| 1. |
Terms and Conditions - San Marcos Internet, Inc. (SMI, its
employees and officers) provides the SMI service subject to your compliance with the terms
and conditions below. Please read this agreement 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. |
| 2. |
All customers and subscribers of SMI agree unconditionally to not
in any way intentionally or maliciously cause harm to the equipment, software, or
processes used in operating SMI. Any violations of this agreement will result in civil and
or criminal penalties as prescribed by local, state and federal laws applicable in this
area. |
| 3. |
You assume total responsibility and risk for your use of SMI and
the Internet. SMI does not make any express or implied warranties, representations or
endorsements whatsoever (including without limitation warranties of Title or infringement,
or the implied warranties of merchantability or fitness for a particular purpose) with
regard to any merchandise, information or service provided through SMI or on the Internet
generally and they shall not be liable for any cost or damage arising directly or
indirectly from any such transaction. It is solely your responsibility to evaluate the
accuracy, completeness of, and usefulness of all opinions, advice, services and other
information, and the quality and merchantability of all merchandise, provided through SMI
or on the Internet generally. |
| 4. |
SMI is not responsible for long distance
charges on your phone bill as a result of dialing our service. It is
the responsibility of the user to verify the access number is a local
call and the configuration of the dialup software is correct. |
| 5. |
You understand further that the Internet contains unedited
materials, some of which are sexually explicit or may be offensive to you. In addition,
the Internet contains false, misleading, and inaccurate data. You access such materials at
your own risk. SMI has no control over and accepts no responsibility whatsoever for such
materials. If you wish to block access to offensive web sites there are software options,
which may be purchased from reputable companies. However, you are hereby notified that no
filtering solution is 100% fool proof and SMI will not be held liable
for any damages caused by the failure of an Internet filtering product. |
| 6. |
The service is provided on an as is and as available basis without
warranties of any kind, either express, including but not limited to warranties of title,
no infringement or implied warranties of merchantability or fitness for a particular
purpose. No advice or information given by SMI shall create a warranty. SMI does not
warrant that the service will be uninterrupted or error free or that any information,
software or other material accessible on the service is free of viruses, worms, trojan
horses or other harmful components. SMI does provide anti-virus scanning
of all email passing through our mail servers on a best effort basis. However, you are hereby notified that no
anti-virus scanning solution is 100% fool proof and SMI will not be held
liable for any damages caused by viruses or similar attacks. |
| 7. |
SMI may only be used for lawful purposes. Transmission of any
material in violation of a US or state law, rule or regulation is prohibited. This
includes but is not limited to copyrighted material, material legally judged to be
threatening or obscene by local community standards or material protected by trade secret.
In addition you may not post or transmit any information or software which contains a
virus, cancel bot, trojan horse, worm or other harmful component. |
| 8. |
You are responsible for the protection of your account and data.
You are advised that the Internet is not a secure system. Data can be and often is viewed
by third parties. Information of a private or confidential nature should not be placed on
the system or if it is you should take steps to protect it using encryption technologies.
SMI specifically denies any responsibility for the security of your account and the data
stored in SMI facilities. SMI is not a storage facility and customers wishing to safeguard
their data should make backups and store them in a secure place. It is SMI policy to
cooperate fully with any and all Law Enforcement Agencies and upon lawful request will
make available to said agencies any and all information contained in the SMI computer
systems. |
| 9. |
On-demand dialup and ISDN accounts are not intended to be full-time dedicated
connections and we reserve the right to disconnect a user for inactivity or for using what
we consider an excessive amount of time online. The user may not remain connected
when not at his/her computer. Unless otherwise specified as a network service, the dialup
accounts are provided for personal use by an individual or family on a single computer. It
is not permissible to host server services on a dialup account such as WWW, FTP, gaming,
or chat servers. |
| 10. |
The resale of SMI services of any kind is strictly prohibited
unless approved in advance in writing by SMI. |
| 11. |
All posting to Usenet must comply with the etiquette guideline
such as those posted in new.announce.newusers and with the posted charter of the
newsgroups to which you are posting. Non-compliance with these rules will result in the
termination of your account without prior notifications. |
| 12. |
You agree to refrain from sending mass, unsolicited e-mail
messages ("spamming"). You agree to refrain from inappropriate postings or
multiple postings of the same message to many inappropriate Usenet newsgroups
("spamming"). You agree to post advertisements only in areas that specifically
encourage or allow advertising. You agree to respect conventions of the newsgroups,
mailing lists and networks to which you are posting including those more restrictive than
but not limited to the above. Complaints received regarding non-compliance will be treated
as grounds for termination or suspension of all Internet service and other related
accounts with SMI. If you violate the above stated standards in a manner that requires
administrative work by SMI you are subject to a fee billed at a rate of not less that
$100.00 per hour. |
| 13. |
Customer
shall not abuse Internet resources including, but not limited to,
allowing spamming by third parties to promote a web site hosted by SMI; offering
for sale or otherwise enabling access to (i)
warez or
(ii) software products that facilitate the sending of unsolicited
e-mail or facilitate the assembling of multiple e-mail addresses
("spamware"). |
| 14. |
You are hereby notified that SMI considers the responsible billing
party to be the owner/subscriber of SMI services. If said owner requests SMI to cancel
Internet accounts or e-mail for any reason SMI will do so. Once an account (dial-up,
webpage, domain or email) is canceled any data associated with that
account will be deleted. |
| 15. |
Regarding Personal WebPages, Commercial Web Pages and Virtual
Domains, SMI exclusively reserves the right to host or not host the above at its own
discretion. SMI reserves the right to remove from the service at anytime any Personal Web
Pages, Commercial Web Pages or Virtual Domain(s) at its sole discretion. |
| 16. |
SMI may deny you access to all or part of the Service without
notice if you engage in any conduct or activities that SMI in its sole discretion
believes' violates any of the terms and conditions in this agreement. If SMI denies you
access to the Service because of such a violation, you shall have no right (1) to access
through SMI any materials stored on the Internet (2) to obtain any credit(s) otherwise due
to you and such credits will be forfeited, (3) to access third party services merchandise
or information on the Internet through SMI and SMI 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. You agree to defend, indemnify
and hold SMI harmless from any and all liabilities, costs and expenses, including
reasonable attorney's fees, related to any violation of this agreement by you or
authorized users of your account, or in connection with the use of the Service or the
Internet by you or authorized users of your account. |
| 17. |
In the event 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. SMI's failure to insist
upon or enforce strict performance of any provision 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. This
agreement shall be governed by and construed in accordance with the laws of the state of
Texas, without regard to its conflicts of law provisions. Any cause of action you 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. |
