General
Information
inoyfb.com provides e-mail services
to its subscribers through its system including dial-up access to the Internet,
web mail and listservs. inoyfb.com has certain legal and ethical
responsibilities regarding the use of its computer network and equipment
involved in these services. inoyfb.com does not and cannot control the content,
quality or accuracy of information available through its system or over the
Internet in general. These Terms of Service set forth the basic rules which
apply to inoyfb.com's services and use of its system and or systems. inoyfb.com
may change these Terms of Service in the future upon notice published on-line
or otherwise provided by inoyfb.com. BY USING inoyfb.com's SERVICES AND SYSTEM
AND OR SYSTEMS, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY
THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM inoyfb.com
FROM TIME TO TIME. If the Terms of Service, inoyfb.com's services, system or
pricing is or becomes unacceptable to a subscriber, the subscriber's only right
shall be to terminate its account in accordance with the Section labeled
"Suspension & Cancellation".
inoyfb.com's general policy is to
act as a neutral provider of Internet e-mail services. inoyfb.com has specific
ethical concerns regarding the use of its computers detailed below. inoyfb.com
reserves the right to suspend or cancel a customer's access to any or all
services provided by inoyfb.com when inoyfb.com decides, in its sole
discretion, that the account has been inappropriately used.
Lawful Use of Service
inoyfb.com's system and services
may only be used for lawful purposes and in a manner in which inoyfb.com
believes, in its sole discretion, to be consistent with the rights of other
inoyfb.com subscribers and third parties. inoyfb.com's services and system may
only be used for lawful purposes and consistent with all rights of other
parties. Without limiting the foregoing, inoyfb.com's services and system shall
not be used in a manner which would violate any law or infringe any copyright,
trademark, trade secret, right of publicity, privacy right or any other right
of any person or entity or for the purpose of transmitting or storing of
material which is obscene, libelous or defamatory. Use and access to other
networks through inoyfb.com's system must comply with the rules for such other
networks.
Determination of a violation will
be made at the sole discretion of inoyfb.com, and inoyfb.com, in its sole
discretion, will determine what action will be taken in response to a violation
on a case-by-case basis. inoyfb.com reserves the right to release the usernames
of customers involved in violations of the foregoing to system administrators
at other providers, in order to assist them in resolving disruptions and
security incidents, and to valid law enforcement authorities investigating
illegal activities.
Subscriber agrees to reimburse
inoyfb.com for all legal costs, personnel costs and processing costs associated
with assisting law enforcement in the investigation of illegal activities.
Modifications to Service
The services provided by
inoyfb.com and inoyfb.com's system are expected to change from time to time.
inoyfb.com reserves the right to change any service offered or the features of
any service offered or its system without notice, including changes to access
and use procedures, such as idle disconnections, and system hardware and
software.
Payment Terms
A subscriber must pay fees per
inoyfb.com's rate schedule in effect from time to time as a condition to
obtaining access to inoyfb.com's services and system. A subscriber must also
pay any sales, use or like taxes. If the payment method is by credit or debit
card and payment is not received by inoyfb.com from the card issuer or its
agents, the subscriber agrees to pay all amounts due upon demand by inoyfb.com.
Rate changes will be effective when published on-line or otherwise provided to
subscribers. All inoyfb.com service charges are due in advance of the service.
Payments not received on the due date are considered delinquent and are subject
to immediate suspension. Payments not made within 30 days of original billing
date are subject to immediate termination without notice. Monthly charges will
not be pro-rated.
To re-activate a suspended
account, a subscriber must call inoyfb.com to make acceptable arrangements for
payment.
A "month" is not a
calendar month, but is based on the subscriber's billing date (i.e. the day of
the month the subscriber signed up on) and extends until the same day of the
following month. A month is considered "paid for" if any day of that
monthly billing period has already passed.
For
example: Customer signs up on July 14th. Their billing month is from July 14th
- August 14th. If paid for 6 months and it is now August 16th, customer can
only receive a refund for the Sept - Jan portion of their prepayment (5
months).
A subscriber's account is billed
based on its existence on our system. Accounts are not billed based on a
subscriber's usage.
Refund Policy
If an account is cancelled within 14
days of the initial sign-up date, the customer is entitled to a refund of some
or all of the amount charged, less a $20.00 service charge for setup
processing.
If you previously had an account
with inoyfb.com, the trial period does not apply. No refunds will be issued for
cancellations in the first 14 days.
In Accordance With The Federal
Consumer Protection Law Covering Credit Card Transactions, inoyfb.com Will No
Longer Discuss Credit Card Billing Issues On Charges That Exceed The Billing
Dispute Date (60 Days After The Charge Is First Shown On Their Credit Card
Statement). The Customer Has A Responsibility To Look At Their Statements, And
To Respond To Any Billing Questions In A Timely Manner.
Suspension & Cancellation
Upon notification of a subscriber's
intention to cancel service with inoyfb.com, the subscriber's account will
remain active on our system until the end of the subscriber's billing period.
Cancellations can only be accepted via the telephone to the following telephone
number: (508) 699-6560. We cannot and will not accept cancellation requests
submitted by fax or electronic mail.
Accounts terminated for
non-payment will be re-activated only upon the receipt of the full amount past
due and a written request to re-instate the account.
Please note that inoyfb.com may
take up to six days to re-activate any account that was terminated due to
non-payment.
Please note, inoyfb.com reserves
the right to cancel any account at any time.
Telephone Service Usage
Subscriber is responsible for
verifying that any local access number provided by inoyfb.com is within
subscriber's telephone calling plan. Subscriber agrees not to hold inoyfb.com
or any of its officers, agents or employees liable for any telephone charges
incurred during the process of connecting to inoyfb.com's system.
Software
As a courtesy to its subscribers,
inoyfb.com has accumulated a library of software which is "shareware"
or "freeware". inoyfb.com is not the author of or otherwise
responsible for any of such software or engaged in the sale or licensing of
such software. inoyfb.com MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS.
inoyfb.com ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR
ANY DAMAGES RESULTING FROM THE USE THEREOF. SUBSCRIBER AND ANY OTHER USER
ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT
inoyfb.com MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL
ASSERT ANY CLAIM AGAINST inoyfb.com WITH RESPECT TO ANY SOFTWARE OBTAINED
THROUGH inoyfb.com.
Subscriber acknowledges that the
software provided by inoyfb.com is not necessary to establish a connection to
the Internet and is merely provided as a convenience for our subscribers.
Acceptable Use
inoyfb.com recognizes three areas
of use: what a inoyfb.com customer does with his or her own computer equipment;
what a inoyfb.com customer does with his or her inoyfb.com account; and what a
customer does with his or her privileges on inoyfb.com computer equipment (mail
server, etc.)
inoyfb.com has no authority or
desire to determine how someone use his or her own computer equipment.
inoyfb.com has some responsibility for how someone uses his or her inoyfb.com
account, and significant responsibility for how someone uses inoyfb.com's
computers.
Please note, inoyfb.com reserves
the right to cancel any account at any time.
1.
Connectivity
Each
subscriber account that purchases an additional dialup account is limited to
one single dial-up connection at any one time. It is the responsibility of the
subscriber to keep their password secure. Legitimate passwords are between 6
and 8 characters in length, in all lowercase and are not part of any
recognizable word found in any dictionary.
Subscriber
is allowed unlimited, on-demand access to inoyfb.com's systems or service, this
does not include dialup services, dialup services are provided at an additional
cost. inoyfb.com's dial-up connections are not provided on a dedicated basis. Any
subscriber that is consistently connected to inoyfb.com's system for periods of
8 hours or more shall be subject to having its account placed under suspension
and/or terminated.
Subscriber
is responsible for all use or misuse, with or without subscriber's knowledge or
consent, of their inoyfb.com account.
2.
Email confidentiality
Electronic
mail passes through multiple mail servers on the Internet as it passes from
source to destination. One can never be guaranteed privacy from every possible
mail server; therefore, someone seeking total privacy should use some
encryption scheme to render their messages unreadable by eavesdroppers.
inoyfb.com
treats e-mail messages as private. Exceptions are those permitted by law,
including under the Electronic Communications Privacy Act of 1986 (the
"ECPA"). The ECPA permits inoyfb.com limited ability to intercept
and/or disclose electronic messages, including, for example (i) as necessary to
operate the system or protect inoyfb.com's rights or property, (ii) upon legal
demand (court orders, warrants, subpoenas) or (iii) where inoyfb.com receives
information inadvertently which appears to pertain to the commission of a
crime. Users should be aware that electronic messages may be intercepted
lawfully or unlawfully outside of inoyfb.com's system. In addition, although
inoyfb.com has implemented certain security measures, inoyfb.com cannot
guaranty that its system or stored data of a subscriber will be free from
unauthorized intrusion or otherwise guaranty the privacy of information of any
user.
3.
Limits on disk space usage
inoyfb.com
provides as an added benefit to its dial-up users limited access to certain
inoyfb.com server computers. This benefit typically consists of email access.
inoyfb.com
users are subject to a limit of 3MB of disk space for all their disk usage
including incoming mail files, unless additional storage options are purchased,
at no time will storage exceed the amount purchased. inoyfb.com reserves the
right to remove or prohibit files that exceed this limit.
The
customer is responsible for keeping backups of customer files stored on
inoyfb.com computers.
4.
Unauthorized use of other people's accounts or computers
inoyfb.com
will strongly react to any use or attempted use of an Internet account or
computer without the owner's authorization. Such attempts include "social
engineering" (tricking other people into releasing their passwords),
password cracking, security hole exploits, and the like.
Any
unauthorized use of accounts or computers by a inoyfb.com customer, whether or
not the attacked account or computer belongs to inoyfb.com, will result in
action against the attacker. Possible actions include warnings, account
suspension or cancellation, and legal action, according to the seriousness of
the attack.
5.
Commercial advertisements
Commercial
advertising is an accepted and welcome use of the Internet. However, there are
appropriate and inappropriate places for Internet advertising.
Unsolicited
commercial advertisements are not allowed in email, and will likely result in
account suspension or cancellation. If a subscriber is found to have sent out
unsolicited e-mail (also known as "spam"), inoyfb.com will charge
subscriber's account $1 for each message sent out due to subscriber's reckless
use of system resources.
Commercial
advertisements are unwelcome in most Usenet discussion groups and on most email
mailing lists. Inappropriate posting may result in account suspension or
cancellation. See the newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming," or sending a message to
many different off-topic newsgroups, is particularly unethical and will be
treated as such.
Sending a
message, especially an advertisement, to more than five or six recipients, is
by itself spamming unless the individuals have specifically requested to be
added to a mailing list on that topic. E-mail is a person-to-person medium, not
a broadcast medium.
6.
Illegal material
inoyfb.com
bears certain legal liabilities for the use of its computer network and
equipment. As such inoyfb.com must require that its customers do not use
inoyfb.com's network for illegal purposes.
When
presented with a search warrant, inoyfb.com is obligated to release any
information named therein, and will cooperate with the authorities in any
criminal investigation of inappropriate Internet usage.
However,
inoyfb.com recognizes that the legal status of the Internet has not yet been
resolved satisfactorily, either through legislation or court precedent.
Therefore inoyfb.com must make certain decisions regarding the illegality of
various specific actions. Among the actions inoyfb.com considers illegal and
therefore not allowed on its network are: unauthorized distribution of
copyrighted material; exploitation of minors; and unauthorized use of computer
resources.
inoyfb.com
believes that the First Amendment rights of free speech, freedom of the press,
and freedom of association apply to the Internet to the same degree as they do
to print media, and that any attempt to infringe upon those rights is void of
legitimacy.
7.
Harassment
Harassment
or abusive use of email and other Internet services is a rare but serious
misuse of Internet resources. inoyfb.com, in its sole discretion, will handle
incidents of harassment on a case-by-case basis, consulting with all parties
involved.
8.
Automated dial-up account use
Dial-up
accounts are for personal, interactive use only. They may not be kept connected
with a keep-alive of any sort, such as setting an email program to check mail
periodically unattended.
Dial-up
accounts include use of a Unix shell account. This account is only to be used
interactively while dialed in. It may not be used to run processes unattended
or while not dialed in, including, but not limited to, any IRCbot, cron job or
screen.
Limitation of Liability
USE OF inoyfb.com's SERVICES AND
SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. inoyfb.com DOES NOT
WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE
FROM UNAUTHORIZED INTRUSION, OR THAT inoyfb.com's SERVICES OR SYSTEM WILL MEET
ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES inoyfb.com MAKE ANY
WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR
SYSTEM OR THE INTERNET IN GENERAL. inoyfb.com's SERVICES AND SYSTEM ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY,
SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES SHALL inoyfb.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMIATION, LOSS OF
PROFITS. WITHOUT LIMITING THE FOREGOING, inoyfb.com WILL NOT BE LIABLE FOR
DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF
inoyfb.com's SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED
THROUGH inoyfb.com's SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR
E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO
RECORDS OR FILES. THE MAXIMUM LIABILITY OF inoyfb.com TO ANY SUBSCRIBER OR USE
FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO
inoyfb.com's NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER
OR USE TO inoyfb.com DURING THE THREE MONTH PERIOD PRECEDING THE CLAIM. SOME
JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR
LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY
SUBSCRIBER.
Indemnity
The subscriber agrees to indemnify
and hold harmless inoyfb.com, its directors, officers, agents, employees and
its other subscribers from any and all claims, liabilities, damages, or
expenses, including attorney fees, arising out of or resulting from any and all
use of subscriber's account or the subscriber's web site whether or not
authorized.
Non-Transferability
Subscriber's account and right to
use inoyfb.com's services and system is not transferable without inoyfb.com's
consent. Subscriber agrees to protect their password and account and to keep
them secure from unauthorized users and use.
Interpretation
These Terms of Service supersede
all other written and oral communications or agreements with regard to the
subject matter. A waiver or modification of these Terms of Service shall only
be effecting if in a writing signed by an authorized officer of inoyfb.com.
These Terms of Service shall be governed by and construed in accordance with
the laws of the Commonwealth of Massachusetts without regard to choice or
conflict of law principles. Any legal action or proceeding arising under or
relating to the Agreement shall be brought in the federal or state courts of
The Commonwealth of Massachusetts and the parties hereby consent to personal
jurisdiction and venue therein. If any provision of these terms and conditions
is found to be unenforceable or invalid, the remaining provisions shall be
enforceable and valid to the greatest extent permitted by law.
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