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Effective 05/08/03 there are some minor changes to our terms of service.
Terms of Service
Updated May 9, 2003
Please email support@quasar.net if you have any questions about our terms of service.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch agrees to provide you,
("The User") with those services ("Service") set
forth on the subject to The User's compliance with the terms and
conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch exercises no control whatsoever over
the content of the information passing through this system. Use of any information obtained via @quasar Network Solutions Inc.
is at User's risk. Neither @quasar Internet Solutions, Inc., Dena A. Whitebirch, nor any of its
affiliates, its licensers, its contractors or their respective employees
warrant that the Service will be uninterrupted or error free; nor do we
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 @quasar Network Solutions, Inc., Dena A. Whitebirch,
ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY. NEITHER @quasar Internet Solutions, Inc., Dena A. Whitebirch,
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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL @quasar Network Solutions, Inc., Dena A. Whitebirch, 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 @quasar Internet Solutions, Inc. and/or Dena A. WhitebirchIS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, @quasar Internet Solutions, Inc.'s and/or Dena A. Whitebirch's
LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch
in operating the Service, User's sole and exclusive remedy is to
discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User
agrees to indemnify and hold @quasar Internet Solutions, Inc., Dena A. Whitebirch, 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 @quasar Network Solutions, Inc., 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 @quasar Network Solutions, Inc. 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. The User and @quasar Internet Solutions,
Inc. and/or Dena A. Whitebirch shall confer as to and agree on the legal counsel(s) to be
selected in any such defense.
Age Limit
User represents to @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch 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. @quasar Internet Solutions, Inc. nor Dena A. Whitebirch have
control over and accepts no responsibility whatsoever for such
materials.
Prohibited Uses
User may not:
restrict or inhibit any other user from using and enjoying the
Internet;
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local,
state, national or international law, including without limitation the
U.S. export control laws and regulations;
post on webspace provided any sexually explicit materials or materials
that may be offensive. **If you feel you have a need for service that you
feel MAY fall into this arena, please contact us prior to subscribing.
post or transmit any information or software which contains a virus,
cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the Service
for commercial purposes (other than as expressly permitted by the provider
of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service
which is protected by copyright, or other proprietary right, or derivative
works with respect thereto, without obtaining permission of the copyright
owner or rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute in
any way any component of the Service itself or derivative works with
respect thereto;
send unsolicited advertising or promotional materials to other
network users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds
from The User's account; **Please contact @quasar Internet Solutions, Inc. or Dena A. Whitebirch
if you need this kind of service. We can set this up for you through an account
other than your basic dialup account.
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or
security encryption codes, transfer or store illegal material including
that deemed threatening or obscene, or engage in any kind or illegal
activity;
attempt to defeat any idle timer or system tool intended to enforce
the part-time and personal nature of User's connection, including the
use of pingbots and other methods of avoiding timing disconnection
(See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those networks
and computer systems accessed via User's account.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch has no obligation to monitor the
Service. However, User agrees that @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch and subcontractors 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. @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch
will not intentionally monitor or disclose any private E-mail message
unless required by law. User understands that some information will be logged and in the case email is misdirected, may be seen by parties for whom it was not intended. @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch 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. @quasar
Internet Solutions, Inc. and/or Dena A. Whitebirch reserves the right to suspend access to the
Service for The User's account. The account's suspension may be rescinded
within the sole and absolute discretion of @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch
following payment of a reconnection charge, to be determined by @quasar
Internet Solutions, Inc. and/or Dena A. Whitebirch in its sole and absolute discretion.
Messaging
User agrees to limit their use of the @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch's
services, specifically regarding the use of @quasar Internet Solutions, Inc.'s and/or Dena A. Whitebirch's
electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located
throughout the Internet for the purposes of relaying or distributing
messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email 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 email messages sent while using the @quasar Internet
Solutions, Inc. and/or Dena A. Whitebirch's services.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
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
NO LESS THAN $500 or more for the actual time it takes to remedy the issue and answer complaints. @quasar Network Solutions, Inc. RESERVES THE RIGHT TO CHARGE USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF @quasar Internet Solutions,
Inc. and/or Dena A. Whitebirch's SERVICES, A ONE-TIME FEE OF no less than $500 PER VIOLATION OF THESE TERMS. IN
THE EVENT USER PRE-PAYS FOR THEIR @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch
SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, @quasar
Internet Solutions, Inc. and/or Dena A. Whitebirch RESERVES THE RIGHT TO INVOICE AND HOLD USER
RESPONSIBLE FOR THE ONE-TIME FEE OF no less than $500 PER VIOLATION OF THESE TERMS.
USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF @quasar Internet
Solutions, Inc. or Dena A. Whitebirch's SERVICES FOR VIOLATION OF ANY OF THESE TERMS. The User
also understands that other legal remedies may also be pursued for
denial of service or violations of other Federal or Local or International laws.
Users must also comply with additional requirements in our "Spam Policy" located at http://quasar.net/spam.html
Limitation of Dial-Up Services
Although @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch 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 system services by any such User, which restricts overall
system availability for other such Users.
The following limitations apply only to Dial-Up access services offered by
@quasar Internet Solutions, Inc.and/or Dena A. Whitebirch.
Idle Timeout
The User agrees to have their online session automatically terminated
after ten (10) minutes of consecutive inactivity. Inactivity is defined
as less than 500 bytes of data transferred between The User's modem and
the @quasar Network Solutions, Inc. service.
Maximum Single Session
User agrees to have an online session automatically terminated after
eight (8) hours of consecutive time, regardless of data transferred
during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the @quasar Network
Solutions, Inc. system for a time period of one (1) minute following the
termination of their previous online session, regardless of the reason
for the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session
for each PPP/ISDN account purchased.
Terms of Payment
A credit card User agrees to allow "Your ISP" to bill his or her card
on each successive billing date without obtaining The User's permission
after the initial charge. A credit card User shall notify @quasar
Internet Solutions, Inc. and/or Dena A. Whitebirch of any changes in credit card number or
expiration date. If the card is not honored for any reason, @quasar
Internet Solutions, Inc. and/or Dena A. Whitebirch will attempt to notify the card holder by using
the telephone information given at sign-up or by E-mail. @quasar Internet
Solutions, Inc. and/or Dena A. Whitebirch will contact 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 $25.00.
If payment is by check, payment due dates are indicated on The User's
invoice. Dishonored checks are subject to a collection fee to be
determined by @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch in its sole and absolute
discretion and The 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 $25.00 will be added to charges for additional Service.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch maintains the right to terminate
Service for any unpaid subscriptions. Accounts in default are subject to
an interest charge of 10% per month (18% per annum) on the outstanding
balance. Termination of Service shall not relieve The User from the
obligation to satisfy outstanding invoices. In the event @quasar Internet
Solutions, Inc. and/or Dena A. Whitebirch utilizes an attorney to collect any unpaid amounts, The
User shall be responsible for the payment of all of @quasar Internet Solutions, Inc.'s and/or Dena A. Whitebirch's
attorneys' fees and costs in the collection of these sums.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch 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.
Right to Cancel
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch reserves the right to cancel Service
for any reason without prior notice. Pre-paid service is non-refundable.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch will not refund any shipping or handling
fees. In lieu of setup fees, we require a 30 day notice to cancel.
User must notify @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch via telephone or in
writing to cancel Service. Cancellations may be honored by verified
electronic mail. Fees for any setup, shipping and handling, and monthly
service charges placed by @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch are non-refundable.
No Confidentiality
Information transmitted through @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch and
through the Internet in general is not confidential. @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch
Solutions, Inc. can not and shall not guarantee privacy or protection of
any User. @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch 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 @quasar Internet
Solutions, Inc. and/or Dena A. Whitebirch.
Customer Information
Unless required by court order, subpoena or other legal request, or
upon the advice of counsel, @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch may publish
The User's name and other consumer information in one or more directories
which may be accessed by other Internet users. In addition, unless The
User notifies @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch to the contrary as provided
above, @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch may make such information available
to third parties from time to time. User understands further that
merchants on the Internet may have access to such information and may
make it available to third parties in accordance with their normal
practices unless User notifies those merchants directly that The User does
not wish such information to be made available.
Non-transferable
The right to use the Service is not transferable. Accounts are for The
User's use only. User shall be responsible for the confidentiality of The
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 you need to provide website/ftp access to an outside party, another account for that person will be required. If User has multiple
accounts, then User shall be limited to one log-in session per system
account at any time. Violation of those terms shall constitute theft of
Service and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, The User may be asked by
the merchant or information or service provider from whom The User is
making the purchase to supply certain information, including credit card
or other payment mechanism information. User agrees that all information
The User may provide any merchant or information or service provider on
the Service for purposes of making purchases shall be accurate, complete
and current. The merchants and information and service providers
offering merchandise, information and services on the Service set their
own prices and may change prices or institute new prices at any time.
The User agrees to pay all charges incurred by users of The User's account
and credit card or other payment mechanism at the prices in effect when
such charges are incurred. User shall also be responsible for paying any
applicable taxes relating to purchases on the Service.
No System Backup
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch is not required to does not and will
not perform system backups on any User's E-mail account(s) or websites. @quasar
Internet Solutions, Inc. and/or Dena A. Whitebirch 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, @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch will not
provide historical data, to any party for any reason, regarding any
system or Internet activity.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch is not required to perform system
backups on any User's personal web site account(s). Your personal web space
is an optional item you may be provided. @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch
shall not be held responsible for any lost web data, web files, or any
web site contents, regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein, @quasar Internet Solutions,
Inc. and/or Dena A. Whitebirch will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch may deny The User access to all or
part of the Service without notice if The User engages in any conduct or
activities that @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch in its sole discretion
believes violates any of the terms and conditions in this Agreement. If
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch denies The User access to the Service
because of such a violation, User shall have not right (1) to access
through @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch any materials stored on the
Internet, (2) to obtain any credit(s) otherwise due to The User, and
such credit(s) shall be forfeited, (3) to access third party services,
merchandise or information on the Internet through @quasar Internet
Solutions, Inc., and/or Dena A. Whitebirch and @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch 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 Parking
Any customer who uses our free parking or anyone who registers a domain to our nameservers agrees that @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch may elect to redirect their domain to a website which may contain commercial advertising for services available at @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch, and/or sponsors. If you do not agree with this then you must purchase a hosting package, move your domains to another host, or pay a fee for custom parking.
Miscellaneous
User agrees to remain signed into the network only when actually
making use of same, and to disconnect when idle for significant periods
of time (more than 10 minutes). User also agrees to not remain connected
to @quasar Internet Solutions, Inc.'s and/or Dena A. Whitebirch's system for periods exceeding (8)
eight hours, in any single continuous session. User authorizes @quasar
Internet Solutions, Inc. and/or Dena A. Whitebirch to enforce these restrictions by appropriate
software and network measures, automated and manual.
User agrees to notify @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch if The 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
information The User supplies to @quasar Internet Solutions, Inc.and/or Dena A. Whitebirch.
All Domain Names hosted on our servers must reflect these servers as technical contact and must maintain accurate registrant, contact, and nameserver information as we may provide.
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.
@quasar Internet Solutions, Inc.'s and/or Dena A. Whitebirch'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.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch may modify this Agreement from time
to time by placing a notice of such modification on their website, and
The User's continued use of the Service following notice of such
modification shall be deemed to be The User's acceptance of any such
modification. It is The User's responsibility to check this online area
regularly to determine whether this Agreement has been modified. If The
User does not agree to any modification of this Agreement, The User must
immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida or other State designated by @quasar
Network Solutions, Inc. as it may be affected by this agreement without
regard to its conflicts of law provisions. Any cause of action The 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.
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch 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, upstream providers, 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 @quasar Internet Solutions, Inc.and/or Dena A. Whitebirch.
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 @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch as the defendant,
shall be proper only in a venue determined by @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch.
In any action between @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch and The User to
enforce any of the terms of this Agreement, @quasar Internet Solutions, Inc. and/or Dena A. Whitebirch
shall be entitled to recover expenses, including reasonable attorney's
fees.
This Agreement constitutes the entire agreement between The User and
@quasar Internet Solutions, Inc. and/or Dena A. Whitebirch with respect to the Service.
Click HERE to find out more about SPAM!
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