E-List.Net
Internet User Service Agreement
The following printed copy of the E-List.Net user agreement is being provided for your records. The most up to date copy of this agreement is always available on the E-List.Net World Wide Web site.
Use of an E-List.Net Internet service account constitutes acceptance of this Agreement. Continued use of an Internet service account constitutes acceptance of any amendments, additions, or modifications to this Agreement. If you do not wish to accept the terms of the following agreement, you must contact Danick Systems in writing NOT e-mail, to terminate you E-List.Net account.
If you have any questions about this agreement, please feel free to contact Danick Systems via e-mail at support@E-List.Net or via telephone at (781)762-1084
E-List.Net Internet User Service Agreement
Revision 8/12/02
Key Terms
Agreement: This agreement and any amendments, additions, or modifications hereto.
E-List.Net: A Division of Danick Systems L.L.C. located at 719 Washington St. Norwood, MA 02062, and its assigns and operators of its Internet service.
Subscriber: The individual or company who uses the Internet, networking, and other service provided by E-List.Net. Use of the pronoun “it” refers to the Subscriber whether it is a male, female, or company.
Obligations: Any and all amounts due now or hereafter from the Subscriber to E-List.Net pursuant to this agreement.
Agreement
The Subscriber agrees to the following terms and conditions.
1) ACKNOWLEDGMENTS: The Subscriber acknowledges that Danick Systems exercises no control over the content of the information available through the Internet service. The reliability, availability, and performance of resources accessed through the Internet are beyond Danick Systems’ control and are not in any way warranted or supported by Danick Systems.
2) COMPLIANCE WITH APPLICABLE LAWS. The Internet service provided to the Subscriber by Danick Systems may only be used in accordance with all applicable laws, statutes, regulation, and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication, or storage of any information, protected material/property, data, or material in violation of any national law of any sovereign nation, or of international law, the federal laws and regulations of the United States, or of any state of local law, statute, regulation, or rule is strictly prohibited. This prohibition includes, but is not limited to any material, data, matter, software or software code, or intellectual property protected by copyright, trademark, privacy, or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a specific violation of this Agreement to communicate, transmit, or promulgate in any matter, means or medium, any threatening, harassing, or obscene material, matter, or communications of any sort or to otherwise use the Internet service for any illegal or unlawful purpose. It is a violation of this Agreement to deliberately “Spam” (Communicate, transmit, or promulgate in any matter, means or medium, any unsolicited information or material to any group of individuals or repeatedly to any individual) from a E-List.Net Internet account or via E-List.Net equipment. It is also a violation of this Agreement to use such methods to promote a E-List.Net hosted web site or the contents of a E-List.Net hosted web site, regardless of whether or not such action involves a E-List.Net Internet account or uses E-List.Net equipment. This prohibition specifically includes, but is not limited, to “UCE” (Unsolicited Commercial E-mail) and any other mass mailing when the recipients did not specifically request to receive the information. Any such action may result in immediate termination of the E-List.Net Account, as well as the specific penalties outlined in section 29 of this agreement.
3) SUBSCRIBER’S RESPONSIBILITY: The Subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining (I) to the Subscriber’s use of the Internet service (ii) to the use of any networks connected to the Internet service, and (iii) to the communications means by which the Subscriber connects their modem, computer, terminal, or other equipment to the Internet service.
4) SUBSCRIBER HOLDS DANICK SYSTEMS HARMLESS: The Subscriber warrants that it is the local content provider for its location for the services provided by E-List.Net. The Subscriber is responsible for all uses of its account and connections. The Subscriber is responsible for ensuring that the account is used in accordance with all applicable laws, rules, statutes, etc. This specifically includes controlling the use of the account by any other individuals, particularly, but not limited to, minor children. THE SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS DANICK SYSTEMS L.L.C., ITS OFFICERS, SHAREHOLDERS, AGENTS AND EMPLOYEES AND ITS OTHER SUBSCRIBERS FROM ANY AND ALL CLAIMS, COSTS, EXPENSES, JUDGMENTS, CAUSES OF ACTIONS, ATTORNEYS FEES, LITIGATION, AND COURT COSTS RESULTING FROM USE OF THE SUBSCRIBER'S INTERNET ACCOUNT OR FROM SUBSCRIBER'S USE OF THE INTERNET SERVICE IN ANY MANNER, WHETHER DIRECTLY, INDIRECTLY OR BY ANY ACT OF COMMISSION OR OMISSION.
5) BILLING: Monthly invoices are e-mailed to the Subscriber by Danick Systems via Internet. Invoices are generated and mailed during the first week of each month, and bill for services rendered during that month plus any additional charges for the previous month. Payment of the Internet service fee is credit card only (Visa,
Master Card, Discover). Accounts for which payment authorization is declined by the date due are subject to a late penalty. The late penalty shall be either $5.00 or 1.5% of the outstanding balance, whichever is larger.
6) CREDIT CARDS: The Subscriber will be required to complete and sign a form the includes their credit card billing address, account number, and expiration date and gives Danick Systems permission to bill their credit card account until such time as they cancel their account.
7) NEW ACCOUNTS: Monthly fees for new accounts start on the sign up date. Subscribers will generally be required to provide the startup fee (if any), first month's charges and a pay a head charge equal to one month of service, in advance of account setup. Thereafter, the accounts will be billed on or about the inception day of each month. A current subscriber may be allowed to set up a new account for itself or for another party, and Danick Systems will generally be willing to invoice the new account for the startup charges. However, in the even that the charges are not paid, the referring account will be liable for the charges and any late penalties.
8) DEFAULT: An Internet service account is in default if payment in full of the Internet service fee, late fees, or other fees applicable to the account is not received within the first week after payment is due. If the Subscriber's payment is declined to Danick Systems for any reason including insufficient funds, the Subscriber is immediately in default and subject to a charge of $5 by Danick Systems. Accounts in default may have their service interrupted. Such interruption does not relieve the Subscriber from the obligation to pay past or current Internet service fees, and interest will continue to accrue at 1.5% per month (18 percent per annum) on the principal due on the defaulted account. Only a written or confirmed electronic mail request to terminate the service relieves the Subscriber of the Subscriber's obligation to pay the monthly account charge. The Subscriber is obligated to pay the Internet service fee for the full month in which a request by the Subscriber for cancellation of the account is received by Danick Systems, as well any previously due fees, regardless of any reason given or not given by the Subscriber for cancellation. If the Subscriber defaults, the Subscriber agrees to pay Danick Systems its reasonable expenses, including attorney and collection agency fees incurred in enforcing its rights under this Agreement. An act of default accelerates payments to be due immediately, as credit is no longer being extended.
9) REINSTATEMENT FEE: Suspended accounts will be charged an account reinstatement fee equivalent to the standard recurring monthly charges for the suspended account type as of the date the account was suspended, prior to resuming service. Additionally, Danick Systems reserves the right to refuse to extend credit to any account that has become delinquent, even after the outstanding balance is paid. Danick Systems may also elect not to reinstate outdated or "grandfathered" account plans; the account may need to be converted to a current account type prior to reinstatement.
10) INABILITY TO CONNECT TO THE E-LIST.NET NETWORK: In the event that a new customer is unable to connect to the E-List.Net network and use their Internet account after diligent effort and after utilizing E-List.Net support services and suggestions, E-List.Net will waive the account charges. The request for cancellation and for either waiver of invoiced charges or refund of credit card charges must be made within 30 days of the date the account was established. In any event, the startup fees are non-refundable.
11) ATTORNEYS FEES, COURT COSTS, APPLICABLE LAWS, AND VENUE: In the event that Danick Systems is required to engage the services of an attorney because of a breach by the Subscriber of any of the terms herein contained, the Subscriber agrees to pay all of Danick Systems reasonable attorneys' fees and court costs. Upon breach of this Agreement, all of Subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Agreement or the breach of any applicable law or statute governing the use of the Internet service, all subscriber fees shall be forfeited as liquidated damages to Danick Systems. This Agreement shall be interpreted and enforced in accordance with the Laws of the Commonwealth of Massachusetts. Any suits, actions, proceedings, or arbitration pertaining to this Agreement shall be brought and maintained only in the courts of the state of, Massachusetts, Suffolk County or, in the event of a diversity of citizenship, the United States District Court for Massachusetts.
12) CANCELLATION: An Internet service account can be canceled at any time by either Danick Systems or the Subscriber, upon either (1) written notice sent by the Subscriber to Danick Systems at the address listed in this Agreement, or (2) by Danick Systems, upon written notice sent to the last mailing address listed with Danick Systems by the Subscriber on the Application for Internet Service. It shall be the responsibility of the Subscriber to keep Danick Systems informed as to a valid mailing address to which notice can be sent. Only a written request to terminate the service relieves the Subscriber of the Subscriber's obligation to pay the monthly account charge. The Subscriber is obligated to pay the Internet service fee for the full month in which a cancellation request by the Subscriber is received by Danick Systems, as well any previously due fees, regardless of any reason given or not given by the Subscriber for cancellation.
13) REFUNDS: Current month E-List.Net charges will be refunded only as described under section 10. Advance payment refunds will be made within one month of cancellation of service and at the then-current month-to-month rates. Any advance payment credits or discounts will be reversed prior to issuing a refund.
14) DELETION OF ALL DATA, FILES, OR OTHER INFORMATION UPON TERMINATION. The Subscriber agrees that Danick Systems has the right to delete all data, files or other information that is stored in the Subscriber's account if the Subscriber's account with E-List.Net is terminated, for any reason, by either Danick Systems or Subscriber.
15) SUSPENSION OF SERVICE: Danick Systems shall have the right to suspend service to the Subscriber at any time, and for reasonable cause, without notice. If such a suspension is to last for more that 15 days, the Subscriber will be notified as to the reason.
16) ACCEPTANCE-ACCESS. Upon acceptance of the Subscriber's application for Internet service by Danick Systems, the Subscriber will be provided with access to the Internet service.
17) TRANSFER OF SUBSCRIBER'S RIGHTS. The Subscriber's rights herein granted cannot be transferred, shared, assigned, or sold. Any attempt to transfer, share, assign, or sell such rights is void.
18) LOGIN SESSIONS. The Subscriber on any standard Internet service account can use no more than one dialup login session at any time. If the Subscriber has multiple accounts, the Subscriber is limited to one login session per account at any time. This restriction may be waived by written agreement between Danick Systems and the Subscriber under specific conditions, or if a multiple-login account is established. When multi-login accounts are established, Subscriber may not exceed the number of simultaneous connections set up for the account.
19) VIOLATION OF THIS AGREEMENT. Accounts that violate any part of this Agreement are subject to immediate cancellation or protective action by Danick Systems including, but not limited to, immediate disconnection or suspension of Internet service. Violations involving "spam" related activities, as defined in section 2 of this agreement, are also subject to the specific penalties outlined in section 29 of this agreement.
20) AGE AND ACCOUNT TYPE. If Subscriber is an individual, Subscriber certifies that they are at least 18 years of age. All accounts will be considered personal (individual) accounts unless explicitly identified as business accounts. As a condition of service, Danick Systems may require that Subscriber provide personal identification information such as date of birth and/or Social Security Number for individuals or Federal Tax ID number for businesses.
21) LIMITED WARRANTY. Danick Systems warrants that, if a Subscriber is dissatisfied with the service, Danick
Systems will, upon written notification received from the Subscriber to Danick Systems, refund any prepaid fees for future months. However, if the Subscriber notifies Danick Systems that they are dissatisfied with the service within the first 30 days after their account is set up and Danick Systems support staff has been unable to resolve the problem, Danick Systems shall waive or refund the monthly fees for that period and cancel the account.
22) LIMITATIONS OF WARRANTY AND REMEDIES: SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S OWN RISK. NEITHER DANICK SYSTEMS NOR ANY OF ITS PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES DANICK SYSTEMS OR ANY OF ITS PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY OR INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER DANICK SYSTEMS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT.
23) LIMITED LIABILITY: ANY LIABILITY OF DANICK SYSTEMS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF AGREEMENT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO DANICK SYSTEMS FOR THE CURRENT MONTH. ANY CAUSE OF ACTION COMMENCED BY A SUBSCRIBER OR ITS DESIGNATED USERS WITH RESPECT TO THE SERVICE MUST BE INSTITUTED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION HAS ARISEN OR BE BARRED.
24) COMPLETE UNDERSTANDING. This Agreement represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written and oral negotiations, representations, guaranties, warranties, promises, orders, statements, or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party. Any provision or condition in any purchase order or any memorandum of the Subscriber that is in any way inconsistent with, or adds to, the provisions of this Agreement is null and void. Neither the course of conduct between the parties nor trade practice shall act to modify the provisions of this Agreement. If any provision(s) of this Agreement is (are) determined to be invalid, all other provisions shall remain in full force and effect. Danick Systems reserves the right to modify this Agreement and E-List.Net prices and service offerings at any time and without notice, and may discontinue or revise any and all other aspects of the Service at its sole discretion by modifying the policies published at http://www.E-List.Net/isp/. At Danick Systems discretion, notification of changes may be made to the Subscriber through the E-List.Net-announce mailing list and/or a direct mailing to the Subscriber.
25) ACCEPTANCE: Use of an Internet service account constitutes acceptance of this Agreement. Continued use of an Internet service account constitutes acceptance of any amendments, additions, or modifications to this Agreement.
26) GRANT OF SECURITY INTEREST: [Collateral and security clauses are applicable only to hardware-collateralized E-List.Net accounts. Hardware-collateralized E-List.Net accounts include any account with equipment located at any Danick Systems location.] To secure the Subscriber's prompt, punctual, and faithful performance of the Subscriber's Obligations to Danick Systems, the Subscriber hereby grants to Danick Systems a continuing security interest in, and assigns to Danick Systems, the Collateral.
27) SECURED PARTY'S RIGHTS AND REMEDIES UPON DEFAULT; SECURITY AGREEMENT: [Collateral and security clauses are applicable only to hardware-collateralized E-List.Net accounts.] Upon any Default under this Agreement, Danick Systems shall have all of the rights and remedies of a secured party upon default under the Uniform Commercial Code.
28) AUTHORITY AND JOINT RESPONSIBILITY: If any Subscriber is other than an individual, the person signing on behalf of such Subscriber represents and warrants that they have the authority to sign this Agreement on behalf of such Subscriber and hereby guarantees the performance of such Subscriber hereunder. The entity and the Owner shall be jointly and severally liable under this Agreement.
29) SPECIFIC PENALTIES FOR "SPAM" RELATED ACTIVITIES. In the event that section 2 of this agreement is violated by the subscriber, and such violation involves "spam" related activities, as defined in section 2 of this agreement, the subscriber shall be assessed a fee of $200 per incident, plus the actual costs suffered by Danick Systems as a result of the subscribers action, calculated at a rate of US $100/hour. Examples of such costs include, but are not limited to, time spent responding to complaints from the recipients of such a promotional campaign, working with administrators of other sites which may have been adversely affected by such a campaign, and addressing the security implications of attacks on E-List.Net servers and networks by disgruntled recipients of the "spam." "Spam" related activities involving theft of service, misrepresentation, fraud, or other potentially illegal activities will be reported to appropriate law enforcement agencies by Danick Systems.
(End of E-List.Net User Service Agreement)