Spydernet is pleased to provide Internet access and other related services to you. Please read this agreement carefully. It comprises the entire contract between Spydernet and Subscriber.
Completing the Spydernet enrollment process or using the service implies your acceptance of these terms. Spydernet reserves the right to modify this Agreement, at any time, upon 30 days notice. When Spydernet modifies this Agreement, Spydernet shall send Subscriber an e-mail notifying Subscriber of the modification(s) and will also post modifications on Spydernet’s web site. If you do not agree to these terms and conditions, please notify our office at 903-581-6111 between 9 AM and 6 PM weekdays so we can terminate your account. Continued use of the service shall constitute your approval.
1. Subscriber. Subscriber represents and warrants to Spydernet that he/she is eighteen (18) years of age or older or is another type of legal entity, such as a corporation.
2. Services Provided. Spydernet provides access to the Internet.
Using a personal account for high volume or commercial use ( more than 200 hours in a calendar month is considered commercial or dedicated use) is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. Members may not use the Services on a standby or inactive basis in order to maintain a connection (this includes leaving mail clients open and/or chat software such as AOL instant messenger). Pinging is expressly prohibited. Accordingly, Spydernet maintains the right to terminate any member’s connection following any extended period of inactivity as determined by Spydernet. Violations will result in termination of your account.
3. Password. You are responsible for keeping your password a secret. If someone improperly uses your password, you shall be fully responsible for that unauthorized use. Please be aware that Spydernet will never call and ask for your password for any reason. If you call Spydernet, Spydernet may ask for your password to correct errors or to change your password.
4. Internet Matters. Spydernet does not control the Internet in any way. At various Internet sites, obscene and offensive material may be encountered. It is agreed that Spydernet has no responsibility for, nor any control over, any information accessed by the Subscriber on the Internet. Such materials are accessed at your own risk.
5. E-mail & Privacy. Electronic mail and other transmissions passing over the Internet and through Spydernet’s system are not confidential. Therefore Spydernet cannot guarantee the protection or privacy of any information of any subscriber. Spydernet reserves the right to monitor a subscriber’s mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of Spydernet. Spydernet will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise, on the advice of counsel.
6. All information obtained over the Internet through Spydernet is used at your own risk.
7. Spydernet service is provided without warranties of any kind, either express or implied. Spydernet shall not be liable for any damages arising out of the use of the service or inability to use the service.
8. You agree to indemnify and hold without harm Spydernet, its officers, employees, 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 your account whether authorized or not authorized.
9. Other Networks. Attempts to gain unauthorized access to other computer systems are prohibited. You must agree to abide by all rules, regulations and policies of networks and computer systems accessed via Spydernet. If you are unsure of those policies, it is your responsibility to ascertain said policies.
10. Responsibility for Backup. Spydernet is not responsible for any files that Subscriber stores on Spydernet’s system. Subscriber is completely responsible for setting up an independent backup routine for data that Subscriber stores on Spydernet’s system.
11. Non-transferable. The right to use Spydernet is not transferable. Accounts are for the use of Subscriber only. Subscriber is responsible for the confidentiality of Subscriber’s passwords.
12. Lawful Use. Services provided to you through Spydernet, may only be used for lawful purposes. Transmission or storage of any data, information or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Subscriber may not, under any circumstances, use Spydernet in an unlawful manner, including, but not limited to:
A. posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
B. Intercepting or attempting to intercept e-mail; and
C. Uploading files that contain software or other material protected by copyright laws unless you own or control the rights thereto.
13. System Rules. You must use your best efforts to avoid interfering with any other person’s use and enjoyment of the Internet. You agree to comply with the following system rules of Spydernet. The following are strictly prohibited:
A. Any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of Spydernet or any other computer system accessed through Spydernet;
B. Sending unsolicited mail messages (“junk mail” or “spam”). This includes but is not limited to, mailing of commercial advertising, informational announcements, political announcements and religious information. Such material may only be sent to those who have explicitly requested it;
C. Forwarding or posting “chain letters”, “pyramid schemes”, “make -money fast schemes” or of any similar type;
D. Forging any message header, in whole or part, of any electronic transmission, originating or passing through Spydernet’s system. Additionally all messages must contain a valid return address;
E. Posting or transmitting any fraudulent information. This means any information that you know or have reason to know is false, and that you intend for others to rely on;
F. Posting or transmitting any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations;
G. Impersonation of any person including but not limited to, a Spydernet official or an information provider, guide, or host, communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue and message posting;
H. Newsgroup violations including posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “newsgroup spam”); posting information that is inappropriate or topics not related to the topics focused on by the particular participants of the particular newsgroup; posting binary files to newsgroups not specifically named for that purpose; posting any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals, or other entities, except in those areas (e.g., classified areas) that are designated for such a purpose; and violation of newsgroup charter or FAQ. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it;
I. Use of maillist, listserver or any form of auto-responder from a subscriber’s account on Spydernet’s server;
J. User processes that run or are activated on Spydernet’s servers while the user is not logged in;
K. Use of any device or software that would allow your account to stay logged on while you are not actively using Spydernet services or use of the account for the purpose of operating a server of any type;
L. Interference with or attempting to interfere with service to any user, host, or network (“denial of service attacks”). This includes but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host;
M. Sending threatening or harassing e-mail (i.e. threatening physical injury or damage to persons or property);
N. Unauthorized reselling of Spydernet; or
O. Solicitation of Spydernet Subscribers to become subscribers of other online services competitive with Spydernet. Failure to comply with system rules may result in suspension or termination of your account.
14. Telephone Charges. You are responsible for providing all telephone, modem and other equipment required to access Spydernet. You are responsible for verifying that the phone number you are calling when you access the Internet through Spydernet is a local access number. Subscriber agrees to be responsible for all telephone charges, if any, incurred by Subscriber in accessing Spydernet.
15. Disk Space. Subscribers have a 3 megabyte limitation of disk space for all storage of data (files, directories, web pages). The Subscriber must monitor and maintain all data and delete or compress files if the 3 megabyte limit is reached or exceeded. Spydernet reserves the right to delete any data as required to reach Subscriber’s space limit.
16. Personal Web Space. Personal Web space is for personal information. Any advertising, marketing or pricing of ANY enterprise, service or product, public or private is strictly prohibited. Personal Web pages are limited to 2500 hits per month. Violation of these restrictions will result in the suspension of access to your Web Site.
17. Billing Questions. Any billing questions can be emailed to firstname.lastname@example.org (such as a new credit card, changing packages, or changing method of payment).
18. Monthly Charge. The monthly charge for all clients is payable in advance. Refunds will only be given if our technical support staff has determined that the clients’ computer is unable to obtain access to the Internet through Spydernet. This determination must be made within five (5) days of the start of service. No refunds will be given after five (5) days of the start of new service. No Refunds of any kind for service older 90 days.
19. Connection Liability. Spydernet is responsible for setting up a reliable Internet connection on the clients’ computer. Any hardware/software problems that the client may encounter after the connection is established are the responsibility of the client. Accounts put on hold for hardware/software problems will continue to be billed through the remainder of the billing cycle.
20. Credit Card Payments. If payment is by credit card, client expressly authorizes Spydernet to charge the credit card account number associated with that account for any access service charges that accrue from month to month.
21. Account Disconnection. A clients’ account may be immediately disconnected without notification at Spydernet’s sole discretion, for declined credit cards, returned checks, or any other nonpayment of account charges. Any account disconnected will be subject to a $15.00 reconnection fee. Any account that is reactivated will be given the current rate plan available.
22. Billing Cycle. The monthly billing cycle will begin on the date of a client’s sign-up for access service and will continue on a month-to-month basis until terminated by either the client or Spydernet. If payment is made by anything other than a credit card (cash, check, money order), the account charges are due upon a receipt of an email or paper invoice. Request for changes to your account will be made at the beginning of the next billing cycle.
23. Payment Deadline. Spydernet must receive payment on or before the first day of each billing cycle. The account will be considered to be in default if payment of all account charges is not received within five (5) days of the beginning of the billing cycle. If an account is still unpaid fifteen (15) days after the first date of the billing cycle, client may have their access service interrupted or terminated.
24. Late Payments. All overdue invoices will be assessed a late charge of 10% of their unpaid balance with a minimum late charge of $5.00. Any account that has been deactivated because of nonpayment will be charged a reactivation fee of $15.00.
25. Returned Items. If any instrument received in payment is returned to Spydernet unpaid, the account will be considered to be in default, and in addition to the amount due, the account will be subject to a returned check charge of $25.00.
26. Rates And Terms. Spydernet reserves the right to change its rates and otherwise modify the terms of the client agreement, to discontinue all or any part of the provided services at any time by giving the client thirty (30) days advance notice.
27. Discrepancies in Billing. Unless Subscriber notifies Spydernet of any discrepancies or irregularities within thirty (30) days of the date of the charge, they will be deemed accepted by you for all purposes, including resolution of inquiries made by card issuer. SUBSCRIBER RELEASES Spydernet FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO Spydernet WITH THIRTY (30) DAYS OF ITS PUBLICATION DATE.
28. Subscriber Cancellation. Subscriber must notify Spydernet in writing via U.S. Postal Service [PO Box 131568, Tyler, Texas, 75713], or fax (903-581-6111 option 7) of intent to cancel account(s). Fees for any setup and the first month’s service are not refundable, unless Subscriber is unsuccessful in using the account and notifies Spydernet with five (5) days of establishing said account. Accounts which have been pre-paid will be terminated on the next anniversary date following the cancellation. Subscriber accounts are not “monitored” for inactivity and Spydernet does not assume a wish to cancel if account is not used. There are no refunds for time not used.
29. Secondary or Associate Accounts. In the event a Primary or Principal account is terminated, all secondary or associate accounts shall also terminate. If the User of a secondary or associate account wishes to continue their accounts, they must make arrangements to convert their account to a regular account.
30. Spydernet Cancellation. Spydernet reserves the right, in its sole and absolute discretion, and without prior notice, to immediately cancel Subscriber’s account for any reason. When an account is canceled for violation of published terms and conditions, no refund shall be due, such forfeiture being agreed as liquidated damages and not as a penalty. You further agree that if you violate Spydernet’s Terms and Conditions, Spydernet may refuse to accept any applications for renewal or reinstatement following cancellation.
31. Balance Due at Cancellation. Termination or suspension of service shall not relieve Subscriber from the obligation to satisfy outstanding invoices. In the event collection effort is required, Subscriber shall be responsible for all costs of collections including attorney fees.
32. Severability. In the event that any portion of this Service Agreement is held to be invalid or unenforceable, the invalid or 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 this Service Agreement which operate to protect the rights of Spydernet shall continue in force even in the event of termination of this Service Agreement on other grounds.
33. No Waiver. Spydernet’s failure to insist upon or enforce strict performance of this Service Agreement shall not be construed as a waiver of any provision or right.
34. Governing Law. This agreement is governed by the laws of the State of Texas. Both parties consent to the exclusive jurisdiction and venue of courts in Smith County, Texas in all disputes arising out of or relating to this Service Agreement.
35. Captions and Headings. The various sections of this Service Agreement are for convenience only and carry no legal effect and shall no way effect the interpretation or construction of the provisions of this agreement. 36. Relationship of Parties. Subscriber acknowledges that no joint venture, partnership, employment, or agency relationship exists between Subscriber and Spydernet. Subscriber agrees not to hold itself out as a representative, agent or employee of Spydernet, and that Spydernet will not be liable by reason of any representation, act or failure to act by the Subscriber.