Terms of Service
Systems & Information Management ("sySim")
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.
sySim exercises no control
whatsoever over the content of the information passing through sySim's system. Use of any information obtained via sySim is at User's risk. Neither sySim 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 sySim make
any warranty as to the results from use of the Service.
NEITHER sySim 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. 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, NON-INFRINGEMENT,
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 sySim, ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL sySim, 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 sySim IS FOUND LIABLE UNDER
ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, sySim'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 sySim 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 sySim, 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 sySim, 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 sySim 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 sySim shall confer as
to and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to sySim 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. sySim has
no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
-
send unsolicited 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.
-
Commercial email not requested by the recipient.
-
Mass email carried out by automated programs.
-
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 web space 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 right-holder;
- 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 Mail-list, 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.
sySim has no obligation to
monitor the Service. However, User agrees that sySim 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. sySim will not intentionally monitor or disclose
any private E-mail message unless required by law. sySim 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. sySim reserves
the right to suspend access to the Service for User's account. The accounts
suspension may be rescinded within the sole and absolute discretion of
sySim following payment of a reconnection charge, to be determined
by sySim in its sole and absolute discretion.
Messaging
User agrees to limit their use of the
sySim service, specifically regarding the use of sySim's
electronic (email) services, to the following restrictions:
- Unauthorized Use of Email 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 sySim 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. USER ALSO AGREES
TO THE IMMEDIATE TERMINATION OF sySim SERVICES FOR VIOLATION
OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although sySim may advertise "Unlimited
Bandwidth" in regards to some of its services there are several limitations
applied. The sole purpose of these limitations are intended of unnecessary
use of sySim services by any such User, which restricts system
availability for other such Users. These limitations apply only to Hosting
offered by sySim.
- Restricted Content
You agree not to post any of the following
restricted contents: Illegal, Abusive or Un-ethical 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 Un-ethical materials.
- Bandwidth Restrictions
Although we advertise unlimited bandwidth,
we reserve the right to inform you that you must transfer your web site
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 web site from our
system.
Limitation of Dial-Up Services
Although sySim may advertise "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 sySim services by any
such User, which restricts overall sySim system availability
for other such Users. These limitations apply only to Dial-Up access services
offered by sySim.
- Idle Timeout
User agrees to have their online session
automatically terminated after twenty (20) minutes of consecutive inactivity.
system for a time period of
six (6) seconds following
the termination of their previous online session, regardless of the reason
for the previous session's termination.
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- Multiple, Concurrent Online Sessions
User agrees to maintain no more than one
(1) concurrent online session for each PPP/ISDN account purchased.
- Dedicated Connection
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 sySim.
- Our Network Access Restrictions
User agrees that for all our Network locations,
that they will be limited to 450 hours of access per month. If a customer
exceeds the 450 hour limit, their account will be temporarily disabled
until the first of the next month.
Terms of Payment
A credit or check card User agrees to allow sySim to bill his or her card on each successive billing date without obtaining
User's permission after the initial charge. A credit or check card User shall notify
sySim of any changes in credit or check card number or expiration date.
If the card is not honored for any reason, sySim may re-attempt to bill the credit or check card and / or may attempt
to notify the card holder by using the telephone information on file or by E-mail. sySim may telephone 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 sySim 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.
sySim maintains the right
to terminate Service for any unpaid subscriptions. Accounts in default
are subject to an interest charge of 1.5% per month on the outstanding
balance. Termination of Service shall not relieve User from the obligation
to satisfy outstanding invoices. In the event sySim utilizes
an attorney to collect any unpaid amounts, User shall be responsible for
the payment of all of sySim'S attorneys' fees and costs in the
collection of these sums.
sySim 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
sySim reserves the right to
cancel Service for any reason without prior notice. Pre-paid service is
non-refundable. sySim will not refund any shipping or handling
fees. Cancellations after User's billing date are charged for the remainder of User's billing period.
User must notify sySim via our
special cancellation form, or our billing agent's (PayPal) cancellation form, or in writing to cancel Service. Cancellations shall not be honored
by electronic mail. Fees for any setup, shipping and handling, and monthly
service charges placed by sySim are non-refundable.
No Confidentiality
Information transmitted through sySim and through the Internet in general is not confidential. sySim can not and shall not guarantee privacy or protection of any
User. sySim 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 sySim.
Non-transferable
The right to use the Service is not transferable.
Accounts are for User's use and User's immediate family residing at the same
physical address use only. User shall be responsible for the confidentiality
of User's password. Loaning User's account to others not mentioned herein, 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 or check 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 or check 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.
Failure to Comply With Terms and Conditions
sySim may deny User access to
all or part of the Service without notice if User engages in any conduct
or activities that sySim in its sole discretion believes violates
any of the terms and conditions in this Agreement. If sySim denies
User access to the Service because of such a violation, User shall not
have the right
- to access through sySim any materials stored
on the Internet,
- to obtain any credit(s) otherwise due to User, and
such credit(s) shall be forfeited,
- to access third party services,
merchandise or information on the Internet through sySim,
and sySim 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 (idle more than 20 minutes). User authorizes sySim to enforce these restrictions by appropriate software and network
measures, automated and manual.
User agrees to notify sySim
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 sySim.
sySim'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, and neither the
course of conduct between parties nor trade practice shall act to modify
any provision of this Agreement.
sySim may modify this Agreement
from time to time by placing a notice of such modification on our web site,
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 Jersey 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.
sySim 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 sySim.
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 sySim as the
defendant, shall be proper only in a venue determined by sySim.
In any action between sySim
and User to enforce any of the terms of this Agreement, sySim
shall be entitled to recover expenses, including reasonable attorney's
fees.
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.
This Agreement constitutes the entire
agreement between sySim and User with respect to the
Service.
