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 Urban Communications, Inc.
(hereinafter called "we", "our", or "us") and its management expressly
disclaims all warranties, express or implied, including any implied warranties
of merchantability and fitness for any particular purpose. We will
not be responsible for any damage, including direct, indirect, consequential
or incidental, that you or any third party may suffer. This includes,
but is not limited to, loss of data resulting from delays, non-delivery,
miss-delivery, or service interruptions as a result of our actions.
You explicitly assume all risks, hold harmless, and indemnify us against
any damages that may arise due to viruses, worms, Trojan Horses, logic
bombs, trap doors or other computer diseases and security violations that
are obtained or exercised while using our service. Notwithstanding
the foregoing limitations of liability, in the event a court should find
us liable for any damages whatsoever, you agree that the extent of the
damages shall be limited to the unused balance of your subscription payment.
Under no circumstances shall we be liable for any consequential damages
resulting from the use of our services.
Use of any information obtained from or through our service is entirely at
your own risk. We make no warranties and accept no responsibility for the
accuracy or quality of such information. You further assume all risk of
damage from any use of such information. You acknowledge that we do not
have sufficient knowledge of your equipment, configuration, nor sufficient
resources, to screen and forward information regarding any dangers which may
arise to due to using our service.
The service may only be used for lawful purposes. Transmission
and/or retransmission of any information, communication, material or content
(hereinafter collectively referred to as "Content"), in violation of any
federal or state regulation is prohibited. You agree to indemnify
and hold harmless Urban Communications, Inc.
from any claims resulting from your use of this service, which damages you
or another party. At our discretion, we may revoke your access to
our service for inappropriate usage. You agree to indemnify and hold
Urban Communications, Inc.
harmless for any use of copyrights or trademarks in their files or material
communicated over the Internet. We reserve the right to refuse service
to anyone or any organization. We reserve the right to delete your
files without notice. Use of our service constitutes your agreement
and consent to be bound by all terms of service set forth herein.
If you are dissatisfied with the service or with any terms, conditions,
rules, policies, guidelines, or practices of ours in operating this service,
your sole and exclusive remedy is to discontinue using the service, without
refund.
You agree that in the event a dispute were to arise, the venue of any
litigation shall be the Circuit Court of Cook County, Illinois and that the
laws of the State of Illinois shall govern the interpretation of this
agreement. You shall be responsible to pay all attorneys' fees and costs
associated with enforcement of this agreement.
We agree to maintain confidentiality of your address, telephone number, and credit card data as provided on your application and modified by you from time to time, except as authorized by you or as required by law or legal process. We consider e-mail processed via our service to be the correspondence between
the sender and recipient. We will not monitor or disclose the contents
of your e-mail, except that you agree that we may do so: (a) as
required by law; (b) to comply with legal process; (c) if necessary to
enforce the Terms of Service; (d) to respond to claims that such contents
violate the rights of third-parties; or (e) to protect the rights or property
of Urban Communications, Inc.
or others. However, we cannot guarantee the confidentiality or
privacy of those communications over the Internet. Those requiring
secure communications should use the necessary software which is available
to encrypt your communications.
You understand and agree that in processing of e-mail communications, review
of e-mail may be required (a) to send and receive messages; (b) to conform to
the technical requirements of connecting networks; (c) to conform to the
limitations of our service; (d) to insure proper identification of the sender
of an e-mail from our server, or (e) to conform to other similar technical
requirements.
We will provide to you one or more login names, login passwords, e-mail names, and e-mail passwords in accordance with the type of account you have. You agree that you are responsible for maintaining the confidentiality of the passwords, and are fully responsible for all activities which occur under your login name and/or password. You agree to immediately notify our Security Department if you discover any unauthorized use of your user name or password or other breach of security on your account. While using our service, you may not: (a) Restrict or inhibit any other user from using and enjoying the Internet; (b) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, intimidating, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or International law, including without limitation the U.S. export control laws and regulations; (c) Post or transmit any information or software that contains a virus, cancelbot, Trojan horse, worm or other harmful component; (d) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or (e) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder. We have no obligation to monitor this service. However, you agree that we have the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect ourselves or our network members. We will not intentionally monitor or disclose any e-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of the Terms of Service. We are not responsible for loss or deletion of e-mail or webspace files on our computer. You are responsible for maintaining backup copies of your webspace files and for removal of e-mail after retrieval from the e-mail server to your computer unless special arrangements have been made in advance with the urbancom.net Postmaster. We may establish an upper limit on the size of e-mail storage we will maintain for you and delete excessive e-mail if you fail to do so following notice to do so via e-mail or other means. You understand that we may e-mail you important correspondance from time
to time regarding the operation of our servers and/or network, renewal
reminders and/or invoices, technical notices regarding your ftp space
and/or e-mail space, or other documents. This requires that you
regularly read the e-mail posted to your urbancom.net
e-mail account. Failure to read this e-mail does not relieve your
responsibility to conform with the contents.
If you exceed the amount of space permitted for your webspace we will,
after notifying you and giving you opportunity to remedy this, charge you for
the additional space in accordance with our standard
pricing schedule.
Our dial-up network is constructed with 100%-digital state-of-the-art equipment which uses the V.90 protocol. V.90 is designed to provide a transmission speed of 56K BPS (currently limited to 53K BPS by the FCC). You understand and agree, however, that the speed you achieve on a dial-up connection is affected by factors beyond our control, mainly the distance between your location and our network connection point, and the condition of the telephone lines and equipment used to make that connection. In addition, the modem you use, your modem drivers, computer type, and operating system also affect connection speed. As a result, we bear no responsibility for the connection speed you achieve.
Hacking any portion of our network or using our network to illegally access other networks is strictly forbidden. If you are found trying to access systems without authorization, your account will be terminated and prosecuted to the full extent of Federal and State law. Any user who attempts to access our server or any portion of our network in any manner or for any purpose for which you have not been authorized, or who is found to be utilizing our network for purposes that violate our Terms of Service, shall be charged the minimum sum of $500 for time expended in identifying or correcting any damage caused to our servers or network or investigating the improper activity. This amount will be immediately charged to your credit card on file. This amount does not limit other damages which may be sought against you in a court of competent jurisdiction. You may not leave your PPP dial-up account connected for more than 24 hours at a time. Your PPP account is intended for unlimited personal use, as long as you are in front of your computer. The use of any software to make it appear that your account is active is a violation of this policy and will result in cancellation of your account. Personal accounts are not to be shared. Only the subscriber, his or her spouse, or their minor children may use the PPP account. Simultaneous or multiple logins by the same person or others shall constitute a violation of this agreement. Personal webspace may not be used for any commercial purpose. Use of personal web space for commercial purposes by any user shall constitute the user's consent to be charged the commercial rate for such use. The use of automated e-mail checkers that poll our server more that once in a five minute period is considered excessive and will not be permitted.
We require all service fees to be paid in advance, on a quarterly or annual basis, via advanced pre-approved credit card authorization or payable by check. If your service is interrupted for non-payment for any reason, there will be a restoration fee of $25.00, payable in advance, in addition to the overdue charges. Services not paid by the due date will be immediately subject to disconnection, and we assume no liability for any damages incurred by any such interruption of service or deletion of e-mail and/or webspace files from our servers. In addition, your account may be placed on "annual payment only plan". All correspondence regarding renewal of your account is sent via e-mail to your master account name unless other arrangements have been made. You agree that all information provided on your application is true and correct. Any false information is a violation of your agreement with us. Persons providing false information will be subject to immediate disconnection. You further agree to keep us up-to-date with all information which may change, including address, phone numbers and credit card information. If your credit card is rejected for any reason by the credit card company, your account is subject to immediate "hold" status and possible disconnection. Payments are due immediately by check unless another suitable credit card number can be provided. We reserve the right to change monthly fees, surcharges, and or add new fees
without notice. The new charge will be effective when your term
has expired. We reserve the right to offer introductory rates and
specials limited to new customers only. If you have been an Urban
Communications, Inc. customer within the previous 30
days, you are not eligible for introductory specials. Any changes
to this agreement may be posted to the our Terms of
Service page and shall become effective on their posting.
Use of the service after any such change constitutes acceptance of the
terms. The subscriber agrees to pay a $25.00 fee on each returned
check or chargeback and all attorneys' fees and court costs incurred in
enforcing any terms of this agreement. Customers terminating their
account and attempting to resubscribe are not guaranteed that they will
be able to receive the same login and/or e-mail names they had on a previous
account. Customers resubscribing within 90 days of termination of
their account are subject to a reconnection processing fee of $25.00 for
such action.
Your account will be automatically renewed in accordance with the terms of
your service plan on the first day of the quarter. Dialup account
customers may cancel their account prior to the expiration of its term.
In order to cancel an account, the customer must advise us in writing by US
mail or fax. No credit will be given for the current month.
Additionially, there will be a $25.00 cancellation fee incurred, which will be
deducted from any credit due the user for unused service. No credit is
given for installation, setup, or training charges. Dedicated and domain
hosting customers may only cancel their account in accordance with the terms of
their contract.
You are responsible for all telephone charges for connecting to our
network. This includes per minute charges for connecting by means of our
"800" or "888" phone numbers. Any disputes or problems regarding phone
service are between you and your telephone company or your long distance
providers.
You are responsible for verifying with your telephone company that the
telephone numbers we provide you to access our network are truly a local call
from your location. In the event that it is not, we will attempt to
locate another number that might be considered local for you, but in no way
bear responsibility for any telephone company charges for you to access our
network.
You understand that any e-mail contact with our Billing, Customer Service,
or Technical Support Departments must be done from your urbancom.net
e-mail account sent via our server, and that correspondence received via
e-mail from other domains may not be acted upon due to security reasons.
In the event you have signed a written agreement with us, the terms of that agreement
shall govern in the event that any terms conflict with what is posted here.
Parents understand that there may be material available on the Internet which is unsuitable for viewing by those under the age of 18. The parents agree that they will be solely responsible for monitoring the use of the account by their children. Parents agree that they hold us harmless and indemnify us for any actions of their minor children while using this service. We provide information regarding available software parents may use to limit the access of their children to materials unsuitable for viewing by minors. Each subscriber agrees that he will not transmit or receive any material which violates any Federal, State or local law in any jurisdiction where the material is either sent or received.
It is considered a violation of our policy, to: (a) Post a single article,
announcement, or advertisement to more than one newsgroup, forum, e-mail
mailing list, or other similar group; (b) Post multiple copies of the
same message to a newsgroup, forum, e-mail mailing list, or other similar
group; (c) Post to any Usenet or other newsgroup, forum, e-mail mailing
list, or other similar group articles which are off-topic according to
the charter or other FAQ or description of the group or list; (d) Send
unsolicited mass e-mailing to anyone; (e) Engage in any of the foregoing
activities using the service of another provider, but channel such activities
through our servers or access numbers, or use your Urban
Communications, Inc. account as a maildrop for responses;
(f) Falsely identify yourself to someone on the Internet via e-mail or
newgroup posting. Violators are subject to immediate termination
of their account.
You understand and agree that we use software on our e-mail server to insure
that all outgoing e-mail from your account contains your actual login name and
real name in the "From" line of the message header.
We will not tolerate users trying to 'SPAM' the network. "Spamming" is
the transmission via e-mail or newsgroup posting of material in any form
including, but not limited to "junk mail", "spam", "chain letters", or
unsolicited mass distribution of e-mail, to another party without their express
consent. We will terminate your account immediately if you violate this
policy. In addition, you understand that your
credit card on file will be charged a minimum of $500.00 immediately to
compensate us for the time expended in identifying or correcting any damage
caused to our servers or network and investigating your improper activity.
We will also provide your full name, address, and telephone numbers to
anyone complaining about your activities.
Please note that the transmission of broadcast fax and junk e-mail is a
violation of federal law under 47 U.S.C. 227. Under United States law, it
is unlawful: "to use any telephone facsimile machine, computer, or other
device to send an unsolicited advertisement" to any "equipment which has the
capacity (A) to transcribe text or images (or both) from an electronic signal
received over a regular telephone line onto paper." The law allows
individuals to sue the sender of such illegal "junk mail" for $500 per copy.
Most states will permit such actions to be filed in Small Claims Court. |
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