The Solar Stop Internet Connection
Terms and Conditions
IMPORTANT NOTICE: READ THIS DOCUMENT. BY USING THE SERVICES PROVIDED BY THE SOLAR STOP, THE MEMBER AND ALL OTHER PERSONS WITH ACCESS TO THE COMPUTER(S) OWNED, USED OR MAINTAINED BY THE MEMBER, ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS AND OTHER AGREEMENTS MADE WITH THE SOLAR STOP AS CONTAINED IN THE RESPECTIVE DOCUMENTS AND AGREE TO PAY FOR THESE SERVICES ACCORDING TO THE SOLAR STOP'S BILLING POLICIES. IF MEMBER DOES NOT AGREE, DO NOT USE THE SERVICE!
Member payments for all invoice billings are net 14 days, unless prior arrangements have been made between the Member and The Solar Stop. Failure to use provided services does not relieve the Member of payment obligations. The Solar Stop may suspend past due accounts until the Member pays the full past due amount. Failure by Member to provide payment or make payment arrangments by Member's due date will be assessed a $5.00 late charge. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. All discounts The Solar Stop gives Member are expressly conditioned upon the Member's timely payments of invoice amounts. The Solar Stop may remove discounts when Member's account becomes past due, and the Member shall then be liable for the full costs of The Solar Stop service from the beginning of the contractual agreement between The Solar Stop and Member. Failure of Member, whose accounts have been deactivated, to contact The Solar Stop within fourteen (14) days of the deactivation will result in termination of services, deletion of Member's account, and purging of abandoned data. Members who wish to reactivate an account that The Solar Stop has deleted will be charged a $20.00 reactivation fee. Members will be assessed a $20.00 charge for all returned checks. The Member shall be responsible to pay and reimburse The Solar Stop for all collection fees, attorney fees, and court costs The Solar Stop pays to collect an amount in arrearage due from the Member. In order to dispute a charge on Member's bill, Member must provide notice of the dispute to The Solar Stop in writing within fourteen (14) days of the date of the invoice.
Credit card Members agree to allow The Solar Stop automatic credit card billing to the credit card specified by Member on each successive billing date without obtaining the Member's permission after the initial charge. Member further agrees to authorize newly added services, late charges, or other fees as defined in these Terms and Conditions, Service Order Requests, or other Agreements to the credit card charge without getting separate approval. If the card is not honored or payment is not received by the due date, The Solar Stop will attempt to notify Members via telephone within five (5) days. If Member's credit card becomes unavailable for payment, Member agrees that Member remains responsible to make the payments and that The Solar Stop may suspend Member's service until the charges are paid. Member agrees that The Solar Stop will not be responsible for any expenses that Member may incur resulting from overdrawing Member's bank account or exceeding Member's credit card limit as a result of an automatic charge generated by The Solar Stop due to this authority.
Members shall remain active until the Member has terminated such service by written notice to The Solar Stop. Members terminating service shall not be entitled to a refund of the unused portion of any account fee. The Solar Stop shall only be responsible to issue a refund upon the written or verbal request of Member for outages of Internet access services equal to a fraction of the monthly rate prorated by the number of days in the month. There are other events that may lead to termination, as described in these Terms & Conditions, Service Agreements, or Order Request Forms. Upon termination of the Service, Members right to use the Service immediately ceases. The Solar Stop shall have no obligation to maintain any content in Members account or to forward any unread or unsent messages to Member or any third party.
The Solar Stop has the absolute and unrestricted right to deny service or to terminate any account at such time when Member has breached any term or condition of this or any other agreement between The Solar Stop and Member without prior notification to Member.
USE OF SERVICES
As a condition of Member's use of the Service, Member warrants to The Solar Stop that Member will not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions, Service Order Requests, or other Agreements and notices. Member agrees to be responsible for all acts or omissions that occur under Member account or password, including the content of Member transmissions through the Service. The Member shall not engage in any of the following or permit any other person to engage in any of the following:
The Solar Stop reserves the right to refuse to post or to remove any information or materials it determines, at its sole discretion, are unacceptable, undesirable, or in violation of The Solar Stop policies or this agreement. The Solar Stop reserves the right to monitor any and all information that passes through The Solar Stop. Member agrees that The Solar Stop is not to be considered in any way a secure medium for the transfer of information and affords no expectation of privacy. Member shall comply with all policies and procedures adopted by The Solar Stop. Violation of The Solar Stop policies and procedures may, at the sole discretion of The Solar Stop, result in the immediate termination of the Member's access.
- restrict or inhibit any other Member from using The Solar Stop services;
- transmit or solicit for reception any unlawful, threatening, abusive, libelous, defamatory, or legally obscene 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, laws regarding trade secrets, and copyrighted material;
- post or transmit any information or software that Member is aware contains a virus, worm, Trojan horse, or other harmful component;
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through The Solar Stop services protected by copyright or other proprietary rights or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
- abuse or fraudulently use The Solar Stop services in any way;
- participate in "spamming," the mass posting or cross posting of any unsolicited, non contextual, non topical content through email, the USENET discussion group system, or other TCP/IP Internet applications. The Solar Stop does not allow Members to run maillist, listserv or any form of auto-responder from a Member's shell. Violation in any way will result in a nominal penalty of $50 per occurrence in addition to the regular recurring fee for the account(s) assigned to the Member. Three such occurrences will result in termination of the Member's account;
- mail relaying through The Solar Stop's email servers from other than Member's Solar Stop account.
The Solar Stop may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of The Solar Stop's systems and shall restore service as soon as is reasonably practicable. Member recognizes that Internet servers and links are susceptible to crashes, outages, and down time. The Solar Stop warrants that it shall maintain a consistent link with the Internet, but cannot and does not warrant that it shall maintain a continuous and uninterrupted link. Member agrees to indemnify and hold The Solar Stop harmless for any damage or loss of information caused by delays or defaults in furnishing services.
USE OF INTERNET
The Member understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Member accesses such materials at Member's own risk. Member agrees that they will not intentionally or through negligence violate the security of any computer network, crack passwords, security encryption codes or disrupt service of any connected networks. Member also agrees to report any known or suspected abuse of the service and its connected networks. Use of other networks accessed via The Solar Stop may require approval of the respective network authorities and use will be subject to policies set forth by such networks. Any intrusion into a networked resource through use of a documented or undocumented flaw is strictly forbidden. Any unsolicited commercial mass emailing by Member is prohibited. No personal account may be used to solicit in any business related manner. Network resource usage exceeding agreed upon limits may incur additional fees.
All access accounts include unlimited access for standard dial up accounts including 33.6k, 56k, 64k, and ISDN connections to the Internet. Unlimited access is defined as interactive human use of resources and services through use of one connection for a duration not to exceed 540 hours per month (average of 18 hours per day). Monthly usage exceeding the prescribed limit by 5% will be billed an Excessive Usage charge of $25.00. Members having an Excessive Usage charge for three consequtive months may be required to upgrade to a Dedicated Line Service account. Any automated program used with the sole intent of creating a continuous connection is strictly prohibited. Dedicated or continuous use connections are prohibited unless specified as an additional service and agreed upon by The Solar Stop. We also request that the Member limit their session length to twelve (12) hours at a time with at least a short break in between. The Member will not disclose their password to any other person, and is responsible for maintaining the confidentiality of the password. Unless otherwise specified, each dial-up access account entitles only one dial up session at any time. The right to use The Solar Stop is not transferrable. Accounts are for the Member's use only. The Solar Stop may charge an amount equal to the access fee for each additional user of Memberís login or account. Member may not resell or redistribute Member access and services in any packet form without prior written agreement from The Solar Stop. Unless otherwise specified, connecting a BBS or other system or network used by multiple persons and group use of user logins, and consuming more than one modem connection is strictly prohibited. The Solar Stop will deal with violation of this policy as theft of service and may prosecute under civil and/or criminal law.
Members must be eighteen years of age or older, or a parent or legal guardian must grant consent of use. Parent or guardian assumes all responsibility for this account. The Solar Stop will not be held responsible for the content of material or information obtained. The Member acknowledges the minor's rights to privacy concerning the minor's email box. We will not disclose any information about any Member unless required by court order, subpoena or other legal request, or upon the advice of counsel.
The Solar Stop shall provide technical support to assist the Member in the Member's use or installation of service. The Solar Stop provides technical support as an aid to the Member only, and makes no representations or warranties regarding the efficacy of advice it gives. The Member agrees that the The Solar Stop, or its officers and employees shall not be liable for Member's losses or damages including reasonable attorney fees, that Member may allege to have arose out of any and all technical support conversations between The Solar Stop and the Member. Recurring reconfiguration of Member's equipment may incur a $5.00 Reconfiguration charge per incident.
No advice or information given by The Solar Stop, its affiliates, its contractors, or their respective employees shall create a warranty. Neither The Solar Stop nor its affiliates warrant that The Solar Stop services will be uninterrupted or error free, or that any information, software, or other material accessible through The Solar Stop services will be free of viruses, worms, Trojan horses, or other harmful components. Should services be unavailable to Members from time to time, for any reason, the unavailability there of shall not be a breach of this agreement.The Solar Stop shall not be liable for any cost, damage, or loss arising either directly or indirectly from Member's use of The Solar Stop services. It is solely the Member's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information obtained on or through The Solar Stop services, and the quality and merchantability of all merchandise obtained through The Solar Stop services. The Solar Stop will not be liable for any loss or damage resulting from any cause beyond The Solar Stop's control, such as, without limitation, fire, explosion, lightning, flood, earthquake, storms, tornadoes, all acts of nature, power surges or failures, strikes or labor disputes, acts of war or terrorism, civil disturbances, acts of civil or military authorities or the public enemy, delays caused by Member or Member equipment, or any other cause beyond The Solar Stop's control.
Member understands that The Solar Stop does not operate or exercise any control over the content of the Internet in any way. All merchandise, information, and services offered or made available or accessible on or through The Solar Stop are services offered or made available or accessible by third parties, on an "AS IS" basis. The Member assumes total responsibility and risk for use of The Solar Stop services. The Solar Stop specifically denies any responsibility for the accuracy or quality of information obtained through its services. The Solar Stop hereby disclaims all warranties and conditions with regard to any merchandise, information, or service provided, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
LIMITS OF LIABILITY/DISCLAIMER
Any liability of The Solar Stop, including without limitation any liabilities for loss or damages caused or allegedly caused directly, indirectly, or incidentally by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, the results of mistakes, or consequential loss or damages that result in any way from the Member's use of The Solar Stop services or reliance on or use of information, services, or merchandise provided on or through The Solar Stop services, whether for breach of contract, torturous behavior, negligence, or under any other cause of action, shall be strictly limited to a refund of the unused portion of any amount paid by or on behalf of the customer to The Solar Stop for the current subscription period, and the refund of any amount will not exceed an amount equal to the pro rata monthly Service charge to Member for the period during which the Service is affected as liquidated damages. The Member agrees to defend, indemnify, and hold The Solar Stop and its owners harmless from any and all liabilities, cost, and expenses, including attorneys' fees, relating to or arising from any violation of The Solar Stop policies or procedures or this agreement by Member; the use of The Solar Stop services or the placement or transmission of any message, information, software or other materials on The Solar Stop services by the Member; negligent acts or omissions of Member's officers, employees, agents, or contractors in connection with the construction, installation, maintenance, presence, use, or removal of systems, channels, or terminal equipment or software that is connected or are to be connected to The Solar Stop services; and claims for infringement of patents, copyrights, or other intellectual property rights arising from the use of equipment and software, apparatus and systems in connection with The Solar Stop services. Member agrees that any and all information that pass over Member's link to The Solar Stop are Member's legal and moral responsibility.
This agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law provisions. 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. The Solar Stop'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. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement. Any cause of action the Member may have with respect to The Solar Stop or The Solar Stop services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Solar Stop reserves the right to amend these Terms and Conditions at any time, as well as the services offered. The Solar Stop reserves the right to change policies regarding the use of the Service or these Terms and Conditions at any time and to notify Member by posting an updated version of the Terms and Conditions on its Web site (www.solarstop.net). Member is responsible for regularly reviewing the Terms and Conditions. Continued use of the Service after any such changes are posted shall constitute Members consent to such changes.
Effective Date: 10/29/02