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PAGEDATA'S TERMS OF SERVICE AND POLICIES
PageData's Terms of Service and Policies is provided to give our customers
and users a clear understanding of what PageData expects of them while
using the service. All users of PageData's Internet services those who
access some of our Services but do not have accounts, as well as those who
pay a service fee to subscribe to the Services) must comply with these
Terms of Service and Policies.
Use of PageData's Service constitutes acceptance and agreement to
PageData's Terms of Service and Policies.
IMPORTANT NOTICE: *All Payments To PageData Are Non-Refundable*
PageData provides the Service, defined below in Section 1, subject to your
compliance with this Agreement.
1. Service.
1.1 The Service includes: Internet access; Electronic mail ("email"); and
a
single electronic mail address on PageData's server (regardless of the
number of mailboxes per your account).
1.2. Any means of identification assigned to you by PageData (including
usernames and email addresses) will remain the property of PageData and at
PageData's sole discretion may be altered or replaced at any time.
1.3. PageData makes no guarantees as to the continuous availability of the
Service or any specific feature of the Service. PageData reserves the right
to change the Service or any of its features at any time with or without
notice.
2. Registration Requirements.
2.1. Member certifies to PageData that he or she is not a minor. By
accepting
this Agreement, you represent that you meet this age requirement. Minors
who use the Service are assumed to have parental or guardian consent to do
so.
2.2. You agree to provide PageData with accurate and complete billing
information including your legal name, address, and telephone number. All
changes to this information must be reported to PageData within 30 days of
the change.
2.3. By accepting this Agreement, you agree that you are responsible for
all charges posted to your account until you cancel the account as
specified in Section 12.
3. Fees.
3.1. Setup fees are nonrefundable, and PageData does not issue pro rated
refunds for fees paid in advance.
3.2. PageData offers Unlimited Internet access subject to the following
limitations:
3.2.1 Using a personal account for high volume or commercial use is
prohibited. The Services are intended for periodic, active use of e-mail,
newsgroups, file transfers, Internet chat, games, and browsing the World
Wide Web. Members may stay connected so long as they are actively using
that connection for the above purposes. Members may not use the Services on
a standby or inactive basis in order to maintain a connection. Accordingly,
PageData maintains the right to terminate any member's connection following
any extended period of inactivity as determined by PageData. A single
account is intended for one individual to access the Internet. Multiple
logins under the same user ID are not allowed.
3.2.2. Alternative access, such as 1-800/888/899 or international roaming,
is not included in this offer but requires payment of additional hourly
charges.
3.2.3. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS
YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR PAGEDATA
DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES.
PAGEDATA IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED
BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL
TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE
CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESSES THE
SERVICE THROUGH YOUR ACCOUNT.
3.3. Every time you use a PageData Internet Service, you reaffirm that (i)
PageData is authorized to charge your designated payment method; (ii)
PageData may submit charges incurred under your Account for payment; and
(iii) you will be responsible for such charges, even if your membership is
canceled or terminated.
3.4. Current prices for PageData services are posted on PageData's Website
at http://www.PageData.com these prices may also be obtained by calling
1-208-375-9844. PageData reserves the right to change prices and institute
new fees. PageData may change rates or institute new charges at any time
upon 30 days prior notice. PageData does not issue pro rated fee refunds,
or refunds on any pre-paid services.
3.5. A service charge, up to the maximum allowed by the state you reside
in, will be assessed to your account for each check that is returned to
PageData for insufficient funds.
3.6. Payments for all charges are due within 20 days of the month in which
the charges are incurred. If your account is delinquent, your account may
be suspended or canceled at PageData's sole discretion.
3.7. If your account incurs charges, which are denied by your financial
institution, PageData reserves the right to re-bill for those charges,
regardless of your account status.
3.8. If your account is suspended, regular charges continue to accrue until
you cancel your account. PageData may, at its sole discretion, charge a fee
of $10.00 to reinstate a suspended account.
3.9. Interest charges of 3% per month (or the highest rate permitted by law
if lower than 3% per month) will accrue daily on any unpaid balance, which
is more than 30 days old.
3.10. You agree to pay all sales and use taxes, duties, or levies which are
required by law as well as all attorney and collection fees arising from
efforts to collect any unpaid balance on your account.
3.11. If you believe that PageData has billed you in error, you must
contact the Customer Service Department (per Section 12) within 60 days of
the invoice or transaction date of the charge. Credits or adjustments will
not be given for any charges which are more than 60 days old.
4. Use of the Service.
4.1. You and any members of your household are the only individuals who are
authorized to access the Service through your PageData account. You must
not permit anyone else to access the Service through your account and must
ensure that all authorized users of your account comply with this
Agreement. In addition, there may not be any simultaneous usage of your
account or username from two or more computer systems.
4.2 You are responsible for maintaining the confidentiality of passwords
used by you or members of your household.
4.3. You are responsible for all charges assessed as a result of use of
your account. However, PageData will not hold you responsible for charges
attributable to an unauthorized user's access to your account without your
permission, provided that you notify PageData within 24 hours of
discovering any such unauthorized use and the unauthorized use is not
attributable to the failure of any authorized user to exercise reasonable
efforts to maintain the confidentiality of the account or password.
4.4. You are responsible for providing and maintaining all equipment and
other software necessary to access the Service.
4.5. You will not use the Service or permit others to use the Service
through your account in any way that violates any law or regulation;
subjects PageData to liability; or is in contravention of PageData's
Acceptable Use Policy. You agree to comply with all PageData security
procedures and standards and to be bound by the terms and conditions of the
End User License Agreement for any software provided to you.
5. Violations Of PageData's Acceptable Use Policy
The following constitute violations of this Acceptable Use Policy:
5.1. Illegal use: Use of the PageData service to transmit any material (by
e-mail, uploading, posting or otherwise) that, intentionally or
unintentionally, violates any applicable local, state, national, or
international law, or any rules or regulations promulgated thereunder.
5.2. Harm to minors: Use of the PageData service to harm, or attempt to
harm, minors in any way, including, but not limited to child pornography.
5.3. Threats: Use of the PageData service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
5.4. Harassment: Use of the PageData service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
5.5. Fraudulent activity: Use of PageData service 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."
5.6. Forgery or impersonation: 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. The use of anonymous remailers
or nicknames does not constitute impersonation.
5.7. Unsolicited commercial e-mail or Unsolicited bulk e-mail (SPAM) Use of
the PageData service to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited. Violations of this type will result in
the immediate termination of the offending PageData account.
5.8. E-mail / News Bombing: Malicious intent to impede another person's use
of electronic mail services or new media will result in the immediate
termination of the offending PageData account.
5.9. E-mail / Message Forging: Forging any message header, in part or
whole, of any electronic transmission, originating or passing through the
PageData service is in violation of this AUP.
5.10. Usenet SPAMing: PageData has a zero tolerance policy for the use of
its network for the posting of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of any newsgroups or mailing
list. Commercial messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by the recipients are
permitted.
5.11. Unauthorized access: Use of the PageData service to access, or to
attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of PageData'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, is expressly prohibited and the offending
PageData account is subject to immediate termination.
5.12. Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Use of the PageData service to transmit any
material (by e-mail, uploading, posting, hot linking, directly linking 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.
5.13. Collection of personal data: Use of the PageData service to collect,
or attempt to collect, personal information about third parties without
their knowledge or consent.
6. Monitoring the Service; Disclosure of Member Information.
6.1. PageData has no obligation to monitor the Service but may do so and
may disclose information regarding your use of the Service to satisfy laws,
regulations or governmental requests; to operate the Service properly; and,
to protect itself and its members. However, PageData will not disclose
member information to outside persons or entities for the purpose of
soliciting PageData members.
6.2. PAGEDATA, IN ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY
INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE,
UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
7. No Warranties Provided by PageData.
7.1. Except for certain products and services specifically identified as
being offered by PageData, PageData does not control any information,
products or services on the Internet and except for such
PageData-identified content, all merchandise, information and services
offered, made available, or accessible on the Internet are by third parties
who are not affiliated with PageData.
7.2. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE
INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. PAGEDATA DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES,
WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PAGEDATA MAKES NO
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING
ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PAGEDATA OR ON THE
INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY PAGEDATA, ITS
EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
7.3 PAGEDATA SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY
OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND
MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY.
7.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH
YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH
MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. PAGEDATA HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
8. Your Remedies.
8.1. If you are dissatisfied with the Service or any of its terms,
conditions, rules, policies, guidelines, or practices, your sole and
exclusive remedy is to terminate this Agreement and discontinue using the
Service by canceling your account by one of the methods outlined in Section
12.
8.2. UNDER NO CIRCUMSTANCES SHALL PAGEDATA, ITS EMPLOYEES, AFFILIATES OR
CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF
YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF
THE INTERNET OR ANY PART THEREOF; OR, YOUR 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, OR ANY FAILURE OF
PERFORMANCE.
9. Indemnity.
You agree to defend, indemnify, and hold PageData and its affiliates
harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys' fees, related to or arising from: any violation of
this Agreement by you or those who access the Service through your account;
AND, the use of the Service or the Internet and the placement or
transmission of any message, information, software, or other materials on
the Internet by you or by those who have access to the Service through your
account.
10. Term of Agreement.
This Agreement is effective from your acceptance thereof, which is
indicated by your clicking the "Yes" button at the end of this Agreement
or
upon establishment of your account. If you are a current PageData member
when this Agreement is activated, your continued use of the Service
constitutes your acceptance of this Agreement.
11. Termination of Agreement.
11.1. You may terminate this Agreement by using only the methods outlined
in Section 12. Your termination will only be complete upon your receipt of
a confirmation number from PageData. You will receive verbal confirmation
if you cancel by telephone, and a written reply through U.S. mail if you
cancel by mail or web form. EMAIL CANCELLATIONS WILL NOT BE ACCEPTED.
Charges to your account will stop accruing the day you receive your
confirmation number. PageData does not issue pro rated fee refunds.
11.2. PageData may terminate this Agreement: at any time without cause upon
30 days prior notice; or, immediately if you or any person who has access
to the Service through your account, commit a material breach of this
Agreement, including but not limited to a breach of any obligation imposed
under Section 4 or you fail to pay any charges within 60 days of the date
they accrue.
11.3. Upon termination of this Agreement all rights granted to you and your
authorized users under this Agreement shall immediately cease and
terminate; and, you must destroy or return to PageData all copies of
software and documentation that you received from PageData.
11.4. Termination of this Agreement does not release you from the
obligation to pay all accrued charges under this Agreement.
11.5. PageData's right to enforce the provisions of Sections 3, 5, 6, 7, 8,
9, 11, 12, and 13 shall survive termination of this Agreement.
12. Notice.
12.1. You may change or cancel your PageData account by the following
methods only: written 30 day advance notice sent to PageData, LLC, 6610
Overland, Boise, ID 83709; or telephone calls directed to the billing
department (1-208-375-9844). All cancellations require a 30 day advance
notice. PageData will not issue refunds on any prepaid service. E-MAIL
CANCELLATIONS WILL NOT BE ACCEPTED.
12.2. PageData may provide notice to you by the following methods:
Electronic mail (email) addressed to your email account; general posting to
PageData's web site at http://www.PageData.com; or by US Mail or courier
service at the address you provided PageData when you registered for the
service. All notices or other communications to you shall be deemed
effective on the first (1st) calendar day following the date of electronic
mailing or posting or on the fourth (4th) calendar day following the date
of first-class mailing or deposit with a commercial courier service.
13. Limitation of Liability:
PageData shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from PageData's
servers going off-line or being unavailable for any reason whatsoever. All
damages shall be limited to the immediate termination of service.
· PageData shall be the sole arbiter of what is and is not a violation of
these acceptable use policies.
· PageData reserves the right to refuse, cancel, or suspend service at our
sole discretion.
14. Privacy:
14.1. We use your IP address to help diagnose problems with our server, and
to administer our Web site.
14.2. Our site uses an order form for customers to request information,
products, and services. We collect visitor's contact information (like
their email address) and financial information (like their account or
credit card numbers). Contact information from the order form is used to
generate accounts. The customer's contact information is also used to get
in touch with the customer when necessary. Financial information that is
collected is used to bill the user for products and services.
14.3. Registration: In order to register for our service(s), the user is
required to supply his or her Full Name, Company Name, Full Address, Phone
Number, E-mail address, and username.
14.4. Sharing of Information: PageData uses the above-described information
to contact our clients in regards to changes in our services. Information
that is collected is not shared with or sold to any third party.
14.5. This site does contain links to other sites. PageData is not
responsible for the privacy practices or the content of such Web sites.
15. Miscellaneous.
15.1. PageData's failure to enforce strict performance of any provision of
this Agreement shall not be construed as a waiver.
15.2. This Agreement shall be governed by and construed in accordance with
the laws of the State of Idaho, United States of America, without regard to
its conflicts of law provisions. You consent to the personal jurisdiction
of the federal and Idaho state courts having jurisdiction with respect to
all disputes arising out of this Agreement, your use of the Service or
otherwise between you and PageData. Any cause of action you 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.
15.3. Any action at law, suit in equity, or other judicial proceeding
concerning, relating to, arising from, or touching upon in any way, no
matter how remotely, the contract for services between you and PageData
and/or your use of and/or PageData's provision of systems and services
thereunder, shall be brought and litigated, if at all, only in the state
court system of the State of Idaho in Ada County. In such event, you
acknowledge the right of the specified court to assert personal
jurisdiction in any such action over you and waive and release now and
forever any defense to that assertion of jurisdiction that might otherwise
exist.
15.4. Neither this Agreement, nor any of your rights or obligations arising
there under, shall be transferable by you to any third party without
PageData's prior written consent.
15.5. This Agreement, the Rate Chart, the Acceptable Use Policy, and the
End-User License Agreement constitute the entire agreement between you and
PageData with respect to the Service.
15.6. PageData reserves the right to alter amend or modify this Agreement
at any time.
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