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This user's Agreement is designed to define and explain the agreement between Clearwater Web Solutions (to be known in the rest of this document as "CWS/POVN")in association with POVN (to be known in the rest of this document as "POVN") and its subscribers.
CWS/POVN SYSTEM USE POLICY
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- A CWS/POVN account is an arrangement between CWS/POVN and its subscriber's that allows its subscribers access to the Internet via CWS/POVN's system. CWS/POVN accounts and the provisions of this agreement are nontransferable.
- The subscriber agrees to pay in advance, the monthly fee being charged by CWS/POVN at the time of service for a minimum of one month. Monthly charges commence on the date of activation and continue until such time as the subscriber notifies CWS/POVN to discontinue service, and are nonrefundable. Non use of the system shall not be considered grounds for refund.
- Subscriber agrees to responsibility for all charges rising from the use of the account, including, but not limited to, enhanced service charges, charges incurred by an account holder on another Internet host, and all additional phone charges, including long-distance.
- CWS/POVN reserves the right to suspend or cancel any account for nonpayment, delinquent payments over 15 days past the due date, or rejection of any credit card charges by the account holder's credit card issuer. A $30.00 fee will be assessed on all returned checks. Collection of bad debt is handled by an outside agency.
- CWS/POVN reserves the right to suspend an account for suspected or actual breaches of its System Use Policy, this Agreement, and use of the host system in a manner which is harmful to CWS/POVN or its subscribers. All costs incurred because of system down time resulting, directly or indirectly, from willful abuse of the system by the account holder will be the responsibility of the account holder, and the time required to restore the system will be billed at the rate of $150 an hour to the account holder.
- If, at any time, it becomes necessary for CWS/POVN, or the account holder, to use legal recourse for a dispute between CWS/POVN and the account holder, the prevailing party will be entitled to recover all legal costs, regardless if a law suit is actually filed.
- CWS/POVN has the right to terminate any account for malicious or illegal use of its host system or the Internet, including e-mail messages which are perceived, in any manner, directly or indirectly, as threatening, offensive, harassing, or contradictory to the standards of Internet convention, and including port scanning or other attempted invasion of other people's networks or systems. CWS/POVN will review all complaints regarding malicious or illegal use of the system and/or harassing e-mail, and render judgment based on the System Use Policy and what is in the best interest of CWS/POVN’s subscribers.
- Multiple, identical news group postings, bulk email, and unsolicited e-mail messages are a violation of CWS/POVN's System Use Policy and widely held standards of Internet etiquette. Anyone using CWS/POVN's mailservers to send unsolicited bulk email, will have their account(s) terminated immediately. This includes the use of a mail server with open relays on CWS/POVN's system. Open relay mail servers are strictly prohibited.
- The account holder or subscriber is responsible for all use of their CWS/POVN account, including security, online storage space, usage time, all e-mail postings that originate from their account, and protection of their account password. CWS/POVN is not responsible for any account holder's data or personal files on its host system, and account holders are responsible for the backup of significant data and files.
- Use of any CWS/POVN account is expressly limited to the individual, business, or organization named on the account application form.
- The account holder or subscriber agrees to use their CWS/POVN account in accordance with all applicable state or federal laws.
- CWS/POVN reserves the right, but is not obligated in any way, to view or edit publicly viewable data, including e-mail messages on its host system, and to delete any information on its host system at CWS/POVN’s sole discretion.
- All e-mail, World Wide Web pages, and any file located in a publicly accessible directory are considered publicly viewable, and CWS/POVN is not liable for the protection, confidentiality or content of them or any information transferred to or from another Internet host.
- Account holder agrees that material available through their account does not violate or infringe on any copyright, patent, applicable law, or contain information of an obscene nature.
- The use of any CWS/POVN account for housing World Wide Web pages that advertise, sell, or promote any commercial business, service, or product without the consent of CWS/POVN is prohibited.
- CWS/POVN owns and maintains all I.P. addresses and reserves the right to change them with appropriate written notification.
- CWS/POVN is not responsible for any costs, loss of income, or damages relating to the use of its host system, products, software, and services. Services are provided as available, without any expressed warranties, and are subject to change without notice.
- CWS/POVN reserves the right to delete any email boxes that have not been accessed in three months. All files in closed accounts will be available for 15 days after account closure and deleted in 30 days. CWS/POVN will forward all e-mail on closed accounts to a valid e-mail address for 30 days after closure, if one is provided.
- CWS/POVN will not release account holders personal information to other parties unless required by the appropriate authority.
- Non enforcement on any portion of this Agreement does not constitute consent, and CWS/POVN, Inc. reserves the right to enforce our System Use Policy, this Agreement, at it's sole discretion. If one or more sections of this Agreement are found to be unenforceable or invalid, the remaining sections will still be considered valid.
- If the account holder is under 18 years of age, either a parent or legal guardian who is responsible for the terms of this Agreement must sign and assume responsibility this Agreement by and all charges owed by the account holder.
- CWS/POVN is not responsible for transactions or postings which take place to activity on our free classified ads, community calendar, forums or any other communication which has taken place between users.
- CWS/POVN reserves the right to modify the terms of this agreement, and account prices without notice. Continued use of the system after such time will constitute account holders acceptance of the changes
For information mail CWS
Updated 4-8-05
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