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Domain Terms of Service Agreement
- Modem Madness grants you (Member) a non-exclusive,
non-transferable right to Access, use and display our
services on any machine(s) of which you are the primary
user. Unlimited access does NOT entitle a Member to a
full time or dedicated connection. Modem Madness Services
is provided on an AS IS, AS AVAILABLE BASIS. NO
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MODEM
MADNESS, IT'S EMPLOYEES OR THE LIKE, SHALL CREATE A
WARRANTY OF ANY TYPE. It is also understood that Member
may be subject to Terms of Service or the like on other
pay or free sites as listed there.
- Modem Madness will provide 20mb of space on a hard drive
for the purpose of web page development, file and/or
email storage. MODEM MADNESS IS IN NO WAY RESPONSIBLE,
DIRECTLY OR INDIRECTLY, FOR ANY LOST INCOMES OR
INTERRUPTIONS OF SERVICE WHICH MAY AFFECT SUCH WEB SITES,
NOR IS MODEM MADNESS RESPONSIBLE FOR MAINTENANCE, BACKUP,
OR CONTENT OF SUCH PAGES. Such pages may not contain
content of adult nature, nor links to such.
- Modem Madness will provide free technical support to
establish the initial working connection from Member's
computer to Modem Madness and onto the internet. The
means of this support are at the sole discretion of Modem
Madness staff. Setup and maintenance of web site are not
included in the duties of Modem Madness Technical
Support.
- Member is responsible for all telephone charges, as well
as providing computer equipment (including modem),
telephone lines, and any other device(s) necessary to
make the appropriate connection as well as any software
or knowledge necessary for setup and maintenance and
backup of web site.
- Member certifies that he/she is not a minor (and that any
minor using account is under the supervision of the
account holder, and as such Member accepts full
responsibility for the minor's actions). Modem Madness
memberships are NOT transferable.
- Member agrees to pay all charges on a 30 day month basis.
If Member is enrolled in "auto-billing" the
concurrent billing cycle indicates acceptance of each
pre-paid month's service. Member may cancel BEFORE the
end of each billing cycle. Cancellation is effective at
the end of the current 30 day period and refunds are NOT
given for a prorated month. In addition, if Member
pre-paid in order to receive a discount, cancellation
voids any discount and time used will be calculated based
upon "full price" amount and refund issued
accordingly.
- Modem Madness is responsible to filing initial request
for Internic registration. Member will be billed directly
by Internic and/or agency responsible for said
registration. Member is responsible for all charges from
Internic and/or mandatory government charges as well as
any fees from Internic for updates or changes to records.
- Modem Madness may change current billing rates or
surcharges at any time upon 30 day notice. Modem Madness
may reduce any such fees WITHOUT notice to members. By
accepting payment for advance terms, Modem Madness agrees
to "lock" service at agreed upon rate. Any
changes to rates will not affect member until the end of
the "prepaid" term, with the exception of any
fees which are government mandated. In the event Member's
account is terminated, for any reason deemed appropriate
by management, any credits or time are not convertible to
cash or any other form of credit. In addition, any
discounts, promotions, or granted time are not
convertible to cash upon cancellation request of Member.
- Modem Madness is a PRE-PAY service. If at any time
payment is not made, credit card charge is declined, or
check is returned by bank, Member’s account will
IMMEDIATELY BE DEACTIVATED. NON-PAYMENT OF THIS SORT IS
SUBJECT TO COLLECTION EFFORTS AND LAW ENFORCEMENT AS
APPROPRIATE. Repeated problems of this nature will be
cause for rejection from "auto-billing" and
loss of web page space. Additionally, billing cycle will
continue during de-activation of your account.
- Member expressly agrees not to use Modem Madness in a
manner that is prohibited by any law or regulation or to
facilitate the violation of any law or regulation. Member
also agrees to use said services in a manner that will
not disrupt the enjoyment of others. Prohibited conduct
includes, but is not limited to, use of Service to invade
the privacy of others, impersonation of Modem Madness
staff, harassment of others (including profane, libelous,
slanderous or threatening material). Member also agrees
NOT to use Modem Madness to violate or tamper with the
security of Modem Madness or other services, to attempt
to utilize another Member's account name, to use
"bots" or other means to prevent inactivity
disconnection. Nor may Member use Modem Madness service,
equipment or e-mail address in connection with sending of
the same or substantially similar unsolicited electronic
message, commercial or not, to a large number of
recipients (including mass mailings from another service
which in any way implicates use of Modem Madness). Such
use is subject to $200 per day fine and/or other legal
remedies.
- Either Modem Madness or Member may choose to terminate
this Agreement at any time. Modem Madness may also
restrict, suspend or terminate without notice for any
breach of this agreement. Modem Madness reserves the
right to refuse further service from Member, family
member or further resident of household upon these
circumstances. Upon termination of Agreement by either
party, all services, files, email, etc. are no longer
accessible by Member.
- Member agrees to defend, indemnify and hold harmless
Modem Madness, it's owners, employees, agents and
licensees from any claims and expenses, including
reasonable attorney fees, arising out of or relating to
Member's use of Modem Madness.
- Modem Madness's liability and your exclusive remedy with
respect to the use of the software provided shall be the
replacement of any diskette or CD deemed by Modem Madness
to be defective. MODEM MADNESS MAKES NO WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THIS
SOFTWARE. IN NO EVENT SHALL MODEM MADNESS BY LIABLE TO
YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES WHICH MIGHT RESULT FROM USING MODEM
MADNESS SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF
INFORMATION OR MATERIAL OF ANY KIND.
- The terms of this agreement governs Member’s use of
Modem Madness BBS. These terms cover the use of the
bulletin board service offered by Modem Madness as well
as other privately owned BBS's, private networks, other
pay services and any other communications outlets
provided via the Internet. If any portion of this
agreement is unacceptable, you may cancel your account
within 24 hours of startup, or 24 hours of notification
of modifications. Your continued use of Modem Madness
shall be conclusively deemed an acceptance of all terms,
and modifications.
PRIVACY POLICY
- Modem Madness agrees that all information provided by
Member (including but not limited to name, address, phone
number, password, checking and/or credit card and email
address) will remain confidential. Such information may
be viewed only by staff members. Modem Madness reserves
the right to make such information in extenuating
circumstances to appropriate medical/law enforcement
personnel as deemed necessary by staff. Modem Madness
also RESERVES THE RIGHT TO MAKE ALL PERSONAL INFORMATION
AVAILABLE TO LAW ENFORCEMENT AGENCIES, REPRESENTATIVES,
OR CONTACTS UPON REQUEST OF SUCH AGENCIES or for
collection purposes. Bulletin Board activity may be
monitored or tracked at any time by Modem Madness staff,
in a responsible and thoughtful manner, to assure
appropriate conduct for public areas and to assure the
quiet enjoyment of others.
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