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Additional Terms & Conditions for Internet Service Customers
This Additional Terms & Conditions Agreement for Internet Service Customers (the "ISP Agreement") is applicable to individuals or companies ("You") who have connected one or more devices to ISOMEDIA’s network in anticipation of gaining access to the public internet or accessing mail and USENET news services through ISOMEDIA provided services.
This ISP Agreement is a subsidiary contract between the parties which is integrated into and considered a part of the Master Terms & Conditions Agreement (the "Master Agreement").
By attaching one or more devices to ISOMEDIA’s network or by connecting to a mail or USENET news server provided by ISOMEDIA, You agree to and accept the terms of this ISP Agreement and the Master Agreement. If You do not agree to be bound by the terms and conditions in this ISP Agreement and the Master Agreement, do not attach any device to ISOMEDIA’s network or attempt to connect to any mail or USENET news server provided by ISOMEDIA.
The Master Agreement describes the process and procedure for making updates to this ISP Agreement.
If any part of this ISP 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.
Continuing to attach one or more devices to ISOMEDIA’s network or attempting to access a mail or USENET news service provided by ISOMEDIA following ISOMEDIA’s posting of any changes to this ISP Agreement or the Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any changes to this ISP Agreement or the Master Agreement, do not attach any device to ISOMEDIA’s network or attempt to connect to any mail or USENET news server provided by ISOMEDIA.
A current copy of this ISP Agreement, the Master Agreement and all subsidiary agreements can be found at: http://www.isomedia.com/internet_index/terms_internet_index.shtml. The version of this ISP Agreement stored at that URL is considered the current and binding version of this ISP Agreement.
Additional terms and conditions applicable to You are as follows:
1) You agree that ISOMEDIA has no responsibility to cache or maintain email or USENET news postings sent either to or from Your account.
2) You agree that ISOMEDIA has no obligation to deliver email or USENET news postings sent either to or from Your account.
3) You agree that if You elect to use an ISOMEDIA spam and/or virus filtering service that You release ISOMEDIA from any and all obligation to cache or maintain such email, any responsibility for errors or omissions introduced when ISOMEDIA’s services alter or delete such email, and/or any obligation to deliver such email either to or from Your account.
4) You agree that if You elect to use an ISOMEDIA spam and/or virus filtering service that You understand that such services are not perfect and that the use of such services will reduce, but not eliminate, the spam and/or virus infected email You may receive.
5) You agree that You do not own or have any right, title or interest in Your email address if that address is a part of an ISOMEDIA-owned domain (such as isomedia.com), and that ISOMEDIA may change Your email address at any time for any reason, and that ISOMEDIA has no obligation to forward email sent to any email address You may maintain or may have once maintained on any ISOMEDIA system to any other account You may currently or in the future maintain either on an ISOMEDIA system or a third party system.
6) You accept and understand that ISOMEDIA does not review email or USENET news postings sent to or from Your account and is not responsible for their content. You accept and understand that ISOMEDIA may, from time to time, at Your request or on its own initiative, examine the contents of email directed to or from Your account for network administration and troubleshooting, and that You will not be informed of such examination, nor will Your permission be required to conduct such an examination. You accept and understand that email sent to and from Your account is not private.
7) ISOMEDIA may, from time to time, without notification or permission, alter inbound email to Your account to remove unsolicited commercial messages from competitive services.
8) You agree that ISOMEDIA does not have any responsibility to notify any third party that Your email address has changed, or that Your email privileges have been revoked or suspended, and that ISOMEDIA may, at its sole discretion and without notice, reject incoming emails sent to an email address which has been suspended or revoked, and that if it does so, it bears no obligation to notify the sender or You that the email has been rejected.
9) You agree that if ISOMEDIA is providing DNS hosting services (where ISOMEDIA’s systems are recognized as the authoritative source for DNS entries in Your domain or domains), that ISOMEDIA is not obligated to ensure that (a) the DNS system is correctly configured, (b) Your DNS entries will be properly resolved, or (c) ISOMEDIA’s DNS systems will be continuously available on an uninterrupted basis. You further acknowledge that it is Your responsibility to test ISOMEDIA’s implementation of Your DNS hosting and notify ISOMEDIA of any misconfiguration or error in that implementation.
10) You agree that if ISOMEDIA is providing DNS hosting services (where ISOMEDIA’s systems are recognized as the authoritative source for DNS entries in Your domain or domains), that You will provide any requested additions or changes in Your domain’s DNS Host, MX, Alias, or other records to ISOMEDIA via email at dns_admin@isomedia.com, and that the number of such changes or entries shall not be unreasonable.
11) If You are separately maintaining Your DNS and domain registrations with a domain name registrar, You agree that ISOMEDIA has no obligation to ensure that Your domain registration is maintained in a current status by the registrar, INTERNIC, or any third party. You are solely responsible for ensuring that Your domain registration is kept current and accurate and that Your account (if any) with Your registrar is kept current. If ISOMEDIA is acting as Your agent to manage Your account with Your registrar, this clause will have no effect.
12) In the event that Your DNS hosting arrangement with ISOMEDIA is terminated, You agree that ISOMEDIA has no obligation to provide DNS files, settings, or any other material related to Your DNS entries in ISOMEDIA’s DNS system to You or any third party, and You agree that ISOMEDIA has no obligation to forward DNS requests to or from Your new DNS host.
13) You understand and agree that the internet contains unedited materials, some of which are sexually explicit or may be offensive. You access such materials at Your own risk. ISOMEDIA has no control over and accepts no liability or responsibility whatsoever for such materials.
ISOMEDIA provides ISP services on the basis of reasonable availability. It may, without notice, disconnect all or part of its network from external internet connections for maintenance, equipment replacement, or for network security. You agree that ISOMEDIA’s failure to maintain uninterrupted or continuous connection to the internet at any rate of transmission including total service outage is not cause for termination of any service agreement You may have entered into with ISOMEDIA, nor is it cause for reimbursement of any damages or harm that may be caused by such interruptions. You agree that You understand that the nature of the internet and the TCP/IP network protocol used by internet services defines no specific quality of service, and that packets transmitted to or from ISOMEDIA and/or to or from the internet may be lost in transmission, misrouted by ISOMEDIA equipment or the equipment of third parties, or delayed by network latency.
In addition to any other remedies, if You fail to adhere to the above ISP 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 assign rights for any losses. If You and ISOMEDIA enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supercede this paragraph. |
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