Terms of Use
iGlide.net Internet Access Service
Terms of Use Policy
Version 1.1
Release Date: 7/19/2010
CONTENTS
I. INTRODUCTION AND COVERAGE
II. COMPLIANCE
III. CONSEQUENCES OF NON-COMPLIANCE
IV. PROHIBITED USE
V. LEGAL
VI. BILLING, CANCELLATION AND REFUND POLICY
VII.COMPLAINTS AND CONTACT INFORMATION
I. INTRODUCTION AND COVERAGE
General
This Terms of Use Policy (this “Policy”) sets forth guidelines for acceptable use of the iGlide.net Internet Access Service (the “Service”). The Service is designed for residential users and you hereby warrant and represent that you are a residential user. All Users are required to comply with this Policy and agree to use the Network in accordance with this Policy.
As a User, you must also comply with all terms and conditions of applicable agreements, and with any additional policies that may be applicable to a specific service offered by iGlide.net .
Definitions
As used in this Policy, the following terms shall have the respective meanings set forth below:
“Account” means one paying subscription for one dial-up Internet access connection to the Service.
“Constant Connection Abuse” means using your dial up account to continually connect to the Internet for web/ftp/mail or other services.
“Excessive Use” means staying connected continuously while not in use or using more usage hours than one connection could utilize during any given month.
“Network” means the dial-up network utilized by us to provide the Service, and all systems, services, and products that utilize, or are utilized in connection with, such network.
“Network Services Supplier” means any of our Network and Internet connectivity service providers enabling the Service.
“Policy” shall have the meaning ascribed to it in the preamble.
“Service” shall have the meaning ascribed to it in the preamble of this Policy.
“User” shall mean any person subscribing to or using the Services, including, without limitation, you.
we “us” or “our” refers to iGlide.net, and any division, subsidiary, affiliate, or parent corporation thereof.
“you” or “yours” refers to the Person subscribing for or using the Service.
Conformance with Policies of Other Internet Service Providers (“ISPs”)
In situations where data communications are carried across networks of other ISPs, you must also conform to the applicable acceptable use policies of such other ISPs.
Questions, Comments, or Complaints
If you are unsure whether any contemplated use or action is permitted, please send us your questions or comments about the Service at: [email protected].
Any complaints regarding prohibited use or other abuse of the Service, including violations of this Policy, should be sent to us at: [email protected].
Revisions
We reserve the right to modify, alter or otherwise update this Policy from time to time without notice, and such modifications will be effective immediately upon posting. You agree to be bound by such terms as are in effect at the time that you access this website. In addition, you agree to review this Policy periodically to be aware of such modifications and your continued access will be deemed your conclusive acceptance of the modified Policy.
II. COMPLIANCE
General
All Users are required to comply with this Policy, all applicable laws and regulations and any procedures and/or requirements we otherwise publish. This Policy and your agreement hereto supersedes all previous representations, understanding, or agreements, written or oral, by or between you and us or any of our representative, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
Responsibilities
The Service provides an unfiltered connection to the Internet. No data, documents, materials, or information that enters the Network is reviewed before being transmitted to you. Accordingly, we neither control nor accept responsibility for the content of any communications that are transmitted or made available to you, regardless of whether such communications originated from other Users. In addition, we expressly disclaim any responsibility for the accuracy or quality of information provided by third parties that may be obtained through the Service’s use. All material or information obtained by any User through the Services is provided “As Is” without warranties of any kind. In no event will Monexa Solutions Inc. or MELALEUCA be liable for any damages, either direct or indirect, incidental, special or consequential, for use of or inability to use the service, of any kind, delay of or partial delivery, termination of rights or loss of profits, data, business or goodwill, or to provide any indemnification or any other remedy to any User. Your sole and exclusive remedy is to discontinue using and accessing the Service. To the extent that the jurisdiction that you are subject does not allow any part of such limitation, such part does not apply. We do not warrant that: (1) the Services will meet any of your requirements; (2) it will operate in combination with any software and/or services that you may select to use; (3) the operation of the Service will be uninterrupted or error free; (4) any errors will be corrected; and/or (5) the Service will meet any particular criteria of performance or quality.
You are responsible for complying with this Policy, and for providing reasonable assistance to DAPAC, LLC and or MELALEUCA in investigating and resolving issues, problems, and/or complaints arising out of the services provided to you. You agree to indemnify, defend and hold DAPAC, LLC and MELALEUCA, our agents, and employees harmless from and against any damages, judgments, expenses and other liabilities resulting from any final determination that the data, information and/or content stored, received or transmitted, now or in the future, from your account, infringes trademark, trade secret, copyright, patent or other third-party intellectual property rights and from any other damages, claims, suits or actions that may arise, now or in the future, as a result of your use of the Service. This indemnification shall survive any termination of use of the Service.
Configuration
All Users of the Service are responsible for configuring their own systems to provide the maximum possible accountability. For example, you should ensure that there are clear “path” lines in news headers so that the originator of a post may be identified. You should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly as possible. As another example, you should maintain logs of dynamically assigned IP (Internet Protocol) addresses. You are responsible for all phone company charges that you incur including any charges for calling long distance to one of the Service’s Points of Presence (“POP”). All POP telephone numbers should be confirmed as a local call before being committed to any system settings.
Inactivity and Length of Sessions
Constant Connection Abuse
We reserve the right to disconnect you after approximately 30 minutes of inactivity or after approximately 6 hours of continual use. These parameters may be changed at any time in our sole discretion. If you are disconnected because of Constant Connection Abuse, you will have to reconnect your account in order to resume Service.
Excessive Use
We reserve the right to suspend customers who engage in Excessive Use at any time. Excessive Use is caused by Long Connections and, or, Multiple logins. Using a personal account for high volume or commercial 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. 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. Pinging is expressly prohibited.
Reporting Violations
Service customers are responsible for immediately reporting to Monexa Solutions Inc. (via e-mail or phone) any network issue, which could compromise the stability, service or security of any Service use by our customers or Monexa Solutions Inc..
Content Responsibility
You understand that neither we nor our Network Services Suppliers is responsible for the content of the transmissions that may pass through the Network. You agree that you will NOT use the Network in ways that violate the laws, infringe the rights of others, or interfere with the Users, services, or equipment of other networks.
For example, you shall not distribute unsolicited advertising, chain letters, or commercial electronic mail); propagate computer worms or viruses; attempt to gain unauthorized entry to other computers, data or networks; distribute child pornography, obscenity, or defamatory material over the Internet; or infringe copyrights, trademarks, or other intellectual property rights.
III. CONSEQUENCES OF NON-COMPLIANCE
Violation of this Policy is strictly prohibited. In the event of any actual or potential violation, we reserve the right to suspend or terminate, either temporarily or permanently, without notice any or all Services, to block any abusive activity, or to take any other actions as deemed appropriate by Monexa Solutions Inc., in our sole discretion.
If you violate this Policy, you may incur criminal or civil liability. We may refer you to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.
You do hereby assume liability for, and agree to fully indemnify and hold Monexa Solutions Inc. and MELALEUCA, our agents, employees, officers, directors, successors and assigns harmless from and against all liabilities, damages, claims and expenses, including reasonable attorney’s fees, arising out of your use of the Service, including without limitation any liabilities, damages, claims and expenses arising out of the use of the Service in violation of applicable law. These indemnities and assumptions of liabilities and obligations shall survive the expiration or other termination of this Agreement.
IV. PROHIBITED USE
The examples of prohibited use set forth below and throughout this Policy are non-exclusive, and are provided as guidelines to you and other Users.
In the event of suspected, alleged, or actual illegal activity, we will notify and/or cooperate with applicable law enforcement authorities for potential civil or criminal investigation or prosecution. If we receive a request for assistance from a law enforcement authority in respect of suspected, alleged or actual illegal conduct, we reserves the right to notify or to cooperate with law enforcement authorities. You shall have no cause of action whatsoever for any such notification of, or cooperation with, law enforcement authorities.
A. Illegal Use
The Service may be used only for lawful purposes. The transmission, distribution, or storage of any information, data, or material in violation of any applicable law or regulation is prohibited. Without limitation of the foregoing, it is strictly prohibited to create, transmit, distribute, or store any information, data, or material which:
Infringes any copyright, trademark, trade secret, or other intellectual property right;
Is obscene or constitutes child pornography (All pornography is prohibited.);
Is libelous, defamatory, hateful, or constitutes an illegal threat or abuse;
Violates export control laws or regulations; or
Encourages conduct that would constitute a criminal offense or give rise to civil liability.
B. Abuse
The following general actions are considered “abuse” and are violations of this Policy and are strictly prohibited:
Any conduct which violates the accepted norms and expectations of the Internet community at large (whether or not detailed in this Policy). We reserve the right, in our sole discretion, to make a determination whether any particular conduct violates such norms and expectations.
Resale or redistribution of our services or products, includes without limitation the Service, unless expressly authorized in a separate written agreement with us.
Any conduct that restrict or inhibits any other customer, whether a User of the Service or a user of any other system or network, from using or enjoying any of our services or products, as determined by us in our sole discretion.
Impersonating another User or otherwise falsifying one’s User name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
Harassment, whether through language, frequency, or size of messages.
Creating, forwarding, posting, or distribution of chain messages of any type (also known as “pyramid” or “Ponzi” schemes).
Forging of message headers or a sender’s identity, or taking any similar action with the intent of bypassing restrictions or limits on access to a specific service or site (such as a moderated newsgroup or a site utilizing filters). This prohibition does not restrict the legitimate use of aliases or anonymous re-mailers.
Falsifying identity or contact information (whether given to us, to the InterNIC, or put in a message header) to circumvent this Policy. This prohibition does not restrict the legitimate use of aliases or anonymous re-mailers.
Furnishing Monexa Solutions Inc. with false or incorrect data on written or online applications, contracts, or other materials or information provided to the Service, including fraudulent use of credit card numbers or “bill to” telephone numbers.
Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods or document use of our products and services.
Creating and canceling accounts with the sole purpose of gaining financial advantage.
Using terminal hardware or software to maintain a continuous connection to the Internet namely for unattended automated operations or server connectivity applications, or continuously reconnecting to the Internet, even when you are not actively using this connection.
Using Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
Using one dial-up account for more than one connection at any given time.
C. Security
Violations of system or Network security are prohibited, and may result in criminal and civil liability. We will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected.
It is strictly prohibited to attempt to circumvent the authentication procedures or security of any host, network, network component, or account (i.e.“cracking”) to access data, accounts, or servers, which you are not expressly permitted or authorized to access. This prohibition applies whether or not the attempted intrusion is successful, and includes unauthorized probes or scans performed with the intent to gather information on possible security weaknesses or exploitable configurations.
You are responsible for educating yourself and configuring your system with at least basic security. Should systems at one or more of your sites be violated, you are responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the User is responsible for re-configuring the system to stop the abuse.
You are prohibited from interfering or attempting to interfere with service to any other User, host, or network on the Internet (“denial of service attacks”).
Examples of such prohibited activity include without limitation:
(a) sending massive quantities of data (i.e. “flooding” with ICMP, SMTP, or any other type of traffic that exceeds accepted norms of size and/or frequency) with the intent of filling circuits, overloading systems, and/or crashing hosts,
(b) attempting to attack or disable any user, host, or site, or
(c) using, distributing, or propagating any type of program, script, or command designed to interfere with the use, functionality, or connectivity of any Internet user, host, system or site (for example, by propagating messages, vial e-mail, Usenet posting, or otherwise, that contain computer worms, viruses, control characters or Trojan horses).
You are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.
You agree that your username and password and changes to both of these items are your responsibility
D. E-Mail
You are prohibited from engaging in improper use or distribution of electronic mail (“e-mail”) over the Internet. Without limitation of the foregoing, it is a violation of this Policy and you are strictly prohibited from engaging in any of the following activities:
Sending unsolicited bulk e-mail (“UBE”, or “spamming”). This includes, but is not limited to, the distribution of UBE for commercial, informational, advertising, political, or religious purposes.
Setting up “mailback” or “drop box” addresses in order to receive responses from UBE, either directly by the user or by a third party on behalf of the user.
Using a mail transport agent (MTA) outside of your own site to relay mail (unless you have received express permission to do so). Even if permission has been received, you are prohibited from forging identities to make it appear as though the e-mail sourced from the relay.
Sending UBE, or posting news, to advertise or promote resources whose connectivity depends in any way on the Service, regardless of whether such UBE or news posting is made using the Service. For example, using another ISP’s services to send UBE, which advertises a web page, hosted by or via the Service is prohibited.
Hiring or using any third party service for the purpose of distributing UBE or excessively “multi-posting” or “cross-posting” any Usenet posting in the name of a User. You will be held responsible for the actions of any third party agent that acts on your behalf or for your benefit, and shall be held directly accountable for any violations of this Policy by such third party agent.
You are strictly prohibited from sending out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming). Bulk e-mail is defined as identical or similar e-mail messages sent to 25 or more recipients. Spamming is defined as solicitation e-mail messages sent to recipients who have not specifically requested materials to be sent to them. Any violation of this policy may result in the immediate termination of your account, at our sole discretion. If you violate this spamming policy, you may be assessed the following fines and penalties, which you hereby agree to pay:
· First offense: $100.00 or possible termination of your account
· Second offense: $500.00 or possible termination of your account
· Third offense: $500.00 and automatic termination of your account.
Bulk e-mail may be sent only to recipients who have expressly requested receipt of such e-mail. Users that send solicited bulk e-mail are required to maintain records of all bulk e-mail subscription requests, and to provide us with such records upon our request, to enable us to investigate complaints from third parties. The sender of any solicited bulk e-mail shall, upon the request of a recipient, immediately remove such recipient from all applicable mailing lists and refrain from further transmissions of e-mail to such recipient.
Use of any auto-responder messages, mailing lists, or any other programs or scripts run by a User to handle or re-distribute e-mail is the User’s sole responsibility, and shall be operated in a reasonable manner. This responsibility includes, but is not limited to, maintaining up-to-date mailing lists to minimize mail bouncing and to facilitate the processing of removal requests, configuring auto-responders so that they do not create mail loops, and the prompt handling of any complaints regarding UBE redistributed through a mailing list onsite.
Monexa Solutions Inc. and MELALEUCA reserve the right to delete the email present in an account that has not been accessed for 60 days or longer.
E. USENET (also known as NETNEWS or NEWSGROUPS)
We recommend that you not post to any newsgroup until you have familiarized yourself with the subjects, established guidelines, and restrictions of such newsgroup. All Usenet guidelines and restrictions are incorporated herein by reference and you agree to unconditionally adhere to such guidelines.
Without limitation of the foregoing, it is a violation of the Policy and you are strictly prohibited from engaging in any of the following activities:
Making any posting for commercial purposes (including without limitation the pointing to specific URLs for commercial purposes), except where such postings are expressly permitted under the charter and/or Frequently Asked Questions (FAQ) of an applicable newsgroup. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. We reserve the right, in our sole discretion, to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by us. A violation of this policy will result in the immediate termination of your account.
Posting binary files to newsgroups whose charter or name does not include allowances for such files.
Posting via our news feed any solicitation for mail back to an e-mail address (including addresses of non-iGlide.net users) networks with the intentions of bypassing this Policy.
Canceling newsgroup postings other than your own, or using auto-responders or cancel-bots (or similar automated or manual routines), which generate excessive network traffic or disrupt Usenet newsgroup/e-mail use by others (except in cases of official newsgroup moderators performing their duties).
Engaging in “Excessive Cross-Posting” (ECP) or “Excessive Multi-Posting” (EMP) or “Usenet Spam” (no matter what the content might be) as defined by the Internet community and expressed in the news.admin.net-abuse.* newsgroups and FAQs.
Disrupting newsgroups with materials, postings, or activities that are (as determined by us in our sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, FAQ, or charter.
Using filtering messages (e.g. NoCeM) in an intrusive manner, or at other than your server level. Generally, filtering messages are considered normal Usenet traffic and are treated as such by us. Complaints regarding filter use or abuse should be directed either to the source generating them or the sites utilizing them.
Performing any unauthorized creation, cancellation, or removal of newsgroups.
The legitimacy of a given post or cancellation is determined by the official newsgroup or mailing list moderator. Therefore, we defer to their judgment on these issues. If no such official entity exists, it is within our sole discretion to determine whether any post or cancellation complies with this Policy and that newsgroup’s Internet community standards.
F. World Wide Web
The following are violations of this Policy and you are strictly prohibited from engaging in any of the following web-related activities:
The exploitation or attempted exploitation of any scripts presented on web pages (e.g., forms for answering questions or for entering data) is a violation of this Policy and you are prohibited from engaging in any of the following activities:
Excessive use of bandwidth by utilizing programs, scripts, or commands to abuse a web site (for example, by connecting for an excessive amount of time, repeatedly engaging site-local scripts, or related behavior).
“Walking” a database for the purpose of collecting data contained therein (whether or not this behavior requires that the reader of the page must knowingly ignore files such as “robot.txt” which is designed to guide cataloguing robots/programs).
Operating a robot on a site’s page after the site has asked that the behavior cease.
Configuring a web page to act maliciously against Users that visit that web page.
V. LEGAL
We reserve the right in our sole discretion to modify, supplement, delete, discontinue or remove the Service, software, file, publications, information, communication or other content appearing on or transmitted through the Service at any time.
You shall be responsible for all information use of all information accessed or transmitted by you, and hereby ratify and guaranty any obligations entered into or assumed by others who use the Service through your account. You expressly agree that use of the Service is at your sole risk. Neither we nor any of our information providers, licensors, suppliers, employees, agents, or ISPs that provide access to the Service:
(a) warrant that the Service will be uninterrupted or error free,
(b) make any warranty as to the results to be obtained from use of the Service,
(c) shall be liable for any direct, indirect, incidental, special, or consequential damages
arising out of the use of the Service or inability to use the Service or out of any breach of any warranty.
You agree not to upload, post or otherwise publish on or over the Service, and not to seek on or over the Service, any software, file, information, communication or other content:
a. which violates or infringes upon the rights of any other;
b. which, under the circumstances and in our good faith judgment, is, or is likely to be perceived by an intended recipient or target as, defamatory, misleading, abusive, profane, pornographic, offensive or inappropriate;
c. which is unsuitable for minors (persons under 18 years of age);
d. which constitutes a threat to, harassment of, or stalking of another; which adversely affects the performance or availability of the Service or iGlide.net;
e. which contains any virus, worm, cancelbot, harmful component or corrupted data; or
f. which, without the approval of iGlide.net, contains any advertising, promotion or solicitation of goods or services for commercial purposes.
You acknowledge that Monexa Solutions Inc. will not be required to edit or review for accuracy or appropriateness any content within the Service.
Monexa Solutions Inc. reserves all copyrights and other rights in and to any content available through the Service that is identified as, claimed by Monexa Solutions Inc. as, or known by User to be, proprietary to Monexa Solutions Inc. (or its licensers or suppliers). The content on the Service is protected under applicable copyright law, including as a collective work.
This Policy is made in the State of California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California. Any cause of action you or your designated Users may have regarding the Service must be instituted within one year after the claim or cause of action has arisen or is barred.
You agree to protect and indemnify Monexa Solutions Inc. and MELALEUCA against any and all liability, loss or expense arising from any breach by you of any agreement related to the Services, claims of libel, unfair competition, infringement of trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by us.
Any Internet activity, which references back to Monexa Solutions Inc. or our services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing us or an account or services provided by us will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
Use of our services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use the Services, including but not limited to access to the Internet, and continues until the Service are terminated by either party. If either party terminates this Agreement, you are still responsible for any charges on your account.
We do not offer a forwarding service for email or websites if you choose to terminate your account. For this reason, it is recommended that you continue your Account for as long as necessary for forwarding purposes.
We bill for most services in advance. You agree to be bound by the California Uniform Consumer Credit Code. A service charge of 1-1/2% per month will be charged on all past due amounts. If your Account is referred to collection, you agree to pay any collection costs incurred including reasonable attorney’s fees, filing fees and court costs.
We reserve the right to take whatever actions we deem appropriate to enforce these policies. We also reserve the right to change these policies without prior notice at any time. Our actions may include Account suspension or termination. We do not issue any credits for Accounts cancelled due to policy violations. We reserve the right to refuse service to anyone at anytime for any reason.
In addition to any other fees that may be assessed by us, as provided herein, you shall be held liable for any and all costs incurred by us as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorneys’ fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Our current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. These rates are subject to change at any time without notification.
The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. We reserve the right to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by us. A violation of this policy will result in the immediate termination of your Account.
The modems utilized by us to provide the Services are engineered for speeds up to 56k flex connectivity. However, we cannot and do not guarantee a 56k connection if telephone company facilities or your modem are unable to support this connection speed.
You understand that the services provided by us may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. we shall not be liable for any delay in or failure to perform the Services caused by circumstances beyond our control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of Service.
All credit cards will be charged automatically for each billing period. You have a right to dispute a credit card charge levied by us. If the charges are removed by us and then reinstated because the charges were determined to have in fact been valid, then you may be charged a $40.00 service fee. Abuse of your credit card privileges may result in the suspension of or the disabling of your Account.
You agree to indemnify and hold us and/or our employees and directors, information providers, licensers, suppliers, agents, and ISPs harmless against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of your Account. This includes, without limitation, responsibility for all such consequences of your (or that of any user of User’s account) violation of this Policy.
This Policy is for our benefit and/or that of our employees and directors, information providers, licensers, suppliers, agents, and ISPs; and each shall have the right to assert and enforce such provisions directly on its own behalf.
Additional Terms and Conditions
Your use of the Service is subject to the terms and conditions of any agreements entered into by you with us. This Policy is incorporated into such agreements by reference.
Limitation of Liability
You agree to use all Services at your own risk. All Services are provided “As Is” and without representation or warranty of any kind. Monexa Solutions Inc. and MELALEUCA specifically disclaim all warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Monexa Solutions Inc. or MELALEUCA be liable for any loss, loss of data, or other damage, including but not limited to special, incidental, consequential or other damages even if advised of the possibility of such damages. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all Services interruptions caused by Monexa Solutions Inc., our Representatives or your errors or omissions. To the fullest extent permitted by law, you waive and release all claims and causes of action accrued at any time and whether known on unknown, against Monexa Solutions Inc., MELALEUCA, and their shareholders, directors, officers, employees, agents, representatives, subcontractors, network service suppliers, successors and assigns (our “Representatives”) For any and all loss and damage caused in whole or part by Monexa Solutions Inc. or MELALEUCA or our Representatives and/or your use of the Services. If this waiver and release is not given full effect, then our total amount of any liability , including all attorney’s fees and costs, shall not exceed the total fees actually paid by you for the Services (excluding amounts paid for other goods or services provided by us or our Representatives and affiliates) for the one month preceding our receipt of written notice of your claim, even if we were previously advised of the possibility of such damages.
Monexa Solutions Inc. does not warrant that the Network will be available on a specified date or time or that the Network will have the capacity to meet your demands during specific hours. You may be unable to access the Network at any time, and disconnection from the Network may occur from time to time. Neither Monexa Solutions Inc., MELALEUCA, nor our Network Services Suppliers nor any of our Representatives will be liable for unauthorized access to our or your transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of our negligence or that of or our Network Services Suppliers.
You agree to protect and indemnify Monexa Solutions Inc. and MELALEUCA against any and all liability, loss or expense arising from claims of libel, unfair competition, trademark infringement, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by Monexa Solutions Inc..
Rights Not Exclusive
All rights and remedies, as set forth herein, are not intended to be exclusive, and Monexa Solutions Inc. and, or MELALEUCA may exercise any other rights or remedies available at law or equity.
Assignment
Neither this agreement nor any rights hereunder may be assigned by you without our prior written consent. Any attempted assignment in violation of the immediately preceding sentence shall be void. We may freely assign this agreement or any rights hereunder.
Severability
If any provision of this agreement is determined to be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable the remainder of this agreement, but rather the entire agreement will be construed as if not containing the particular invalid or unenforceable provision, and the rights and obligations of the parties to this agreement will be construed and enforced accordingly.
Waiver
The waiver by either party of a breach of any provision of this agreement by the other shall not operate or be construed as a waiver of any subsequent breach by such other party.
Governing Law; Venue
This Policy shall be governed by and construed in accordance with the substantive laws of the State of California as if this agreement were executed in, and fully performed within, the State of California. Venue for any litigation or arbitration between the parties shall be exclusively in California, unless otherwise agreed by us in writing.
VI. BILLING, CANCELLATION AND REFUND POLICY
Monexa Solutions Inc. must receive payment for the first month’s Service on or before the date of commencement of the Service. Thereafter, Monexa Solutions Inc. requires payment at least 10 days in advance of the provision of Services and will bill the credit card account you have placed on file with Monexa Solutions Inc. for such Services. In the event Monexa Solutions Inc. is unable to collect payment for Services from such credit card account, you hereby authorize Monexa Solutions Inc. to collect payment for Services and other charges from the credit card or checking account that you have on file with MELALEUCA. Purchasers of Monexa Solutions Inc.’s services agree to be bound by the Uniform Consumer Credit Code of the State of California. A service charge of 1 ½% per month will be charged on all past due amounts. If your account is referred to collection, purchaser agrees to pay any collection costs incurred including reasonable attorney’s fees, filing fees and court costs.
Accounts will be billed thirty (30) days in advance. Cancellations will require a thirty (30) day cancellation notice and must be sent in writing to iGlide.net, PO Box 12026, 1100-555 West Hastings Street, Vancouver, BC, V6B 4N4 or faxed to 604.525.4243. All cancellation requests must include first and last name, Melaleuca I.D. number or telephone number, and the subscribers signature. There will be no partial month refunds.
In addition to the monthly charges, you will be responsible for any applicable sales, use, value added or similar taxes, fees and charges that are imposed upon the Service. Such amounts will be payable by you without discount or set off. All amounts will be due and payable within thirty (30) days following the date of invoice.
We reserve the right to increase, decrease or otherwise modify the prices under which we offer the Service upon thirty (30) days’ notice to you.
iGlide.net customers who are also MELALEUCA Preferred Customers may receive a referral credit (in the amount of the then current MELALEUCA Preferred Customer charge for one month’s Internet Service) for each new customer that they refer to iGlide.net and who signs up for Service. The referral credit is equal to the lesser of the base service the referred customer signed up for, or the base service of your own monthly service. In other words, if a customer is on the standard dial up plan at $13.95 and referred a new customer and they also sign up for the standard dial-up plan at $13.95, then they will earn a $13.95 referral credit. Conversely, if you are a Bring Your Own Internet Service customer at $4.95 and referred a customer that signed up for the $13.95 standard dial up plan, you will receive $4.95 referral credit. New iGlide.net customers who are also MELALEUCA Preferred Customers may immediately begin referring other potential customers to iGlide.net. In order to qualify for referral credits, the referring customer must be identified as the referrer on the new iGlide.net customer’s application for Services. Any MELALEUCA Preferred Customer who is also an iGlide.net customer may refer any other Preferred Customer to iGlide.net and receive the referral credit when they sign up for iGlide.net Service. Referral credits will accrue to the referring customer in the second consecutive month of Service to the referred customer. Credits can only be applied to the payment of the referrer’s Internet Services and are not transferable or otherwise redeemable. If you cancel your MELALEUCA Preferred Customer Agreement or otherwise become inactive, any accumulated credits that remain unused at the time shall be forfeited. The referee must maintain and pay (either with cash or credits) for Services for at least six consecutive months before the referral credit is deemed fully earned by the referrer. Since the credit may be applied in advance of the conclusion of the sixth month period, if the new subscriber discontinues service prior to six months, the referrer will be charged for the month of Service for which the credit was applied.
VII. COMPLAINTS AND CONTACT INFORMATION
Any complaints regarding prohibited use of other abuse of the Service, including violations of this Acceptable Use Policy, should be sent via e-mail to iGlide.net at: [email protected].
Please include all applicable information that will assist us in investigating the complaint including all applicable header lines of forwarded messages.
Sites experiencing live attacks from the Service customers should call into our Customer Care Center (toll free telephone 1-888-395-6392) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention.
If you are unsure whether any contemplated use or action is permitted, please send questions or comments to iGlide.net at: [email protected].
For further information about this Policy, please contact iGlide.net, at:
iGlide.net
http://www.iGlide.net
