P.O. Box
1841
Martinsville, In 46151
Members Terms of Service
Tec-Write On-Line agrees to provide you ("User")
with those services ("Service") set forth below 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.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO
OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Tec-Write On-Line exercises no control whatsoever over the
content of the information passing through Tec-Writes system. Use of any
information obtained via Tec-Write is at User's risk. Neither Tec-Write nor any
of its affiliates, its licensers, its contractors or their respective employees
warrant that the Service will be uninterrupted or error free; nor does
Tec-Write make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR
INFORMATION GIVEN BY Tec-Write, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER Tec-Write NOR ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS 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, CANCELBOTS, WORMS, TROJAN HORSES
OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL Tec-Write, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT
RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO
ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF
INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR
BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT
Tec-Write IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, Tec-Write 'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF
USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of Tec-Write in operating
the Service, User's sole and exclusive remedy is to discontinue using the
Service.
Notwithstanding anything to the contrary herein contained,
User agrees to indemnify and hold Tec-Write, its affiliates, its licensers, its
contractors or their respective employees harmless against any and all
liability, loss, claim, judgment, damage and expense including without
limitation attorney's fees and cost of litigation) incurred or suffered by
Tec-Write, its licensers, its affiliates, its contractors, or their respective
employees as the result of any and all use of User's account whether authorized
or not authorized or as a result of the negligence, willful misconduct, or
breach of any of the terms of this Agreement by User, including but not limited
to claims, liabilities, losses, damage, judgment and expense which arise out of
alleged injury or death of any person or damage to property of every kind and
description. User shall promptly notify Tec-Write in writing of any claim of
which it is obligated under this indemnity. User shall have the right to assume
the defense of any such claim. User and Tec-Write shall confer as to and agree
on the legal counsel(s) to be selected in any such defense.
User represents to Tec-Write 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.
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. Tec-Write has no control over and accepts no
responsibility whatsoever for such materials.
User may not:
restrict or inhibit any other user from using and enjoying
the Internet;
post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, pornographic, profane, or otherwise
objectionable information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local, state, national
or international law, including without limitation the U.S. export control laws
and regulations;
post on webspace provided any sexually explicit materials or
materials that may be offensive.
post or transmit any information or software which contains
a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way
exploit any information, software or other material obtained through the
Service for commercial purposes (other than as expressly permitted by the
provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in
any way, information, software or other material obtained through the Service
which is protected by copyright, or other proprietary right, or derivative
works with respect thereto, without obtaining permission of the copyright owner
or rightholder;
upload, post, publish, transmit, reproduce, transmit or
distribute in any way any component of the Service itself or derivative works
with respect thereto;
send unsolicited advertising or promotional materials to other
network users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of
auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords
or security encryption codes, transfer or store illegal material including that
deemed threatening or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to
enforce the part-time and personal nature of User's connection, including the
use of pingbots and other methods of avoiding timing disconnection (See section
titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those
networks and computer systems accessed via User's account.
Tec-Write has no obligation to monitor the Service. However,
User agrees that Tec-Write has the right to monitor the Service electronically
from time to time and to disclose any information as may be necessary to
satisfy any law, regulation or other governmental request, to operate the
Service properly, or to protect itself or its subscribers. Tec-Write will not
intentionally monitor or disclose any private E-mail message unless required by
law. Tec-Write reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole and absolute
discretion, are unacceptable, undesirable, or in violation of this Agreement.
Tec-Write reserves the right to suspend access to the Service for User's
account. The account's suspension may be rescinded within the sole and absolute
discretion of Tec-Write following payment of a reconnection charge, to be
determined by Tec-Write in its sole and absolute discretion.
User agrees to limit their use of the Tec-Write service,
specifically regarding the use of Tec-Write 's electronic (email) services, to
the following restrictions:
User agrees that any unauthorized use of any email server
located throughout the Internet for the purposes of relaying or distributing
messages is prohibited.
User agrees that the purposeful distribution of any email
message where the return address, originator's address, or any other
identifiable aspect of the message has been purposefully altered, is
prohibited. User may not purposefully misrepresent the origination information
of any email messages sent while using the Tec-Write service.
User agrees to be held responsible for the distribution of
fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE
TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING
TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS
DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Tec-Write RESERVES THE
RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Tec-Write
SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT
USER PRE-PAYS FOR THEIR Tec-Write SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN
CREDIT CARD, Tec-Write RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE
FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO
THE IMMEDIATE TERMINATION OF Tec-Write SERVICES FOR VIOLATION OF ANY OF THESE
TERMS.
You
agree not to post any of the following restricted contents: Illegal, Abusive or
Unethical Activities include, but are not limited to, pornography, obscenity,
nudity, violations of privacy, hacking, computer virus, gambling, or promotion
of gambling, and any harassing or harmful materials or uses, as determined by
us. You agree to indemnify and hold us harmless from any claim resulting from
your publications or use of Illegal, Abusive or Unethical materials.
Although Tec-Write advertises "Unlimited Access"
in regards to some of it's Dial-Up services, there are several limitations
applied. The sole purpose of these limitations are intended to limit the amount
of unnecessary use of Tec-Write services by any such User, which restricts
overall Tec-Write system availability for other such Users. These limitations
apply only to Dial-Up access services offered by Tec-Write.
Set Up Fees/Membership Fees
There is a $25 setup fee unless noted otherwise. On memberships where no set up fee is charged, the second
set up will also be free. After the second
set up a fee of $25.00 will be charged.
This fee will also apply to accounts that have expired for over 10
days. A yearly Membership Fee of $25 will be charged for all One Number Accounts.
User agrees to have their online session automatically
terminated after ten (10) minutes of consecutive inactivity. Inactivity is
defined as less than 500 bytes of data transferred between User's modem and the
Tec-Write service. (Morgan County Dial up accounts NOT included)
User agrees to have an online session automatically
terminated after eight (8) hours of consecutive time, (4) hours on the One Number Membership regardless of data
transferred during such specific online session. (Morgan County Dial up accounts NOT included)
User understands they cannot log back onto the Tec-Write
system for a time period of one (1) minute following the termination of their
previous online session, regardless of the reason for the previous session's
termination.
User agrees to maintain no more than one (1) concurrent
online session for each PPP/ISDN account purchased.
Payment is due by the renewal date. If payment is not received the account will
be terminated on the renewal date.
Payment can be made by credit card, bank card, bank draft, or check. If
payment is made more that 10 days after renewal date, that will be considered a
new account and a $20 set up fee will apply.There will be a $25.00 service fee for all returned checks.
Tec-Write reserves the right to change prices at any time
without prior notice to it's customers or the public. Price changes will not be
retroactive for existing customers, regardless of the length of their existing
service subscription.
Tec-Write reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is non-refundable. Cancellations
after the first of the month will be charged for that month.
User must notify Tec-Write via telephone or email to cancel Service.. Fees for any set up or monthly service charges placed by
Tec-Write are non-refundable.
Information transmitted through Tec-Write and through the
Internet in general is not confidential. Tec-Write cannot and shall not
guarantee privacy or protection of any User. Tec-Write reserves the right to
monitor any User's transmissions when deemed necessary for providing proper
service and/or to protect the rights and property of Tec-Write.
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. Violation of
those terms shall constitute theft of Service and may be prosecuted under civil
and criminal law.
If User wishes to make purchases on the Service, User may be
asked by the merchant or information or service provider from whom User is
making the purchase to supply certain information, including credit card or
other payment mechanism information. User agrees that all information User may
provide any merchant or information or service provider on the Service for
purposes of making purchases shall be accurate, complete and current. The
merchants and information and service providers offering merchandise,
information and services on the Service set their own prices and may change
prices or institute new prices at any time. User agrees to pay all charges
incurred by users of User's account and credit card or other payment mechanism
at the prices in effect when such charges are incurred. User shall also be
responsible for paying any applicable taxes relating to purchases on the
Service.
Tec-Write does not and will not perform system backups on
any User's E-mail account(s). Tec-Write 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, Tec-Write will not provide historical data, to any party for any
reason, regarding any system or Internet activity.
Tec-Write does not and will not perform system backups on
any User's personal web site account(s). Tec-Write shall not be held
responsible for any lost web data, web files, or any web site contents,
regardless of the reasoning for data loss or system causes. Except as otherwise
set forth herein, Tec-Write will not provide historical data, to any party for
any reason, regarding any system or Internet activity.
Tec-Write may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that Tec-Write in
its sole discretion believes violates any of the terms and conditions in this
Agreement. If Tec-Write denies User access to the Service because of such a
violation, User shall have not right (1) to access through Tec-Write 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 Tec-Write , and
Tec-Write 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.
User agrees to remain signed into the network only when
actually making use of same, and to disconnect when idle for significant
periods of time (more than 10 minutes). User also agrees to not remain
connected to Tec-Write 's system for periods exceeding (8) eight hours, in any
single continuous session. User authorizes Tec-Write to enforce these
restrictions by appropriate software and network measures, automated and
manual.
User agrees to notify Tec-Write if User moves or otherwise
changes his or her mailing address or phone number, and to list a truthful
name, postal address and telephone number on the forms User supplies to Tec-Write
.
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.
Tec-Write 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.
Tec-Write 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 Indiana 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.
Tec-Write 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 the reasonable control of Tec-Write .
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 Tec-Write as the defendant, shall be proper only in a
venue determined by Tec-Write.
In any action between Tec-Write and User to enforce any of
the terms of this Agreement, Tec-Write shall be entitled to recover expenses,
including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User
and Tec-Write with respect to the Service.