Integral Corporation
(“Integral”) operates high-speed connections to the Internet and offers its
network and computer facilities to INTEGRAL subscribers for personal, commercial
and research use. During normal usage of network resources, subscribers may
utilize portions of the Internet that restrict commercial or other traffic
with their own Acceptable Use Policies (AUP). All INTEGRAL customers must
agree to abide by all Acceptable Use Policies for any networks that they may
traverse and always comply with local, state and federal laws.
Terms and
Conditions
1. INTEGRAL
exercises no control what-so-ever over the content of the information passing
through its networks. INTEGRAL makes no warranties of any kind, whether
expressed or implied, as to the availability, accuracy or content of the
information, products, or services it is providing. INTEGRAL also disclaims any
warranty of merchantability or fitness for any purpose. Warranties on equipment
and/or software procured from INTEGRAL are limited to the written limited
warranty that accompanies merchandise. All sales are final with no returns on
equipment and/or software other than required by law. INTEGRAL will not be
responsible for damages that are incurred or suffered. This includes but is not
limited to, loss of data resulting from delays, non-deliveries, misdeliveries
or service interruptions caused by it's own negligence or others omissions or
errors. Use of any information obtained from INTEGRAL is at user's own risk. INTEGRAL
specifically denies any responsibility for the accuracy or quality of
information obtained through its services.
2. Any liability of
INTEGRAL including without limitation any liability for damages caused or
allegedly caused by any failure of performance, error, omission, interruption,
deletion, defect delay in operation or transmission, communication line
failure, theft or destruction of or unauthorized access to , alteration of or
use of records, whether for breach of contract, tortuous behavior, negligence
or under any other cause of action, shall be limited to the amount paid by or
on behalf of the customer of INTEGRAL for the current month.
3. INTEGRAL network
services may be used for lawful purposes only. Transmission of any material in
violation with any federal, state or local regulation is prohibited. This
includes but is not limited to: Material determined to be threatening or
obscene, copywrited material, or material protected by trade secret. Customer
agrees to indemnify and hold harmless INTEGRAL from any claims resulting from
use of the service which damages the customer or any other party.
4. When accessing
other networks connected to INTEGRAL, customer must comply with those networks
AUPs.
5. The use of the
Internet to transmit certain kinds of information (including without
limitation, computer software and other technical data) may violate export
control laws and regulations of the United States, whether that information is
received abroad or by foreign nationals within the United States. Since
INTEGRAL exercises no control whatsoever over the content of information
passing through the Internet, the entire burden of complying with such laws and
regulations rests with its customers. Customer agrees to comply with such laws
and regulations and to indemnify and hold INTEGRAL harmless from any damages it
may suffer resulting from any violation of the export control laws of the
United States.
6. Any access to
other networks connected to the Internet must comply with the rules appropriate
for that other network. Use of the Internet itself may be for any lawful
purpose. Use of the Internet for commercial purposes is permitted as long as
this does not include any type of spam postings in USENET and spam E-Mail.
Integral reserves the right to terminate services for violating these rules,
and the User forfeits any and all funds paid for services and future
services.
7. Any attempt to
access or modify unauthorized computer system information or to interfere with
normal system operations, whether on the equipment of INTEGRAL or of any
computer system or network that is accessed via INTEGRAL service, will result
in the immediate suspension or termination of services. These unauthorized
activities include, but are not limited to: guessing at or using passwords
other than customers own, accessing information that doesn't have public access
permissions, and accessing any computer system on which customer or the public
are not welcome.
8. Commercial
posting to non-commercial newsgroups or postings which are directed to either
inappropriate, unrelated or more than 10 groups is prohibited. Groups in the
INTEGRAL group are not meant for posting of other service providers. Any type
of spam e-mail is also prohibited.
9. The customer
agrees to pay monthly invoices immediately upon receipt until the account
is canceled by signed notification. The customer agrees that all prices are
subject to change without notice. Only a written request to terminate service
relieves you of your obligation to pay the monthly account charge. If payment
remains unpaid for 15 days, a minimum late fee of $15.00 and an interest fee
of 1 1/2% per month on the past due outstanding balance will be assessed (Annual
percentage rate of 18%). If you default, you agree to pay INTEGRAL reasonable
collection expenses, including attorney and collection agency fees.
11. INTEGRAL reserves
the right to modify, change and reformat this document as it deems necessary
without the permission or consent of it's network users. Copies of the AUP
will remain available upon e-mail request. Should any part of this agreement be declared invalid, or unenforceable,
User agrees that all other sections or portions of the agreement remain in
full force.
12. Other uses of
INTEGRAL's services, networks, equipment and/or lines are considered fraudulent
and a charge equal to an account's monthly fee may be charged for violations.
13. Using or traversing
INTEGRALs networks constitutes full agreement and understanding of this AUP
and/or any future AUP modification.
14. Service may
automatically terminate if User fail to comply with any term or condition
of this agreement, or in the event of termination of the service agreement
with INTEGRAL.
15. Any user who
has his account discontinued for non-payment will not be provided a forwarding
address nor will his e-mail be forwarded.
16. All account
members are subject to the usage restrictions for memory and data transfers.
User agrees that he is responsible for any usage of his site and will pay
compensation at the specified rate if usage exceeds allowable amounts.
17. Technical support
will be provided under the specified restrictions. Technical support will
be provided to support standard products related to Internet connectivity.
Requests for support for other functions and products are not included in
the standard connection fee.
18. These terms
and conditions supersede all previous representations, understandings or agreements
and shall prevail notwithstanding any variance with the terms and conditions
of any order submitted. Use of INTEGRALs services, networks and systems constitute
acceptance of these terms.
19. User understands
and agrees that User will be subject to a minimum ten (10) minute idle time
cutoff where User will lose their connection in the event they do not make
use of their connection for a continuous, minimum period of ten (10) minutes.
User further understands and agrees that User will be subject to an eight
(8) hour consecutive use cutoff, where each connected User will lose their
connection in the event they exceed eight (8) consecutive hours of session
time.
Integral's Anti-Spam and Anti-Virus service and software are offered "AS
IS," and "WITH ALL FAULTS." You agree that your use of the
Integral Corporations service and software will be at YOUR OWN RISK AND SUBJECT
TO ALL DISCLAIMERS OF WARRANTIES DESCRIBED IN THE TERMS OF SERVICE. IN ADDITION,
Integral DOES NOT WARRANT THAT Integral Anti-Spam and Anti-Virus (I) WILL
DETECT, CORRECTLY IDENTIFY AND OR BLOCK ALL UNDESIRED E-MAILS OR (II) THAT
THE SERVICE WILL NOT CAUSE YOUR E-MAILS TO BE DELAYED OR INADVERTANTLY LOST.
Limitation of Liability
THE LIMITATION OF LIABILITY PROVISIONS OF THE TERMS OF SERVICE APPLY TO YOUR
PURCHASE AND USE OF Integral's Anti-Spam and Anti-Virus Services. ADDITIONALLY,
YOU AGREE THAT NEITHER Integral Corporation NOR ITS SUPPLIERS SHALL BE LIABLE
FOR ANY DAMAGES, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST TIME, LOST DATA,
LOSS OF GOOD WILL, WORK STOPAGE, COMPUTER FAILURE OR ANY OTHER COMMERCIAL
DAMAGES OR LOSES, EVEN IF NETSCAPE HAD BEEN ADVISED OF ITS POSSIBILITY, FOR
DELAYED, LOST OR BLOCKED E-MAIL OR FOR THE FAILURE OF Integral Corporation
TO DETECT, CORRECTLY IDENTIFY AND/OR BLOCK ALL UNDESIRED E-MAIL.
User
agrees that use of Integral's Internet services constitutes acceptance of
Integral's Acceptable Use Policy. A current version of this AUP document will
be located on Integral’s web site at http://www.integralcorp.com/aup.htm.
User understands that this document can and will be revised, and that User
agrees to conform to this Acceptable Use Policy and any future revisions of
this Acceptable Use Policy, or immediately terminate use of Integral’s services.