1. All individuals accessing HISnet.org represent to HISnet.org
that they are 18 years of age or older if they are responsible for payment.
2. User understands further that the Internet contains unedited materials some of which
are sexually explicit or may be offensive to you. Hisnet.org makes every attempt to block all offensive material, and
accepts no responsibility for such material that may get through our extensive filtering system.
HISnet.org has no control over and accepts no responsibility whatsoever for such materials.
3. Information transmitted through HISnet.org and through the Internet in
general is not confidential. Therefore, HISnet.org can not and will not
guarantee privacy or guarantee protection of any user. We reserve the right to monitor any
User's transmissions when deemed necessary for providing proper service and/or to protect
the rights and property of the Company. We will not disclose any information about any
User unless required by court order, subpoena or other legal request, or upon the advice
of counsel.
4. HISnet.org exercises no control whatsoever over the content of the
information passing through it. Use of any information obtained via HISnet.org
is at your own risk. Neither HISnet.org nor any of its licensors, employees, or agents
warrants that the service will be uninterrupted or error free; nor does HISnet.org
or its licensors, employees, or agents make any warranty as to the results to be obtained
from use of the service. The service is provided on an "AS IS" basis without
warranties of any kind, either express or implied including but not limited to warranties
of title or implied warranties of merchantability or fitness for a particular purpose or
use. Neither HISnet.org nor anyone else involved in creating, producing, or
delivering the service shall be liable for any indirect, incidental, special, or
consequential damages arising out of the use of the service or inability to use the
service or out of any breach of any warranty. This disclaimer of liability applies to any
damages or injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration of, or use of HISnet.org,
whether for breach of contract, tortious behavior, negligence, or under any other cause of
action.
5. User agrees to indemnify and hold without harm HISnet.org, its
officers, employees, agents, directors, shareholders and other Users from any and all
claims, damages, expenses (including attorney's fees) and liabilities resultant from any
and all use of the User's account whether authorized or not authorized.
6. HISnet.org Internet connections and all other services provided to the
user by HISnet.org may only be used for lawful purposes. Transmission or
storage of any information, data, or material in violation of any U.S. or state regulation
or law is prohibited. This includes but is not limited to copyrighted material legally
judged to be threatening or obscene, or material(s) protected by trade secret. User agrees
to indemnify and hold harmless HISnet.org from any claims resulting from
your use of the service which damages you or another party. HISnet.org
reserves the right to refuse and delete at any time the content of any Web pages
hosted on HISnet.org servers if the content of such Web pages
contains threatning, obscene or offensive material.
7. The right to use HISnet.org is not transferable. Accounts are for your
use only! User is responsible for the confidentiality of user's passwords. Loaning your
account to others, connecting a system used by multiple persons, group use of user logins,
and consuming more than one modem line are explicitly prohibited. If the user has multiple
accounts, then the user is limited to one login session per system account at any time.
Violation of this policy will be dealt with as theft of service and may be prosecuted
under civil and criminal law.
8. HISnet.org's services should not be used to send unsolicited
advertising or promotional materials to other network users. Electronic mail and
appropriate USENET newsgroups may be used in the conduct of legitimate businesses. HISnet.org
DOES NOT ALLOW users to run Mail list, Listserver or any form of auto-responder from a
user's shell. Processes that run or are activated while the user is not logged in are also
NOT ALLOWED. Continued harassment of other individuals on the Internet after being
asked to stop by those individuals and HISnet.org will not be tolerated.
When HISnet.org becomes aware of possible violations, we will initiate an
investigation. At the same time, in order to prevent further possible unauthorized
activity, HISnet.org may suspend access to services to the individual
account in question. Confirmation of violations may result in cancellation of the
individual account and/or criminal prosecution. The account suspension may be rescinded at
the discretion of HISnet.org following payment of a reconnection charge.
9. Use of this account to 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 of illegal activity is expressly prohibited.
User will abide by all the rules, regulations and policies of those networks and computer
systems accessed via this account. If the User is unsure of those policies, it is the
User's responsibility to ascertain said policies.
10. Dial-up flat-rate accounts are not intended to provide a continuous dedicated link.
Such use is prohibited. Accounts which are active for an average of 8 hours per day or
more over the course of the month (approximately 240 hours total) will be considered a
dedicated link. Dedicated accounts are available and allow for 24 hour per day and/or 7
day per week connectivity.
11. PAYMENT TERMS:
• The User is responsible for any and all fixed and accumulative charges for this
account. The first month service fee (or other available billing methods selected) is due
upon account setup. Each month (or other billing period selected), on the first of the
month, the account will be charged the monthly access and any other fees for the new month
plus any accumulated charges for the past month. Failure to use this account(s) does not
relieve the user of payment obligations.
• Credit Card customers agree to allow HISnet.org to bill such card
on each successive billing date without obtaining the user's permission after the initial
charge. Credit Card customers shall notify HISnet.org of any changes in Credit Card Number
or expiration date. If the card is not honored for any reason HISnet.org will attempt to
charge the card for three (3) days. If the card is still not honored on the third day the
Users' account will be suspended for seven (7) days pending payment. If no payment has
been received within seven (7) days of deactivating the account, the account will be
terminated. Re-establishment of the account will be subject to a re-connection fee.
• If payment is by check, payment due date is indicated on your invoice. Billed
accounts (not credit card) are invoiced annually. Dishonored checks are subject to a
collection fee and your account may be suspended until the account is current. If payment
is not received within 10 days of the due date, service will be suspended for a period of
seven (7) days pending receipt of payment. If payment is not received within the seven-day
period, the service will be terminated. A re-connection fee of $100.00 will be added to
charges for further services.
• HISnet.org has the right to instantly terminate service for any
unpaid or partial paid subscriptions. Accounts in default are subject to an interest
charge of 1.5% per month on the outstanding balance. Termination of service shall not
relieve the user from the obligation to satisfy outstanding invoices. In the event HISnet.org
utilizes an attorney to collect such sums, the user shall be responsible for the payment
of all of HISnet.org attorneys' fees and costs in pursuing the collection of
these sums. Venue for any litigation concerning the user's relationship with HISnet.org
shall be in Wake county, in the state of North Carolina.
• HISnet.org reserves the right to cancel service for any reason without
prior notice.
• The User must notify HISnet.org in writing to cancel service.
Cancellations will be effective at the end of each month. Fees for any setup and the first
month's service are not refundable; unless the User is unsuccessful in using the account
and notifies HISnet.org within ten days of establishing said service. Accounts paid in
advance will be canceled on the account expiration date.
• HISnet.org offers discounts for prepayment of services on an
annual basis. Discount programs are not retroactive and will be applied on next billing
cycle. All discount programs are subject to change.
• In addition to any price for services, User shall be responsible for the gross
amount of any present or future federal, state, municipal or other government sales, use,
excise, value added or other similar taxes applicable to the price, sales or delivery of
any services furnished here under or to their use by User.
12. The law that applies to these Terms and Conditions is the law of the state of North
Carolina. In the event that any portion of these Terms and Conditions 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, and all provisions of
these Terms and Conditions which operate to protect the rights of HISnet.org
shall continue in force even in the event of termination of these Terms and Conditions on
other grounds. HISnet.org's failure to insist upon or enforce strict
performance of these Terms and Conditions 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 these Terms and Conditions.
13. By the use of an HISnet.org account the User accepts the terms and
conditions set forth in this agreement.
14. These Terms and Conditions were last changed October 7, 1997.
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