All Services (“Service”) provided by Blastcomm
Communications, Inc. (“Blastcomm”) to you (“User”) are done so, subject to the
User’s acceptance and compliance with the below listed Terms and
Conditions.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING THE SERVICE. By your use of
the Service, you agree that your Internet Access Service will be provided under
the terms of Blastcomm’s Policies and Agreements, including but not limited to
Acceptable Use Policy, Privacy Policy, Terms of Service (TOS) and TOS addendums
as listed on the http://www.blastcomm.com/
website. Blastcomm reserves the right
to update any and all of its’ policies and agreements as needed without prior
notifications. Current Policies and Agreements are posted on the Blastcomm web
site. 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.
Blastcomm exercises no
control over the content of the information passing through Blastcomm’s
network, servers or systems. Use of any information obtained via Blastcomm is
at User's risk. Neither Blastcomm 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 Blastcomm make any warranty as to any
information which may result from use of the Service.
THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM THE USE OF THE
SERVICE. NO ADVICE OR INFORMATION GIVEN BY BLASTCOMM, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY. NEITHER BLASTCOMM 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, TROJAN HORSES, BOTS, WORMS OR OTHER HARMFUL
COMPONENTS.
UNDER NO CIRCUMSTANCES
SHALL BLASTCOMM, 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 BLASTCOMM IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS
OF THIS AGREEMENT, BLASTCOMM'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE
OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
In the event User is
unsatisfied with the Service or with any of Blastcomm’s Policies and
Agreements, or practices in operating the Service, User's sole and exclusive
remedy is to discontinue use of the Service.
Notwithstanding
anything to the contrary herein contained, User agrees to indemnify and hold
Blastcomm, 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 Blastcomm, 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
Blastcomm 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 Blastcomm shall confer as to and agree on the legal counsel(s) to be
selected in any such defense.
User represents to
Blastcomm 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.
Blastcomm 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;
·
monitor network activity
other than that activity being generated by the users own activity, any
monitoring of network traffic requires the approval and cooperation of
Blastcomm employees.
·
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;
·
violate any of the rules,
regulations and policies of those networks and computer systems accessed via
User's account.
Blastcomm has no
obligation to monitor the Service. However, User agrees that Blastcomm 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. Blastcomm will not intentionally monitor or disclose any
private E-mail message unless required by law or as required, as part of
maintaining the integrity of our network and servers. Blastcomm 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. Blastcomm 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 Blastcomm following
payment of a reconnection charge, to be determined by Blastcomm in its sole and
absolute discretion.
User agrees to limit
their use of the Blastcomm service, specifically regarding the use of Blastcomm'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 Blastcomm
service.
User agrees to be held
responsible for the distribution of fraudulent materials sn unauthorized use of
email.
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 $500. BLASTCOMM RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF
ON FILE FOR USE IN PAYMENT OF BLASTCOMM SERVICES, A ONE-TIME FEE OF $500 PER
VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR BLASTCOMM SERVICE
VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, BLASTCOMM RESERVES THE RIGHT
TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $500 PER VIOLATION
OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF BLASTCOMM
SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Although Blastcomm
advertises "Unlimited Bandwidth" in regards are several limitations
applied. The sole purpose of these limitations are intended of unnecessary use
of Blastcomm services by any such User, which restricts system availability for
other such Users. These limitations apply only to Hosting offered by Blastcomm.
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 we advertise
unlimited bandwidth, we reserve the right to inform you that you must transfer
your website if an excessive amount of bandwidth is being used. If the request
is not met within 2 days, we do reserve the right to remove the website from
our system.
A credit card User
agrees to allow "Blastcomm" to bill his or her card on each
successive billing date without obtaining User's permission after the initial
charge. A credit card User shall notify Blastcomm of any changes in credit card
number or expiration date. If the card is not honored for any reason, Blastcomm
will attempt to notify the card holder by using the telephone information given
at sign-up or by E-mail. Blastcomm will call the card holder, and if
alternative billing has not been established, the account will be terminated.
Restoring the account will be subject to a setup fee of $25.00.
If payment is by check,
payment due dates are indicated on User's invoice. Dishonored checks are
subject to a collection fee to be determined by Blastcomm 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 $25.00 will be added to charges for additional Service.
Blastcomm maintains the
right to terminate Service for any unpaid subscriptions. Accounts in default
are subject to an interest charge of 2.5% per month on the outstanding balance.
Termination of Service shall not relieve User from the obligation to satisfy
outstanding invoices. In the event Blastcomm utilizes an attorney to collect
any unpaid amounts, User shall be responsible for the payment of all of
Blastcomm's attorneys' fees and costs in the collection of these sums.
Blastcomm 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.
Customer authorizes
Blastcomm to perform a credit check prior to providing any Services or Customer
Premise Equipment (CPE).
Blastcomm reserves the
right to cancel Service for any reason without prior notice. Pre-paid service
is non-refundable. Blastcomm will not refund any shipping or handling fees.
Cancellations after the first of the month will be charged for that month.
Due to the nature of our billing system, Blastcomm requires 30 days prior notice of account cancellation. Pre-paid service
is non-refundable. Blastcomm will not refund any shipping or handling fees.
Cancellations after the first of the month will be charged for that month.
User must notify
Blastcomm in writing or via phone (630.375.9600) to cancel Service.
Fees for any
setup, shipping and handling, and monthly service charges placed by Blastcomm
are non-refundable.
Information transmitted
through Blastcomm and through the Internet in general is not confidential.
Blastcomm cannot and shall not guarantee privacy or protection of any Users
activity on it's network or the Internet in general. Blastcomm 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 Blastcomm.
Unless required by
court order, subpoena or other legal request, or upon the advice of counsel,
"Blastcomm" does NOT publish User's name and other consumer information. In
addition, unless User notifies "Blastcomm" to the contrary as
provided above, "Blastcomm" 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. Blastcomm has never and does not have any intent to sell any customer information to any third-party.
The right to use the
Service is not transferable. Accounts and connections are for User's use only.
User shall be responsible for the confidentiality of User's login and password
or connection information. Loaning User's account or connection to others, is
explicitly prohibited. If User has multiple accounts or connections, 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.
Blastcomm does not and
will not perform system backups on any User's E-mail account(s). Blastcomm 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,
Blastcomm will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Blastcomm does not and
will not perform system backups on any web sites. Blastcomm 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, Blastcomm will not provide historical data, to any party for
any reason, regarding any system or Internet activity.
Blastcomm may deny User
access to all or part of the Service without notice if User engages in any
conduct or activities that Blastcomm in its sole discretion believes violates
any of the terms and conditions in this Agreement. If Blastcomm denies User
access to the Service because of such a violation, User shall have not right
(1) to access through Blastcomm any materials stored on the Internet, (2) to
obtain any credit(Blastcomm) otherwise due to User, and such credit(s) shall be
forfeited, (3) to access third party services, merchandise or information on
the Internet through Blastcomm, and Blastcomm 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.
·
Residential MTU Broadband TOS Addendum
·
Wireless
Broadband TOS Addendum
·
User agrees to notify
Blastcomm 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 Blastcomm.
·
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.
·
Blastcomm's 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.
·
Blastcomm 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 Illinois
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.
·
Blastcomm 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 Blastcomm.
·
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 Blastcomm as the
defendant, shall be proper only in a venue determined by Blastcomm.
·
In any action between
Blastcomm and User to enforce any of the terms of this Agreement, Blastcomm
shall be entitled to recover expenses, including reasonable attorney's fees.
·
This Agreement and it’s
applicable addendums constitutes the entire agreement between User and
Blastcomm with respect to the Service.