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I. Subscription Requirements
Coverage may not be available in all areas. Current prices for iehouse Wireless' services are posted on our web site at www.iehouse.net.
II. General Terms and Policies.
iehouse is a privately owned company providing wireless, high-speed Internet access. iehouse equipment and facilities may be used by our subscribers to send electronic mail, conduct commercial transactions, access the World Wide Web, newsgroups and private networks, engage in on-line chat sessions, transfer files, enjoy audio and video programming, and otherwise participate in all legal aspects of the Internet (these uses are referred to in this document as "the Service"), subject to these Terms and Policies.
The Service is provided only to authorized persons (referred
to in this document as "Subscriber" or "you") and defined as
you and individuals living in your household. Any use of the
service is subject to any restrictions listed below. By using
the Service, you agree to be bound by all of these Terms and
Policies. iehouse grants you a non-exclusive right to access,
use and display the Service on any computers or other electronic
display devices of which you are a primary user. You may not
assign, sub-license or transfer any rights or obligations of
the Service without the express written consent of IEHOUSE INC.
III. Coverage.
If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. iehouse will treat a violation of these Terms and Policies by anyone using your account as a violation.
IV. Pricing and Charges.
Current prices for iehouse Services are posted on our Web site at www.iehouse.net. We reserve the right to change our prices.
Payment is due on a monthly basis and covers the Service for
the current month. At the beginning, you, the subscriber, by
the use of the service in any subsequent month after the execution
of this original Agreement, indicate your acceptance of the
then current terms and pricing for the Service. Your continued
use of the Service will constitute an "electronic signature"
as envisioned by the appropriate law. Thus, you become bound
and responsible for that subsequent use of the Service under
the then current terms and pricing. IEHOUSE INC. accepts personal
checks or credit/debit card payment. IEHOUSE INC. is not responsible
for any charges or expenses (e.g., for overdrawn accounts, exceeding
credit card limits, etc.) resulting from charges billed by IEHOUSE
INC. Delinquent accounts may be suspended or canceled at iehouse's
sole discretion; however, charges will continue to accrue until
the account is canceled and collection fees, late charges, or
other similar fees may be added. iehouse may bill an additional
charge to reinstate a suspended account. Termination does not
remove your responsibility to pay all fees incurred up to the
termination date.
Term. The Service is provided to you on a month-to-month basis. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account. IEHOUSE INC. must receive written notice of termination (which may be by first-class mail or by e-mail) from you at least 7 days prior to end of your monthly billing period and all equipment belonging to iehouse must be returned in working order, or the Service will be provided and charged to you for the following month. Termination at any point during a billing period does not entitle you to a refund of any part for that billing period.
V. Grounds for Suspension and Termination.
You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either of these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for IEHOUSE INC. to suspend or terminate your account. Without prior notice, IEHOUSE INC. may terminate this Agreement, your account, or your use of the Services if iehouse, in its sole discretion, believes you have violated this Agreement or any of the applicable Customer policies, or if you fail to pay any charges when due. IEHOUSE INC. may provide termination notice to you by: email addressed to your email account of record or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections of this Agreement relating to (1) your payment obligations, (2) your account, and security, (3) disclaimer of warranties, limitation of liability, and (3) jurisdiction, shall survive termination of this Agreement. No credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, IEHOUSE INC. may at its sole discretion retain any or all amounts you have paid for use of the Service.
Security. You agree not to access or attempt to access private areas of the Service. You agree to notify iehouse as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service. If iehouse is notified by a third party of a breach of security relating to your use of the Services, IEHOUSE INC. will send you a copy of that notification. In the event that IEHOUSE INC. receives notice from a third party that in your use of the Services it is believed that you have violated any copyright, privacy, obscenity, Intellectual property or any other particular law, IEHOUSE INC. will give you prompt notice and remove all offending material and uses from the Service. If you notify IEHOUSE INC. of appropriate court action to dispute the alleged infringement, the challenged material will then be restored or otherwise made accessible again. If you believe someone has violated any copyright or Intellectual property rights you may have to use of the Services and material disseminated by the use of the Services, it is your obligation to notify IEHOUSE INC. immediately. IEHOUSE INC. will process all notices of alleged infringement and will take appropriate action as required by applicable intellectual property laws.
VI. Reconnection Fees.
In the event that an account is past due or a violation of the AUP, resulting in a suspension of service IEHOUSE INC. will impose a $25.00 reconnection fee.
VII. Liability.
YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. Except for information, products, or services clearly identified as being supplied by iehouse Inc, neither IEHOUSE INC. nor any of its affiliate's controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. IEHOUSE INC. neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that IEHOUSE INC. is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You agree to indemnify and hold harmless IEHOUSE INC. and its officers, directors, employees, and other customers and subscribers from any claims, losses, costs, liability, damages, or expenses including attorneys fees arising out of the use of the Service (to also include relay/bridges and sites). You understand and agree that you have sole responsibility for your posting of any information or material to any median on the Internet. You agree to indemnify and hold harmless IEHOUSE INC. and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses including attorney's fees arising out of your postings. You agree that, should you use the Service to send or receive voice or video communications, IEHOUSE INC. is not acting as a telecommunications carrier or telephone company, that there is no representation made by IEHOUSE INC. as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely yours, and that IEHOUSE INC. has no liability of any sort for the failure or lack of quality of such use of the Service. You agree to be responsible and indemnify IEHOUSE INC. for any damages or loss of service that results in damages to IEHOUSE INC. as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements, legal expenses, attorneys fees and the like.
VIII. Reach-ability of third party Sites, Links, and Networks.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IEHOUSE INC. has no control over such sites and resources, you acknowledge and agree that IEHOUSE INC. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IEHOUSE INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
IX. Disclaimer of Warranties and Limitation of Liability.
IEHOUSE INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD IEHOUSE INC. ABOUT YOUR INTENDED USE OF THE SERVICE. THE SERVICE PROVIDED TO YOU BY IEHOUSE INC. ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; IEHOUSE INC. DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. IEHOUSE INC. DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA, WHICH MAY BE STORED ON OR TRANSMITTED VIA THE SERVICE, NOR DOES IEHOUSE INC. GUARANTEE THE SAFETY OR SECURITY OF YOUR COMPUTER, ITS DATA, OR ITS CONNECTIONS TO IEHOUSE INC. OR ANY OTHER NETWORK.
Except for certain products and services specifically identified as being offered by iehouse Inc, IEHOUSE INC. does not control any material, information, products, or services on the Internet. The Internet contains unedited material, some of which is sexually explicit or may be offensive to you. IEHOUSE INC. has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products and other information, and the quality and merchantability of all merchandise provided through the service and/or the Internet.
The services and the licensed programs are provided on an "AS IS" and "AS AVAILABLE" basis. IEHOUSE INC. does not warrant that either the services will be uninterrupted, error-free, or free of viruses or other harmful components. IEHOUSE INC. makes no express warranties and customer waives all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise information or service provided through IEHOUSE INC. to the Internet generally. Customer expressly acknowledges that there are security, privacy and confidentially risks inherent in wireless communications and technology. Nor does IEHOUSE INC. guarantee the safety or security of your computer, its data, or its connections to IEHOUSE INC. or any other network. IEHOUSE INC. does not make any assurances or warranties relating to such risks. No advice or information given by IEHOUSE INC. or its representatives shall create a warranty. IEHOUSE INC. and its employees are not liable for any costs or damages arising directly or indirectly from your use of the services, the licensed programs, or the Internet including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages. Dial-up Connection. IEHOUSE INC. does not provide any dial-up connectivity in association with the Service.
X. Acceptable Usage Policy.
All Customers of the Services and users of this Web site and/or the Software agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject IEHOUSE INC. to liability or may violate this AUP. IEHOUSE INC. may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or IEHOUSE INC. account or other actions as detailed below.
The following constitute some but not all examples of violations of this AUP. You agree to not use the Services to:
(1) NO UNLAWFUL ACTS, transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; harm, or attempt to harm, minors in any way; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
(2) NO INFRINGEMENT and, transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements); transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
(3) NO INTERFERENCE, interference with or disrupting the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; conduct high volume or potentially high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other service that might interfere with another customer. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges. We reserve the right to lower your throughput temporarily, filter your connection, or to immediately discontinue your service to enforce any violation of interference with another customer's service or IEHOUSE INC.' infrastructure. We have an active monitoring system so that all customers have fair access to IEHOUSE INC.' service and network. IEHOUSE INC. also reserves the right to place monthly caps on bandwidth if necessary for bandwidth abusers.(4) NO UNSOLICITED CONTACT, transmit (by uploading, posting, email, instant message or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
(4) NO RESELL, resell the Services without IEHOUSE INC.'
written authorization; the subscriber may not accept any type
of reimbursement, compensation, nor favor for providing network
or internet connectivity using IEHOUSE INC.' connection.
XI. General Practices Regarding Use and Storage.
You acknowledge that IEHOUSE INC. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on IEHOUSE INC.' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that IEHOUSE INC. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that IEHOUSE INC. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that IEHOUSE INC. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
XII. Governing Law.
These Terms and Policies are governed in all respects under the laws of the State of Maryland.
XIII. Amendments.
These Terms and Policies may be amended in any respect at any time by IEHOUSE INC. upon the posting of the amended Terms and Policies on the "Terms and Policies" section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to:
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