ACCEPTABLE
USE POLICY
pkFamily
is a division of Promise
Keepers and is powered by ISPBrand.com, a division
of 711.NET. ViaFamily / 711 Online / ISPBrand and
all services of 711.NET, Inc. are committed to making
the Internet a useful communication tool by providing
safe and easy Internet access to individuals and
families who want a protected, family-friendly
environment.
It
is very important that you read and accept this
agreement before you use our Internet service.
By establishing an account or using this service,
you agree to be bound by this Agreement and to use the
Services in compliance with this Agreement, our
Acceptable Use Policy and all other policies presented.
____
I agree to abide by the terms and conditions of this
policy
____
I do not agree
INDEX
1.
Terms
of Service and Subscriber Acceptable Use Policy
2.
Internet
Access Agreement
3.
“No
Spam” Policy
4.
Disclaimer
Statement
5.
Copyright/Trademark
Information
(1)
Terms of Service and Subscriber
Acceptable Use Policy
Using
the services of ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. constitutes acceptance of
our Policy. Failure
to abide by all
the terms and conditions of
this Policy may result in immediate termination of your
account without refund.
Because
your membership is personal to you, you agree not to
assign, transfer or sublicense your rights as a member.
By accepting individual responsibility for
your account, we expect that you will adhere to
reasonable security standards and not share your
password, leave your password in an unsecured place, or
otherwise compromise the security of your account. All
accounts are single user only. Multiple or
concurrent connections are prohibited.
You will be held responsible for all Policy
violations resulting from use of your account.
Creative
attempts to circumvent the Policy are unacceptable.
We are interested in making the use of the
Internet safe and enjoyable for our subscribers and are
not interested in seeing how clever users can remain
“technically” within the Policy while violating the
spirit of it. If
we feel that your usage has violated the Policy, we
reserve the right to terminate your account and dispose
of any files associated with your account.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
has no obligation to monitor any member’s use of the
service or to retain the content of any user session.
However, we reserve the right at any time and
without prior notice to delete any content.
1.1
Use of ViaFamily / 711 Online / ISPBrand and any service
of 711.NET, Inc.
As
a member, you agree not to do any of the following while
being connected to ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc.:
o
Use
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. or any of its related services in
connection with surveys, contests, pyramid schemes,
chain letters, junk e-mail, spamming or any duplicative
or unsolicited messages to parties with whom you have no
prior relationship (commercial or otherwise);
o
Use
of a personal account for high volume or commercial
use. Activities
which are prohibited as high volume include, but are not
limited to:
o
Any
e-mail accounts storing more than 5MB at any given time.
o
Excessive
Online Usage –Subscribers may not maintain an “Unattended”
connection to the service, causing excessive connection
time, for any reason.
While excessive connection time is determined at
the sole discretion of the company, national averages
for Internet use is approximately 30 hours per month per
account. The
company monitors all Internet account activity and,
providing you use the service as defined within the body
of this service agreement, the company defines
UNLIMITED USAGE as a “Live” and “Interactive”
connection to the service for its subscriber’s
enjoyment. It
does NOT mean an unlimited or dedicated
connection to the Internet.
All
accounts have an automatic fifteen-minute
“idle-timeout” feature that clears the line
for ACTIVE users, providing network efficiency for the
good of all other Internet subscribers.
YOU ARE PROHIBITED FROM CIRCUMVENTING THIS
FEATURE. Attempts
to keep a connection “Live” by Robotics or other
means, as defined in this agreement, is a strict
violation and will cause immediate termination.
Accounts
exceeding 150 hours per month (5 Hrs/day), if determined
by the company to be dedicated access use, shall be
subject to excess usage charges at the rate of $.50 per
hour. Example, 200 hours of use equals 50 excess hours
of use @ $.50 per hour, totaling $25.00 per month in
addition to regular monthly charges.
Herein, you agree to pay such excess use fees.
In
addition, subscribers with exceptionally heavy usage may
be asked to moderate their usage, switch
to a “Dedicated” plan or leave the service.
o
Exceeding
500K of traffic to your personal home page in a
one-month period of time.
o
Any
simultaneous, unattended or continuous connection to
ViaFamily / 711 Online / ISPBrand or any service of
711.NET, Inc. with one account, including but not
limited to;
o
Use
of any software (including email programs) or any other
type of device that would allow your account to stay
“Logged on” while you are not actively using the
service. Note-Users
of “Outlook Express” are required to disengage
all “Automatic” features to gather email that
creates a dedicated or continuous connection.
o
Installation
of “auto-responders,” “cancelbots” or similar
automated or manual routines that generate excessive
amounts of traffic or disrupt mail use by others.
o
Running
TIA, SliRP or other Slip emulators from your account.
Running daemons, MUDs, BOTs or other background
processes. Running
programs such as “Keep Alive” or other programs
intended to circumvent the “Idle-Timeout” feature.
o
Use
of the account for the purpose of operating a service of
any type.
o
Defame,
abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity)
of others.
o
Publish,
distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful
material or information.
o
Advertise
or offer to sell or buy any goods or services for any
non-personal use.
o
Collect
information about others, including e-mail addresses
without their consent.
o
Use
the service for illegal purposes or in support of
illegal activities. ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. reserves the right to
cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or
civil wrongdoing. Activities which are prohibited as
potentially illegal include, but are not limited to:
o
Unauthorized
copying of copyrighted material;
o
Exporting
software or technical information in violation of U.S.
export control laws;
o
Posting
or e-mailing of scams or “make money fast” schemes;
o
Threatening
bodily harm or property damage to individuals or groups;
o
Making
fraudulent offers of products, items or services;
o
Tampering
with or
attempting to access the accounts of others within the
service or other entities services (i.e.,
“hacking”).
o
Harassing
others by “mail-bombing” or “news-bombing;”
Mail-bombing is defined as sending more than ten (10)
similar mail messages to the same e-mail address.
News-bombing is defined as sending more than 10MB
of data to a newsgroup.
Sending unsolicited e-mail messages where the
recipient objects to the content or to the receipt of
the message in general or contains “Negative
Options” for reply.
NOTE:
Subscribers are expressly prohibited from
utilizing the service, equipment or any electronic mail
address in connection with the sending of the same or
substantially similar unsolicited e-mail messages.
This prohibition extends to the sending of
unsolicited mass mailings from another service which in
any way implicates the use of this service, equipment or
e-mail address. In
cases of willful violations of this provision, the
offending subscriber agrees to pay $1,000 per day.
Payment by subscriber shall not prevent the
company from seeking additional legal remedies
available, including other damages.
o
Transmit
or upload any material that contains viruses, Trojan
horses, worms, time bombs or any other harmful or
deleterious programs.
o
Engaging
in any activities using the service of another provider
but channeling such activities through one of our
accounts or using your account as a mail-drop for
responses.
o
Abusing
the services of a remote server or violating a remote
system’s terms of service while connected to that
service from your account.
o
Access
your account from more than one computer simultaneously.
o
View,
intercept or attempt to intercept e-mail or other
private communications not intended for you.
o
Attempt
to gain unauthorized access to ViaFamily / 711 Online /
ISPBrand or any service of 711.NET, Inc. or computer
systems/networks connected to ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
has no practical ability to restrict all conduct,
communications or content which might violate this
Policy prior to its transmission on its systems,
nor can we ensure prompt removal of any such
communications or content after transmission or posting.
Accordingly, ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. does not assume liability to
subscribers or others for any failure to enforce the
terms of this Policy.
We
reserve the right to terminate any account without
refund for other kinds of Policy non-compliance and
reserve the right to refuse service to anyone, and for
any reason, in our sole discretion. In all of these
matters, decisions by ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. are final.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
reserves the right to modify this Policy at any time by
posting changes online. You are responsible for
routinely reviewing information posted online for
ViaFamily members. Your non-termination or
continued use of the service after changes are posted
will serve as your acceptance of this agreement as
modified by the posted changes.
(2)
ViaFamily / 711 Online
/ ISPBrand and any service of 711.NET, Inc. Internet
Access Agreement
Please
read this agreement carefully before you access the
service provided to you by ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. By downloading
or using the software, you are agreeing to be bound by
the terms of this agreement, the license agreement, and
the terms of the service and subscriber acceptable use
policy ("POLICY").
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
provides the Service defined below subject to your
compliance with all of the terms and conditions, which
are collectively referred to as the
"Agreement." This Agreement is intended
to establish the terms and conditions of the Service.
Other services provided to you by ViaFamily / 711 Online
/ ISPBrand and any service of 711.NET, Inc. may not be
subject to the terms and conditions of this Agreement
unless this Agreement is expressly incorporated into any
other agreement regarding those services.
2.1
SERVICE
Service
provided to you by ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. includes the following
features:
- Internet
access-See “Terms of Services and Acceptable
Use”
- Electronic
mail ("email") capability and the use of a
single electronic mail address to enable you to send
and receive email communications.
- Web
site (up to 5 megabytes) on ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc.’s
server. (Only one free web site is given to a
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. subscriber; additional mailboxes are
not entitled to additional free web sites.)
Any
means of identification assigned for you to use the
Service remain the property of ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. and may be
altered or replaced at any time. Identifications
include, but are not limited to, account usernames and
email addresses.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
makes no guarantees as to the continuous availability of
the Service or any specific feature. ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc.
reserves the right to change the Service at any time
with or without notice. Features of the Service
that are subject to change include, but are not limited
to, access procedures, commands, documentation, hours of
operation, menu structures, and vendors.
2.2. REGISTRATION
REQUIREMENTS
You
must be at least 18 years old to register for this
Service. By indicating your acceptance of this
Agreement, you are warranting that you meet this age
requirement.
You
must provide accurate and complete billing information.
This information must include your legal name, address,
and telephone number. Any changes to this information
must be reported to ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. no later than 30 days
after such change becomes effective.
By
indicating your acceptance to this Agreement, you agree
that you will be responsible for all charges posted to
your account until you cancel the account.
2.3.
FEES, CANCELLATIONS and REFUNDS
All
periodic charges (whether monthly, semi-annually, or
annually), or other charges for prepaid plans must be
paid in advance and are non-refundable.
This
includes any setup and service fees. No prorated
refunds will be given for fees paid in advance.
Current
setup and service fees for ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. are posted on
the Pricing Plan. ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. reserves the right to
change prices and institute new fees at any time by
posting the new rates on the ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. Pricing Plan.
A
service charge may be assessed to a subscriber's account
for each check that is returned for insufficient funds.
An
account is classified as delinquent if there is an
unpaid balance at the beginning of a new accounting
cycle. Delinquent accounts may be suspended or
canceled at ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc.'s sole discretion. If your
account is suspended, regular charges continue to accrue
until you cancel your account. Interest charges of 1.5%
per month (or the highest rate permitted by law if lower
than 1.5% per month) will accrue daily on any unpaid
balance.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
may, at its sole discretion, charge a fee to reinstate a
suspended account.
You
agree to pay (1) all Sales and Use Taxes, Duties, or
Levies which are required by applicable law and (2) any
costs incurred in the collection of any delinquent fees
due under this Agreement or the enforcement of this
Agreement, including attorney fees.
Billing
errors must be reported to the Customer Service
Department within 60 days of the invoice or transaction
date of the charge. No adjustments will be given for any
charges that are more than 60 days old.
Without
limiting anything else in this Agreement, ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc.
reserves the right to suspend or terminate your
membership without notice upon rejection of any charges
or if your account issuer (or its agent or affiliate)
seeks return of payments previously made to ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc.
when, in good faith, believes you are liable for the
charge.
2.4.
USE OF THE SERVICE
You
and any members of your immediate household are the only
individuals who are authorized to access the Service
through your ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. account.
It
is your responsibility:
To
protect your account against access by any other
individual or entity;
To
ensure that all authorized users of your account comply
with all of the terms and conditions of this Agreement;
To
protect the confidentiality of all passwords used by you
or members of your household to access the Service;
- For
all activities and charges assessed as a result of
the use of your passwords and account in connection
with the Service.
Note: You may not be held responsible for
activities and charges attributable to an
unauthorized user's access to your account, provided
you notify ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. within 24 hours of
discovering any such unauthorized use of your
account. The unauthorized use must not be
directly attributable to the failure of any
authorized user to exercise reasonable efforts to
maintain the confidentiality of the account.
- For
all local and long distance telephone charges for
connection to the Service by you and by those who
access the Service through your account.
You are solely responsible to contact your
local telephone company and determine that any
dialup numbers you use are, in fact, local
non-toll numbers.
The company is not responsible for any long
distance or toll charges incurred through the use of
your account for any reason.
- For
providing all computer equipment, software, and
maintenance necessary to access the Service, except
for the ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. software.
You
agree not to use the Service or permit others to use the
Service through your account in any way that violates
any international, federal, state, or local law or
regulation, subjects ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. to any liability or is
contrary to any portion of its Policy.
You
agree to comply with all ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc., Inc. security
procedures and standards and to be bound by the terms
and conditions of the License Agreement for any software
provided to you by ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc.
2.5.
MONITORING; DISCLOSURE OF SUBSCRIBER INFORMATION
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
has no obligation to monitor the Service. However,
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. reserves the right to do so and to
disclose information regarding the use of the Service to
satisfy laws, regulations or governmental requests, to
operate the Service properly or to protect itself or its
subscribers.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
will not disclose subscriber information to any persons
or entities for the purpose of soliciting ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc.'s
subscribers.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
reserves the right to remove or refuse to post any
information or materials that are deemed by ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc.
to be unacceptable, undesirable, or in violation of this
Agreement.
2.6.
NO WARRANTIES
Except
for certain products and services specifically
identified as being offered by ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc., neither
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. nor any of its affiliates controls any
information, products, or services on the Internet.
Except for such ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc.-identified content, all
merchandise, information, and services offered, made
available, or are accessible on the Internet are by
third parties who are not affiliated with ViaFamily /
711 Online / ISPBrand and any service of 711.NET, Inc.
or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU OR
AUTHORIZED USERS ON YOUR ACCOUNT.
NEITHER
ViaFamily / 711 ONLINE / ISPBRAND AND ANY SERVICE OF
711.NET, INC. NOR ITS AFFILIATES MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS
INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE REGARDING ANY MERCHANDISE,
INFORMATION, OR SERVICE PROVIDED THROUGH ANY ViaFamily /
711 ONLINE / ISPBRAND AND ANY SERVICE OF 711.NET, INC.
SERVICE OR ON THE INTERNET GENERALLY.
NOTE:
NEITHER ViaFamily / 711 ONLINE / ISPBRAND AND ANY
SERVICE OF 711.NET, INC. OR ANY OF ITS AFFILIATES SHALL
BE LIABLE FOR ANY COSTS OR DAMAGE ARISING DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES AND OTHER INFORMATION AND THE QUALITY AND
MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY.
THE
INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS
ACCESSING THE SERVICE THROUGH YOUR ACCOUNT.
YOU
ACCESS THE INTERNET AND PERMIT OTHERS TO ACCESS THE
INTERNET THROUGH YOUR ACCOUNT AT YOUR OWN RISK.
ViaFamily / 711 ONLINE / ISPBRAND AND ANY SERVICE OF
711.NET, INC. HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY FOR ANY CONTENT FOUND ON THE INTERNET.
THE
SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ADDITIONALLY, NO ADVICE OR
INFORMATION GIVEN BY ViaFamily / 711 ONLINE / ISPBRAND
AND ANY SERVICE OF 711.NET, INC. OR ANY OF ITS
AFFILIATES SHALL CREATE A WARRANTY.
VIAFAMILY
ONLINE / 711 ONLINE / ISPBRAND AND ANY SERVICE OF
711.NET, INC. DOES NOT WARRANT 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, WORMS, TROJAN HORSES, OR OTHER HARMFUL
COMPONENTS.
2.7.
REMEDIES
If
you are dissatisfied with the Service or any of its
terms, conditions, rules, policies, guidelines, or
practices, your sole and exclusive remedy is to
terminate this Agreement and discontinue using the
Service.
UNDER
NO CIRCUMSTANCES SHALL ViaFamily / 711 ONLINE / ISPBRAND
AND ANY SERVICE OF 711.NET, INC. OR ANY OF ITS
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
THAT RESULT IN ANY WAY FROM YOUR USE OF (OR THE USE OF
OTHERS ACCESSING THE SERVICE THROUGH) YOUR ACCOUNT OR
YOUR INABILITY TO USE THE SERVICE, ACCESS THE INTERNET
OR ANY PART THEREOF, OR YOUR 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, OR ANY
FAILURE OF PERFORMANCE.
2.8.
INDEMNIFICATION
You
agree to defend, indemnify, and hold ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc. and
any of its affiliates harmless from any and all
liabilities, costs, and expenses, including reasonable
attorneys' fees, related to or arising from any
violation of this Agreement by you or those who access
the Service through your account, or the use of the
Service or the Internet, or the placement or
transmission of any message, information, software, or
other materials on the Internet by you or by those who
have access to the Service through your account.
2.9.
TERM OF AGREEMENT
This
Agreement is effective from the date of your acceptance
of these terms and conditions, or upon the first use of
the Service through your account, whichever is first.
2.10.
TERMINATION
You
may terminate your account at any time and for any
reason by providing notice of intent to terminate to
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. by calling 1(888) 711-6381.
Cancellations sent by e-mail or fax will not be
accepted.
Service,
including that of prepaid accounts, will be disconnected
on the date the cancellation is requested.
No
refunds of prepaid set-up fees or service charges will
be issued.
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. may terminate this Agreement at any time
upon 30 days prior notice, or immediately if you
violate any portion of this Agreement or fail to pay any
charges due. Upon termination of this Agreement,
all rights granted to you and authorized users in your
household under this Agreement shall immediately
terminate. You must destroy or return to ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc. all
copies of software and documentation that you received
from ViaFamily / 711 Online / ISPBrand and any service
of 711.NET, Inc.
Termination
of this Agreement does not release you from the
obligation to pay all accrued charges.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET,
Inc.'s right to enforce all the provisions of this
Agreement shall survive the termination date of the
account.
2.11.
NOTICES
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
may provide notice to you by the following methods:
Electronic
mail (email) at the address provided to your account;
A
general posting to ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc.'s web site at: http://www.viafamily.com/
US
Mail at the address provided to ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc. with your
subscription/application.
All
notices or other communications from ViaFamily / 711
Online / ISPBrand and any service of 711.NET, Inc. shall
be deemed effective on the first (1st) calendar day
following the date of electronic mailing or posting or
on the fourth (4th) calendar day following the date of
first-class mailing.
2.12.
MISCELLANEOUS
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. The remainder of the provisions shall remain in
full force and effect. ViaFamily / 711 Online /
ISPBrand and any service of 711.NET, Inc.'s failure to
insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a
waiver of any provision or right.
This
Agreement shall be governed by and construed in
accordance with the laws of the State of North Carolina,
United States of America, without regard to its
conflicts of law provisions. Any cause of action you 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.
This Agreement, nor any rights or obligations
arising hereunder, shall be transferable by you to any
third party.
This
Agreement, the ("Policy"), and the License
Agreement constitute the entire agreement between you
and ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. with respect to the Service.
ViaFamily / 711 Online / ISPBrand and any service
of 711.NET, Inc. reserves the right to alter, amend or
modify this Agreement at any time.
(3)
ABUSE / “NO Spam”
Policy
In
an effort to maintain a safe and peaceful online
environment, we maintain a “zero tolerance policy”
on Internet abuse and will take immediate action against
anyone who abuses his or her account privileges.
One of the most common forms of Internet abuse is
“spamming” which can constitute many different
activities. Example
of this type of activity are:
o
Massive
e-mail broadcasts that advertise a product or service,
especially those advertising illegal or “get rich
quick” schemes’
o
“Junk”
e-mail
o
Unsolicited
mail
o
E-mail
sent out in bulk
o
Excessive
“cross posting” in newsgroups.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
may immediately terminate any account that it
determines, in its sole discretion, is transmitting or
is otherwise connected with any “Spam” or other
unsolicited bulk e-mail.
If
you have been the victim of email Spam, Internet abuse
or any violation of ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc.'s Policy including any
instance of fraud, illegal activities, or a security
issue and want to report it, please send your objection
to Policy@ViaFamily.com
.
(4)
Disclaimer / LIMITATION
OF LIABILITY
INFORMATION
ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
Information
on this web site may contain technical inaccuracies or
typographical errors. ViaFamily / 711 Online / ISPBrand
and any service of 711.NET, Inc. may make improvements,
changes, and updates in the products and/or the programs
described in this information at any time without
notice.
No
filtering system can block every objectionable website.
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. is no exception. We believe that our
system provides the most comprehensive and up-to-date
protection of any product or service available.
However, we provide no guarantees that we will find all
negative content immediately after it is published to
the Internet. In addition, not everyone will like
the choices that ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. blocks. Obviously,
the problem doesn't occur with sites that contain
explicit pornographic material -- they are always
blocked. Rather, it is with sites that contain
material or images that some people believe children
should see and other people believe children should not
see. ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. encourages comments and
carefully considers its subscribers' concerns about all
sites. However,
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. will make all final decisions about what
is accessible through our service.
ViaFamily
/ 711 Online / ISPBrand and any service of 711.NET, Inc.
makes no representations whatsoever about any other web
site which you may access through this Service. When you
access a non-ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. web site, it is independent
from ViaFamily / 711 Online /
ISPBrand
and any service of 711.NET, Inc., and we have no control
over the content on that web site. In addition, any
links to a non-ViaFamily / 711 Online / ISPBrand and any
service of 711.NET, Inc. web site does not mean that
ViaFamily / 711 Online / ISPBrand and any service of
711.NET, Inc. endorses or accepts any responsibility for
the content or the use of such web site.
It is your responsibility to take precautions to ensure
that whatever you select for your use is free of such
items as viruses, worms, Trojan horses and other items
of a destructive nature.
IN
NO EVENT WILL ViaFamily / 711 ONLINE / ISPBRAND AND ANY
SERVICE OF 711.NET, INC. ASSUME LIABILITY TO ANY
PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF THIS
WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(5)
Copyright/Trademark
Information:
Copyright
Information:
© 1996-2004. 711.NET™, Inc. ...ALL RIGHTS RESERVED
711.NET™
is
a Trademark of 711.NET, Inc.
711Online
SM is a Service Mark of 711.NET, Inc.
ISPBrand
SM is a Service Mark of 711.NET, Inc.
CityGuides
SM
is a Service Mark of 711.NET, Inc.
NETcomply
SM
is a Service Mark of 711.NET, Inc.
ViaFamily
SM
is a Service Mark of 711.NET, Inc.
711WebCafe
SM is a Service Mark of 711.NET, Inc.
Online
Mega Mall SM is a Service
Mark of 711.NET, Inc.
Online
Learning Center SM is a
Service Mark of 711.NET, Inc.
Content developed and published by 711.NET, Inc.,
711Online, ISPBrand, CityGuides, NETcomply,
ViaFamily, 711WebCafe, Online Mega Mall, and Online
Learning Center are copyrighted and protected by both
United States copyright laws and international treaty
provisions. None of the graphics, audio, or visual
content may be reproduced, in original or modified form,
for commercial purposes, without express written
permission by 711.NET, Inc. We do authorize and
encourage the forwarding of this message to interested
parties, for the sole purpose of informing them of the
service 711.NET, Inc. Christian Internet Assistance,
CityGuides, and ViaFamily / 711 Online / ISPBrand and
any service of 711.NET, Inc. provides. All other
trademarks are the property of their respective owners. |