UDATAnet agrees to provide and subscriber agrees to receive access to UDATAnet services according to the following terms and conditions:
1.All provisions of the UDATAnet Subscriber Agreement ("Agreement") apply to the registered UDATAnet account subscriber, and to all those who may be authorized by the subscriber to access any services associated with that account. The primary registered subscriber personally assumes total and complete legal and financial responsibility for all users of that account.
2.The benefits or rights conferred by this agreement are nontransferable. Use of UDATAnet personal accounts is expressly limited to the individual whose name appears on the subscriber account and members of that account holder's family living at the same address. Use of UDATAnet commercial or organizational accounts is expressly limited to the individual whose name appears on the subscriber account and members or employees of the organization specifically approved by and represented by the subscriber. Offering a UDATAnet account for "public" or "anonymous" use, whether free or for a fee, is absolutely prohibited.
3.Subscriber agrees to use the service in a manner consistent with any and all applicable laws, and assumes total responsibility for such compliance. In the event that this account is not used in accordance with all applicable laws including, but not limited to local, state, federal, or international laws, UDATAnet reserves the right to cooperate with any and all law enforcement agencies.
4.Subscriber agrees to follow the Acceptable Use Policy of any network to which the subscriber connects, including the UDATAnet system.
5.Subscriber must be 18 years of age or older. Should the subscriber allow access to UDATAnet services via his account by others including minors, the UDATAnet subscriber assumes all responsibility for that person's actions and all consequences of such access.
6.Use of UDATAnet services for advertising or promotion of a commercial product, and/or activities requiring excessively large storage space requirements or unusually high traffic resulting in excessively heavy system loading may be subject to additional charges appropriate to the individual circumstances. Resale of any UDATAnet services is expressly prohibited.
7.Subscriber is responsible for all use of subscriber's account and confidentiality of password(s). UDATAnet will suspend access or change access to subscriber's account immediately upon notification by subscriber that his or her password has been lost, stolen, or otherwise compromised. UDATAnet shall not be liable for any consequences resulting from such password compromise.
8.Any change to a subscriber's account name or "handle" requested by the subscriber after his/her account is first used will incur an administrative charge currently appropriate for that service.
9.Subscriber is responsible for all local and long-distance telephone charges for connecting to and/or accessing UDATAnet services.
10.Subscriber agrees to pay UDATAnet all charges relating to the use of subscriber's account according to rates and prices stated by UDATAnet at the time that account is initiated, or as announced or amended on-line in appropriate subscriber-support newsgroups or other communications methods. Subscriber shall make such payment via a credit card account owned by the subscriber and authorized/accepted by UDATAnet. UDATAnet may apply any amount due to subscriber's credit card account at any time, and to automatically continue charges to this credit card account indefinitely until asked by the Subscriber to terminate said UDATAnet subscriber account. Subscription fees must be paid on a timely basis to maintain subscriber's membership privileges.
11.Whether or not the subscriber uses UDATAnet services, subscription fees will continue to be automatically charged to the subscriber's credit card account until the subscriber notifies UDATAnet in writing that subscriber wishes to cancel the UDATAnet subscriber account. FAILURE TO USE UDATAnet SERVICES DOES NOT RELIEVE THE SUBSCRIBER OF PAYMENT OBLIGATIONS.
12.In addition to any user/subscription fees, subscriber shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under or to their use by subscriber.
13.UDATAnet reserves the right to suspend access to service for subscriber's account upon any indication of credit problems, including delinquent payments or rejection of any credit card charges.
14.UDATAnet reserves the right to change prices following notice published online 30 days prior to such changes, and to automatically apply such adjustments to all existing UDATAnet accounts.
15.UDATAnet may periodically offer a trial period during which the subscriber may cancel the subscription account without incurring any costs. It is the responsibility of the subscriber to contact UDATAnet to cancel during any such trial period and receive verification that cancellation has occurred. FAILURE TO USE A UDATAnet ACCOUNT DOES NOT CONSTITUTE CANCELLATION.
16.Refunds: UDATAnet offers a refund policy for any UDATAnet subscriber who decides to terminate his or her subscription for any reason.
17.UDATAnet services are provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchant ability or fitness for a particular purpose, are made with respect to UDATAnet or any information or software therein. Further, no warranty of any kind is implied regarding reimbursement for losses of income due to disruption of service by UDATAnet, its service providers, or any associated organization or company.
18.Neither UDATAnet, its information providers nor any other associated organization or company are responsible for any damages arising from subscriber's use of UDATAnet or by subscriber's inability to use UDATAnet services for any reason.
19.UDATAnet reserves the right to change without notice any and all UDATAnet services, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered.
20.UDATAnet will endeavor to periodically make tape backups of all UDATAnet servers, but shall not be obligated to do so. UDATAnet is not responsible for the integrity nor loss of subscriber's personal files residing on UDATAnet servers. Each individual subscriber is responsible for appropriate independent backup of his or her data stored on UDATAnet computers.
21.UDATAnet reserves the right to delete without further notice subscriber's files after one or both parties terminates a UDATAnet subscription agreement.
22.UDATAnet reserves the right in its sole discretion to delete any information placed on UDATAnet servers by any subscriber. UDATAnet and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
23.Subscriber assumes any and all responsibility and liability for any material submitted for publication via UDATAnet systems and services through subscriber's account which may be found to violate or infringe any copyright, trademark, patent, statutory law, common law, proprietary rights of others, or which may contain anything obscene or libelous. Subscriber further agrees to not store on UDATAnet servers any software intended to facilitate any such violations or infringements.
24.UDATAnet officers and representatives, in their sole judgment, may terminate this subscription agreement immediately or suspend subscriber's access to UDATAnet services upon any breach of this subscription agreement by subscriber, including, but not limited to, refusal or failure to pay for services provided, or by sole judgment of UDATAnet that Subscriber may be performing activities harmful to UDATAnet or its subscribers, representatives, employees, associates, business relationships or other users of the Internet.
25.The following violations are grounds for immediate suspension of service pending investigation by UDATAnet and will result in termination of the account if such investigation determines the following types of traffic to have originated from or to have been transmitted via any user of the account in question:
A.Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are, according to the newsgroup charter, off-topic, or if such posted articles provoke complaints from the regular readers of the newsgroup for being off-topic.
B.Sending unsolicited mass e-mailings to more than 25 recipients which provoke complaints from those recipients, or which excessively load UDATAnet facilities or unfavorably reflect upon the UDATAnet service image and reputation.
C.Originating either of the two activities (a) or (b) above from a provider other than UDATAnet and using a UDATAnet account as a mail drop for responses.
D.Continued harassment of other individuals after being asked to stop by those individuals and/or by UDATAnet.
E.Impersonating another subscriber or otherwise falsifying one's subscriber name with malicious intent in e-mail, Usenet postings, live chat, or with any other UDATAnet or Internet service. (This does not preclude the use of nicknames, pseudonyms, or "handles" in real-time chat services, nor the use of anonymous remailer services for personal non-commercial messages.)
F.Use of "chat bots", or storage of such software on UDATAnet.
In cooperation with appropriate law-enforcement agencies, UDATAnet will make every effort to identify and aggressively pursue any deliberate abuse of its systems and resources. Unauthorized use of UDATAnet Services; attempts to upload or change information on this service without authorization; to download and copy with the intent to defraud; and the transmission of unsolicited bulk e-mail are strictly prohibited and may result in civil and criminal penalties, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); and the National Information Infrastructure Protection Act.
26.Subscribers whose accounts are terminated for any of the above infractions are also responsible for any and all costs of labor to cleanup and respond to any complaints incurred by UDATAnet as a result of the subscriber's actions.
27.This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the Commonwealth of Ohio.
28.UDATAnet may modify these terms and conditions upon notice published online via UDATAnet. Subscriber's use of UDATAnet services after such notice shall constitute subscriber's acceptance of the modifications to this agreement.
29.Non-enforcement of any section of this agreement does not constitute consent, and UDATAnet reserves the right to enforce any individual components of this agreement at its sole discretion.
30.If any one or more paragraphs in this agreement is found to be unenforceable or invalid, subscriber's and UDATAnet's agreement on all other paragraphs shall remain valid.
31.The subscriber is in default of this agreement if:
A.Subscriber fails to obey any present or future UDATAnet rule or regulation; or
B.Credit card charges are refused by the subscriber's credit card issuer; or
C.Any material statement by the subscriber in this agreement is false.
32.In the event the subscriber defaults on this agreement, UDATAnet may suspend or revoke the subscriber's UDATAnet access privileges and the subscriber may have to re-subscribe at whatever monthly price new subscribers are currently being charged. In such an event, subscriber agrees to pay to UDATAnet any and all reasonable attorney's fees and court costs, where permitted, in collecting any amount remaining in the subscriber's account.
33.Subscriber recognizes and accepts the fact that all communication systems are subject to periodic degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of UDATAnet and/or associated communications systems suppliers.
34.UDATAnet may assign this order, its rights here under, and its ownership of said service and commitment at any time without notice.
35.UDATAnet reserves the right to terminate or change priority of any process started or used by subscriber.
36.UDATAnet reserves the right to collect damages (software, hardware & man hours) from any person responsible for any harm done to UDATAnet systems and services which requires repair or reconfiguration of any kind.
37.UDATAnet interactive dialup services are not intended to be full-time dedicated connections and will be automatically disconnected after continued inactivity. Subscriber agrees to not use any automatic method to avoid disconnection, to keep the connection active only when the subscriber is actively using it, and to not provide any kind of public information services nor to attempt to operate any kind of continuously available server via such a connection. UDATAnet reserves the right to terminate and/or to impose whatever restrictions it deems appropriate on accounts it determines to be in violation of these conditions.
38.Logging into any UDATAnet service represented by this agreement for the first time by any UDATAnet subscriber shall immediately represent tacit approval of this agreement and a pledge to comply with all provisions herein so long as subscriber retains an active UDATAnet account.
39. If for any reason a subscriber's internet account is suspended by UDATAnet, all email sent to the subscriber's suspended account will be rejected.
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