SUCCEED.NET
INTERNET SERVICES TERMS & CONDITIONS
Last Modified: July 15, 2008

INTRODUCTION:
Succeed.Net's Terms of Service (“TOS”) is intended to enhance the use of the Internet by providing basic guidelines for its use. All users of Succeed.Net's Internet services (the "Services")—those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Subscribers")—must comply with this TOS. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services. However, in accordance with this TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this TOS. Your violation of this TOS may result in the suspension or termination of your access to the Services and/or your Succeed.Net account or other actions as detailed in this document. 

WARRANTIES/DISCLAIMER:
Succeed.Net makes no warranties of any kind, whether expressed or implied, for the service it provides. Succeed.Net also disclaims any warranty of merchantability or fitness for a particular purpose. Succeed.Net will not be responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions.

CONTENT DISCLAIMER:
Succeed.Net exercises no control whatsoever over the content of the information passing through it and you are warned that some information you receive may be offensive or, on occasion, obscene.  If certain language or the expression of certain ideas offends you, then by accessing this service you acknowledge that you have read this warning and will not hold Succeed.Net responsible for any language, thoughts or discussion, which may be part of information viewed by you on the Internet.  As Succeed.Net does not desire to degrade the exchange of legitimate information contained on the Internet, any information originated by you must comply with this TOS.

Use of any information obtained via the Services is at your own risk. Succeed.Net specifically denies any responsibility for the accuracy or quality of information obtained through the Services.

SUBSCRIPTION REQUIREMENTS:
Members must be at least 18 years old.  Current prices for Succeed.Net’s services are posted throughout our website at http://www.succeed.net.  Succeed.Net reserves the right to change prices of its services at any time.

BILLING POLICY:
Payments are to be made with cash, check, money order, direct debit, or credit card in US funds only. The subscriber will receive a billing statement via e-mail to their main Succeed.Net e-mail account unless Succeed.Net is instructed to do otherwise.

Accounts are invoiced and due in advance of service.  Payment is due no later than the expiration date indicated on the customer invoice.  Failing to make payments within 7 days after being past due will result in the account being suspended automatically by our billing software. There will also be a $10.00 late payment fee for all delinquent accounts.

If the subscriber’s check is returned to us unpaid the account is immediately in default of payment and subject to an insufficient funds fee of $20.00. Accounts in default of payment are subject to an interruption or termination of service without notice. An interruption or termination of service due to an account being in default does not relieve the subscriber from the obligation to pay any past due account charges.

Accounts in default for more than 30 days are subject to submission to a collection agency and accruing a collection fee of $15, an interest charge of 1.5% per month on the outstanding balance. If the subscriber defaults in the payment of any amounts owed thereafter, they agree to pay Succeed.Net its actual expenses, including attorney and collection agency fees, incurred in enforcing its rights under this billing policy.

Succeed.Net does not monitor accounts for inactivity. Only a phone call to 530-674-4638 or a written request via US Mail will terminate service and relieve the subscriber of the obligation to pay monthly service charges. An account in default will result in the unpaid balance plus any additional charges to be paid immediately, as credit will no longer be extended.

Discounted multi-month accounts that choose to terminate early will not be given pro-rated refunds.

The subscriber is responsible for any additional charges from overage hours that they may have incurred over the included package hours they have subscribed to. Succeed.Net is not responsible for ensuring that the subscriber stays within the subscribed number of hours.

All payments to Succeed.Net must be delivered to:  

Succeed.Net
1634 Starr Drive
Yuba City, CA 95993

SECURITY:

You are responsible for the protection of your account and data.  You are advised that the Internet is not a secure system.   Data can be, and often is, viewed by third parties.   Information of a private or confidential nature should not be placed on Succeed.Net's servers. Succeed.Net specifically denies any responsibility for the security of your account and the data stored in Succeed.Net facilities. 

VIRUSES:

It is recognized that the Internet may contain viruses that may, if not eliminated, destroy parts or all of the data contained within your computer. Succeed.Net has no control over these viruses.   You agree to provide your own mechanism for checking your computer system for viruses and other malicious software and to hold Succeed.Net harmless from any damage caused by harmful software obtained through the use of Succeed.Net services. Further, you agree not to introduce any virus onto the Internet system or Succeed.Net’s systems.  If you do so, your service may be placed on hold or terminated.

WiFi:

Any wireless device connected to a Succeed.net's Internet service such as a WiFi access point must be secured by WEP or WPA (preferred) encryption and not be open to the public without the explicit written permission of Succeed.net.  Failure to secure your network may result in limits being placed on your service or termination of your account without notice.

PERSONAL FILES:

Succeed.Net is not responsible for the preservation, maintenance, or backing up of Subscribers’ personal files or other information. Succeed.Net has the right to delete any and all files and information associated with individuals who have discontinued Succeed.Net service.

NON-TRANSFERABILITY OF ACCOUNT AND RESELLING OF ACCOUNTS:

Subscribers may not have more than one login session per account at any time unless they have paid for multiple login accounts.  Subscribers may not transfer their account information to another user, “share” accounts, or provide any account information with others. Reselling the Services without Succeed.Net's authorization is prohibited. Giving away free service to others is also considered to be unacceptable.

NETWORK ADDRESS OWNERSHIP:

IP addresses assigned to Subscribers are considered to be loaned and not given. Addresses will revert to Succeed.Net when the Subscriber disconnects or discontinues service.

COMPLIANCE WITH ALL LAWS:

Using the Services to transmit any material (via email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state or national law, or any rules or regulations is strictly prohibited.

UNACCEPTABLE CONDUCT:

The following constitute unacceptable conduct:

a. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses, threatens or encourages bodily harm or destruction of property.

b. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."

c. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

d. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited.

e.  Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate security measures of Succeed.Net's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

f. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

g. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

h.  Using the Services for any activity that adversely affects the ability of other people or systems to use Succeed.Net Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Subscriber’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

i. Any attempt to use Succeed.Net services to hurt other individuals or networks in any way.

EXCESSIVE UTILIZATION OF SYSTEM OR NETWORK RESOURCES:

Using a any Succeed.Net account for high volume use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Subscribers may stay connected to dial-up services as long as they are actively using that connection for the above purposes. Subscribers may not use the Services on a standby or inactive basis in order to maintain a connection. Programs designed for the sole purpose of maintaining an inactive, but open connection to the Internet are expressly prohibited.  Also prohibited, is Internet server software, including but not limited to, FTP and WWW servers on residential accounts. Accordingly, Succeed.Net maintains the right to disconnect or reduce the speed of any Subscriber’s connection following any period of suspected misuse, as determined by Succeed.Net.

TELEPHONE CHARGES:

The customer is responsible for all communication and / or telephone charges that they may incur when accessing Succeed.Net’s services.   Local toll-free access dial-up numbers may not be available in all areas.  The customer is solely responsible for determining if use of a particular dial-up number will cause them to incur long-distance, toll, or other charges.

WEB SPACE:

Some Succeed.Net Subscribers may receive web space for use with their Succeed.Net Internet account. Each subscriber’s free web space is allocated 200MB of traffic per month (traffic is calculated on a formula multiplying the number of hits that your site receives by the size of your files). If a site exceeds its maximum monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents.

MONITORING AND PRIVACY:

While Succeed.Net makes no guarantees as to the privacy of its Subscribers’ data on the Internet, efforts are made to preserve privacy. Succeed.Net reserves the right to monitor details of customers internet usage if it is suspected that the Subscriber is violating this TOS, or engaging in other unlawful or destructive activity.

COOPERATION WITH AUTHORITIES:

Succeed.Net will cooperate with local, state, and federal law enforcement agencies in their investigations of illegal activities involving the use of Succeed.Net’s services.  This includes network transactions by Subscribers as well as third parties.

RIGHT TO SUSPEND OR CANCEL ACCOUNTS:

Succeed.Net has the right to discontinue service to any Subscriber, at any time, for any reason. Failure to adhere to any of the terms set forth in this TOS may result in suspension or cancellation. The following are other conditions that may result in suspension or cancellation of services.

1. Failure to pay for services promptly and in full.

2. Failure to inform Succeed.Net of changes of address or other necessary information necessary for account maintenance

3. Request for cancellation of service by the Subscriber. 

TERMINATION/SUSPENSION:

Accounts may be terminated or suspended immediately at a Subscriber’s request, in which case the Subscriber is responsible for service fees for the month in which service was last rendered.  Succeed.Net may terminate or suspend accounts without notice for violations of this TOS or other policies, or at its discretion.  Partial refunds for less than one months service will not be given.

RIGHTS TO DAMAGES:

Succeed.Net has the right to claim economic damages from Subscribers if they cause significant economic harm to Succeed.Net through violation of this TOS or by any other action.

RIGHT TO CHANGE SERVICES:

Succeed.Net reserves the right to revise, amend, or modify this TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted to the company web site, http://www.succeed.net.   If you disagree with changes, your sole recourse is to discontinue services with Succeed.Net.

ENFORCEABILITY:

In the event that any portion of this agreement is deemed to be unenforceable the unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intention, and the remainder of the provisions shall remain in full force and effect. Failure to insist upon or enforce any portion of this agreement shall not be construed as a waiver of any provision or right.

REPORTING VIOLATIONS:  

Succeed.Net requests that anyone who believes that there is a violation of this TOS direct the information to Abuse Department, at: abuse@succeed.net

 If available, please provide the following information:

1. The source IP address used to commit the alleged violation
2. The date and time of the alleged violation, including the time zone or offset from GMT
3. Any evidence of the alleged violation

 For cases of email abuse, an Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

 Succeed.Net may take any one or more of the following actions in response to complaints:

1. Issue warnings: written or verbal
2. Suspend the Member's account
3. Terminate the Member's account
4. Bill the Member for administrative costs and/or reactivation charges
5. Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

QUESTIONS/COMMENTS:

Any questions, suggestions, or comments regarding this TOS may be directed to info@succeed.net

Use of Succeed.Net services constitutes acceptance of these Terms and Conditions.