Terms of service:
Surferz.Net / Surferznet.Net / Intellhost.com / Made4Designs.com Terms
of Service and Acceptable Usage Policy.
End User Terms of Service
Note: All Users are bound by these terms of service.
Surferz.Net. ("Surferz.Net ") agrees to provide you ("User")
with those services ("Service") set forth on the Application
subject to 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.
Surferz.Net exercises no control whatsoever over the content of the
information passing through Surferz.Net's system. Use of any information
obtained via Surferz.Net is at User's risk. Neither Surferz.Net nor
any of its affiliates, its licensers, its contractors or their respective
employees warrant that the Service will be uninterrupted or error free;
nor does Surferz.Net 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, NO INFRINGEMENT, 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 Surferz.Net, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS
OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Surferz.Net
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, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER
HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Surferz.Net, 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 Surferz.Net IS FOUND LIABLE
UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Surferz.Net'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 Surferz.Net 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 Surferz.Net, 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 Surferz.Net, 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 Surferz.Net 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. User and Surferz.Net shall confer as to and agree
on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to Surferz.Net 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. Surferz.Net has no 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 anything in Surferz.Net's judgment that is
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.
• 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 Mail list, Listserv or any form of auto-responds
from User's 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 ping-bots 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.
Surferz.Net has no obligation to monitor the Service. However, User
agrees that Surferz.Net 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. Surferz.Net
will not intentionally monitor or disclose any private E-mail message
unless required by law. Surferz.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. Surferz.Net reserves the right to
suspend access to the Service for User's account. The account's suspension
may be rescinded within the sole and absolute discretion of Surferz.Net
following payment of a reconnection charge, to be determined by Surferz.Net
in its sole and absolute discretion.
Messaging
User agrees to limit their use of the Surferz.Net service, specifically
regarding the use of Surferz.Net'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 Surferz.net service.
• 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 $200. Surferz.Net
RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE
IN PAYMENT OF Surferz.Net SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION
OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Surferz.Net SERVICE
VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Surferz.Net RESERVES
THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE
OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE
TERMINATION OF Surferz.Net SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although Surferz.Net advertises "Unlimited Bandwidth" in regards
to some of its services there are several limitations applied. The sole
purpose of these limitations are intended to stop the unnecessary use
of Surferz.Net services by any such User, which restricts system availability
for other such Users. These limitations apply only to Hosting offered
by Surferz.Net.
Restricted Content
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.
Bandwidth Restrictions
Although we advertise unlimited bandwidth, we reserve the right to inform
you that you must transfer your website if an excessive amount of bandwidth
is being used. If the request is not met within 5 days, we do reserve
the right to remove the website from our system.
Limitation of Dial-Up Services
Although Surferz.Net 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 Surferz.Net services by any such User, which restricts
overall Surferz.Net system availability for other such Users. These
limitations apply only to Dial-Up access services offered by Surferz.Net.
Idle Timeout
User agrees to have their online session automatically terminated after
a reasonable amount of consecutive inactivity. Inactivity is defined
as less than 500 bytes of data transferred between User's modem and
the Surferz.Net service.
Maximum Single Session
User agrees to have an online session automatically terminated after
five (5) 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 Surferz.Net 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. This is detected and recorded.
The second party may not even be able to log on.
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 User's
permission after the initial charge. A credit card User shall notify
Surferz.Net of any changes in credit card number or expiration date.
If the card is not honored for any reason, Surferz.Net will attempt
to notify the card holder by E-mail. Surferz.Net will notify the card
holder by mailing an invoice, and if alternative billing has not been
established within a reasonable amount of time, the account will be
terminated. Restoring the account will be subject to a setup fee of
$10.00.
If payment is by check, payment due dates are the first day of the service
month as indicated on User's invoice. Dishonored checks are subject
to a collection fee to be determined by Surferz.Net in its sole and
absolute discretion with a minimum $25 penalty that our processors charge.
And User's account may be suspended until the account is current. If
payment is not received within a reasonable amount of time from the
notification, service will be terminated and a setup fee of $10.00 will
be added to restore the Service.
Surferz.Net maintains the right to terminate Service for any unpaid
subscriptions. Accounts in default are subject to a $5.00 late fee per
month on the outstanding balance. Termination of Service shall not relieve
User from the obligation to satisfy outstanding invoices. In the event
Surferz.Net utilizes an attorney or collection agency to collect any
unpaid amounts, User shall be responsible for the payment of all of
Surferz.Net's attorneys' fees and costs in the collection of these sums.
Surferz.Net reserves the right to change prices at any time without
prior notice to its 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
Surferz.Net reserves the right to cancel Service for any reason without
prior notice. Pre-paid service is non-refundable. Surferz.Net will not
refund any shipping or handling fees. Cancellations after the first
of the month will be charged for that month.
User must notify Surferz.Net in writing or by email from their Surferz.Net
email address to cancel Service. Fees for any setup and monthly service
charges placed by user with Surferz.Net are non-refundable.
There is a no refund policy. There are no refunds for any reason.
No Confidentiality
Information transmitted through Surferz.Net and through the Internet
in general is not confidential. Surferz.Net can not and shall not guarantee
privacy or protection of any User. Surferz.Net 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 Surferz.Net.
Other than that we don't even look at individual accounts.
Customer Information
Unless required by court order, subpoena or other legal request, or
upon the advice of counsel, Surferz.Net will not publish User's name
and other consumer information in any directories which may be accessed
by other Internet users.
Non-transferable
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. 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, User may be asked by
the merchant or information or service provider from whom User is making
the purchase to supply certain information, including credit card or
other payment mechanism information. User agrees that all information
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. User agrees
to pay all charges incurred by users of 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
Surferz.Net does not and will not perform system backups on any User's
E-mail account(s). Surferz.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, Surferz.Net will not provide historical
data, to any party for any reason, regarding any system or Internet
activity.
Surferz.Net does not and will not perform system backups on any web
sites. Surferz.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. Except as otherwise set forth herein, Surferz.Net
will not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Failure to Comply With Terms and Conditions
Surferz.Net may deny User access to all or part of the Service without
notice if User engages in any conduct or activities that Surferz.Net
in its sole discretion believes violates any of the terms and conditions
in this Agreement. If Surferz.Net denies User access to the Service
because of such a violation, User shall not have the right (1) to access
through Surferz.Net 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 Surferz.Net, and Surferz.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.
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 Surferz.Net's system for periods exceeding (8) eight hours, in any
single continuous session. User authorizes Surferz.Net to enforce these
restrictions by appropriate software and network measures, automated
and manual.
User agrees that the account user created is for his / her own personal
use and may not be transferred to any entity without the express consent
of Surferz.Net. User may access his / her account at another location
but may not allow other persons to use their account in lieu of such
person creating their own account. This means please do not let other
people use your account. User agrees to notify Surferz.Net if 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
forms User supplies to Surferz.Net.
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.
Surferz.Net'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.
Surferz.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 New York 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.
Surferz.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 the reasonable control of Surferz.Net.
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 Surferz.Net as the defendant, shall be proper only in
a venue determined by Surferz.Net.
In any action between Surferz.Net and User to enforce any of the terms
of this Agreement, Surferz.Net shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and Surferz.Net
with respect to the Service. In simple terms most people need not have
read this. Each line was made for the rare person who does the things
described.
Anti Spam Policy
Surferz.Net takes a very aggressive stance towards the sending and
receiving of Unsolicited Bulk Email (SPAM) to and from its network.
Surferz.Net reserves the right to apply a fee of $50.00 per email /
per incident to any customer who knowingly transmits or allows the transmission
of such materials from their user accounted. Surferz.Net also reserves
the right to apply a fee of $50.00 for each instance per email of Unsolicited
Bulk Email sent into our network from any external source. This translates
to *If you SPAM our customers we will apply a charge of $50.00 per email*.
Being that you have been notified of our fees, and if you decide to
send such Emails you are also giving express permission to Surferz.Net
and it's assigners the right to request your legal and rightful name
and billing address without the need for legal subpoenas from your Internet
Service.
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