Internet Technologies, LLC - Terms of
Internet Technologies, LLC. ("AZWEB") 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.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
AZWEB exercises no control whatsoever over the content of the
information passing through AZWEB'S system. Use of any information
obtained via AZWEB is at User's risk. Neither AZWEB 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 AZWEB make any warranty as to the results from use of
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 AZWEB, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER AZWEB 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
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AZWEB, 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 AZWEB IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, AZWEB'S LIABILITY
SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of AZWEB in operating the
Service, User's sole and exclusive remedy is to discontinue using
Notwithstanding anything to the contrary herein contained,
User agrees to indemnify and hold AZWEB, 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 AZWEB, 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 AZWEB 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 AZWEB shall confer as to and
agree on the legal counsel(s) to be selected in any such defense.
User represents to AZWEB 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. AZWEB has no
control over and accepts no responsibility whatsoever for such
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User may not:
restrict or inhibit any other user from using and enjoying the
upload, post, publish, transmit, reproduce, transmit or distribute
in any way any adult oriented material;
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
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
violate any of the rules, regulations and policies of those networks
and computer systems accessed via User's account.
AZWEB has no obligation to monitor the Service. However, User
agrees that AZWEB 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. AZWEB will not intentionally monitor or
disclose any private E-mail message unless required by law. AZWEB
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. AZWEB 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 AZWEB following payment of a
reconnection charge, to be determined by AZWEB in its sole and
User agrees to limit their use of the AZWEB service,
specifically regarding the use of AZWEB's electronic (email)
services, to the following restrictions:
User is restricted to the transmission, or distribution, of
no more than fifty (50) recipients, or addresses, per email message.
This does not assume User is allowed to send such messages several
times to groups smaller than the fifty (50) limit.
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.
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 AZWEB
User agrees to be held responsible for the distribution of
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. AZWEB RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON
FILE FOR USE IN PAYMENT OF AZWEB SERVICES, A ONE-TIME FEE OF $200
PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR
AZWEB SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
AZWEB 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 AZWEB SERVICES FOR VIOLATION
OF ANY OF THESE TERMS.
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Limitation of Dial-Up Services
Although AZWEB 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 AZWEB services by any such User,
which restricts overall AZWEB system availability for other such
Users. These limitations apply only to Dial-Up access services
offered by AZWEB.
"User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel
hours a day, based on a 30 day calendar month usage report. User may be
blocked and forced to upgrade to continue service if their unlimited
account is used as a dedicated connection."
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 AZWEB service.
Maximum Single Session
User agrees to have an online session automatically
terminated after eight (8) 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 AZWEB 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.
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Terms of Payment
User shall be responsible for any and all fixed and
accumulative charges for User's account. The first month service fee
(or other available billing period selected) is due upon account
setup. Each month (or other billing period selected) on the date of
the application, User's account shall be charged the monthly access
and any other fees for the new month plus any accumulated charges
for prior months. Failure to use this account(s) does not relieve
User of payment obligations.
credit card User agrees to allow AZWEB 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 AZWEB of
any changes in credit card number or expiration date. If the card is
not honored for any reason, AZWEB will attempt to notify the card
holder by using the telephone information given at sign-up and by
E-mail. AZWEB will call the card holder, and if alternative billing
has not been established within five (5) days, the account will be
terminated. Restoring the account will be subject to a setup fee of
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 AZWEB in its sole and absolute discretion and User's
account may be suspended until the account is current. If payment is
not received within five (5) days of the due date, service will be
terminated and a setup fee of $10.00 will be added to charges for
AZWEB 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 AZWEB utilizes an attorney to collect any
unpaid amounts, User shall be responsible for the payment of all of
AZWEB'S attorneys' fees and costs in the collection of these sums.
AZWEB 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
AZWEB reserves the right to cancel Service for any reason
without prior notice.
Cancellations must be requested via
telephone during regular business hours (8am to 5pm). Pre-paid
service is non-refundable. AZWEB will not refund shipping &
handling fees or any one-time start-up fee. Cancellations after the
first of the month will be charged for that month.
User must notify AZWEB via telephone or in writing to cancel
Service. Cancellations submitted to AZWEB via electronic mail shall
not be honored. Fees for any setup, shipping and handling, and the
first month's Service are not refundable.
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Information transmitted through AZWEB and through the
Internet in general is not confidential. AZWEB can not and shall not
guarantee privacy or protection of any User. AZWEB reserves the
right to monitor any User's transmissions when deemed necessary for
providing proper service and/or to protect the rights and property
Unless required by court order, subpoena or other legal
request, or upon the advice of counsel, and unless User notifies
AZWEB to the contrary by calling 602/730-9327, AZWEB may publish
User's name and other consumer information in one or more
directories which may be accessed by other Internet users. In
addition, unless User notifies AZWEB to the contrary as provided
above, AZWEB may make such information available to third parties
from time to time. User understands further that merchants on the
Internet may have access to such information and may make it
available to third parties in accordance with their normal practices
unless User notifies those merchants directly that User does not
wish such information to be made available.
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
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.
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No System Backup
AZWEB does not and will not perform system backups on any
data on it's servers including but not limited to, Hosted Websites,
User's E-mail account(s) and general data. AZWEB 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. The user also understands and agrees that it
is their own sole responsiblity to back up their own Website
data. Except as otherwise set forth herein, AZWEB will not
provide historical data, to any party for any reason, regarding any
system or Internet activity.
AZWEB does not and will not perform system backups on any
User's personal web site account(s). AZWEB shall not be held
responsible for any lost web data, web files, or any web site
contents, regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein, AZWEB will not provide
historical data, to any party for any reason, regarding any system
or Internet activity.
Failure to Comply With Terms and Conditions
AZWEB may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that
AZWEB in its sole discretion believes violates any of the terms and
conditions in this Agreement. If AZWEB denies User access to the
Service because of such a violation, User shall have not right (1)
to access through AZWEB 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 AZWEB, and AZWEB 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.
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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 AZWEB's system for periods exceeding (8)
eight hours, in any single continuous session. User authorizes AZWEB
to enforce these restrictions by appropriate software and network
measures, automated and manual.
User agrees to notify AZWEB 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 AZWEB.
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.
AZWEB'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.
AZWEB may modify this Agreement from time to time by placing
a notice of such modification at http://www.azweb.com/tos.html, 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 Illinois 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.
AZWEB 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 AZWEB.
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 AZWEB as the defendant,
shall be proper only in a venue determined by AZWEB.
any action between AZWEB and User to enforce any of the terms of
this Agreement, AZWEB shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User
and AZWEB with respect to the Service.
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