| True Vine Online
Policies:
This document applies to all Internet Access Accounts as well
as
web site hosting accounts and/or other Internet accounts.
Purchase
and use of services provided by
True Vine Online LLC herein referred to as TVO constitutes acceptance
of
these policies.
Interpretation
The provisions of this Policy are intended as guidelines and are not
meant
to be exhaustive.
Generally, conduct that violates law, regulation, or the
accepted
norms of the Internet community, whether or not expressly mentioned in
this
Policy, is prohibited.
TVO reserves the right at all times to prohibit activities
that
damage its commercial reputation and goodwill.
Section 1 - ACCOUNTS & BILLING
Service
Service is defined as Internet access being made available for use of
the
subscriber regardless of whether subscriber actually logs on and uses
the
service.
All True Vine Online accounts are payable in advance of
service.
Refunds for portions of prepaid service periods will not be given.
Cancellations &
Refunds
Cancellations are accepted by telephone or
postal
mail only and will be effective upon receipt. For security reasons Email
cancellations are not accepted.
Refunds will only be made during the first 14 days
of service and no refund will be made of any portion
of a service period (month/quarter/year) once that
service period has begun.
Transferability
A TVO account does not extend to any other person, corporation, or
entity.
A TVO account is on-transferrable. Login names and passwords are not to
be
shared with outside parties.
Multiplicity of Use
No more than one dial-up connection can be used at any time for each
login
account. If, at any time, more that one instance of an account is
found,
the account will be suspended immediately for security reasons.
Extent of Use
An "unlimited" access account does not constitute a dedicated
connection. TVO intends it to be for an unlimited amount of time
"manually" making use
of the connection. (ie. a human sitting at the computer)
An inactivity time-out has been engineered in the PPP
daemon
to ensure fair access to all customers. Any attempt to bypass such
measures is a breach of this policy.
Payment
The preferred method of payment is automatic debiting of credit cards
or
debit cards. email-mail invoice billing is also available. Billing is
available
in 1, 3, or 12 month intervals. All billing is in advance of and
payable
prior to commencement of the next service period.
Checks returned for non-sufficient funds or for whatever
reason
will result in a $20 handling charge.
Non-Payment
Unpaid accounts are subject to termination without further notice. In
the
event of termination all setup fees will need to be paid again.
Telephone Charges
TVO will not be held responsible for any telephone charges (long
distance,
local long distance, etc.) that may apply as a result of using the
service.
The user should ensure that his/her computer is accessing a dial-up
number
which is local to that user.
Section 2 -CONDUCT & USE OF
NETWORK
Security
Any attempt to violate the security, stability, integrity of any TVO
server
or service is strictly prohibited. The customer is responsible for any
and
all files
and scripts contained in (and under) his/her directory(s).
Netiquette & Other Networks
TVO provides access to and links to various Web sites and services
across
the Internet that are not under our control. Content and materials of
other
services and sites may change or be discontinued. Links from the TVO
web
site does not necessarily constitute endorsement and never constitutes
any
guarantee of appropriateness of such sites for any use or audience. TVO
customers
connect to any and all other sites and services at their own risk.
Using TVO facilities to engage in activities that violate the
Terms of Service of any other network access provider is prohibited.
TVO customers must abide by the terms and policies of any service to
which he/she connects. Obtaining these policies is the direct
responsibility of the customer.
FILTERING SERVICES
TVO provides access via proxy server to Internet content filtering and
blocking
services as a tool to assist our customers to avoid pornographic and
other
objectionable content. This service is provided without warranty. TVO customers are advised that such content filtering
IS
NEVER completely effective and that some objectionable content can and
will
be accessible. Parents, and guardians are advised that TVO
filtering
services DO NOT substitute for guidance and
supervision of children accessing the Internet.
SPAM
SPAM is defined as any unwanted and unsolicited transmission of data
through
email and usenet news groups and is STRICTLY prohibited.
It includes but is not limited to:
-advertisements for goods and services
-chain letters and multi level marketing
-off topic postings to mailing lists or news groups
-any message sent to more than 5 news groups or 3 listservs
Promotion of web sites hosted by TVO via spamming is considered
spamming
even if the spam did not originate from TVO or pass through TVO
facilities.
TVO will charge the spammers account $100 per hour (Minimum
$200)
for time spent identifying spammers, answering complaints and
other
activities
associated with stopping spamming activities. Accounts of
spammers will
be terminated and refunds will not be issued for unused portions of the
service.
DO NOT SPAM!
Copyright, Privacy, and Intellectual Property
Using a TVO connection to commit, aid or abet any violation of
copyright or
intellectual property law is prohibited.
This prohibition includes publishing a private e-mail message
to
third parties, by any means, without the express prior consent of the
author.
The e-mail addresses of TVO
subscribers
are not for sale or commercial distribution to third parties without
the
express prior consent of the subscriber.
Storage & Transfer of Materials
Storage of illegal or pornographic materials (or material which TVO
deems
obscene) on TVO servers, or the transmission of said materials over
TVO's
network
(including email) is prohibited.
True Vine Online LLC (TVO) provides hosting of web sites as a
service to our subscribers. As a Christian Internet service
provider, True Vine
Online expressly and distinctly reserves the right to remove any web
site
which in the SOLE opinion of True Vine Online is found to be
objectionable or conflicting with our goal of providing "Christian
family values" based Internet services.
Fraud
Tampering with the return address or route report on an e-mail message
or
Usenet news message is prohibited. Anonymous transmissions of any sort
are
prohibited.
Technical Support
Internet Access Accounts-
The customer is responsible for a basic working knowledge of his/her
operating
system/interface (Win 3.x, Win 95/98, or MAC). Technical support
representatives
are not responsible for general computer support. Any technical
assistance
given to the customer, outside the bounds of Internet service, is at
the
discretion of the representative.
Web Sites-
Technical support is limited to issues regarding the uploading (via
ftp)
of the files and the proper functioning of the web site server. TVO
provides
NO technical support on the creation or design of web sites.
Learning
to design
a web site is the responsibility of the subscriber/owner.
Assistance and consulting is available from TVO at rates
agreed
between TVO and customers on an individual contract basis.
Internet Software
TVO offers and distributes software on its web site and other media.
All
software is provided with no warranty whatsoever.
Software provided by TVO is for convenience only and any
and
all licensing fees associated with the use of such software is the
responsibility of the end user. Any fees paid to TVO or any re seller
for CDs or other media
is intended as payment for duplication and distribution only and not as
payment
of any licensing fees that may be due to the author or copyright
holder.
Personal Web Space
True Vine Online provides free NON-COMMERCIAL web space as a courtesy
to
our subscribers. Selling services or products or promoting a business
on
the web
site is considered commercial use and prohibited.
Warranty & Liability
True Vine Online makes every reasonable effort to provide dependable
Internet
web site hosting, dial up access, email and other services. TVO makes
no
warranty as to the fitness of any services for any particular use. In
the
event that services are interrupted or unavailable for any reason TVO
is
not and shall not be liable for damages beyond a refund of the actual
service
fees paid by the customer to TVO at the sole discretion of TVO.
Indemnity
The customer agrees to indemnify TVO against liability for any and all
use
of the customer's account.
Outsourcing
TVO from time to time may and does contract with other entities to
provide
various services to our customers. Payment for such services are
payable
to TVO at rates and schedules set by TVO unless expressly stated
in
writing.
Clients and customers of TVO may be required to comply with
other
policies and conditions as set by these contracted providers in
addition
to those of TVO.
General
TVO reserves the right to refuse service to any person or company
suspected of violating or which potentially may violate any of the
above policies.
Consequences of Violation
Violation of this Policy by a TVO customer may result in temporary
suspension
or permanent termination of service, at TVO's sole discretion.
TVO does not issue service credits for any outages incurred
through service disablement resulting from Policy violations.
Modification
TVO reserves the right to add, delete, or modify any provision of this
Policy
at any time without notice.
|
Terms of Service:
True Vine Online LLC. ("True Vine Online LLC") agrees to
provide
you ("User") with those services ("Service") set forth on the
Application
subject to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE
SERVICE.
BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS
EXPRESSED OR IMPLIED.
True Vine Online LLC exercises no control whatsoever over the
content of the information passing through True Vine Online LLC'S
system. Use of any
information obtained via True Vine Online LLC is at User's risk.
Neither True
Vine Online LLC nor any of its affiliates, its licensers, its
contractors or their respective employees warrant that the Service will
be uninterrupted or error free; nor does True Vine Online LLC make any
warranty as to the results
from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO
ADVICE OR INFORMATION GIVEN BY True Vine Online LLC, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY.
NEITHER True Vine Online LLC NOR ITS AFFILIATES, ITS
LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES,
CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL True Vine Online LLC, ITS AFFILIATES, ITS
LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT,
INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN
ANY
WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE
INTERNET
OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION,
SERVICES
OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM
MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION
OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS,
COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION
OF
OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR
UNDER
ANY OTHER CAUSE OF ACTION. IN THE EVENT True Vine Online LLC IS FOUND
LIABLE
UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, True Vine
Online
LLC'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S
SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of True Vine
Online LLC in operating the Service, User's sole and exclusive remedy
is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees
to
indemnify and hold True Vine Online LLC, its affiliates, its licensers,
its
contractors or their respective employees harmless against any and all
liability,
loss, claim, judgment, damage and expense including without limitation
attorney's
fees and cost of litigation) incurred or suffered by True Vine Online
LLC,
its licensers, its affiliates, its contractors, or their respective
employees
as the result of any and all use of User's account whether authorized
or
not authorized or as a result of the negligence, willful misconduct, or
breach
of any of the terms of this Agreement by User, including but not
limited
to claims, liabilities, losses, damage, judgment and expense which
arise
out of alleged injury or death of any person or damage to property of
every
kind and description. User shall promptly notify True Vine Online LLC
in
writing of any claim of which it is obligated under this indemnity.
User
shall have the right to assume the defense of any such claim. User and
True
Vine Online LLC shall confer as to and agree on the legal counsel(s) to
be
selected in any such defense.
Age Limit
User represents to True Vine Online LLC that he or she is 18 years of
age
or older. User understands that certain materials available from
Service
provided under the terms of this Agreement may not be suitable for
individuals
under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of
which
are sexually explicit or may be offensive. User accesses such materials
at
his or her own risk. True Vine Online LLC has no control over and
accepts
no responsibility whatsoever for such materials.
Content Filtering
Although True Vine Online LLC advertises "Filtered Access" and "Family
Safe
Internet" and other such phrases in regards to our content filtering
services
there are several limitations. True Vine Online provides content
filtering
tools and content blocking services to assist our customers to attempt
to
avoid sexually explicit and other objectionable content. These
filtering
tools and content blocking services are provided without warranty. TVO customers are advised that such content filtering
IS
NEVER completely effective and that some objectionable content can and
will
be accessible. Parents, and guardians are advised that TVO
filtering
services DO NOT substitute for guidance and supervision of children
accessing
the Internet.
Prohibited Uses
User may not:
- send unsolicated email, (known as 'spam') to anyone
residing on our
servers or through our servers, or when dialed into the network.
The following types of email sent constitute as spam:
- Forged email To/From address other than from the actual
sender or to
the actual recipient.
- Message subject not related to the email body.
- Email not requested by the recipient.
- Emails sent in bulk by sender.
- Mail bombs.
User may not:
- restrict or inhibit any other user from using and enjoying
the Internet;
- post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, pornographic, profane, 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;
- post on webspace provided any sexually explicit materials
or materials that may be offensive.
- post or transmit any information or software which
contains a virus,
cancelbot, trojan horse, worm or other harmful component;
- 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);
- 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;
- upload, post, publish, transmit, reproduce, transmit or
distribute
in any way any component of the Service itself or derivative works with
respect thereto;
- send unsolicited advertising or promotional materials to
other network users (See section titled "MESSAGING");
- allow users to run Maillist, Listserv or any form of
auto-responds
from User's account;
- run or activate processes while User is not logged in;
- violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal
material including that deemed threatening or obscene, or engage in any
kind or illegal activity;
- attempt to defeat any idle timer or system tool intended
to enforce
the part-time and personal nature of User's connection, including the
use
of pingbots and other methods of avoiding timing disconnection (See
section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
- violate any of the rules, regulations and policies of
those networks
and computer systems accessed via User's account.
True Vine Online LLC has no obligation to monitor the Service. However,
User
agrees that True Vine Online LLC has the right to monitor the Service
electronically
from time to time and to disclose any information as may be necessary
to
satisfy any law, regulation or other governmental request, to operate
the
Service properly, or to protect itself or its subscribers. True Vine
Online
LLC will not intentionally monitor or disclose any private E-mail
message
unless required by law. True Vine Online LLC reserves the right to
refuse
to post or to remove any information or materials, in whole or in part,
that,
in its sole and absolute discretion, are unacceptable, undesirable, or
in
violation of this Agreement. True Vine Online LLC reserves the right to
suspend
access to the Service for User's account. The account's suspension may
be
rescinded within the sole and absolute discretion of True Vine Online
LLC
following payment of a reconnection charge, to be determined by True
Vine
Online LLC in its sole and absolute discretion.
Messaging
User agrees to limit their use of the True Vine Online LLC service,
specifically
regarding the use of True Vine Online LLC's electronic (email)
services,
to the following restrictions:
- Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located
throughout the Internet for the purposes of relaying or distributing
messages is prohibited.
- Fraudulent Addressing
User agrees that the purposeful distribution of any email message where
the
return address, originator's address, or any other identifiable aspect
of
the message has been purposefully altered, is prohibited. User may not
purposefully
misrepresent the origination information of any email messages sent
while
using the True Vine Online LLC service.
- Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES.
FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS
DESCRIBED
WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE
IMMEDIATE
PENALTY OF $200. True Vine Online LLC RESERVES THE RIGHT TO CHARGE
USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF True Vine Online LLC
SERVICES,
A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER
PRE-PAYS
FOR THEIR True Vine Online LLC SERVICE VIA CASH, CHECK, OR MEANS OTHER
THAN
CREDIT CARD, True Vine Online LLC RESERVES THE RIGHT TO INVOICE AND
HOLD
USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE
TERMS.
USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF True Vine Online LLC
SERVICES
FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although True Vine Online LLC advertises "Unlimited Bandwidth" in
regards to some of its services there are several limitations applied.
The sole purpose
of these limitations are intended of unncessary use of True Vine Online
LLC
services by any such User, which restricts system availability for
other
such Users. These limitations apply only to Hosting offered by True
Vine
Online LLC.
Restricted Content
You agree not to post any of the following restricted contents:
Illegal, Abusive
or Unethical Activities include, but are not limited to, pornography,
obscenity,
nudity, violations of privacy, hacking, computer virus, gambling, or
promotion
of gambling, and any harassing or harmful materials or uses, as
determined
by us. You agree to indemnify and hold us harmless from any claim
resulting
from your publications or use of Illegal, Abusive or Unethical
materials.
Bandwidth Restrictions
Although we advertise unlimited bandwidth, we reserve the right to
inform
you that you must transfer your website if an excessive amount of
bandwidth
is being used. If the request is not met within 5 days, we do reserve
the
right to remove the website from our system.
Limitation of Dial-Up Services
Although True Vine Online LLC advertises "Unlimited Access" in regards
to
some of it's Dial-Up services, there are several limitations applied.
The
sole purpose of these limitations are intended to limit the amount of
unnecessary
use of True Vine Online LLC services by any such User, which restricts
overall
True Vine Online LLC system availability for other such Users. These
limitations
apply only to Dial-Up access services offered by True Vine Online LLC.
Idle Timeout
User agrees to have their online session automatically terminated after
ten
(10) minutes of consecutive inactivity. Inactivity is defined as less
than
500 bytes of data transferred between User's modem and the True Vine
Online
LLC service.
Maximum Single Session
User agrees to have an online session automatically terminated after
five
(5) hours of consecutive time, regardless of data transferred during
such
specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the True Vine Online LLC
system
for a time period of one (1) minute following the termination of their
previous
online session, regardless of the reason for the previous session's
termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session
for
each PPP/ISDN account purchased.
Starnet Access Restrictions (calling group 1)
User agrees to not use the service as a dedicated connection. The
determination of what a dedicated connection is shall be at the sole
determination of True
Vine Online LLC. Service is provided as an unlimited service provided
that
you may not use the provided connection as a dedicated
connection.
ISDN Access Restrictions
User agrees that for all ISDN Accounts that they will be limited to 300
channel
hours of access per month. If the customer exceeds the 300 channel hour
limit,
there account will be temporarily disabled until the first of the next
month.
UU.net Access Restrictions (Calling group 6)
User agrees that for all UU.net locations, that they will be limited to
150
hours of access per month. If a customer exceeds the 150 hour limit,
there
account will be temporarily disabled until the first of the next
month.
Terms of Payment
A credit card User agrees to allow True Vine Online to bill his or her
card
on
each successive billing date without obtaining User's permission after
the
initial charge. A credit card User shall notify True Vine Online LLC of
any
changes in credit card number or expiration date. If the card is not
honored
for any reason, True Vine Online LLC will attempt to notify the card
holder
by using the telephone information given at sign-up or by E-mail. True
Vine
Online LLC will call or email the card holder, and if alternative
billing
has not been established, the account will be terminated. Restoring the
account
will be subject to a setup fee of $10.00.
If payment is by check, payment due dates are indicated on User's
invoice. Dishonored checks are subject to a collection fee to be
determined by True Vine Online LLC in its sole and absolute discretion
and User's account may
be suspended until the account is current. If payment is not received ,
service
will be terminated and a setup fee of $10.00 will be added to charges
for
additional Service.
True Vine Online LLC maintains the right to terminate Service for any
unpaid
subscriptions. Accounts in default are subject to an interest charge of
2.5%
per month on the outstanding balance. Termination of Service shall not
relieve
User from the obligation to satisfy outstanding invoices. In the event
True
Vine Online LLC utilizes an attorney to collect any unpaid amounts,
User
shall be responsible for the payment of all of True Vine Online LLC'S
attorneys'
fees and costs in the collection of these sums.
True Vine Online LLC reserves the right to change prices at any time
without
prior notice to it's customers or the public. Price changes will not be
retroactive
for existing customers, regardless of the length of their existing
service
subscription.
Right to Cancel
True Vine Online LLC reserves the right to cancel Service for any
reason without
prior notice. Pre-paid service is non-refundable. True Vine Online LLC
will
not refund any shipping or handling fees. Cancellations after the
beginning
of a service period (month/quarter/year) will be charged for that
service
period.
User must notify True Vine Online LLC via telephone or in writing to
cancel
Service. Cancellations shall not be honored by electronic mail or any
other electronic means. Fees
for
any setup, shipping and handling, and monthly service charges placed by
True
Vine Online LLC are non-refundable.
Billing Errors and
Overcharges.
Customer is responsible for informing True Vine Online promptly of
errors in billing. True Vine Online LLC will be under no obligation to
make refunds of overcharges that have not been reported to True Vine
Online within 60 days of such overcharge.
No Confidentiality
Information transmitted through True Vine Online LLC and through the
Internet
in general is not confidential. True Vine Online LLC can not and shall
not
guarantee privacy or protection of any User. True Vine Online LLC
reserves
the right to monitor any User's transmissions when deemed necessary for
providing
proper service and/or to protect the rights and property of True Vine
Online
LLC.
Customer Information
Unless required by court order, subpoena or other legal request, or
upon
the advice of counsel, True Vine Online may not publish User's name and
other
consumer information. "True Vine Online" may make such
information available
to third party vendors from time to time to be used ONLY in the
provision
of services such vendors (contractors) provide on our behalf, and ONLY
if
such vendor has a privacy policy consistant with our own. User
understands
further that merchants the customer visits on the Internet may have
access
to such information through other technical means which is independant
of
True Vine Online and not under our direct control. Those merchants may
make
such information available to third parties in accordance with
their
normal practices. User needs to be vigilant when interacting with
other
merchants & websites & notify those merchants directly that
User
does not wish such information to be made available.
Non-transferable
The right to use the Service is not transferable. Accounts are for
User's
use only. User shall be responsible for the confidentiality of User's
password.
Loaning User's account to others, connecting a system used by multiple
persons,
group use of user log-ins, and consuming more than one modem line are
explicitly
prohibited. If User has multiple accounts, then User shall be limited
to
one log-in session per system account at any time. Violation of those
terms
shall constitute theft of Service and may be prosecuted under civil and
criminal
law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by
the
merchant or information or service provider from whom User is making
the
purchase to supply certain information, including credit card or other
payment
mechanism information. User agrees that all information User may
provide
any merchant or information or service provider on the Service for
purposes
of making purchases shall be accurate, complete and current. The
merchants
and information and service providers offering merchandise, information
and
services on the Service set their own prices and may change prices or
institute
new prices at any time. User agrees to pay all charges incurred by
users
of User's account and credit card or other payment mechanism at the
prices
in effect when such charges are incurred. User shall also be
responsible
for paying any applicable taxes relating to purchases on the Service.
No System Backup
True Vine Online LLC does not and will not perform system backups on
any
User's E-mail account(s). True Vine Online LLC shall not be held
responsible for any lost E-mail data, email attachments, or any E-mail
message contents, regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein, True Vine Online LLC will
not provide historical data, to
any party for any reason, regarding any system or Internet activity.
True Vine Online LLC shall not be held responsible for any lost web
data,
web files, or any website contents, regardless of the reasoning for
data
loss or system causes. Except as otherwise set forth herein, True Vine
Online
LLC will not provide historical data, to any party for any reason,
regarding
any system or Internet activity.
True Vine Voice Service
The Voice Over Internet service sold as "True Vine
Voice" is provided by
Nuvio Corporation
8400 West 110th Street, Suite 410
Overland Park, Kansas 66210
Ccustomer service and billing relating to True Vine Voice Over
Internet is performed by Nuvio and independent of other True Vine
Online services and products. The service is sold without warranty.
True Vine Online LLC is not and will not be liable for the Nuvio
services but will make reasonable efforts to insure quality service.
The definition of "reasonable efforts" shall be the sole opinion of
True Vine Online LLC.
TVO-BLOCKIT - FILTERPAK
FOR WINDOWS
Some customers may use the Filterpak For Windows software. Installation
and use of this software is subject to additional terms as agreed to
during software installation. Customer further understands that
termination of service for nonpayment as described above will cause an
interruption of Internet access until filtering service is restored or
software is removed from the customers computer. True Vine Online LLC
has NO obligation to assist in the removal of software if customer has
an outstanding balance.
TVO-BLOCKIT - NETSWEEPER
Some customers may use TVO-BLOCKIT software powered by Netsweeper.
Installation and use of this software is subject to additional terms as
agreed to during software installation. Customer further understands
that termination of service for nonpayment
as described above will cause an interruption of Internet access until
filtering service is restored or software is removed from the customers
computer. True Vine Online LLC has NO obligation to assist in the
removal of software if customer has an outstanding balance.
TRUE VINE ONLINE DSL
Customer understands that DSL services sold by True Vine Online LLC are
subject to additional terms required by our DSL
partners and providers and agreed to on our online signup form.
Failure to Comply With Terms and Conditions
True Vine Online LLC may deny User access to all or part of the Service
without
notice if User engages in any conduct or activities that True Vine
Online
LLC in its sole discretion believes violates any of the terms and
conditions
in this Agreement. If True Vine Online LLC denies User access to the
Service
because of such a violation, User shall not have the right (1) to
access
through True Vine Online LLC any materials stored on the Internet, (2)
to
obtain any credit(s) otherwise due to User, and such credit(s) shall be
forfeited,
(3) to access third party services, merchandise or information on the
Internet
through True Vine Online LLC, and True Vine Online LLC shall have no
responsibility
to notify any third-party providers of services, merchandise or
information
nor any responsibility for any consequences resulting from lack of
notification.
Miscellaneous
User agrees to remain signed into the network only when actually making
use
of same, and to disconnect when idle for significant periods of time
(more
than 10 minutes). User also agrees to not remain connected to True Vine
Online
LLC's system for periods exceeding (5) five hours, in any single
continuous
session. User authorizes True Vine Online LLC to enforce these
restrictions
by appropriate software and network measures, automated and manual.
User agrees to notify True Vine Online LLC if User moves or
otherwise changes his or her mailing address or phone number, and to
list a truthful name, postal address and telephone number on the forms
User supplies to True
Vine Online LLC.
In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the provisions
shall remain in full force and effect.
True Vine Online LLC'S failure to insist upon or enforce
strict
performance of any provisions of this Agreement shall not be construed
as
a waiver of any provision or right. neither the course of conduct
between
parties nor trade practice shall act to modify any provision of this
Agreement.
True Vine Online LLC may modify this Agreement from time to time by
placing
a notice of such modification on our website, and User's continued use
of
the Service following notice of such modification shall be deemed to be
User's
acceptance of any such modification. It is User's responsibility to
check
this online area regularly to determine whether this Agreement has been
modified.
If User does not agree to any modification of this Agreement, User must
immediately
stop using the Service.
This Agreement shall be governed by and construed in
accordance
with the laws of the State of New Hampshirewithout regard to its
conflicts
of
law provisions. Any cause of action User may have with respect to the
Service must be commenced within one (1) year after the claim or cause
of action arises
or such claim or cause of action is barred.
True Vine Online LLC shall not be liable or deemed to be in
default for any delay or failure in performance under this Agreement or
interruption of service resulting directly or indirectly from acts of
God, civil or military
authority, acts of public enemy, war, riots, civil disturbances,
insurrections,
accidents, dire, explosions, earthquakes, floods, the elements,
strikes,
labor disputes, shortages of suitable parts, materials, labor or
transportation
or any cause beyond the reasonable control of True Vine Online LLC.
Venue for litigation of any dispute, controversy, or claim
arising
out of, in connection with, or in relation to this Agreement, or the
breach thereof, naming True Vine Online LLC as the defendant, shall be
proper only
in a venue determined by True Vine Online LLC.
In any action between True Vine Online LLC and User to enforce
any
of the terms of this Agreement, True Vine Online LLC shall be entitled
to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between
User and
True Vine Online LLC with respect to the Service.
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