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Terms & Conditions for Blazing Fast DSL Customers
This Master Agreement (the "Master Agreement") is applicable to customers or
users ("You") of ISOMEDIA's Blazing Fast DSL service and all other ISOMEDIA
related services. ISOMEDIA's address is 2457 152nd Avenue NE, Redmond, WA
98052.
This Master Agreement, the Broadband Customer Agreement and the Network Abuse Policies below (the latter two referred to as the "Subsidiary Agreements") specify general terms and conditions You accept and agree to abide by when accessing or using any service provided by ISOMEDIA.
If You do not agree to be bound by the terms and conditions in this Master Agreement and any Subsidiary Agreements applicable to You, do not use or access ISOMEDIA's site or services. ISOMEDIA provides its services subject to your compliance with the terms and conditions herein.
Time is of the essence with regard to all terms and conditions in this Master Agreement.
This Master Agreement may be modified by ISOMEDIA at any time, without prior notification to You unless a separate agreement exists between You and ISOMEDIA which requires advance notification or approval of such changes. You agree to abide by the terms & conditions in this Master Agreement and all subsequent modifications of this Master Agreement. Failure to abide by these terms & conditions may, at ISOMEDIA's option, result in the termination of any or all services ISOMEDIA is providing to You.
Any notifications required by this Master Agreement may be delivered to You by electronic mail, and You consent to receive communications from ISOMEDIA electronically. ISOMEDIA's notification email address, which must be used in any official communication with ISOMEDIA, is notifications@isomedia.com. It is Your responsibility to ensure that ISOMEDIA has a valid email address for You on file. ISOMEDIA's inability to contact You via email due to a missing, inaccurate, incomplete, or inaccessible email address will remove ISOMEDIA's obligation to attempt to contact You further.
A current copy of this Master Agreement and all Subsidiary Agreements can be found at: http://www.isomedia.com/internet_index/terms_internet_index.shtml. The version of this Master Agreement stored at that URL is considered the current and binding version of this Master Agreement and likewise for any Subsidiary Agreement.
You may not enter into this Master Agreement (and thus may not use the services provided by ISOMEDIA) if You are less than 18 years old or if You are unable to make a legally binding contract with a Washington state corporation.
By accepting this Master Agreement, You agree that the location for any litigation arising out of this Master Agreement will be in King County, Washington, USA. You furthermore agree to waive all rights to request or enforce a change of such location (venue) and You agree that the prevailing party in any litigation brought under this Master Agreement will be entitled to receive reasonable attorney's fees and court costs from the other party.
Telecommunications circuits provided by ISOMEDIA to Customer are subject to varying State and Federal taxes depending upon the location of the installed Service. These costs to ISOMEDIA may be passed on to the Customer as a "Telecommunications Surcharge". For Customers in Washington State this surcharge is 12% (and sometimes higher for Qwest or Verizon circuits); for Customers residing outside of Washington State this surcharge is 5%.
The ISOMEDIA service is exclusive of all other telecommunications services (the "Telco") which may be required to establish connection for the Customer to ISOMEDIA, and all such costs and the associated terms and conditions required by the Telco to perform such services shall be directly between Customer and Telco provider. Customer is responsible to have its site ready for installation of any Telco line needed including, if necessary, providing access to the designated building's phone
closet on the date agreed to by ISOMEDIA to perform the service connection.
Failure to provide access shall not suspend the service start date.
ISOMEDIA has the right, but not the obligation, to monitor any activity and content associated with its sites or services. ISOMEDIA may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
ISOMEDIA also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect ISOMEDIA's systems and customers, or to ensure the integrity and operation of ISOMEDIA's business and systems, ISOMEDIA may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action by ISOMEDIA.
ISOMEDIA PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ISOMEDIA FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. ISOMEDIA FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
IN NO EVENT SHALL ISOMEDIA OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF ISOMEDIA'S SITE, SERVICES OR THIS AGREEMENT.
ISOMEDIA'S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAID TO ISOMEDIA IN THE TWELVE MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY, OR (B) $100.
You agree not to knowingly transmit, or knowingly permit to be transmitted via any system You control or should control, to or across any site or service operated by ISOMEDIA, any content consisting of unsolicited commercial email or excessive amounts of commercial Usenet postings ("spam"), or any material designed to discover and/or breach the security systems of ISOMEDIA or any third party ("hacking"), or any content known to contain a software virus or Trojan horse ("infected material"), or any content otherwise illegal to possess or transmit under the laws or regulations of the State of Washington or the United States of America ("illegal content"). You agree not to fraudulently forge email headers, Usenet headers, IP packet information, or engage in any other activity designed to hide the point of origin of any content you transmit to or through the ISOMEDIA system ("spoofing"). Standard network techniques such as network address translation or e-mail proxies are not considered "spoofing." You agree not to knowingly attempt to cancel, supercede or otherwise interfere with email or Usenet posts other than those you originate ("cancel bots"). You agree not to use any third party site or service to promote an ISOMEDIA site or service in an abusive manner ("hostile redirection"). You agree not to place or store material on ISOMEDIA sites or services that infringe a third party's copyright or trademark rights, and/or are comprised in whole or in part of illegally obtained trade secrets ("illegal storage").
ISOMEDIA reserves the right to terminate Your service immediately and without notification if You or any system under Your control engages in the transmission of spam, hacking, transmission of infected material, transmission or possession of illegal content, spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of ISOMEDIA's Network Abuse Policies.
You acknowledge ISOMEDIA's right to take all available legal and technical steps, including remotely scanning Your ports, to prevent fraudulent or counterfeit e-mail from entering, utilizing or remaining within the ISOMEDIA system.
Per the Digital Millennium Copyright Act, ISOMEDIA is registered with the United States Patent and Trademark Office as an online service provider. ISOMEDIA's designated agent for notification of infringements is Stephen Milton (milton@isomedia.com). As such, ISOMEDIA will, upon notice of copyright infringement by the copyright holder, block outside access to any allegedly infringing materials. If the user in question gives counter-notice, ISOMEDIA will forward such counter-notice back to the copyright holder. If the copyright holder does not file a legal action against the user in question within 14 days, ISOMEDIA will re-instate access to the alleged infringing materials.
You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment You attach to the internet or to any network attached to the internet may become the target of computer hackers. You are solely responsible for keeping Your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of ISOMEDIA's sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing Your computers and other systems from any infection by malicious code or unauthorized use.
ISOMEDIA will not be held liable for any charges or incidental fees that You may incur through the normal use of Your service. This includes, but is not limited to, long distance charges incurred by calling a long distance phone number to receive customer support or to connect to ISOMEDIA sites or services. You agree to be solely responsible for these fees.
You agree not to resell (or provide free of charge) any ISOMEDIA service to any third party without first entering into a Reseller Agreement with ISOMEDIA.
You agree to pay when due for the valid charges for our services and agree that such timely payment is an essential condition for our service(s). ISOMEDIA will not pay interest on deposits unless required by law to do so. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to ISOMEDIA within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. ISOMEDIA reserves the right to bill you for any item that has not been billed to you and should have been.
For all payments received more than 10 days after the Billing Date ISOMEDIA reserves the right to assess a late fee equal to 1.5% of the amount due.
You agree to pay for any expenses incurred with a third party vendor because of erroneous personal information you have provided to ISOMEDIA.
You agree not to offer any ISOMEDIA employee a commission, "spiff", gratuity or any other thing for the performance of that employee's duties.
Any IP number assigned to You will only be used for the agreed Service. Upon IP address reassignment or expiration, service cancellation, or termination of the DSL service, You agree to relinquish to ISOMEDIA any IP addresses or address blocks previously assigned to You by ISOMEDIA.
ISOMEDIA may unilaterally terminate this Master Agreement at any time, for any reason. You specifically waive Your right to sue or ability to assign Your rights for any losses.
If You have questions or concerns about our terms and conditions, please send an e-mail to notifications@isomedia.com.
If any part of this Master Agreement or a Subsidary Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Additional Terms & Conditions for Broadband (DSL) Customers
You accept and agree to abide by the terms & conditions
herein when connecting one or more devices You own to a
Broadband Connection provided by ISOMEDIA.
Continuing to use a Broadband Connection provided by ISOMEDIA following ISOMEDIA's posting of any changes to this Broadband Customer Agreement or Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any changes to this Broadband Customer Agreement or the Master Agreement, do not continue to use the Broadband Connection.
1. You agree to indemnify and hold harmless ISOMEDIA, its ownership, its officers, directors, staff and affiliates against any claim or action or damages arising from the operation of Your business or any equipment under Your ownership or control.
2. You agree not to use any software or hardware, or modify any software or hardware you are provided by ISOMEDIA or your third party Broadband Connection provider to enable your system to transmit or receive data at rates higher than those you have contracted with ISOMEDIA to provide ("uncapping").
3. You agree not to connect more than one computer to the Broadband Connection either directly or via a modem, hub, switch, router or bridge ("networking multiple PCs") without prior written permission from ISOMEDIA.
4. You agree not to connect any unauthorized device to the Broadband Connection.
5. You agree that ISOMEDIA will continue to invoice Your account an amount agreed between You and ISOMEDIA in a separate Service Agreement at such intervals as stipulated in that agreement, and You are obligated to pay and will pay those invoices in full until the end of the month in which You notify ISOMEDIA via electronic notification that You are terminating your Broadband Connection with ISOMEDIA. Such termination shall not take effect until after any previously agreed term of service has expired. Termination of your Broadband Connection circuit with Your telephone company or Your third party Broadband Connection provider does not constitute notice of Termination to ISOMEDIA and does not relieve Your obligation to pay any ISOMEDIA invoices which are billed to your account.
Without limiting any other remedies, if You fail to adhere to these terms & conditions, ISOMEDIA may, at its discretion, suspend or terminate any and all services ISOMEDIA is providing to You. You specifically waive Your right to sue or ability to subrogate those rights for any losses.
Network Abuse Policies
System abuse is strictly prohibited. ISOMEDIA.COM may terminate
or modify service immediately and may bill You for any resulting
support charges if You engage in system abuse. Following
is a list of actions, which are defined to be system abuse.
This list is non-exclusive; any action about which there
is any doubt should be referred to ISOMEDIA.COM for evaluation.
Actions which constitute system abuse include, but are not limited to:
1) Attempting to circumvent user authentication or security of any host, network, or account on ISOMEDIA systems or the Internet at large ("cracking").
2) Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
3) Forging email or USENET posting header information.
4) Sending large numbers of unsolicited mail messages (i.e."junk mail") this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee.
5) Forwarding or posting "chain letters" (multiple forwarding) of any type.
6) Posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
7) Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own.
8) Engaging in harassment, whether through language, frequency, or size of messages.
9) Using an account at another provider to promote an ISOMEDIA Web site in an abusive manner.
10) Using an ISOMEDIA account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider.
11) Reselling ISOMEDIA services to third parties who do not abide by these guidelines.
12) Placement of copyrighted or trademarked information on servers maintained by ISOMEDIA.
13) Using ISOMEDIA's system or equipment in support of activities that would, if conducted on ISOMEDIA's system, violate ISOMEDIA's Network Abuse Policies.
14) Any activity which ISOMEDIA believes, in its sole judgment, to be in support of spamming activities.
ISOMEDIA does not authorize the use of its proprietary computers and computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the internet to its customers. ISOMEDIA does not authorize the harvesting or collection of screen names from its equipment or customers for the purpose of sending unsolicited bulk e-mail. ISOMEDIA reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within the ISOMEDIA system. Unauthorized use of the ISOMEDIA system in connection with the transmission of unsolicited bulk e-mail or conterfeit or misleading e-mail may result in substantial civil penalties against the sender, including those provided by the Washington Commercial Electronic Mail Act (Wash. Rev. Code Chapter 19.190 et seq.) and the federal Computer Fraud and Abuse Act (18 U.S.C. sections 1030 et seq.).
Blazing Fast DSL Spring Special is $19.99 per month for the second, third &
fourth months, and $39.99 or $49.99 per month thereafter (and for the first
month) depending upon the availability of service at your address.
•Offer valid for new DSL circuits ordered after 3/1/2004.
•Offer not available in all areas. Eligibility for this offer is determined
after qualification of your DSL phone line.
•Customers who cancel service in less than 12 months will be required to pay
an early termination fee of the lesser of $150 or the remaining balance owed
on their contract.
•At the end of your initial 12 month contract period, your service will
continue on a month-to-month basis until terminated by you or ISOMEDIA by
giving not less than 30 days prior written notice.
•Cancellation requests must be submitted at www.isomedia.com/cancel12/ 30
days prior to termination of service.
•Top speed will vary based on circuit availability in your area. Your
qualification test will indicate the speed available at your address.
•Eligibility for this offer is determined after qualification of your DSL
phone line. Customers that are not eligible for this offer may be offered a
different plan or price as an alternative.
•All accounts are assigned a dynamic IP address.
•Plan requires a one-time setup and equipment fee of $99.
•All accounts must be set up for automatic monthly billing to a major credit
card.
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