Copper.net End User Terms of Service
Rev. 9/07
Note:
This Terms of Service applies to all Users.
Copper.net, Inc.
("Copper.net") agrees to provide you ("User") with those
Services ("Service") set forth on www.Copper.net and affiliated sites
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. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MUST CANCEL PER THE TERMS OUTLINED WITHIN THIS AGREEMENT UNDER
RIGHT TO CANCEL.
Warranty Disclaimer
THE FOREGOING WARRANTIES
SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSED OR IMPLIED.
Copper.net exercises no
control whatsoever over the content of the information passing through
Copper.net s system. Use of any information obtained via Copper.net is at
User's risk. Neither Copper.net 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 Copper.net 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, NON-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 COPPER.NET, ITS
AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. NEITHER COPPER.NET 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. COPPER.NET IS UNDER NO OBLIGATION TO ISSUE REFUNDS, CREDITS
OR ANY SUCH REIMBURSEMENT FOR INTERUPTIONS IN SERVICE AS OUTLINED WITHIN THIS
AGREEMENT OR OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES
SHALL COPPER.NET, 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 COPPER.NET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS
OF THIS AGREEMENT, COPPER.NET S LIABILITY SHALL BE LIMITED TO THE UNUSED
BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
UNDER NO CIRCUMSTANCES
SHALL COPPER.NET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES EXPERIENCED BY USER THAT RESULT FROM VIRUSES,
CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL OCCURANCES.
If User is dissatisfied
with the Service or with any terms, conditions, rules, policies, guidelines or
practices of Copper.net in operating the Service, User's sole and exclusive
remedy is to cancel per the terms outlined elsewhere in this Agreement.
Indemnification
Notwithstanding anything
to the contrary herein contained, User agrees to indemnify and hold Copper.net,
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 Copper.net, 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 Copper.net 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
Copper.net shall confer as to and agree on the legal counsel(s) to be selected
in any such defense.
Age Limit
User represents to
Copper.net that he or she is 18 years
of age or older. User understands
that certain materials available while using the 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. Copper.net has no control
over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
Send unsolicited E-mail,
(known as 'Spam') to anyone residing on our servers
or through our servers, or when
dialed into the network. Use of System for Spam or other prohibited uses
will result in immediate termination of any and all Copper.net accounts
registered to the User in violation without notice. The following types
of E-mail sent constitute as Spam:
� Forged E-mails To/From address other than from the
actual sender or to the actual recipient.
� Message subject not related to the E-mail body.
� E-mail not requested by the recipient.
� E-mails 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
sexually explicit materials or materials that may be offensive as determined by
Copper.net;
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 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
(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 ping bots 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.
Copper.net
has no obligation to monitor the Service. However, User agrees that
Copper.net 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. Copper.net will not intentionally
monitor or disclose any private E-mail message unless required by law.
Copper.net 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. Copper.net
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 Copper.net following payment of a reconnection charge, to be
determined by Copper.net in its sole and absolute discretion.
Messaging
User agrees to limit their
use of the Copper.net Service, specifically regarding the use of Copper.net s
electronic (E-mail) Services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any
unauthorized use of any E-mail server located throughout the Internet for the
purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the
purposeful distribution of any E-mail 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 E-mail messages sent while
using the Copper.net Service.
Fraudulent Content Acceptable
Use
User agrees to be held
responsible for the distribution of fraudulent materials.
USER AGREES TO THE IMMEDIATE TERMINATION OF COPPER.NET SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Any violations of illegal
or criminal nature will be prosecuted to the fullest extent of the law.
Restricted Content
You agree not to post or
transmit 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.
Limitation of Dial-Up Services
The sole purpose of
these limitations are intended to limit the amount of unnecessary use of
Copper.net Services by any such User, which restricts overall Copper.net system
availability for other such Users.
These limitations apply only to Dial-Up access Services offered by Copper.net.
Limitation of
Accelerated Dial-Up Services
Due to certain
conditions which may exist beyond Copper.net s scope and control, user may not
always see the same level of acceleration and in some cases may not see any at
all.
User may discontinue the Copper HiSpeed service at
any time, and maintain a standard Copper.net Dial-Up account. User may not receive
a prorated refund for any unused services left in that billing cycle.
Idle Timeout
User agrees to have
their online session automatically terminated after fifteen (15) minutes of
consecutive inactivity. Inactivity is defined as less than 500 bytes of
data transferred between User's modem and the Copper.net Service.
Maximum Single Session
User agrees to have an
online session automatically terminated after four (4) hours of consecutive time, regardless of data
transferred during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the Copper.net
system for a period of one (1) minute following the termination of their
previous online session, regardless of the reason for the previous session's
termination.
Multiple, Concurrent Online Sessions
User agrees to maintain
no more than one (1) concurrent online session for each Dial-Up account
purchased.
Excessive Usage
All service plans are prohibited from being used to provide subscriber with dedicated
or constant connectivity. Copper.net reserves the right to immediately terminate or
modify the Services of any User if Copper.net determines, in its sole discretion, that the
User is using the Service in an excessive manner.
Access Telephone Numbers
An updated and complete
listing of Copper.net access telephone numbers
is available at www.Copper.net.
COPPER.NET CANNOT
REPRESENT OR GUARANTEE THAT ANY DIAL-UP
PORT IS LOCAL.
COPPER.NET CANNOT CONFIRM THE LOCATIONS AND CITIES LISTED WITH CORRESPONDING
ACCESS NUMBERS ARE IN FACT THE ACTUAL LOCATIONS OF THE ACCESS NUMBERS. IF
ANY DOUBT EXISTS, USER SHOULD CONTACT THEIR TELEPHONE SERVICE PROVIDER
DIRECTLY. COPPER.NET CANNOT BE HELD RESPONSIBLE FOR ANY LONG DISTANCE
CHARGES USER MAY INCUR. COPPER.NET, ITS EMPLOYEES OR ITS AFFILIATES ARE
IN NO POSITION TO KNOW WHAT IS LOCAL TO EACH USER AND WHAT MAY NOT BE LOCAL TO
EACH USER. COPPER.NET WILL MAKE NO REIMBURSEMENT, EITHER PARTIAL OR
IN-FULL, FOR ANY LONG DISTANCE OR OTHER TELEPHONE CHARGES INCURRED BY USER
WHILE CONNECTED TO THE SERVICE.
User
understands that from time to time
Copper.net or its contractors may
add, discontinue or change access telephone numbers.
Copper.net and its contractors
reserve exclusive right to add, discontinue or change access telephone numbers as deemed necessary. User agrees to alter
access number if requested. In the event an access number is not
available in a User s local dialing area, it is the sole responsibility of the
User to cancel Service as outlined elsewhere in this agreement. Copper.net
will issue no refunds or credits in the event an access telephone number is
changed or discontinued.
Terms of Payment
A User who provides
payment by credit card or debit card agrees to allow Copper.net to bill his or
her card on each successive billing date. A credit card User shall notify Copper.net of
any changes in credit card number or expiration date. If the card is not
honored for any reason, and if alternative billing has not been established,
the account will be terminated.
Copper.net will not be
responsible for bank fees, interest charges, finance charges, over draft
charges, or other charges incurred by User for exceeding credit card limits,
exceeding available bank account balances, or any other such reason.
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 Copper.net in its sole and
absolute discretion up to the amount allowable by law and User's account may be
suspended until the account is current. If payment is not received,
Service will be terminated.
Copper HiSpeed service is available only with a revolving credit
card account, billed monthly. Annual accounts are not available for
Copper HiSpeed. Payment by check is not available
for Copper HiSpeed
Copper.net maintains the
right to terminate Service for any unpaid subscriptions. Accounts in
default may be 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 Copper.net
utilizes an attorney to collect any unpaid amounts, User shall be responsible
for the payment of all of Copper.net s attorneys' fees and costs in the
collection of these sums.
Copper.net reserves the
right to change prices at any time without prior notice to its Users or the public. Price changes will not be
retroactive for existing Users,
regardless of the length of their existing Service subscription.
All amounts due, referenced
on the Copper.net web site, or quoted by representations of Copper.net and its
affiliates are understood by User to
be in United States Dollars (USD).
Right to Cancel
Copper.net reserves the right to cancel Service for any reason without prior notice.
Copper.net reserves the right to close accounts deemed to have excessive usage (see above section, "Excessive Usage").
User may discontinue their Copper.net Service at any time for any reason with proper notice as defined below:
User must notify Copper.net via telephone or in person to cancel Service.
USER SHALL NOT CONSIDER THEIR SERVICE TERMINATED UNTIL THEY RECEIVE A VALID CANCELLATION NUMBER.
Cancellations shall not be honored by electronic mail, fax or postal mail.
Copper.net offers a one-time risk free 30-day money back guarantee, excluding special promotions and discount offers.
Cancellations within User's first 30 days of Service, receive a full refund excluding special promotions and discount offers.
After your initial 30 days, refunds will not be issued for monthly accounts or any account that exceeds thirty hours of usage.
Annual account refunds are pro-rated at a rate of $19.95 (USD) times the number of months or partial months used.
Refunds may take up to 30 days to process.
Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices.
No Confidentiality
Information transmitted
through Copper.net and through the Internet in general is not
confidential. Copper.net cannot and shall not guarantee privacy or
protection of any User. Copper.net 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 Copper.net.
User Information
Unless required by court
order, subpoena or other legal request, or upon the advice of counsel,
Copper.net will not publish User's name and other consumer information.
Copper.net will not make such information available to third parties.
Non-transferable
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. User
shall be liable for any violations to this Agreement that may occur during the
use of User account.
User E-Mail Account
Copper.net provides User with one (1) @Copper.net e-mail account.
Additional @Copper.net e-mail accounts may be available for sale at www.Copper.net or by calling customer service.
Copper.net does not and will not perform system backups on any User's E-mail account(s).
Copper.net shall not be held responsible for any lost E-mail data, E-mail attachments,
or any E-mail message contents, regardless of the reasoning for data loss or system causes.
User should not use the Copper.net web mail feature as their primary mail client.
Settings in the web mail feature, including stored messages, addresses, or other settings
will not be retained in the event of data loss. Storage for e-mail messages and
attachments is set to 25 MB per account.
Purchases and Transactions while on the
Service
Copper.net is not
responsible for the confidentiality of information that User may provide to
merchants and information or Service providers
while connected to the Service. Negligence or other issues related to
purchases, agreements, or other transactions performed while User is connected
to the Service are the sole responsibility of User and merchants and
information or Service providers.
Copper.net assumes no responsibility or liability in such transactions.
No System Backup
Copper.net does not and
will not perform system backups on any User's E-mail account(s).
Copper.net shall not be held responsible for any lost E-mail data, E-mail
attachments, or any E-mail message contents, regardless of the reasoning for
data loss or system causes. Except as otherwise set forth herein,
Copper.net will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Failure to Comply With Terms and
Conditions
Copper.net may deny User
access to all or part of the Service without notice if User engages in any
conduct or activities that Copper.net in its sole discretion believes violates
any of the terms and conditions in this Agreement. If Copper.net denies
User access to the Service because of such a violation, User shall not have the
right (1) to access through Copper.net any materials stored on the Internet,
(2) to obtain any refund(s) otherwise due to User, and such refund(s) shall be
forfeited, (3) to access third party Services, merchandise or information on
the Internet through Copper.net, and Copper.net shall have no responsibility to
notify any third-party providers of
Services, merchandise or information or any responsibility for any consequences
resulting from lack of notification.
Miscellaneous
All introductory
promotional offers are intended for new customers only.
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 15 minutes). User also agrees to not remain connected to
Copper.net's system for periods exceeding four (4) hours, in any single
continuous session. User authorizes Copper.net to enforce these
restrictions by appropriate software and network measures, automated and manual.
User agrees to notify
Copper.net 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 Copper.net.
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.
Copper.net'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.
Copper.net may modify
this Agreement from time to time. 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 cancel the Service per the terms outlined elsewhere in
this agreement.
This Agreement shall be
governed by and construed in accordance with the laws of the State of Ohio, United States of America,
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.
Copper.net 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 Copper.net.
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 Copper.net as the defendant, shall be proper only in a
venue determined by Copper.net.
In any action between
Copper.net and User to enforce any of the terms of this Agreement, Copper.net
shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement
constitutes the entire agreement between User and Copper.net with respect to
the Service.