SUCCEED.NET
INTERNET SERVICES TERMS &
CONDITIONS
Last Modified:
April 10, 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 5 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 be treated as
a month-to-month account for refund purposes. The number of months
used will be multiplied by the standard month to month cost and
deducted from the total discounted package cost paid. Any difference
in the subscriber’s favor will be refunded.
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.
RIGHT
TO DISCONNECT NON-DEDICATED ACCOUNTS:
Succeed.Net
reserves the right to disconnect the dial-up connection of any Subscriber
whose account is idle (no data passing through the connection) for any period of time
over 20 minutes. Any
user attempting to use a non-dedicated account as if it were dedicated
may be billed for a dedicated account.
Alternately, the Subscriber’s account may be terminated.
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.
UNLIMITED
VS. DEDICATED SERVICE:
Succeed.Net
offers both unlimited and dedicated accounts.
Unlimited accounts are governed by the EXCESSIVE UTILIZATION OF SYSTEM OR NETWORK RESOURCES section of this
document, while dedicated accounts may remain connected to the
services on a 24/7/365 basis and are not limited by monthly traffic
restrictions.
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.
-
Failure
to pay for services promptly and in full.
-
Failure
to inform Succeed.Net of changes of address or other necessary
information necessary for account maintenance
-
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:
- The
source IP address used to commit the alleged violation
- The
date and time of the alleged violation, including the time zone or
offset from GMT
- 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:
- Issue
warnings: written or verbal
- Suspend
the Member's account
- Terminate
the Member's account
- Bill
the Member for administrative costs and/or reactivation charges
- 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.
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