Acceptable Use Policy
About Filtering...
Dnet is a family oriented Internet service provider.
The World Wide Web has become a valuable interactive resource for just about everyone.
However, thousands of offensive pornographic sites and inappropriate materials are
just keystrokes away. X-Stop, a product of Log On Data Corporation, is employed by
Dnet to block pornography and other offensive material and protect your family from
them.
X-Stop uses a tool called "MudCrawler" to find pornography and related material on the
Internet by using specific criteria to search them out. When sites are found that
don't fit the search criteria exactly, a technician will review those sites personally.
The bottom line is, X-Stop gives you the degree of accuracy and protection you're
looking for.
Below is a list of categories blocked by Dnet:
- Pornography: Pictures or writing that show or describe sexual acts or naked people
for the purpose of sexually arousing people. Material intended to be sexually arousing.
This includes cartoons, animation, fiction, and other written stories and photos.
- Sex: Pictures or descriptions of sexual material, also includes, sexual merchandise,
sexual fetishism, etc.
- Nudity: The state of being without clothing or covering of any kind that exposes
genitalia, pubic hair, buttocks, female breasts, etc.
- Obscene/Tasteless: This includes content such as tasteless humor, excretory functions
(vomiting, urinating, defecating, etc.) graphic medical or accident photos (containing
blood or wounds) and some extreme forms of body modification (cutting, branding,
genital piercing). Also includes sites that contain explicit graphical or text
depictions of such things as mutilation, murder, horror, death, rude behavior,
executions, violence, and obscenities etc.
- Public Proxies: Sites that offer free anonymous proxy services. These are blocked
in an effort to prevent circumvention of our filtering.
Exception Categories:
- Educational Material: Material under any other category that has educational value
such as sex education.
- Medical Material: Material related to the study or practice of medicine that is not
considered tasteless/gross.
Dnet Acceptable Use
Dnet Policy for Non Commercial Accounts
- All use of Dnet network services shall be intended to facilitate the
exchange of information in furtherance of education and research, and
otherwise should be consistent with the broad objective of Dnet.
- Users of Dnet network services shall promote efficient use of the
networks to minimize, and avoid if possible, congestion of the networks
and interference with the work of other users of the networks.
- Users of Dnet network services shall not disrupt any of the Dnet
networks as a whole or any equipment or system forming part of its
systems, or any services provided over, or in connection with, any of
the Dnet networks.
- Dnet networks shall not be used to transmit any communication where
the meaning of the message, or its transmission or distribution, would
violate any applicable law or regulation or would likely be highly
offensive to the recipient thereof.
- Dnet networks shall not be used for commercial purposes. However, if
a use is consistent with the purposes and objectives of Dnet, then
commercial activities in support of that use will be considered an
acceptable use of the network.
- Personal Web pages are limited to 5 MB of server space. Additional
server space and Commercial Web pages can be purchased by contacting
Dnet Internet Services at webmaster@dnet.net or 877.601.3638. Web pages
are subject to review and may not contain any nudity or profanity. Dnet
is not responsible for the content on the Web pages.
- Sending unsolicited commercial e-mail by Service users is prohibited.
Using a dnet.net e-mail address to collect responses from unsolicited
commercial e-mail is prohibited. A Service user shall not use another
site's mail server to relay mail without the express permission of the
site. "Spamming" will result in immediate termination of the account.
- Sending outrageously threatening or harassing e-mail (for example,
making terrorist threats, or threatening physical injury or damage to
persons or property) is prohibited. However, not every "flame" message
or angry exchange of e-mail can automatically be considered harassment.
Dnet is not responsible for the content or tone of any e-mail or other
transmissions of the subscribers to its Service or other parties using
the Internet, and subscribers or others should not expect that Dnet
would attempt to mediate or otherwise become involved in any particular
disagreement or dispute between Internet users. However, Dnet will
cooperate with appropriate law enforcement agencies involved in
investigating instances that may be reported to such authorities by
subscribers or other users who believe they are being subjected to
potentially unlawful harassment. Sending the above types of e-mails will
result in immediate termination of the account.
- Customer agrees that Dnet retains the right to hold any E-mails on
it's server from delivery if such email contains a destructive virus or
worm. After a certain amount of time to be determined by Dnet the
message will be deleted off of the Dnet server. Every effort will be
made to contact both the sender and intended receiver of the infected
E-mail. Customer agrees that Dnet is not responsible for mail that is
undeliverable a result of a virus or worm infection.
- Violation of any accepted policies on IRC servers and the use of IRC
bots are prohibited. If Dnet is banned or threatened with being banned
or restricted from a server, the offending account will be terminated
immediately.
- Access times are based upon the specified account and billable
according to the application form. In the case of the Dnet First and
Dnet Annual hours, access sessions of six (6) hours or more during peak
times (6:00 p.m. - 12:00 a.m. Eastern) may be subject to administrator
termination at the discretion of the administrator.
- Interpretation, application, and possible modification of the
Acceptable Use Policy shall be within the sole discretion of Dnet. User
Organizations should direct questions about any issue arising under this
Policy to Dnet when an issue first arises.
Subscription Agreement
- You agree that you are at least 18 years old and have the ability to
sign binding contracts. You are executing this agreement on behalf of
everyone who will use the service, software, or hardware through your
computer or with your account or password and you are solely responsible
for any resulting violation of this agreement. You are solely
responsible to ensure that they understand and will comply with this
agreement and all other ISP channel service agreements required for use
of this service. You will not resell the service or otherwise charge
others to use it.
- This Subscription Agreement is entered into effective on date of
activation by and between the individual whose name appears below
("Subscriber") and Drake Enterprises, Ltd., doing business as Dnet
("Dnet") for those services indicated herein.
- Subscriber agrees that this account is not transferable.
- Subscriber hereby subscribes to Dnet's interactive telecommunications
network in accordance with the terms included in this agreement. Dnet
offers connection service between the Dnet access and the subscriber on
or about the requested activation date set forth on the attachment(s) to
this agreement. Access to the Dnet network is controlled by passwords
after access is gained through the use of public telephone lines and
public dialing facilities. A subscriber requested password will be used
when compliant with the security specifications as set forth by Dnet. In
cases of noncompliance, a password may be re-issued by Dnet. Subscriber
access to Dnet network is provided by Dnet and is consistent with the
Acceptable Use Policies attached to this agreement and is incorporated
herein by reference.
- Subscriber agrees to pay Dnet any setup fee and/or monthly fees
associated with the indicated service(s) as per the attached
applications and schedule of fees, payable in advance, for connection
and use of the network for the number of hours associated with each
service. If Subscriber's use of the network facilities exceeds these
hours of service in any one calendar month, the Subscriber shall pay to
Dnet a fee for excess use at the rate(s) indicated on the attached rate
schedule. Dnet shall bill the Subscriber on a monthly basis for any and
all fees. Payment is due no later than 10 days from date of invoice.
Payments not received within this 10-day period may result in
deactivation of any and all accounts in the Subscriber's name. Accounts
60 or more days passed due will result in immediate deactivation.
- Subscriber has read, understands, and agrees to abide by the
Acceptable Use Policies of Dnet supplier as set forth on the attachment
to this agreement. If subscriber fails to abide by the Acceptable Use
Policies, Dnet shall be entitled to terminate this agreement.
- The term of this agreement shall be monthly, beginning on the date
set forth above. Either party may terminate this agreement on thirty
(30) days written or electronic notice, but Subscriber will in all
events, be required to pay service charges due upon effective date of
termination. Provisions of paragraph 5 shall survive any termination.
Dnet reserves the right to change all of the above terms and conditions
by notifying the subscriber electronically or in writing at least 30
days in advance.
- Dnet will use its best efforts to provide the highest practical level
of quality of service; however, subscriber agrees that Dnet makes no
warranties, express or implied, in connection with the Dnet network.
Except in the case of a breach of this agreement by Dnet, Subscriber
agrees that Dnet will not be liable for any loss of service or other
outage, damage to data, software or equipment, or any other loss, damage
or expense or inconvenience or indirect damages. Subscriber acknowledges
that Dnet is not responsible for the nature or content of data available
on the networks and hereby waives all claims again Dnet, whether in
contract, tort, or strict liability, for damages, losses or injuries in
connection with or arising out of Subscriber's access to use of the Dnet
network.
- All invoices are due by the end of the month. Nonuse of the service
or inadequate equipment does not eliminate the customer's obligation to
pay for their monthly subscription. All invoices will be sent via e-mail
and will not be mailed via the Postal Service.
- Customer agrees that Dnet retains the right to hold any E-mails on
its server from delivery if such email contains a destructive virus or
worm. After a certain amount of time to be determined by Dnet the
message will be deleted off of the Dnet server. Every effort will be
made to contact both the sender and intended receiver of the infected
E-mail. Dnet retains the right to purge the contents of Email accounts
including any sub folders or directories after a 30 day period. Messages
that approach 30 days old should be downloaded or copied to the client
machine.
It is the subscribers' responsibility to determine if the access numbers
are a local call. If you are not sure whether a Dnet access number is a
local call from your home or business, please contact your telephone
provider. Dnet IS NOT responsible for ANY long distance charges you may
incur due to the use of an incorrect access number.
StarNet - US LEC Terms of Service Agreement "Schedule A"
Revision 06 November 1, 2005
StarNet -US LEC. ("STARNET") 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, YOUAGREE 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.
STARNET exercises no control whatsoever over the content of the
information passing through STARNET'S system. Use of any information
obtained via STARNET is at User's risk. Neither STARNET 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
STARNET 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, EITHEREXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIEDWARRANTIES 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 STARNET, ITS AFFILIATES, ITSLICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER STARNET NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR
THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THESERVICE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER
MATERIALACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS,
TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL STARNET, 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 OFPERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZEDACCESS 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 STARNET IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, STARNET'S LIABILITY
SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT
PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of STARNET 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 STARNET, 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 STARNET, 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. Users shall
promptly notify STARNET 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 STARNET shall confer as to and agree on the
legal counsel(s) to be selected in any such defense.
STARNET shall indemnify, defend and hold harmless USER from any and all
damages, liabilities, costs and expenses (including reasonable
attorney's fees) incurred by USER as a result of any claims that the
Service, when used within the scope of this Agreement, infringes any
copyright, trademark or trade secret of any third party, provided that
USER promptly notifies STARNET in writing of any such claim and promptly
tenders the control of the defense and settlement of any such claim to
STARNET, at STARNET's expense and with STARNET's choice of counsel.
Age Limit
User represents to STARNET that all of it's employees are 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. STARNET has no control over and
accepts no responsibility whatsoever for such materials.
StarNet - US LEC Terms of Service Agreement Page 1 StarNet, Inc. 579
First Bank drive, Suite 100, Palatine, IL 60067 (847)963-0116 Voice
(847)963-1302 Fax www.starnetusa.net
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 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;
- run or operate like services via connections
into or received from STARNET;
- 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");
- violate any of the rules, regulations and
policies of those networks and computer systems accessed via User's
account.
STARNET has no obligation to monitor the Service. However, User
agrees that STARNET 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. STARNET
will not intentionally monitor or disclose any private E-mail message
unless required by law. STARNET 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. STARNET 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 STARNET
following payment of a reconnection charge, to be determined by STARNET
in its sole and absolute discretion.
Messaging
User agrees to limit their use of the STARNET service, specifically
regarding the use of STARNET's electronic (email) services, to the
following restrictions:
- Mass Mailing User is restricted to the transmission, or distribution,
of no more than fifty (50) recipients, or addresses, per email message.
This does not assume User is allowed to send such messages several times
to groups smaller than the fifty (50) limit.
- 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 STARNET 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. STARNET RESERVES
THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF
STARNET SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS.
IN THE EVENT USER PRE-PAYS FOR THEIR STARNET SERVICE VIA CASH, CHECK, OR
MEANS OTHER THAN CREDIT CARD, STARNET 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 STARNET
SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Dial-Up Services
StarNet - US LEC Terms of Service Agreement Page 2 StarNet, Inc. 579
First Bank drive, Suite 100, Palatine, IL 60067 (847)963-0116 Voice
(847)963-1302 Fax www.starnetusa.net
Although StarNet advertises "Unlimited Access" in regards to some of
it's Dial-Up services, there are several limitations applied. The sole
purpose of these limitations are intended to limit the amount of
unnecessary use of STARNET services by any such User, which restricts
overall STARNET system availability for other such Users. These
limitations apply only to Dial-Up access services offered by STARNET.
- 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 STARNET service.
- Maximum Single Session User agrees to
have an online session automatically terminated after eight (8) 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 STARNET 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. Terms of
Payment
Payment due dates are indicated on User's invoice. Dishonored checks are
subject to a collection fee to be determined by STARNET in its sole and
absolute discretion and User's account may be suspended until the
account is current. If payment is not received within fifteen (15) days
of the due date, service will be terminated and a setup fee of $250.00
will be added to charges for additional Service.
STARNET maintains the right to terminate Service for any unpaid
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 User from the obligation to satisfy outstanding invoices. In
the event STARNET utilizes an attorney to collect any unpaid amounts,
User shall be responsible for the payment of all of STARNET'S attorneys'
fees and costs in the collection of these sums.
STARNET 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.
No Confidentiality
Information transmitted through STARNET and through the Internet in
general is not confidential. STARNET can not and shall not guarantee
privacy or protection of any User. STARNET 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 STARNET.
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
STARNET does not and will not perform system backups on any User's
E-mail account(s). STARNET 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, STARNET will not provide historical data, to
any party for any reason, regarding any system or Internet activity.
STARNET does not and will not perform system backups on any User's
personal web site account(s). STARNET shall not be held responsible for
any lost web data, web files, or any web site contents, regardless of
the reasoning for data loss or system causes. Except as otherwise set
forth herein, STARNET will not provide historical data, to any party for
any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
STARNET may deny User access to all or part of the Service without
notice if User engages in any conduct or activities that STARNET in its
sole discretion believes violates any of the terms and conditions in
this Agreement. If STARNET denies User access to the Service because of
such a violation, User shall have no right (1) to access through STARNET
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 STARNET, and STARNET 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
STARNET's system for periods exceeding (8) eight hours, in any
StarNet - US LEC Terms of Service Agreement Page 3 StarNet, Inc. 579
First Bank drive, Suite 100, Palatine, IL 60067 (847)963-0116 Voice
(847)963-1302 Fax www.starnetusa.net
single continuous session. User authorizes STARNET to enforce these
restrictions by appropriate software and network measures, automated and
manual.
User agrees to notify STARNET 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 STARNET. 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.
STARNET'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.
STARNET may modify this Agreement from time to time by placing a notice
of such modification at http://www.starnetinc.com/tos.html, 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.
STARNET 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 STARNET.
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 STARNET as the defendant, shall be proper only in a
venue determined by STARNET.
In any action between STARNET and User to enforce any of the terms of
this Agreement, STARNET shall be entitled to recover expenses, including
reasonable attorney's fees.
If there is any conflict between this Agreement and the MegaPOP
Wholesale Service Agreement, the MegaPOP Wholesale Service Agreement
shall control.
StarNet - US LEC Terms of Service Agreement Page 4 StarNet, Inc. 579
First Bank drive, Suite 100, Palatine, IL 60067 (847)963-0116 Voice
(847)963-1302 Fax www.starnetusa.net