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VFR Internet, a California Limited Liability
Corporation, doing business as VFR Internet (hereinafter "VFR"), agrees
to provide Internet services, and the Purchaser (hereinafter "you" or sometimes
"your") agree to purchase said Internet services on the following terms and
conditions:
1. VFR exercises no control whatsoever over the content
of the information passing through the Internet and you are warned that some
information you receive may be adult in nature and/or offensive to you or
may be inaccurate.
a. VFR, its subcontractors and affiliates,
are not responsible to you or any other person with whom you share
information, for any damages, either actual or consequential, that you or
any third party may claim from accessing the Internet or viewing or using
the information contained therein.
b. Any information transmitted through
the Internet by or through you must comply with these terms and conditions.
Failure to comply with these terms and conditions may result in termination
of your Internet service “for cause.”
c. You are advised that from time to time
an investigation may be undertaken regarding information or activities on
the Internet (in search of "hackers," those gaining illegal access to secure
computer systems, and for numerous other reasons). It is VFR policy
to cooperate fully with all federal, state and local law enforcement agencies.
You are advised that, upon receipt of an official request from a law enforcement
agency, VFR, its subcontractors and affiliates, may allow these agencies
to have access to their computers, servers, routers, files and records, with
or without a search warrant and with or without "probable cause." By
accepting service you agree with this policy.
2. VFR makes no warranties of any kind, whether expressed
or implied, for the service it is providing under this agreement. VFR
disclaims any warranty or merchantability or fitness for a particular purpose.
VFR intends that the service be used for recreational and educational purposes
only. Signing this agreement constitutes acknowledgment that neither
VFR, its subcontractors or affiliates, are responsible for any damages you
suffer, either actual or consequential, whether from nondeliveries, misdeliveries,
or service interruptions caused for any reason including either its own negligence
or your negligence, errors or omissions. Should a court of competent
jurisdiction interpret this section in any way that allows recovery, you
agree that because such damages would be difficult or impossible to predict,
said compensation shall be limited to an amount equal to one months service
fee as liquidated damages.
3. The Internet connection through VFR may only be used
for lawful purposes. Transmission of any material in violation of any
Federal or State law or regulation is prohibited. This includes, but
is not limited to: copyrighted material, material legally judged to be, or
in the sole opinion of VFR thought to be, threatening or obscene, or material
protected by trade secret. You agree to indemnify and hold harmless
VFR, its subcontractors and affiliates, from any claims resulting from your
use of the service which use damages you or another party.
4. Any access to other computer networks through VFR
must comply with the rules appropriate for that other network.
5. All postings to USENET must comply with the etiquette
guidelines posted in news.announce.newusers, and also with the posted charter
of the newsgroup(s) to which you are posting. Non-compliance with these
rules will, at our sole discretion, result in the termination of your account
without prior notification. Should such termination occur you will
NOT be refunded any unused portion of the fees paid, but not yet used, for
the current month.
6. All use of VFR Internet access must be within the
restrictions associated with your account and as set forth herein or by separate
agreement. While VFR will not terminate your service without cause
without at least 30 days notice, VFR reserves the right to terminate service,
upon 24 hour notice, to any account(s) that exceeds its restrictions and
these terms and conditions.
a. Anti-Spam provision: You may not
send SPAM e-mail. SPAM e-mail is unsolicited e-mail of either a commerial
or personal nature sent either in bulk or to just one user. To protect
other users, if VFR detects an unusually high volume of e-mail from or to
you which volume threatens, in the sole opinion of VFR, its mail system,
notwithstanding anything in this contract to the contrary, VFR may terminate
your account IMMEDIATELY, causing all additional messages to be returned
to their originator, outbound mail to be canceled, and may delete any messages
already saved to your file.
b. Multiple sessions are prohibited and
constitute a breach of this agreement. On occasion users will allow
their friends to use their "User Name" and "password" to gain access to the
system or may log on simultaneously using multiple computers in the same
household. This is a "multiple session” and is prohibited.
7. There are no facilities provided by VFR for secure
private communications or data storage. The Internet is not secure
and you are responsible for the protection of your account and data.
Data can be, and sometimes is, viewed by third parties. Information
of a private or confidential nature should not be placed on the system or
should be encrypted. VFR specifically denies any responsibility for
the security of your account, the data stored within, or information transmitted
through, VFR's facilities.
8. Charges for Internet services provided by VFR are
set forth in the VFR “Schedule of Services and Prices” as revised
from time to time.
9. Payment.
a. New accounts are required to pay, within
five days, all administrative fees and the fee for the first month of service.
b. Fees for all services are payable in
advance. Monthly payments are due on the first of each month and are
delinquent after the tenth of the month. All accounts are programmed
into the VFR Internet computer for payment on the first of each month.
If payment is not received by the tenth of the month the computer AUTOMATICALLY
terminates service to that account and, shortly thereafter (about 7 calendar
days), deletes the account (including all saved files, e-mail and the like)
from the system. Once an account is deleted, all e-mail addressed to
you will be returned to the originator and the system will not know you exist.
c. If you elect to take advantage of the
roaming services, fees for roaming services will be invoiced when received
from the roaming service subcontractor. By its very nature these charges
will be billed after they have been incurred and will vary in amount.
You agree to pay all such roaming fees. Should you discontinue your
service with VFR, you agree to pay any roaming charges you incurred while
still a customer and agree that VFR may charge the same to your credit card,
without prior notice, should you have paid via this method while a
VFR customer.
d. If your check bounces for any reason,
you agree to pay to VFR a $25.00 service charge in addition to any other
amounts owing to VFR. You also agree that, should a check bounce for
any reason, VFR will terminate your service IMMEDIATELY. As in "b"
above, if the bounced check is not redeemed quickly, as explained above,
the account will be deleted and a new set up fee will be required to reinstate
service.
e. Invoices will be sent to the address
provided by you on your application. If payment is by credit card,
no invoices will be sent.
10. Service shall be paid monthly, in advance, and may
be canceled by either party, in writing, at any time with no penalty.
Service shall not be terminated by VFR, without cause, upon 30 days notice.
If you elect to terminate your service in this manner, charges will
cease on the date you specify in your written request or upon receipt by
VFR of your written request, whichever is later. If service is terminated
before the end of a month, the pro-rata fees associated with the remainder
of the month will NOT be refunded.
11. Prices quoted are for delivery at San Martin, CA.
12. Anyone with a computer realizes that things sometimes
go wrong with them, or their peripheral equipment, which may result in an
interruption of service. VFR, its subcontractors and affiliates, will
endeavor to provides the best and most reliable services available.
However, VFR cannot guarantee uninterrupted service at all times. Furthermore,
although VFR will provide sufficient phone lines to allow subscribers a reasonable
probability of connecting to the system at any given time, there may be times
when you receive a "busy signal" when you dial in. For these
reasons, VFR reserves the right to interrupt services for reasonable periods
from time to time. Periodic service interruptions and/or "busy" signals
upon dialing in shall not constitute a breach of this contract and shall
not entitle the subscriber to a refund of all, or any part of, the subscription
fees for the month involved.
13. VFR reserves the right to change the rates, terms
and conditions of service. Notice of any changes in the terms, conditions
or rates will be sent either by US mail or by E-mail. If you do not request
that your service be discontinued, it will be conclusively presumed that
you consent to the new terms, conditions or rates as notified.
14. Support Service: The set-up fee includes up
to one hour of telephone support. Any on-site support will be billed
at the rate of $50.00 per hour. You are advised that there are many
people who offer on-site support other than VFR. We have some names
and phone numbers if you need this support.
15. Single User Account restrictions:
a. Connect time--unlimited for dial-up
users, 12 hours per day for ISDN users. VFR reserves the right to terminate
a connection after 20 minutes of "idle" activity. Users may not "camp"
on a connection, meaning keep the connection in place even though the connection
is not being used. This is often seen in businesses which connect during
the day and leave their system connected all night even though nobody is
at the office. "Camping" constitutes a breach of this contract.
b. Storage space--Each account may store
up to 5 megabytes (5 Mb) of information (including subdirectories) on the
VFR computer. If you have been notified that you are in excess of your
storage limits and have failed to reduce the stored material to the allowed
space, VFR may erase files in your directories to bring your account back
within this limit. Erasure of such files will be at random as selected
by VFR, its subcontractors or affiliates. Data transfer is limited
to 50 mb per day.
16. User Name and Password.
a. The "User Name" is the name by which
you are known on the Internet and the name to which others send you e-mail.
You may select any "User Name" identification you want. If your User
Name is not obscene or duplicative of somebody else's, we will program your
account as your request.
b. User Names cannot exceed 8 characters
in length. You can use letters, numbers, and some special characters
in the user name; however, you cannot start the user name with a - (minus
sign), + (plus sign), or ~ (tilde). You cannot use a , (comma), : (colon),
= (equals sign), - (dash), * (asterisk), " (double quotes), or the keywords
"ALL" or "DEFAULT" in the user name. Once your User Name is programmed,
it cannot be changed without incurring another set-up fee.
c. Unless you specify a particular password,
a password for your account will be assigned by VFR. Once on the system
you may change the password yourself anytime you desire. We suggest
that your password be a combination of random lower case letters and numbers.
DO NOT use something obvious like your birthday, maiden name, street name
or child's name. Never give your User Name and password to anybody
else.
17. Your use of VFR’s service constitutes agreement
with these Terms and Conditions
18. Should any dispute arise out of this agreement that
results in arbitration or litigation the prevailing party shall be paid his/her
reasonable attorney fees. Venue for any such dispute shall be in Placer
County, California. The parties agree that any disagreements, if not
mutually resolved, shall be referred to binding arbitration for resolution.
19. You may address questions via e-mail to "office@garlic.com."
Click here to go to Application Page
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