts to keep a connection “Live” by Robotics or
other means, as defined in this agreement, is a strict violation
and will cause immediate termination.
Accounts
exceeding 150 hours per month (5 Hrs/day), if determined by the
company to be dedicated access use, shall be subject to excess
usage charges at the rate of $.50 per hour. Example, 200 hours of
use equals 50 excess hours of use @ $.50 per hour, totaling $25.00
per month in addition to regular monthly charges.
Herein, you agree to pay such excess use fees.
In
addition, subscribers with exceptionally heavy usage may be asked
to moderate their usage, switch to a “Dedicated”
plan or leave the service.
o
Exceeding 500K of traffic to your personal home page
in a one-month period of time.
o
Any simultaneous, unattended or continuous
connection to ViaFamily / 711 Online / ISPBrand or any service of
711.NET, Inc. with one account, including but not limited to;
o
Use of any software (including email programs) or
any other type of device that would allow your account to stay
“Logged on” while you are not actively using the service.
Note-Users of “Outlook Express” are required to disengage
all “Automatic” features to gather email that creates a
dedicated or continuous connection.
o
Installation of “auto-responders,”
“cancelbots” or similar automated or manual routines that
generate excessive amounts of traffic or disrupt mail use by
others.
o
Running TIA, SliRP or other Slip emulators from your
account. Running
daemons, MUDs, BOTs or other background processes.
Running programs such as “Keep Alive” or other programs
intended to circumvent the “Idle-Timeout” feature.
o
Use of the account for the purpose of operating a
service of any type.
o
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
o
Publish, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful material or information.
o
Advertise or offer to sell or buy any goods or
services for any non-personal use.
o
Collect information about others, including e-mail
addresses without their consent.
o
Use the service for illegal purposes or in support
of illegal activities. ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. reserves the right to cooperate with
legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
Activities which are prohibited as potentially illegal include,
but are not limited to:
o
Unauthorized copying of copyrighted material;
o
Exporting software or technical information in
violation of U.S. export control laws;
o
Posting or e-mailing of scams or “make money
fast” schemes;
o
Threatening bodily harm or property damage to
individuals or groups;
o
Making fraudulent offers of products, items or
services;
o
Tampering
with or attempting
to access the accounts of others within the service or other
entities services (i.e., “hacking”).
o
Harassing
others by “mail-bombing” or “news-bombing;” Mail-bombing
is defined as sending more than ten (10) similar mail messages to
the same e-mail address. News-bombing
is defined as sending more than 10MB of data to a newsgroup.
Sending unsolicited e-mail messages where the recipient
objects to the content or to the receipt of the message in general
or contains “Negative Options” for reply.
NOTE:
Subscribers are expressly prohibited from utilizing the
service, equipment or any electronic mail address in connection
with the sending of the same or substantially similar unsolicited
e-mail messages. This
prohibition extends to the sending of unsolicited mass mailings
from another service which in any way implicates the use of this
service, equipment or e-mail address.
In cases of willful violations of this provision, the
offending subscriber agrees to pay $1,000 per day.
Payment by subscriber shall not prevent the company from
seeking additional legal remedies available, including other
damages.
o
Transmit or upload any material that contains
viruses, Trojan horses, worms, time bombs or any other harmful or
deleterious programs.
o
Engaging in any activities using the service of
another provider but channeling such activities through one of our
accounts or using your account as a mail-drop for responses.
o
Abusing the services of a remote server or violating
a remote system’s terms of service while connected to that
service from your account.
o
Access your account from more than one computer
simultaneously.
o
View, intercept or attempt to intercept e-mail or
other private communications not intended for you.
o
Attempt to gain unauthorized access to ViaFamily /
711 Online / ISPBrand or any service of 711.NET, Inc. or computer
systems/networks connected to ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc.
ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. has no practical ability to
restrict all conduct, communications or content which might
violate this Policy prior to its transmission on its systems,
nor can we ensure prompt removal of any such communications or
content after transmission or posting. Accordingly, ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc. does not
assume liability to subscribers or others for any failure to
enforce the terms of this Policy.
We reserve the right to terminate
any account without refund for other kinds of Policy
non-compliance and reserve the right to refuse service to anyone,
and for any reason, in our sole discretion. In all of these
matters, decisions by ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. are final.
ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. reserves the right to modify this
Policy at any time by posting changes online. You are
responsible for routinely reviewing information posted online for
ViaFamily members. Your non-termination or continued use of
the service after changes are posted will serve as your acceptance
of this agreement as modified by the posted changes.
(2)
ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. Internet Access
Agreement
Please
read this agreement carefully before you access the service
provided to you by ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. By downloading or using the software, you
are agreeing to be bound by the terms of this agreement, the
license agreement, and the terms of the service and subscriber
acceptable use policy ("POLICY").
ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. provides the Service defined
below subject to your compliance with all of the terms and
conditions, which are collectively referred to as the
"Agreement." This Agreement is intended to
establish the terms and conditions of the Service. Other
services provided to you by ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. may not be subject to the terms and
conditions of this Agreement unless this Agreement is expressly
incorporated into any other agreement regarding those services.
2.1 SERVICE
Service provided to you by
ViaFamily / 711 Online / ISPBrand and any service of 711.NET, Inc.
includes the following features:
- Internet
access-See “Terms of Services and Acceptable Use”
- Electronic
mail ("email") capability and the use of a single
electronic mail address to enable you to send and receive
email communications.
- Web
site (up to 5 megabytes) on ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc.’s server. (Only one free
web site is given to a ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. subscriber; additional mailboxes
are not entitled to additional free web sites.)
Any means of identification
assigned for you to use the Service remain the property of
ViaFamily / 711 Online / ISPBrand and any service of 711.NET, Inc.
and may be altered or replaced at any time. Identifications
include, but are not limited to, account usernames and email
addresses.
ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. makes no guarantees as to the
continuous availability of the Service or any specific feature.
ViaFamily / 711 Online / ISPBrand and any service of 711.NET, Inc.
reserves the right to change the Service at any time with or
without notice. Features of the Service that are subject to
change include, but are not limited to, access procedures,
commands, documentation, hours of operation, menu structures, and
vendors.
2.2. REGISTRATION REQUIREMENTS
You must be at least 18 years old
to register for this Service. By indicating your acceptance of
this Agreement, you are warranting that you meet this age
requirement.
You must provide accurate and
complete billing information. This information must include your
legal name, address, and telephone number. Any changes to this
information must be reported to ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. no later than 30 days after such
change becomes effective.
By indicating your acceptance to
this Agreement, you agree that you will be responsible for all
charges posted to your account until you cancel the account.
2.3.
FEES, CANCELLATIONS and REFUNDS
All
periodic charges (whether monthly, semi-annually, or annually), or
other charges for prepaid plans must be paid in advance and are
non-refundable. This includes any setup and
service fees. No prorated refunds will be given for fees
paid in advance.
Current setup and service fees for
ViaFamily / 711 Online / ISPBrand and any service of 711.NET, Inc.
are posted on the Pricing Plan. ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. reserves the right to change
prices and institute new fees at any time by posting the new rates
on the ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. Pricing Plan.
A service charge may be assessed to
a subscriber's account for each check that is returned for
insufficient funds.
An account is classified as
delinquent if there is an unpaid balance at the beginning of a new
accounting cycle. Delinquent accounts may be suspended or
canceled at ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc.'s sole discretion. If your account is suspended,
regular charges continue to accrue until you cancel your account.
Interest charges of 1.5% per month (or the highest rate permitted
by law if lower than 1.5% per month) will accrue daily on any
unpaid balance.
ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. may, at its sole discretion,
charge a fee to reinstate a suspended account.
You agree to pay (1) all Sales and
Use Taxes, Duties, or Levies which are required by applicable law
and (2) any costs incurred in the collection of any delinquent
fees due under this Agreement or the enforcement of this
Agreement, including attorney fees.
Billing
errors must be reported to the Customer Service Department within
60 days of the invoice or transaction date of the charge. No
adjustments will be given for any charges that are more than 60
days old.
Without limiting anything else in
this Agreement, ViaFamily / 711 Online / ISPBrand and any service
of 711.NET, Inc. reserves the right to suspend or terminate your
membership without notice upon rejection of any charges or if your
account issuer (or its agent or affiliate) seeks return of
payments previously made to ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. when, in good faith, believes you are
liable for the charge.
2.4.
USE OF THE SERVICE
You and any members of your
immediate household are the only individuals who are authorized to
access the Service through your ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. account.
It is your responsibility:
To protect your account against
access by any other individual or entity;
To ensure that all authorized users
of your account comply with all of the terms and conditions of
this Agreement;
To protect the confidentiality of
all passwords used by you or members of your household to access
the Service;
- For
all activities and charges assessed as a result of the use of
your passwords and account in connection with the Service.
Note: You may not be held responsible for activities and
charges attributable to an unauthorized user's access to your
account, provided you notify ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. within 24 hours of
discovering any such unauthorized use of your account.
The unauthorized use must not be directly attributable to the
failure of any authorized user to exercise reasonable efforts
to maintain the confidentiality of the account.
- For
all local and long distance telephone charges for connection
to the Service by you and by those who access the Service
through your account. You
are solely responsible to contact your local telephone company
and determine that any dialup numbers you use are, in fact,
local non-toll numbers. The
company is not responsible for any long distance or toll
charges incurred through the use of your account for any
reason.
- For
providing all computer equipment, software, and maintenance
necessary to access the Service, except for the ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc.
software.
You agree not to use the Service or
permit others to use the Service through your account in any way
that violates any international, federal, state, or local law or
regulation, subjects ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. to any liability or is contrary to any
portion of its Policy.
You agree to comply with all
ViaFamily / 711 Online / ISPBrand and any service of 711.NET,
Inc., Inc. security procedures and standards and to be bound by
the terms and conditions of the License Agreement for any software
provided to you by ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc.
2.5.
MONITORING; DISCLOSURE OF SUBSCRIBER INFORMATION
ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. has no obligation to monitor the
Service. However, ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. reserves the right to do so and to
disclose information regarding the use of the Service to satisfy
laws, regulations or governmental requests, to operate the Service
properly or to protect itself or its subscribers.
ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc. will not
disclose subscriber information to any persons or entities for the
purpose of soliciting ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc.'s subscribers.
ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. reserves the right to remove or
refuse to post any information or materials that are deemed by
ViaFamily / 711 Online / ISPBrand and any service of 711.NET, Inc.
to be unacceptable, undesirable, or in violation of this
Agreement.
2.6.
NO WARRANTIES
Except for certain products and
services specifically identified as being offered by ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc., neither
ViaFamily / 711 Online / ISPBrand and any service of 711.NET, Inc.
nor any of its affiliates controls any information, products, or
services on the Internet. Except for such ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc.-identified content, all
merchandise, information, and services offered, made available, or
are accessible on the Internet are by third parties who are not
affiliated with ViaFamily / 711 Online / ISPBrand and any service
of 711.NET, Inc. or its affiliates. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY
YOU OR AUTHORIZED USERS ON YOUR ACCOUNT.
NEITHER ViaFamily / 711 ONLINE /
ISPBRAND AND ANY SERVICE OF 711.NET, INC. NOR ITS AFFILIATES MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR
ENDORSEMENTS INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE
PROVIDED THROUGH ANY ViaFamily / 711 ONLINE / ISPBRAND AND ANY
SERVICE OF 711.NET, INC. SERVICE OR ON THE INTERNET GENERALLY.
NOTE: NEITHER ViaFamily / 711
ONLINE / ISPBRAND AND ANY SERVICE OF 711.NET, INC. OR ANY OF ITS
AFFILIATES SHALL BE LIABLE FOR ANY COSTS OR DAMAGE ARISING
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER
INFORMATION AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
THE INTERNET CONTAINS UNEDITED
MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT.
YOU ACCESS THE INTERNET AND PERMIT
OTHERS TO ACCESS THE INTERNET THROUGH YOUR ACCOUNT AT YOUR OWN
RISK. ViaFamily / 711 ONLINE / ISPBRAND AND ANY SERVICE OF
711.NET, INC. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
FOR ANY CONTENT FOUND ON THE INTERNET.
THE SERVICE IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, NO ADVICE OR INFORMATION GIVEN BY ViaFamily / 711
ONLINE / ISPBRAND AND ANY SERVICE OF 711.NET, INC. OR ANY OF ITS
AFFILIATES SHALL CREATE A WARRANTY.
VIAFAMILY ONLINE / 711 ONLINE /
ISPBRAND AND ANY SERVICE OF 711.NET, INC. DOES NOT WARRANT 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, WORMS, TROJAN HORSES, OR OTHER HARMFUL
COMPONENTS.
2.7.
REMEDIES
If you are dissatisfied with the
Service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to
terminate this Agreement and discontinue using the Service.
UNDER NO CIRCUMSTANCES SHALL
ViaFamily / 711 ONLINE / ISPBRAND AND ANY SERVICE OF 711.NET, INC.
OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT
RESULT IN ANY WAY FROM YOUR USE OF (OR THE USE OF OTHERS ACCESSING
THE SERVICE THROUGH) YOUR ACCOUNT OR YOUR INABILITY TO USE THE
SERVICE, ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR 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, OR ANY FAILURE OF PERFORMANCE.
2.8.
INDEMNIFICATION
You agree to defend, indemnify, and
hold ViaFamily / 711 Online / ISPBrand and any service of 711.NET,
Inc. and any of its affiliates harmless from any and all
liabilities, costs, and expenses, including reasonable attorneys'
fees, related to or arising from any violation of this Agreement
by you or those who access the Service through your account, or
the use of the Service or the Internet, or the placement or
transmission of any message, information, software, or other
materials on the Internet by you or by those who have access to
the Service through your account.
2.9. TERM OF
AGREEMENT
This Agreement is effective from
the date of your acceptance of these terms and conditions, or upon
the first use of the Service through your account, whichever is
first.
2.10.
TERMINATION
You may terminate your
account at any time and for any reason by providing notice of
intent to terminate to ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. by calling 1(888)
711-6381.
Cancellations sent by e-mail or fax will not be accepted.
Service,
including that of prepaid accounts, will be disconnected on the
date the cancellation is requested.
No refunds of prepaid
set-up fees or service charges will be issued.
ViaFamily / 711 Online / ISPBrand and any service of 711.NET, Inc.
may terminate this Agreement at any time upon 30 days prior
notice, or immediately if you violate any portion of this
Agreement or fail to pay any charges due. Upon termination
of this Agreement, all rights granted to you and authorized users
in your household under this Agreement shall immediately
terminate. You must destroy or return to ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. all copies of software
and documentation that you received from ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc.
Termination of
this Agreement does not release you from the obligation to pay all
accrued charges.
ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc.'s right to
enforce all the provisions of this Agreement shall survive the
termination date of the account.
2.11.
NOTICES
ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc. may provide
notice to you by the following methods:
Electronic mail
(email) at the address provided to your account;
A general
posting to ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc.'s web site at: http://www.viafamily.com/
US Mail at the
address provided to ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. with your subscription/application.
All notices or
other communications from ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. shall be deemed effective on the
first (1st) calendar day following the date of electronic mailing
or posting or on the fourth (4th) calendar day following the date
of first-class mailing.
2.12. 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. The remainder of the provisions shall
remain in full force and effect. ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc.'s failure to insist upon
or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or
right.
This Agreement
shall be governed by and construed in accordance with the laws of
the State of North Carolina, United States of America, without
regard to its conflicts of law provisions. Any cause of action you
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.
This Agreement, nor any rights or obligations arising
hereunder, shall be transferable by you to any third party.
This Agreement,
the ("Policy"), and the License Agreement constitute the
entire agreement between you and ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. with respect to the Service.
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. reserves the right to alter, amend or modify this
Agreement at any time.
(3)
ABUSE / “NO Spam”
Policy
In an effort to
maintain a safe and peaceful online environment, we maintain a
“zero tolerance policy” on Internet abuse and will take
immediate action against anyone who abuses his or her account
privileges. One of
the most common forms of Internet abuse is “spamming” which
can constitute many different activities.
Example of this type of activity are:
o
Massive e-mail broadcasts that advertise a product
or service, especially those advertising illegal or “get rich
quick” schemes’
o
“Junk” e-mail
o
Unsolicited mail
o
E-mail sent out in bulk
o
Excessive “cross posting” in newsgroups.
ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc. may immediately
terminate any account that it determines, in its sole discretion,
is transmitting or is otherwise connected with any “Spam” or
other unsolicited bulk e-mail.
If you have
been the victim of email Spam, Internet abuse or any violation of
ViaFamily / 711 Online / ISPBrand and any service of 711.NET,
Inc.'s Policy including any instance of fraud, illegal activities,
or a security issue and want to report it, please send your
objection to Policy@ViaFamily.com
.
(4)
Disclaimer / LIMITATION OF
LIABILITY
INFORMATION ON
THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Information on
this web site may contain technical inaccuracies or typographical
errors. ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. may make improvements, changes, and updates in the
products and/or the programs described in this information at any
time without notice.
No filtering
system can block every objectionable website.
ViaFamily / 711 Online / ISPBrand and any service of 711.NET, Inc.
is no exception. We believe that our system provides the
most comprehensive and up-to-date protection of any product or
service available. However, we provide no guarantees
that we will find all negative content immediately after it is
published to the Internet. In addition, not everyone will
like the choices that ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. blocks. Obviously, the problem
doesn't occur with sites that contain explicit pornographic
material -- they are always blocked. Rather, it is with
sites that contain material or images that some people believe
children should see and other people believe children should not
see. ViaFamily / 711 Online / ISPBrand and any service
of 711.NET, Inc. encourages comments and carefully considers its
subscribers' concerns about all sites.
However, ViaFamily / 711 Online / ISPBrand and any service
of 711.NET, Inc. will make all final decisions about what is
accessible through our service.
ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc. makes no
representations whatsoever about any other web site which you may
access through this Service. When you access a non-ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc. web site, it is
independent from ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc., and we have no
control over the content on that web site. In addition, any links
to a non-ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. web site does not mean that ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. endorses or accepts any
responsibility for the content or the use of such web site.
It is your responsibility to take precautions to ensure that
whatever you select for your use is free of such items as viruses,
worms, Trojan horses and other items of a destructive nature.
IN NO EVENT
WILL ViaFamily / 711 ONLINE / ISPBRAND AND ANY SERVICE OF 711.NET,
INC. ASSUME LIABILITY TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF
THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR
OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
(5)
Copyright/Trademark Information:
Copyright Information:
© 1996-2001. 711.NET™, Inc. ...ALL RIGHTS RESERVED
711.NET™ is a
Trademark of 711.NET, Inc.
711Online SM is a
Service Mark of 711.NET, Inc.
ISPBrand SM is a
Service Mark of 711.NET, Inc.
CityGuides SM
is a Service Mark of 711.NET, Inc.
NETcomply
SM is a Service Mark of 711.NET, Inc.
ViaFamily SM
is a Service Mark of 711.NET, Inc.
711WebCafe
SM is a Service Mark of 711.NET, Inc.
Online
Mega Mall SM is a Service Mark of
711.NET, Inc.
Online
Learning Center SM is a Service Mark
of 711.NET, Inc.
Content developed and published by 711.NET, Inc., 711Online,
ISPBrand, CityGuides, NETcomply,
ViaFamily, 711WebCafe, Online Mega Mall, and Online Learning
Center are copyrighted and protected by both United States
copyright laws and international treaty provisions. None of the
graphics, audio, or visual content may be reproduced, in original
or modified form, for commercial purposes, without express written
permission by 711.NET, Inc. We do authorize and encourage the
forwarding of this message to interested parties, for the sole
purpose of informing them of the service 711.NET, Inc. Christian
Internet Assistance, CityGuides, and ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. provides. All other
trademarks are the property of their respective owners.
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