| Terms of Service
Enduser Terms of Service
Note: All users are bound by this terms of service.
Catholic Internet Services 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.
We agree to provide you with those services set
forth at the time of signup and you agree to abide by the
restrictions made below. In the event of any violation of the
below terms and conditions of using our service, we reserve the
right to suspend or terminate your account immediately, without
notice. If you do not wish to be bound by the below terms and
conditions of using our service, then you may not access the
service.
Warranty Disclaimer
No warranty's are made regarding the service. We
do not guarantee that the service will be uninterrupted or error
free. We exercise no control whatsoever over the content of
information that is passed through our system. The service is
provided on an "as is" basis.
Responsibility of Use
User shall assume all responsibility for all
content distributed, accessed, or viewed while connected to our
service. Under no circumstance shall we be held liable for your
actions while you are using the service. In the event of a court
order, we may provide any and all information that they request of
us to them.
User is responsible for making sure the access
number they dial is a local toll-free call. Under no circumstance
will Catholic Internet Services be responsible for long distance
charges incurred to the enduser by using the service. If you have
any doubts if a number is local, please call your local operator
by dialing 0.
Limitation of Liability
Under no circumstances shall we, our agents, our
providers, or employees be liable for any damages, which result in
any way from user's use or inability to use the service or any
part thereof. This includes all direct and indirect damages,
special, punitive or consequential damages that may result from
busy signals, errors, delays in the service, deletion of files,
viruses, theft, or alteration of a user's computer. In the event
that we are found liable under any circumstance under the terms of
this agreement, our liability shall be limited to the unused
balance of user's subscription payment pro-rated to reflect the
current term.
Age Limit
User represents to us 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. We
have no control over and accept no responsibility whatsoever for
such materials.
Restrictions of Use
User understands that the following restrictions
are applied to the service:
User May Not:
Send SPAM, or bulk email when dialed into the
network.
Post offensive, threatening, or SPAM, when
using the newsgroups.
Use their personal FTP site for business sites.
Post or transmit viruses or any harmful
component to others.
Transmit anything that is protected by
copyright without permission.
Attempt to violate the security of any computer
network
Engage in any illegal activity.
Dialup Restrictions
We do not market Catholic Internet Services
"dialup service" as unlimited, always on, if you need always
on type of service, sign up for our DSL service.
Please keep in mind that we are a consumer
service, and not designed for people who require an "always on"
connection with long periods of inactivity.
User agrees to allow provider to force a 15
minute idle timeout and 5 hour maximum session on their dial-up
account. Attempts to defeat the idle timer using a ping bot or
system tool, or the use of a redialer to automatically reconnect
once disconnected is prohibited. Inactivity is defined as less
than 500 bytes of data transferred between User's modem and the
service.
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.
Email Restrictions
Any email address not accessed for 120 days
will be removed from our system
User agrees that Port 25 (SMTP) is blocked for
all outgoing mail servers except our own.
User may not send to more than 90 recipients at
a time.
User may not attempt to send more than 200
emails per hour period.
User may not send from an email address that is
not their own.
User may not send an email that is over 10 MB
in size.
User may not forge message headers to hide the
origin of their email.
Provider may block certain attachment types
used in transmitting viruses.
Provider may run a virus scanner on all mail
and drop mail containing viruses.
New email is kept on the server for only 60
days.
Webmail (Inbox) is kept on the server for only
60 days.
Webmail (Sent folder) is kept on the server for
only 30 days.
Webmail (Trash folder) is kept on the server
for only 7 days.
Right to Cancel
We reserve the right to cancel Service for any
reason without prior notice. In the event that a user's service is
cancelled by us for a reason outside of this TOS, we will refund
the user the unused portion of that month's service at the time of
cancellation.
System Backups
We do not and will not perform system backups on
any User's E-mail account(s). We 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, we will not provide
historical data, to any party for any reason, regarding any system
or Internet activity.
No Confidentiality
Information transmitted through us and through
the Internet in general is not confidential. We can not and shall
not guarantee privacy or protection of any User. We reserve the
right to monitor any User's transmissions when deemed necessary
for providing proper service and/or to protect the rights and
property of our company.
Privacy Policy
Catholic Internet Services will not use or sell
your email address or personal data to any 3rd party.
Billing Policy
Upon signup, the enduser will be billed for the
prorated portion of the month. In the event that the enduser signs
up for service after the 20th, they will be billed for the
prorated portion for the days remaining plus the next month
service fees.
All recurring transactions take place on the
20th of the month. If the billing is declined, we will attempt a
re-bill between the 22nd to the 28th and may continue to do so
every few days for service. It is the End Users responsibility to
make sure that Catholic Internet Services always has the most up
to date contact and billing information for their account. Under
no circumstances will Catholic Internet Services be liable for
bank fees incurred by the User for Catholic Internet Services
attempting to charge for service. If the billing continues to be
declined by the 29th of the month the account will be cancelled
for non-payment.
Any billing disputes done through the bank will
result in immediate cancellation of our Catholic Internet Services
account. Please redirect all billing disputes to our billing
department.
Catholic Internet Services accepts checks &
money orders but only for annual payments. Month to month is not
available for any methods besides credit cards. The minimum
service agreement is six (6) months. If there is an early
cancellation, a $25.00 fee will be charged to the account.
Refunds for annual check or money order subscriptions, beyond the
six (6) months are available by the following calculation: Amount
Paid minus number of months since service began * 19.95. A 30 day
holdback is placed on all check payments before issuing a refund
to ensure that the check has time to clear the bank. No exceptions
are provided.
Cancellation Policy
You can cancel your service one of three ways.
By mail to:
Catholic Internet Services
P.O. Box 3197
Monument, CO 80132
By Phone to: 1-719-213-1168
Please include your name, address, return phone
number, dial-up username, and email address as well as a request
to cancel service and the date you want the cancellation to occur.
Accounts are billed on the 20th day of each
month. Cancellations are processed at the end of each billing
cycle. (ie. if you cancel on January 26th, your cancellation date
would be the end of February).
Failure to Comply With Terms and Conditions
We may deny User access to all or part of the
Service without notice if User engages in any conduct or
activities that we in our sole discretion believes violates any of
the terms and conditions in this Agreement. If we deny User access
to the Service because of such a violation, User shall not have
the right (1) to access through us 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 us,
and we 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
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.
Our 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.
We 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 Colorado
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.
We 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 our reasonable
control.
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 us as
the defendant, shall be proper only in a venue determined by us.
In any action between us and User to enforce any
of the terms of this Agreement, We shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement
between User and us with respect to the Service.
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