Earthnet Terms of Service
By using Earthnet's Internet Services you agree to the following Terms of Service. Please read them carefully.
SUMMARY OF TERMS OF SERVICE
You agree to provide true and accurate information about yourself during the sign-up process.
You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe on the intellectual property or other rights of another.
You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail.
You agree that Earthnet may, in their sole discretion terminate your service if it is believed you have violated the Terms of this agreement in any way.
You agree that all billing disputes must be submitted in written form (mail, fax, or email) within 30 days of receiving the statement. No credits or adjustments will be issued after said period.
You agree to Earthnet's payment terms such that all accounts are pre-pay. Any account prepaying from month to month is given a 21 day grace period after which a late fee is accrued. Setup fees are non-refundable. Discounts are awarded such that for any account that prepays: for every 6 month prepayment, one month is free. (All contractual services are exempt from the prepay discount and must pay according to the contract terms.)
I. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
The service provided by Earthnet is done solely under the terms and conditions of this Earthnet Terms of Service and any amendment thereto, and any operating rule and policies that may be published from time to time. The Earthnet Terms of Service comprises the entire agreement between Earthnet and User and supercedes any prior agreement related to the subject matter herein. BY CONTINUING TO USE EARTHNET'S INTERNET SERVICES YOU ARE AGREEING TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT.
II. DESCRIPTION OF SERVICES
If Earthnet is providing the User with:
Earthnet is providing User with the capability to access the Internet and World Wide Web.
Earthnet is providing User with the capability to send and receive electronic mail via the World Wide Web.
Earthnet is providing User with web page design. Earthnet is responsible for the content and html only so much as the signed Web Development Contract decrees. User has the option of a continuance contract for maintenance and revisions of the design via contractual agreement only.
Earthnet is providing User with the capability to host a website (s) on Earthnet's hardware. Earthnet is responsible for the technical environment pertaining to that hosting. Earthnet is not responsible for the webpage's functioning except as decreed in a Web Development Contract.
Earthnet is providing User with the capability to place on Earthnet's physical location a User owned server, and share in Earthnet's Internet connectivity. Earthnet is responsible for the physical well being of the hardware including security and power back-ups. Earthnet is not responsible for the functioning of the co-located machines hardware or software unless decreed in a Web Colocation Contract.
Earthnet is providing user w/ the capability of electronic commerce. Earthnet will set-up the page according to the eCommerce Contract and will be responsible for the functioning pertaining to that set-up.
III. MODIFICATIONS TO TERMS OF SERVICE
Earthnet may change the Terms of Service from time to time. User will be notified via e-mail or postal mail. Continuation of use of Earthnet's services will be considered an agreement to the change of terms.
IV. MODIFICATIONS TO SERVICE
Earthnet reserves the right to modify, limit, or discontinue, temporarily or permanently, the Service with or without any notice to user.
Earthnet considers all e-mail transmitted via the service to be the private correspondence between sender and recipient. Earthnet will not monitor, edit, or disclose the contents of a user's e-mail communications, except that User agrees Earthnet may do so: (a) as required by law; (b) to comply with the legal process; (c) if necessary to enforce the Terms of Service; (d) to respond to claims of third party violations; (e) to protect the rights and property of Earthnet or others.
User understands and agrees that technical processing of e-mail communications is and may be required, (a) to send and receive messages, (b) to conform to the technical requirements of connecting networks, (c) to conform to the limitations of the Service; or (d) to conform to other, similar requirements.
User acknowledges that Earthnet does not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes on the intellectual property or other rights of another.
VI. USER ACCOUNT AND PASSWORD SERCURITY
User will receive a password and account designation upon completing the sign-up process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's account and password. User agrees to notify Earthnet immediately of any unauthorized use of User's password, account or any other breach of security.
VII. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of Earthnet's Service, and agrees not to interfere with the use of the service by other users. User agrees to be solely responsible for the contents of user's transmissions through the service.
User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of others. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail.
Hosting Customers: The Customer is responsible for insuring that their websites are secure. If a customer's website, knowingly or unknowingly causes a server to be compromised, spam to be delivered from or to our network, or other consequential violations of other parts of this terms of service, we may at our discretion cancel the customers service, limit access, and charge for any associated cleanup/repair of our equipment. Emergency repair is billed at $200 an hour and $5 per spam email. It is very important to understand the security implications of any applications uploaded to our servers.
User agrees to indemnify and hold Earthnet, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorneys' fee, made by any third party due to or arising our of User's use of the service, connection to the Service, violation of the Terms of Service, or violation of any right's of another.
IX. EMAIL & DATA STORAGE
Earthnet assumes no responsibility for the deletion or failure to store email messages. Earthnet may establish a limit on the size of message storage it will maintain for User.
Earthnet does not provide or guarantee any backups whatsoever, therefore the client is responsible for backing up their data. Client agrees to withhold any legal actions against Earthnet if the event of data loss occurs. EARTHNET IS NOT RESPONSIBLE FOR LOSS OF CLIENTS DATA, AND CLIENT AGREES THAT IN NO EVENT SHALL EARTHNET BE LIABLE FOR ANY DATA/INFORMATION/CONTENT/CODE/DESIGN/PROGRAM LOSS.
User agrees that Earthnet may terminate User's password, account or use of the Service if Earthnet believes that (a) User has violated the Terms of service, (b) that User that violated the rights of Earthnet or other Users or parties. User further agrees that Earthnet may suspend or terminate user's password, account or use of Service if User fails to pay the required fees when due.
User agrees that any suspension, limitation, or termination of service under this agreement may be done without prior notice, and acknowledges that Earthnet may immediately delete any e-mail or files in User's account and bar any further access to such files or the Service.
ISP Services (Dialup, DSL, Email): these services are subject to a $20 reconnect fee if suspended for non payment or TOS violation.
Shared Hosting: subject to a $50 reconnect fee if suspended for non payment or TOS violation.
Colocation or Dedicated Servers: subject to a $100 reconnect fee if suspended for non payment or TOS violation.
Earthnet may block data center access to data center customers with an overdue bill. Earthnet may take ownership of any equipment left in its control 30 days after service has been terminated by Earthnet or Earthnet's customer without payment in full.
XI. DISCLAIMER OF WARRANTIES
USER AGREES THAT USE OF THIS SERVICE IS AT USER'S OWN RISK.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTERSYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOAD OF SUCH MATERIAL/DATA.
EARTHNET MAKES NO WARRANTY FOR GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED THROUGH EARTHNET'S SERVICE.
NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM EARTHNET OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XII. LIMITATION OF LIABILITY
USER AGREES THAT EARTHNET SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSITITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF EARTHNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURHTER AGREES THAT EARTHNET SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, LIMITATION, OR TERMINATIION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTANT OR ADVERTANT.
SOME JURISDICITONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any notice to User or to the Service shall be made via e-mail or postal mail. The Service may also provide notices of changes to the Terms of Service or other matters by generally displaying notices on the Service.
The Terms of Service and the relationship between User and Earthnet shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. User and Earthnet agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Colorado.
The failure of Earthnet to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such rights or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising from the use of the Service of the Terms of Service must be filed within one year after such claim or cause of action arose or forever be barred.
The section titles in the Terms of service are for convenience only and have not legal or contractual effect.