| Terms & Conditions
Afterburners.net Terms of Service
Note: All users are bound by this terms of service.
Afterburners.net. ("Afterburners.net") 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.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
Afterburners.net exercises no control whatsoever over the
content of the information passing through Afterburners.net'S
system. Use of any information obtained via Afterburners.net is
at User's risk. Neither Afterburners.net 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 Afterburners.net make any warranty as to
the results from use of the Service.
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 Afterburners.net, ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY. NEITHER Afterburners.net 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 COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Afterburners.net, 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 Afterburners.net IS FOUND LIABLE UNDER ANY CIRCUMSTANCE
UNDER THE TERMS OF THIS AGREEMENT, Afterburners.net'S LIABILITY
SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION
PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of
Afterburners.net in operating the Service, User's sole and
exclusive remedy is to discontinue using the Service. All annual
account cancellations after the 30 days will be subject to a
$50.00 cancellation fee.
Indemnification
Notwithstanding anything to the contrary herein contained, User
agrees to indemnify and hold Afterburners.net, 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 Afterburners.net,
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 Afterburners.net 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 Afterburners.net
shall confer as to and agree on the legal counsel(s) to be
selected in any such defense.
Age Limit
User represents to Afterburners.net 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. Afterburners.net
has no control over and accepts no responsibility whatsoever for
such materials.
Prohibited Uses
User may not:
restrict or inhibit any other user from
using and enjoying the Internet;
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 regulations;
********* WARNING SPAMMERS *********** Your
credit card will be charged $100.00 for EACH reported spam
incident. We are a family service and are dedicated to keeping
the Internet family friendly. We will pursue every legal option
available to help prosecute all illegal activity on this service
including spam. All unsolicited commercial bulk email is
considered spam.
post on webspace provided any sexually
explicit materials or materials that may be offensive.
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 SERVICES"); or
violate any of the rules, regulations and
policies of those networks and computer systems accessed via
User's account.
Afterburners.net has no obligation to monitor the Service.
However, User agrees that Afterburners.net 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.
Afterburners.net will not intentionally monitor or disclose any
private E-mail message unless required by law. Afterburners.net
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. Afterburners.net 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 Afterburners.net following payment of a
reconnection charge, to be determined by Afterburners.net in its
sole and absolute discretion.
Messaging
User agrees to limit their use of the Afterburners.net service,
specifically regarding the use of Afterburners.net's electronic
(email) services, to the following restrictions:
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.
Fraudulent Addressing 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 Afterburners.net service.
Fraudulent Content
User agrees to be held responsible for the distribution of
fraudulent materials.
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. Afterburners.net RESERVES THE RIGHT TO CHARGE USER'S
CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Afterburners.net
SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS.
IN THE EVENT USER PRE-PAYS FOR THEIR Afterburners.net SERVICE
VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD,
Afterburners.net 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
Afterburners.net SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although Afterburners.net advertises "Unlimited Bandwidth" in
regards to some of its services there are several limitations
applied. The sole purpose of these limitations are intended of
unncessary use of Afterburners.net services by any such User,
which restricts system availability for other such Users. These
limitations apply only to Hosting offered by Afterburners.net.
Restricted Content
You agree not to post any of the following restricted contents:
Illegal, Abusive or Unethical Activities include, but are not
limited to, pornography, obscenity, nudity, violations of
privacy, hacking, computer virus, gambling, or promotion of
gambling, and any harassing or harmful materials or uses, as
determined by us. You agree to indemnify and hold us harmless
from any claim resulting from your publications or use of
Illegal, Abusive or Unethical materials. Bandwidth Restrictions
Although we advertise unlimited bandwidth, we reserve the right
to inform you that you must transfer your website if an
excessive amount of bandwidth is being used. If the request is
not met within 5 days, we do reserve the right to remove the
website from our system.
Limitation of Dial-Up Services
Although Afterburners.net 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
Afterburners.net services by any such User, which restricts
overall Afterburners.net system availability for other such
Users. These limitations apply only to Dial-Up access services
offered by Afterburners.net.
Idle Timeout
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 Afterburners.net service.
Maximum Single Session
User agrees to have an online session automatically terminated
after five (5) 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 Afterburners.net
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.
Dedicated Usage
Users that are connected more than 5 hours per day are
considered dedicated. This service is not intended for dedicated
use, and users who are dedicated may be subject to cancellation
and termination without notice. There will be NO refunds given
under any circumstances.
Terms of Payment
A credit card User agrees to allow "Afterburners.net" 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 Afterburners.net of any changes in credit
card number or expiration date. If the card is not honored for
any reason, Afterburners.net will attempt to notify the card
holder by using the telephone information given at sign-up or by
E-mail. Afterburners.net will call the card holder, and if
alternative billing has not been established, the account will
be terminated. Restoring the account will be subject to a setup
fee of $10.00.
If payment is by check or credit card, payment due dates are
indicated on User's invoice. Dishonored checks are subject to a
collection fee to be determined by Afterburners.net in its sole
and absolute discretion and User's account may be suspended
until the account is current. If payment is not received ,
service will be terminated and a setup fee of $10.00 will be
added to charges for additional Service.
Afterburners.net maintains the right to terminate Service for
any unpaid subscriptions. Accounts in default are subject to an
interest charge of 2.5% per month on the outstanding balance.
Termination of Service shall not relieve User from the
obligation to satisfy outstanding invoices. In the event
Afterburners.net utilizes an attorney to collect any unpaid
amounts, User shall be responsible for the payment of all of
Afterburners.net'S attorneys' fees and costs in the collection
of these sums.
Afterburners.net 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
Afterburners.net reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is non-refundable.
Afterburners.net will not refund any shipping or handling fees.
Cancellations after the first of the month will be charged for
that month.
User must notify Afterburners.net via telephone or in writing to
cancel Service. Cancellations shall not be honored by electronic
mail. Fees for any setup, shipping and handling, and monthly
service charges placed by Afterburners.net are non-refundable.
No Confidentiality
Information transmitted through Afterburners.net and through the
Internet in general is not confidential. Afterburners.net can
not and shall not guarantee privacy or protection of any User.
Afterburners.net reserves the right to monitor any User's
transmissions when deemed necessary for providing proper service
and/or to protect the rights and property of Afterburners.net.
Customer Information
Unless required by court order, subpoena or other legal request,
or upon the advice of counsel, "Afterburners.net" 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 "Afterburners.net" to the
contrary as provided above, "Afterburners.net" 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.
Non-transferable
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
If 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.
No System Backup
Afterburners.net does not and will not perform system backups on
any User's E-mail account(s). Afterburners.net 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. Except as otherwise set forth herein,
Afterburners.net will not provide historical data, to any party
for any reason, regarding any system or Internet activity.
Afterburners.net does not and will not perform system backups on
any web sites. Afterburners.net shall not be held responsible
for any lost web data, web files, or any website contents,
regardless of the reasoning for data loss or system causes.
Except as otherwise set forth herein, Afterburners.net will not
provide historical data, to any party for any reason, regarding
any system or Internet activity.
Failure to Comply With Terms and Conditions
Afterburners.net may deny User access to all or part of the
Service without notice if User engages in any conduct or
activities that Afterburners.net in its sole discretion believes
violates any of the terms and conditions in this Agreement. If
Afterburners.net denies User access to the Service because of
such a violation, User shall not have the right (1) to access
through Afterburners.net 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
Afterburners.net, and Afterburners.net 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.
Miscellaneous
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 Afterburners.net's system for periods
exceeding (5) five hours, in any single continuous session. User
authorizes Afterburners.net to enforce these restrictions by
appropriate software and network measures, automated and manual.
User agrees to notify Afterburners.net 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 Afterburners.net.
In 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.
Afterburners.net'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.
Afterburners.net may modify this Agreement from time to time by
placing a notice of such modification on our website, 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.
Afterburners.net 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
Afterburners.net.
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 Afterburners.net as the
defendant, shall be proper only in a venue determined by
Afterburners.net.
In any action between Afterburners.net and User to enforce any
of the terms of this Agreement, Afterburners.net shall be
entitled to recover expenses, including reasonable attorney's
fees.
This Agreement constitutes the entire agreement between User and
Afterburners.net with respect to the Service.
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