H & H Enterprises. ("H & H ONLINE") 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.
H & H ONLINE exercises no control whatsoever over the
content of the information passing through H & H ONLINE's system. Use of
any information obtained via H & H ONLINE is at User's risk. Neither H
& H ONLINE 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 H & H ONLINE 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 H & H ONLINE, ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER H
& H ONLINE 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 H & H ONLINE, 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
H & H ONLINE IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, H & H ONLINE'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE
OF USER'S SUBSCRIPTION PAYMENT. H & H ONLINE IS NOT LIABLE AND CANNOT AND
WILL NOT RETURN OR PRO-RATE ANY OF THE CURRENT TERM TO CUSTOMER. H & H
ONLINE HAS TO PAY ITS SUPPLIER WHETHER USER IS ON SERVICE ONE DAY OR 30 DAYS,
THEREFORE H&H ONLINE CANNOT AND WILL NOT RETURN OR PRO-RATE ANY OF THE
CURRENT TERM TO CUSTOMER.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of H & H ONLINE 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 H & H ONLINE, 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 H
& H ONLINE, 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 H & H ONLINE 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 H & H
ONLINE shall confer as to and agree on the legal counsel(s) to be selected in
any such defense.
Age
Limit
User represents to H & H ONLINE 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. H & H ONLINE 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 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.
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 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 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.
H & H ONLINE has no obligation to monitor the Service.
However, User agrees that H & H ONLINE 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. H &
H ONLINE will not intentionally monitor or disclose any private E-mail message unless
required by law. H & H ONLINE 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. H & H ONLINE 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 H & H ONLINE following payment of a reconnection
charge, to be determined by H & H ONLINE in its sole and absolute
discretion.
Messaging
User agrees to limit their use of the H & H ONLINE
service, specifically regarding the use of H & H ONLINE'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 H & H ONLINE 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. H & H ONLINE
RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT
OF H & H ONLINE SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR H & H ONLINE SERVICE VIA CASH,
CHECK, OR MEANS OTHER THAN CREDIT CARD, H & H ONLINE 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 H & H ONLINE
SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation
of Web Hosting Services
Although H & H ONLINE advertises "Unlimited
Bandwidth" in regards to some of its services there are several limitations
applied. The sole purpose of these limitations are intended of unncessary use
of H & H ONLINE services by any such User, which restricts system
availability for other such Users. These limitations apply only to Hosting
offered by H & H ONLINE.
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
User agrees
to allow provider to force a 10 minute idle timeout and 5 hour maximum session on their
dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the
use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is
defined as less than 500 bytes of data transferred between User's modem and the service.
User understands that unlimited service does not mean dedicated service. Dedicated service
shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar
month usage report. User may be blocked and forced to upgrade to continue service if their
unlimited account is used as a dedicated connection.
User understands that if they try to use their connection as "dedicated" theat their service
will place as a "limited" account. Once the user has reached their limit, they shall not have
access to the internet until the 1st of the next month. User will not be given and may not
purchase more than one limited account in an attempt to get unlimited access on a limited
service. If user wants "DEDICATED SERVICE", they must purchase an "DEDICATED" account.
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.
Idle
Timeout
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 User's modem and the
H & H ONLINE 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 H & H
ONLINE 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.
Starnet
Access Restrictions
User agrees to not use the service as a dedicated
connection. The determination of what a dedicated connection is shall be at the
sole determination of H & H ONLINE. Service is provided as an unlimited
service provided that you may not use the provided connection as a dedicated
connection.
ISDN Access Restrictions
User agrees that for all ISDN Accounts that they will
be limited to 300 channel hours of access per month. If the
customer exceeds the 300 channel hour limit, there account will
be temporarily disabled until the first of the next month.
Qwest Access Restrictions
User agrees that for all Qwest locations, that they will be limited to 150 hours of access per month. If a customer exceeds the
150 hour limit, there account will be temporarily disabled until the
first of the next month. The timezone used for determination of
hours will be EST time.
UU.net
Access Restrictions
User agrees that for all UU.net locations, that they will be
limited to 150 hours of access per month. If a customer exceeds the 150 hour
limit, there account will be temporarily disabled until the first of the next
month.
Terms
of Payment
User Understands that all invoices are sent to User's e-mail addess. User must inform H & H Online of actual e-mail address they wish to accept invoices whether or not User makes use of H & H Online user email addess or not. It is the User's resposibility to read their own e-mail and to make payments promptly by due date.
A credit card User agrees to allow "H & H Enterprises" 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 H & H
ONLINE of any changes in credit card number or expiration date. If the card is
not honored for any reason, H & H ONLINE will attempt to notify the
cardholder by using the telephone information given at sign-up or by E-mail. H
& H ONLINE will call the cardholder, and if alternative billing has not
been established, the account will be terminated. Restoring the account will be
subject to a setup fee of $20.00.
If payment is by check, payment due dates are indicated on
User's invoice. Dishonored checks are subject to a collection fee to be
determined by H & H ONLINE in its sole and absolute discretion and 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 $20.00 will be added to
charges for additional Service.
H & H ONLINE maintains the right to terminate Service
for any unpaid subscriptions. Accounts in default are subject to an interest
charge of 2.5% per month on the outstanding balance. Termination of Service
shall not relieve User from the obligation to satisfy outstanding invoices. In
the event H & H ONLINE utilizes an attorney to collect any unpaid amounts,
User shall be responsible for the payment of all of H & H ONLINE'S
attorneys' fees and costs in the collection of these sums.
H & H ONLINE 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
H & H ONLINE reserves the right to cancel Service for
any reason without prior notice. Pre-paid service is non-refundable. H & H
ONLINE will not refund any shipping or handling fees. Cancellations after the
first of the month will be charged for that month.
User must notify H & H ONLINE in writing to cancel Service. Cancellations shall not be honored by electronic mail. Cancellations must be recieved by H & H Online by the 25th of the month to avoid resposibility of having to pay for following month. Fees for any setup, shipping and handling, and monthly service charges placed by H & H ONLINE are non-refundable.
No
Confidentiality
Information transmitted through H & H ONLINE and through
the Internet in general is not confidential. H & H ONLINE can not and shall
not guarantee privacy or protection of any User. H & H ONLINE 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 H & H ONLINE.
Customer
Information
Unless required by court order, subpoena or other legal
request, or upon the advice of counsel, "Your Company Name" may
publish User's name and other consumer information in one or more directories
which may be accessed by other Internet users. In addition, unless User
notifies "Your Company Name" to the contrary as provided above,
"Your Company Name" 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 User does not wish such information to be made
available.
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
H & H ONLINE does not and will not perform system
backups on any User's E-mail account(s). H & H ONLINE 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, H & H ONLINE will not provide historical data,
to any party for any reason, regarding any system or Internet activity.
H & H ONLINE does not and will not perform system
backups on any web sites. H & H ONLINE 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,
H & H ONLINE will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Customer Support
H & H ONLINE is a Christian organization.
Therefore reserves the right to limit technical support and/or any form of
contact with customers on that basis. As a small company H & H ONLINE does not
have resources to fund a 24/7 Technical Support staff. Technical Support and/or
any form of contact with customers are not available on Sunday. Sunday is a
Holy day and will be treated as a Holy day. Technical Support and/or any form
of contact with customers is available on a limited basis on Saturday. Because
of the nature of business that the company conducts there are many occasions
that require the use of telephone answering systems. Telephone answering
systems will be used on an as needed basis.
Failure
to Comply With Terms and Conditions
H & H ONLINE may deny User access to all or part of the
Service without notice if User engages in any conduct or activities that H
& H ONLINE in its sole discretion believes violates any of the terms and
conditions in this Agreement. If H & H ONLINE denies User access to the
Service because of such a violation, User shall not have the right (1) to
access through H & H ONLINE 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 H & H ONLINE, and H & H ONLINE 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 H & H ONLINE's system for periods exceeding (5) five hours, in
any single continuous session. User authorizes H & H ONLINE to enforce
these restrictions by appropriate software and network measures, automated and
manual.
User agrees to notify H & H ONLINE 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 H & H ONLINE.
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.
H & H ONLINE'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.
H & H ONLINE 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 Illinois 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.
H & H ONLINE 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 H & H
ONLINE.
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 H & H ONLINE as the defendant, shall be proper only
in a venue determined by H & H ONLINE.
In any action between H & H ONLINE and User to enforce
any of the terms of this Agreement, H & H ONLINE shall be entitled to
recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and H & H ONLINE with respect to the Service.
COPYRIGHT © 2001 H & H Enterprises. H & H Online 593 Albert Edmonds Drive Ringgold, Virginia 24586