UDATAnet Internet Services (UData Corporation) ( the “Provider”) will provide access to its On-line Communication Services (the “System”) to the individual account holder (the “User”) in exchange for payment of fees and compliance with the terms and conditions of this agreement (TOS).
By using this service “The User” agrees to the following:
1. UDATAnet’s Internet Access Network is a fee-based service provided by UDATAnet. Your access to the Service is completely at the discretion of UDATAnet, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for the UDATAnet, disruption of access to other Users or networks, or violation of applicable laws or regulations. UDATAnet may revise this agreement (TOS) at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.
2. The User understands and agrees that the Users account is personal and is not to be used or shared by any other individual. The User also agrees that the User ID and password shall remain private information and shall not be distributed or disclosed to any other individual nor used by any other individual. The User shall not use another Users password to access the System.
3. The User hereby agrees to comply with the rules of operation, as they now exist and as they may from time to time be changed. The Users continued usage of the System constitutes the Users acceptance of such changes.
4. The User agrees to comply with the rules and regulations of any other system either directly or indirectly connected to the UDATAnet network.
5. The User shall not utilize the System for illegal activity or place any text, data, graphics, images, messages, communication(s), files or other material (“information”) on the System in any form which is related to illegal activity or is scandalous, defamatory, obscene, immoral or in violation of another’s rights, including, but not limited to, copyrights, trade secrets and privacy.
6. The User understands and agrees that the Provider has no obligation to preserve or protect any rights which the User may have in any information placed on the System, and shall not be responsible for backing up information placed on the System.
7. The User understands and agrees that the information that is available or obtainable from the System or interconnecting networks, may not be valid or accurate, and that it is provided on an ‘as is’ basis. UDATAnet makes no warranties of any kind, either expressed or implied, regarding the quality, accuracy or validity of the data and/or information residing on, or passing through, any networks. Use of any information obtained from or through services provided by UDATAnet will be at the Users own risk.
8. UDATAnet and the information providers make no representations or warranties, either expressed or implied, with respect to the System and access thereto, including, without limitation, warranties of merchantability or fitness for a particular purpose.
9. UDATAnet and the information providers do not represent or warrant that access to the System shall be uninterrupted, or that there shall be no failures in transmission of information, errors or omissions in transmission of information, errors or omissions in information, or loss of information.
10. In no event shall any liability of UDATAnet or the information providers exceed any amounts paid to the Provider under this agreement, regardless of the cause or form of the action arising out of or in connection with this agreement or the use or damage in connection with its use of the System, including but not limited to, any loss or damage arising from the selection of uses to which it will put the System and the adequacy of the System to meet the Users needs.
11. The User may not assign or transfer, in whole or in part, this agreement or its rights to use the System, including the use of the Users access code or password, without the prior written consent of the Provider.
12. UDATAnet shall not be responsible in any way for any User hardware or software required or used by the User to access or communicate with the System or to upload or download information or for the telecommunication cost of accessing the System.
13. The User is authorized only for a single log-on on the system. Multiple log-ons and background processing are prohibited. Any person found misusing the system in this manner will be terminated immediately.
14. ‘Camping-on’ (leaving dial-up access active while user is not using the Internet) is not allowed. User understands that arrangements are available for continuous dial up access and that Camping-on is cause for immediate termination of service by UDATAnet Internet Services.
15. The User understands that this is a personal account not to be used for commercial purposes unless set-up as business account.
16. UDATAnet has both Single and Multiple pricing plans. Single pricing plan is for one computer or Internet appliance. Additional computers or internet appliances such as XBOX, PlayStation, VOIP phone (Voice Over IP Phone) and other internet game machines are considered to be internet appliances and are NOT included in the single computer pricing plans. These additional internet appliances or computers will be billed as additional computers connected to UDATAnets network even though the additional internet appliances or computers may or may not be located in the same building but still connected to the same wireless radio or antenna used to access UDATAnet’s network. Any User found to having more than one internet appliance or computer connected to UDATAnet’s network under the Single pricing plan is subject to additional charges dating back to the date the additional internet appliance(s) or computer(s) was discovered and/or immediate termination of the User’s account with UDATAnet.
17. All Wireless customers may be on 24/7, but UDATAnet does not allow servers to be connected to its wireless network. Software used as peer to peer (p2p) which includes Kazaa, Bittorrent, Aries, Limewire and others is strictly prohibited due to file uploading features which turns your computer into a server. Peer to peer software is well known transmit virus, trojans, and other spyware programs. If your computer is found being used as a server, your account may be shut down by UDATAnet without notice. Software Programs such as Web Server, FTP Server, Email Server, and other server software is strictly prohibited.
18. UDATAnet File Sharing Policy: Uploading or downloading copyrighted songs, movies or software without permission from the copyright owner or their agent is illegal and is a violation of UDATAnet Policy. Copyright holders and their agents - e.g., the Recording Industry Association of America (RIAA), have recently begun taking an active role in seeking out and prosecuting individuals who they suspect are illegally sharing copyrighted materials over the Internet. UDATAnet INTENDS TO COMPLY WITH ANY SUBPOENA REQUESTS, AND MAY OR MAY NOT PROVIDE NOTICE TO THE PARTICULAR USERS ABOUT WHOM INFORMATION IS SOUGHT. YOU SHOULD ALSO BE AWARE THAT THOSE FOUND GUILTY FACE PENALTIES RANGING FROM $750 - $150,000 PER FILE. Peer-to-peer (P2P) file-sharing applications, such as KaZaA, enable you to share music, movies and other digital files with computers all over the world. If you use P2P to share copyrighted songs, movies or software without permission, you are breaking the law. It is like stealing, and you can be caught and prosecuted according to the law. You are responsible for what your computer does on the network and you will be held accountable. You may know many others who swap files, but just because they do, doesn’t make it right. Your use of this type of software raises important issues regarding copyright law, bandwidth consumption and security.
19. Bandwidth Consumption: The UDATAnet network exists to support its members with low cost, high-speed Internet access. Uploading or downloading large movie or music files strains the network and degrades response time. Everyone in the community relies on the network to get work done. Prolong excessive bandwidth usage adversely affects network performance. It is a violation of UDATAnet’s TOS policy and can result in termination of the Users UDATAnet account.
20. UDATAnet will provide Email Virus Protection, Email Spam Blocking and Email Content Blocking, but does not guarantee that all malicious software will be stopped. All Users are responsible for protecting their own computer with Virus Protection. All Users are responsible for protecting their computer from adware and spyware. There are FREE shareware software links on UDATAnet’s Home Page to download to help protect your computer. If you cannot download this free software, call UDATAnet at 419-294-4141 to obtain a copy of this free shareware to install on your computer. Failure to keep your computer free of viruses and spyware may result in your service being shut down by UDATAnet.
21. Reselling of UDATAnet’s internet access and/or services is strictly prohibited.
22. This agreement is the complete agreement between the parties
and supersedes any prior agreement whether written or oral.