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 or filtering
services 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
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 after charged 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 (dial up)
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 (dial up)
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. 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. Termination of filtering services could
result in loss of Internet access. Resolving the
Internet access issue requires payment of fees owed. No
technical help will be given if an unpaid balance is
due.
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 dial up services. 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 filtering 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.
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 (Windows
or MAC). Technical support representatives are not
responsible for general computer support. Any technical
assistance given to the customer, outside the bounds of
our services, 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 blocking, 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.
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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.
Email & Messaging
User understands dormant email accounts are defined as accounts not
used (not logged in) for a period of 90 days. As such True Vine Online
LLC reserves the right to remove dormant accounts without notice to the
user. In cases of dormant accounts removed there will be no backup of
messages, contacts, or any other data. True Vine Online in all cases is
not responsible for lost data and backups of all data is the sole
responsibility of the user (customer).
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 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 published privacy policy. User
understands further that merchants the customer visits
on the Internet may have access to such information
through other technical means which is independent 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.
TVO-BLOCKIT - Vanenburg Software
Some customers may use TVO-BLOCKIT software powered by
Vanenburg Software for Desktop, Laptop or mobile devices.
Installation and use of this software may be subject to
additional terms as specified by Vanenburg. 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.
AVG Cloud Care
Customers who use our AVG Cloud Care security must agree
to all terms of service specified by AVG in addition to
our own.
Google Apps & True Vine Email "powered by Google"
User agrees to the Google terms of service and separate
privacy policies in order to use True Vine Online Email
services or Google Apps under the banner of True Vine
Online.
Google Ads
True Vine Online advertises it's services on Google as
well as various sites that display Google ads. Visitors to
our web site may see ads for our services on Google as
well as other sites that display Google ads. Visit Google
for information about ads and adjusting your ad
preferences at http://www.google.com/settings/ads.
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 Hampshire
without 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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