End-User Terms of Service
380 Communications 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.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
380 Communications exercises no control whatsoever over the content of the information passing through 380 Communications system. Use of any information obtained via 380 Communications is at User’s risk. Neither 380 Communications 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 380 Communications make any warranty as to the results from use of the Service. Due to the nature of unlicensed wireless connections, speeds cannot be guaranteed.
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, NO INFRINGEMENT, 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 380 Communications, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER 380 Communications 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, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
All equipment provided by 380 Communications remains the property of the 380 Communications, unless otherwise agreed upon in writing.
Intellectual Property Rights
All intellectual property in all Services shall be the sole and exclusive property of 380 Communications.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL 380 COMMUNICATIONS, 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 380 COMMUNICATIONS IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, 380 COMMUNICATIONS 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 380 Communications 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 380 Communications , 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 380 Communications, 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 380 Communications 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 380 Communications shall confer as to and agree on the legal counsels to be selected in any such defense.
User represents to 380 Communications 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. 380 Communications has no control over and accepts no responsibility whatsoever for such materials.
User may not:
- Send unsolicited email, (known as SPAM) to anyone residing on our servers or through our servers or when on the network. The following types of email sent constitute as spam:
- Forged email To/From address other than from the actual sender or to the actual recipient.
- Message subject not related to the email body.
- Email not requested by the recipient.
- Emails sent in bulk by sender.
- Mail bombs.
- 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 or transmit any information or software which contains a virus, 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 right holder.
- 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.
- Allow users to run Mail list, Listserv or any form of auto-responds from User’s account.
- 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 of illegal activity.
- Attempt to defeat any system tool or violate any of the rules, regulations and policies of those networks and computer systems accessed via User’s account.
- User shall not resell any portion of the Service to third parties.
- 380 Communications has no obligation to monitor the Service. However, User agrees that 380 Communications 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. 380 Communications will not intentionally monitor or disclose any private E-mail message unless required by law. 380 Communications 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. 380 Communications 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 380 Communications following payment of a reconnection charge, to be determined by 380 Communications in its sole and absolute discretion.
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 380 Communications service.
Terms of Payment
Payment is acceptable by check, money order, credit card, PayPal, or cash; payment due dates are indicated on User’s invoice. Dishonored checks are subject to a collection fee to be determined by 380 Communications in its sole and absolute discretion and User’s account may be suspended until the account is current. If payment is not received, service will be terminated and a setup fee of $25 will be added to charges for additional Service.
380 Communications maintains the right to terminate Service for any unpaid subscriptions. A late fee of $25 will be applied to accounts unpaid by the due date indicated on the invoice. Accounts in default are subject to an interest charge of 2.5% (or the maximum rate allowed by law) per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event 380 Communications utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of 380 Communications attorneys’ fees and costs in the collection of these sums.
380 Communications reserves the right to change prices at any time without prior notice to its customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.
Right to Cancel
380 Communications 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 380 Communications via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup and monthly service charges placed by 380 Communications are non-refundable.
Information transmitted through 380 Communications and through the Internet in general is not confidential. 380 Communications cannot and shall not guarantee privacy or protection of any User. 380 Communications 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 380 Communications.
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, 380 Communications may publish User’s name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies 380 Communications to the contrary as provided above, 380 Communications may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.
No System Backup
380 Communications does not and will not perform system backups on any User’s E-mail accounts. 380 Communications shall not be held responsible for any lost email data, email attachments, or any email message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, 380 Communications will not provide historical data, to any party for any reason, regarding any system or Internet activity.
380 Communications shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, 380 Communications will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
380 Communications may deny User access to all or part of the Service without notice if User engages in any conduct or activities that 380 Communications in its sole discretion believes violates any of the terms and conditions in this Agreement. If 380 Communications denies User access to the Service because of such a violation, User shall not have the right (1) to access through 380 Communications any materials stored on the Internet, (2) to obtain any credits otherwise due to User, and such credits shall be forfeited, (3) to access third party services, merchandise or information on the Internet through 380 Communications, and 380 Communications 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 notify 380 Communications 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 380 Communications.
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.
380 Communications 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.
380 Communications 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 Commonwealth of Virginia 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.
380 Communications 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, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of 380 Communications.
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 380 Communications as the defendant, shall be proper only in a venue determined by 380 Communications.
In any action between 380 Communications and User to enforce any of the terms of this Agreement, 380 Communications shall be entitled to recover expenses, including reasonable attorney’s fees.
User shall permit 380 Communications access into the building and to the premises User controls to construct, repair and remove network facilities.
This Agreement constitutes the entire agreement between User and 380 Communications with respect to the Service.
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