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As a CTR OnLine subscriber, you (hereafter collectively
referred to as "you") must agree to the terms and conditions of
this Service Agreement ("Agreement"). If you choose not agree to
all or any of the following terms and conditions after reading this
agreement in full, you will need to cancel your account.
- This is an agreement between you and CTR OnLine. Your Internet service is between you and/or your designated representative. You agree that your username and password and changes to both of these items are your responsibility.
- The CTR OnLine modems are engineered for 56k flex connectivity. However, CTR OnLine can not guarantee a 56k connection due to telephone company facilities that are unable to support connection speeds.
- CTR OnLine shall not, in any way, be held responsible for any claims or damages caused by any of its customers. You agree to use all of the services provided by CTR OnLine at your own risk. CTR OnLine specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall CTR OnLine be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify CTR OnLine against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of CTR OnLine. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by CTR OnLine, its employees, by its own negligence, or your errors or omissions.
- CTR OnLine shall not be responsible for any long distance charges incurred while using its Internet Service. Each customer is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the customer chooses an incorrect number that is not designated as a local call, CTR OnLine shall in no event be liable for any long distance charges billed to the customer.
- The registration of a domain name confers no legal right to that name, as per InterNIC regulations. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.
- CTR OnLine always reserves the right to change its rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supercede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted. In the event that you wish to terminate your account due to the price increase, you, the customer, will have 10 days from the date of notification of the effective increase to either mail or fax CTROL.com a written request to terminate services. Otherwise, the existing service will be billed at the new rate.
- We reserve the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. The actions we take may include account suspension or termination. We do not issue any credits for accounts cancelled due to policy violations. We reserve the right to refuse service to anyone at anytime for any reason.
- CTR OnLine reserves the right to change its services without notice including, but not limited, to access procedures, hours of operation, menu structures, commands, documentation, and services offered.
- You understand that your CTR OnLine service may be interrupted for several reasons. This is including, but not limited to malfunctions, maintenance, improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. CTR OnLine shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause which similarly impedes the providing of service.
- You agree that this service is governed by the Laws of the State in which CTROL.com resides. You agree that the County of in which CTR OnLine is located shall be the forum for any legal action relating to our services.
- Any Internet activity which references back to CTR OnLine or its services in a damaging manner will result in suspension or termination of account(s). Illegal Internet activity using or referencing to CTR OnLine or a CTROL.com account will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
- Use of CTR OnLine and the access of your Internet account by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full. This agreement is effective when you first use CTR OnLine and continues until service terminated by either party. If this agreement is terminated by either party, you are still responsible for any charges on your account.
- There is not a discount for CTR OnLine to forward your mail or web site, if you choose to terminate your account with CTR OnLine. It is recommended that you continue your account with CTR OnLine for an additional month for forwarding purposes. If you need your site forwarded longer, you will need to continue your account with CTR OnLine for the appropriate amount of time.
- CTR OnLine bills for most services in advance. Purchasers of CTR OnLine services agree to be bound by the Uniform Consumer Credit Code of the State in which CTROL.com resides. A service charge of 1 1/2% per month will be charged on all past due amounts. If account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
- Billing statements will be sent via E-mail. If you wish to have your billing statement sent to you via U.S. mail, you will be levied a $2.50 fee for each bill sent to you.
- All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by CTR OnLine, your account with CTR OnLine will be disabled and you will be charged a $40.00 service fee.
- CTR OnLine subscribers, who have purchased a personal dial-up account, are not permitted to use their Internet connection to sell or advertise goods or services. This is only permitted to those who have purchased a business account or a virtual server.
- CTR OnLine usernames are limited to one dial-in a time. Multiple dial-ins using the same username are not permitted. These rules apply to dial-up accounts only. They do not apply to email or any other aspect of your account. Abuse and violation of the rules will result in one warning, then termination without refund if the problem persists.
- CTR OnLine subscribers, who have not purchased dedicated services, are not permitted to use their dial-up account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not defined as dedicated accounts. CTR OnLine reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time. Currently, users are disconnected after 20 minutes of inactivity or at 6 hours of continual use. These parameters can be changed at any time at CTR OnLine’s discretion. The purchase of a dedicated line is available to any CTR OnLine customer.
- The use of your CTR OnLine account to send out any bulk and/or unsolicited e-mail, commercial or otherwise is strictly prohibited. Bulk e-mail is defined as identical or similar e-mail messages sent to 25 or more recipients. Any violation of this policy will result in the immediate termination of your CTR OnLine account.
- The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. CTR OnLine reserves the right to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by CTR OnLine. A violation of this policy will result in the immediate termination of your CTR OnLine account.
- Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
- You shall be held liable for any and all costs incurred by CTR OnLine as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. CTR OnLine’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.
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