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  Dataframe Logistics, Inc. is pleased to provide Internet access and other related services to you. Please read this agreement carefully before accessing the service. By accessing the service, you agree to be bound by the Terms and Conditions below just as if you had signed it. If you do not wish to be bound by these Terms and Conditions, you may not access or use the service. Dataframe Logistics Inc. reserves the right to modify the Terms and Conditions at anytime without prior notice. Please check this document for latest updated information.
  • Parties: This agreement is made between Dataframe Logistics, Inc., hereinafter known as "Dataframe", as the provider of Internet, Voice and TV services and Subscriber as consumer of said services.
  • Subscriber: Subscriber represents and warrants to Dataframe that he/she is of eighteen (18) years of age or older or is another type of legal entity, such as a corporation. Subscriber further represents that he/she possesses the legal rights and ability to enter into this agreement.
  • Services Provider: Dataframe Logistics, Inc. is an Internet Service Provider and thus provides access to the Internet, web sites, among other Internet services. For purposes of this agreement, Dataframe provides dialup Internet access, DSL, cable modems, web hosting, email gateway, e-commerce, dedicated connections or other Internet services.
  • Internet Contents: Subscriber understands and agrees that the Internet is not in any way under the control of Dataframe. At many Internet sites, obscene and offensive material may be present, it is agreed that Dataframe has no responsibility for, nor any control over, any contents / information accessed by the Subscriber on the Internet. Such materials are accessed at the Subscriber's own discretion and risk.
  • Privacy Issues: Electronic mail and any other transmissions whether transmitted / originated / terminated at Dataframe's systems will not be held confidential. Therefore Dataframe cannot guarantee the protection or privacy of any information of any subscriber. Dataframe reserves the right to monitor a subscriber's traffic as a necessary step to providing reliable service or otherwise to protect the rights or property of Dataframe. Dataframe will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise, on the advice of counsel.
  • No Representation of Warranty: Subscriber acknowledges that the Dataframe service is used at the subscriber's sole risk and liability. Neither Dataframe, its employees, agents, affiliates or any similar party, warrant or covenant to any subscriber that the Dataframe service will be uninterrupted or free from error; nor do any of the foregoing make any representation or warranty regarding (i) the use of the Dataframe service, or (ii) the accuracy, reliability or content of any information, service, or merchandise provided through Dataframe.
  • "As Is" Service: The Dataframe service is provided on an "AS IS," "AS AVAILABLE" basis without representations or warranties of any kind, either expressed or implied, including warranties of title, implied warranties of merchantability, or fitness for a particular purpose. No oral advice or written information given by Dataframe, it's employees, agents or any similar party, shall create or expand any representation or warranty; nor shall any subscriber be entitled to rely on any such information or advice.
  • Limitation of Liability: Subscriber agrees that neither Dataframe., nor any other person or entity involved in creating, producing or distributing the Dataframe service shall have any liability for any direct, indirect, incidental, special or consequential damages that (i) result, or may result, from the use of, or inability to use the Dataframe service; any software obtained through Dataframe; or (ii) result or may result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, libel or intellectual property infringement by others, or delays in operation or availability, or transmissions, or any failure of performance, whether or not occurring by negligence, force majeure, acts of god, communications failure, destruction or unauthorized access. In all events, Dataframe liability shall never exceed the amount actually paid for access to, and use of, Dataframe during the three (3) month period immediately prior to the claimed injury or damage. Subscriber hereby releases Dataframe from any and all obligations, liabilities and claims in excess of the limitations set forth in this section. This section shall apply to all content, products and/or services available directly or indirectly through Dataframe Indemnification. Subscriber agrees to indemnify Dataframe from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims based upon use of subscriber's account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Subscribers and infringement of intellectual property or other rights. Dataframe will notify Subscriber promptly of any claim for which it seeks indemnification and will afford Subscriber the opportunity to participate in the defense of such claim, providing that Subscriber's participation will not be conducted in a manner prejudicial to Dataframe's interests, as reasonably determined by Dataframe.
  • Security Attacks: Attempts to gain unauthorized access to other computer systems is prohibited. Subscriber will abide by all rules, regulations and policies of networks and computer systems accessed via Dataframe. If Subscriber is unsure of those policies, it is the Subscriber's responsibility to ascertain said policies. Any verified attempts by the user to gain unauthorized access to anther system will result in immediate termination of your account without refund.
  • Software: As a courtesy to Subscribers, Dataframe has accumulated a library of software which is "shareware" or "freeware". Dataframe is not the author of, or otherwise responsible for, any such software or engaged in the sale or licensing of such software. Dataframe makes no warranty of any kind, either expressed or implied, with respect to freeware or shareware available to subscribers. Dataframe accepts no liability of any kind with respect to such software or any damages resulting from use thereof. Subscriber assumes all risks with respect to such software. Subscriber, not Dataframe, must pay all shareware license fees. No Subscriber will assert any claim against Dataframe with respect to any shareware or freeware obtained through Dataframe.
  • Non Transferable: The right to use Dataframe is not transferable. Accounts are for the use of Subscriber only. Subscriber is responsible for the confidentiality of Subscriber's passwords.
  • Lawful Use: Services provided to you through Dataframe, including Internet access, may only be used for lawful purposes. Transmission of any data, information or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Subscriber may not, under any circumstances, use Dataframe in an unlawful manner, including, but not limited to: 1) posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; 2) intercepting or attempting to intercept e-mail; and 3) uploading files that contain software or other material protected by copyright laws unless you own or control the rights thereto.
  • Speed. If the Service you have purchased is provided within a range of speeds (referred to herein as the "synchronization rate" or "synch rate "), the synch rate is measured between the network interface device at your home and the equipment located in the closest Dataframe network. If the Service you have purchased has an "up to " speed range (i.e. synch rate up to 384 Kbps, or up to 1.5 Mpbs), there is no minimum synch rate guarantee. There is no guarantee or warranty that the Service will perform at the upper end of the synch rate range, nor is there a guarantee or warranty that actual throughput from the Internet to your computer ("throughput speed") will be at or above the low end of the speed range. Throughput speeds associated with some or all features of the Service (e.g., Usenet, email) may be limited at Dataframe's sole discretion, and such limitation will have no effect on whether the minimum speed is met.
  • System Rules: Subscriber agrees to comply with the following system rules of Dataframe. The following are strictly prohibited: any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of Dataframe; sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes but is not limited to, bulk mailing of commercial advertising, informational announcements, political announcements and religious information. Such material may only be sent to those who have explicitly requested it; forwarding or posting "chain letters" of any type; forging email or USENET posting header information; Newsgroup violations including posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "newsgroup spam"), posting binary files to newsgroups not specifically named for that purpose, and violation of newsgroup charter or FAQ. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it; Operating a news server is prohibited without prior written permission from Dataframe; unauthorized reselling of Dataframe's Services; and unauthorized active or passive probing of any IP address. Failure to comply with system rules may result in suspension or termination of Subscriber's account. In the event account is terminated under this section no refund shall be due.
  • Late Charges: Delinquent accounts are subject to a finance charge equal to the greater of 1.5% per month or the maximum rate allowed by law on the past due balance. Delinquent accounts and collection attempts may be reported to a certified credit reporting agency.
  • Discrepancies in Billing: Unless Subscriber notifies of any discrepancies or irregularities within sixty (60) days after they first appear on your invoice or credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by card issuer. SUBSCRIBER RELEASES Dataframe FROM ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO Dataframe WITH SIXTY (60) DAYS OF ITS PUBLICATION DATE.
  • Dataframe Cancellation: Dataframe reserves the right to cancel service for any reason without prior notice. When an account is canceled for violation of published terms and conditions, no refund shall be due.